[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
FEDERAL BUDGET--FISCAL YEAR
2006
NOTE: Apr. 28, 2005 -  [H.Con.Res.95]
Resolved by the House of Representatives (the Senate concurring),

SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2006.

(a) Declaration.--The Congress declares that the concurrent
resolution on the budget for fiscal year 2006 is hereby established and
that the appropriate budgetary levels for fiscal years 2005 and 2007
through 2010 are set forth.
(b) Table of Contents.--The table of contents for this concurrent
resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2006.

TITLE I--RECOMMENDED LEVELS AND AMOUNTS

Sec. 101. Recommended levels and amounts.
Sec. 102. Social security.
Sec. 103. Major functional categories.

TITLE II--RECONCILIATION AND REPORT SUBMISSIONS

Sec. 201. Reconciliation in the House of Representatives.
Sec. 202. Reconciliation in the Senate.

TITLE III--RESERVE FUNDS

Sec. 301. Adjustment for surface transportation.
Sec. 302. Reserve fund for the Family Opportunity Act.
Sec. 303. Reserve fund for the Federal Pell Grant Program.
Sec. 304. Reserve fund for the uninsured.
Sec. 305. Reserve fund for the disposal of underutilized Federal real
property.
Sec. 306. Reserve fund for health information technology and pay-for-
performance.
Sec. 307. Reserve fund for Asbestos Injury Trust Fund.
Sec. 308. Reserve fund for energy legislation.
Sec. 309. Reserve fund for the safe importation of prescription drugs.
Sec. 310. Reserve fund for the restoration of SCHIP funds.

TITLE IV--BUDGET ENFORCEMENT

Sec. 401. Restrictions on advance appropriations.
Sec. 402. Emergency legislation.
Sec. 403. Extension of senate enforcement.
Sec. 404. Discretionary spending limits in the Senate.
Sec. 405. Application and effect of changes in allocations and
aggregates.
Sec. 406. Adjustments to reflect changes in concepts and definitions.
Sec. 407. Limitation on long-term spending proposals.
Sec. 408. Compliance with section 13301 of the Budget Enforcement Act of
1990.
Sec. 409. Exercise of rulemaking powers.
Sec. 410. Treatment of allocations in the House.
Sec. 411. Special procedures to achieve savings in mandatory spending
through FY2014.

TITLE V--SENSE OF THE SENATE

Sec. 501. Sense of the Senate regarding unauthorized appropriations.
Sec. 502. Sense of the Senate regarding a commission to review the
performance of programs.
Sec. 503. Sense of the Senate regarding TRICARE.
Sec. 504. Sense of the Senate regarding tribal colleges and
universities.
Sec. 505. Sense of the Senate regarding social security restructuring.
Sec. 506. Sense of the Senate regarding funding for subsonic and
hypersonic aeronautics research by the National Aeronautics
and Space Administration.
Sec. 507. Sense of the Senate regarding the acquisition of the next
generation destroyer (DDX).

[[Page 3634]]
119 STAT. 3634

TITLE I--RECOMMENDED LEVELS AND AMOUNTS

SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.

The following budgetary levels are appropriate for each of fiscal
years 2005 through 2010:
(1) Federal revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are
as follows:
Fiscal year 2005: $1,483,658,000,000.
Fiscal year 2006: $1,589,892,000,000.
Fiscal year 2007: $1,693,246,000,000.
Fiscal year 2008: $1,824,274,000,000.
Fiscal year 2009: $1,928,678,000,000.
Fiscal year 2010: $2,043,916,000,000.
(B) The amounts by which the aggregate levels of
Federal revenues should be reduced are as follows:
Fiscal year 2005: $366,000,000.
Fiscal year 2006: $17,758,000,000.
Fiscal year 2007: $26,006,000,000.
Fiscal year 2008: $11,935,000,000.
Fiscal year 2009: $27,553,000,000.
Fiscal year 2010: $22,466,000,000.
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new budget
authority are as follows:
Fiscal year 2005: $2,078,456,000,000.
Fiscal year 2006: $2,144,384,000,000.
Fiscal year 2007: $2,211,308,000,000.
Fiscal year 2008: $2,324,327,000,000.
Fiscal year 2009: $2,428,613,000,000.
Fiscal year 2010: $2,524,958,000,000.
(3) Budget outlays.--For purposes of the enforcement of this
resolution, the appropriate levels of total budget outlays are
as follows:
Fiscal year 2005: $2,056,006,000,000.
Fiscal year 2006: $2,161,420,000,000.
Fiscal year 2007: $2,215,361,000,000.
Fiscal year 2008: $2,305,908,000,000.
Fiscal year 2009: $2,411,288,000,000.
Fiscal year 2010: $2,514,745,000,000.
(4) Deficits (on-budget).--For purposes of the enforcement
of this resolution, the amounts of the deficits (on-budget) are
as follows:
Fiscal year 2005: $572,348,000,000.
Fiscal year 2006: $571,528,000,000.
Fiscal year 2007: $522,115,000,000.
Fiscal year 2008: $481,634,000,000.
Fiscal year 2009: $482,610,000,000.
Fiscal year 2010: $470,829,000,000.
(5) Debt subject to limit.--Pursuant to section 301(a)(5) of
the Congressional Budget Act of 1974, the appropriate levels of
the public debt are as follows:
Fiscal year 2005: $7,962,000,000,000.
Fiscal year 2006: $8,645,000,000,000.

[[Page 3635]]
119 STAT. 3635

Fiscal year 2007: $9,284,000,000,000.
Fiscal year 2008: $9,890,000,000,000.
Fiscal year 2009: $10,500,000,000,000.
Fiscal year 2010: $11,105,000,000,000.
(6) Debt held by the public.--The appropriate levels of debt
held by the public are as follows:
Fiscal year 2005: $4,689,000,000,000.
Fiscal year 2006: $5,082,000,000,000.
Fiscal year 2007: $5,409,000,000,000.
Fiscal year 2008: $5,677,000,000,000.
Fiscal year 2009: $5,927,000,000,000.
Fiscal year 2010: $6,150,000,000,000.

SEC. 102. SOCIAL SECURITY.

(a) Social Security Revenues.--For purposes of Senate enforcement
under sections 302 and 311 of the Congressional Budget Act of 1974, the
amounts of revenues of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund are as follows:
Fiscal year 2005: $573,475,000,000.
Fiscal year 2006: $604,777,000,000.
Fiscal year 2007: $637,792,000,000.
Fiscal year 2008: $671,688,000,000.
Fiscal year 2009: $705,849,000,000.
Fiscal year 2010: $740,343,000,000.
(b) Social Security Outlays.--For purposes of Senate enforcement
under sections 302 and 311 of the Congressional Budget Act of 1974, the
amounts of outlays of the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund are as follows:
Fiscal year 2005: $398,088,000,000.
Fiscal year 2006: $415,993,000,000.
Fiscal year 2007: $429,254,000,000.
Fiscal year 2008: $443,235,000,000.
Fiscal year 2009: $460,443,000,000.
Fiscal year 2010: $479,412,000,000.
(c) Social Security Administrative Expenses.--In the Senate, the
amounts of new budget authority and budget outlays of the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund for administrative expenses are as follows:
Fiscal year 2005:
(A) New budget authority, $4,426,000,000.
(B) Outlays, $4,405,000,000.
Fiscal year 2006:
(A) New budget authority, $4,576,000,000.
(B) Outlays, $4,587,000,000.
Fiscal year 2007:
(A) New budget authority, $4,710,000,000.
(B) Outlays, $4,785,000,000.
Fiscal year 2008:
(A) New budget authority, $4,853,000,000.
(B) Outlays, $4,849,000,000.
Fiscal year 2009:
(A) New budget authority, $5,001,000,000.
(B) Outlays, $4,974,000,000.
Fiscal year 2010:

[[Page 3636]]
119 STAT. 3636

(A) New budget authority, $5,152,000,000.
(B) Outlays, $5,124,000,000.

SEC. 103. MAJOR FUNCTIONAL CATEGORIES.

The Congress determines and declares that the appropriate levels of
new budget authority and outlays for fiscal years 2005 through 2010 for
each major functional category are:
(1) National Defense (050):
Fiscal year 2005:
(A) New budget authority, $423,446,000,000.
(B) Outlays, $465,709,000,000.
Fiscal year 2006:
(A) New budget authority, $441,562,000,000.
(B) Outlays, $447,020,000,000.
Fiscal year 2007:
(A) New budget authority, $465,260,000,000.
(B) Outlays, $448,508,000,000.
Fiscal year 2008:
(A) New budget authority, $483,730,000,000.
(B) Outlays, $467,840,000,000.
Fiscal year 2009:
(A) New budget authority, $503,763,000,000.
(B) Outlays, $488,307,000,000.
Fiscal year 2010:
(A) New budget authority, $513,904,000,000.
(B) Outlays, $505,531,000,000.
(2) International Affairs (150):
Fiscal year 2005:
(A) New budget authority, $28,413,000,000.
(B) Outlays, $31,620,000,000.
Fiscal year 2006:
(A) New budget authority, $30,913,000,000.
(B) Outlays, $32,692,000,000.
Fiscal year 2007:
(A) New budget authority, $34,338,000,000.
(B) Outlays, $31,804,000,000.
Fiscal year 2008:
(A) New budget authority, $34,700,000,000.
(B) Outlays, $31,322,000,000.
Fiscal year 2009:
(A) New budget authority, $34,739,000,000.
(B) Outlays, $31,313,000,000.
Fiscal year 2010:
(A) New budget authority, $34,430,000,000.
(B) Outlays, $31,033,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 2005:
(A) New budget authority, $24,413,000,000.
(B) Outlays, $23,594,000,000.
Fiscal year 2006:
(A) New budget authority, $24,735,000,000.
(B) Outlays, $23,894,000,000.
Fiscal year 2007:
(A) New budget authority, $25,171,000,000.
(B) Outlays, $24,610,000,000.
Fiscal year 2008:
(A) New budget authority, $25,545,000,000.

[[Page 3637]]
119 STAT. 3637

(B) Outlays, $24,922,000,000.
Fiscal year 2009:
(A) New budget authority, $25,851,000,000.
(B) Outlays, $25,242,000,000.
Fiscal year 2010:
(A) New budget authority, $26,162,000,000.
(B) Outlays, $25,565,000,000.
(4) Energy (270):
Fiscal year 2005:
(A) New budget authority, $2,564,000,000.
(B) Outlays, $794,000,000.
Fiscal year 2006:
(A) New budget authority, $3,247,000,000.
(B) Outlays, $2,127,000,000.
Fiscal year 2007:
(A) New budget authority, $2,837,000,000.
(B) Outlays, $1,687,000,000.
Fiscal year 2008:
(A) New budget authority, $2,920,000,000.
(B) Outlays, $1,026,000,000.
Fiscal year 2009:
(A) New budget authority, $2,531,000,000.
(B) Outlays, $1,127,000,000.
Fiscal year 2010:
(A) New budget authority, $2,229,000,000.
(B) Outlays, $1,018,000,000.
(5) Natural Resources and Environment (300):
Fiscal year 2005:
(A) New budget authority, $32,504,000,000.
(B) Outlays, $31,163,000,000.
Fiscal year 2006:
(A) New budget authority, $30,021,000,000.
(B) Outlays, $32,016,000,000.
Fiscal year 2007:
(A) New budget authority, $30,389,000,000.
(B) Outlays, $31,622,000,000.
Fiscal year 2008:
(A) New budget authority, $30,458,000,000.
(B) Outlays, $31,938,000,000.
Fiscal year 2009:
(A) New budget authority, $31,212,000,000.
(B) Outlays, $32,182,000,000.
Fiscal year 2010:
(A) New budget authority, $30,754,000,000.
(B) Outlays, $31,763,000,000.
(6) Agriculture (350):
Fiscal year 2005:
(A) New budget authority, $30,151,000,000.
(B) Outlays, $28,550,000,000.
Fiscal year 2006:
(A) New budget authority, $29,420,000,000.
(B) Outlays, $28,476,000,000.
Fiscal year 2007:
(A) New budget authority, $27,130,000,000.
(B) Outlays, $25,948,000,000.
Fiscal year 2008:
(A) New budget authority, $25,274,000,000.

[[Page 3638]]
119 STAT. 3638

(B) Outlays, $24,225,000,000.
Fiscal year 2009:
(A) New budget authority, $25,631,000,000.
(B) Outlays, $24,738,000,000.
Fiscal year 2010:
(A) New budget authority, $25,357,000,000.
(B) Outlays, $24,627,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 2005:
(A) New budget authority, $16,804,000,000.
(B) Outlays, $11,302,000,000.
Fiscal year 2006:
(A) New budget authority, $10,772,000,000.
(B) Outlays, $5,562,000,000.
Fiscal year 2007:
(A) New budget authority, $10,074,000,000.
(B) Outlays, $4,929,000,000.
Fiscal year 2008:
(A) New budget authority, $10,040,000,000.
(B) Outlays, $4,250,000,000.
Fiscal year 2009:
(A) New budget authority, $10,667,000,000.
(B) Outlays, $3,768,000,000.
Fiscal year 2010:
(A) New budget authority, $14,565,000,000.
(B) Outlays, $6,393,000,000.
(8) Transportation (400):
Fiscal year 2005:
(A) New budget authority, $75,833,000,000.
(B) Outlays, $67,639,000,000.
Fiscal year 2006:
(A) New budget authority, $73,034,000,000.
(B) Outlays, $70,137,000,000.
Fiscal year 2007:
(A) New budget authority, $74,515,000,000.
(B) Outlays, $72,092,000,000.
Fiscal year 2008:
(A) New budget authority, $76,482,000,000.
(B) Outlays, $73,893,000,000.
Fiscal year 2009:
(A) New budget authority, $66,268,000,000.
(B) Outlays, $75,235,000,000.
Fiscal year 2010:
(A) New budget authority, $67,611,000,000.
(B) Outlays, $77,107,000,000.
(9) Community and Regional Development (450):
Fiscal year 2005:
(A) New budget authority, $23,007,000,000.
(B) Outlays, $20,756,000,000.
Fiscal year 2006:
(A) New budget authority, $14,493,000,000.
(B) Outlays, $18,323,000,000.
Fiscal year 2007:
(A) New budget authority, $14,510,000,000.
(B) Outlays, $17,180,000,000.
Fiscal year 2008:
(A) New budget authority, $14,597,000,000.

[[Page 3639]]
119 STAT. 3639

(B) Outlays, $15,779,000,000.
Fiscal year 2009:
(A) New budget authority, $14,735,000,000.
(B) Outlays, $14,706,000,000.
Fiscal year 2010:
(A) New budget authority, $14,755,000,000.
(B) Outlays, $14,402,000,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 2005:
(A) New budget authority, $94,026,000,000.
(B) Outlays, $92,805,000,000.
Fiscal year 2006:
(A) New budget authority, $97,364,000,000.
(B) Outlays, $91,463,000,000.
Fiscal year 2007:
(A) New budget authority, $90,395,000,000.
(B) Outlays, $91,045,000,000.
Fiscal year 2008:
(A) New budget authority, $90,450,000,000.
(B) Outlays, $89,335,000,000.
Fiscal year 2009:
(A) New budget authority, $90,665,000,000.
(B) Outlays, $88,826,000,000.
Fiscal year 2010:
(A) New budget authority, $90,124,000,000.
(B) Outlays, $88,646,000,000.
(11) Health (550):
Fiscal year 2005:
(A) New budget authority, $257,498,000,000.
(B) Outlays, $252,798,000,000.
Fiscal year 2006:
(A) New budget authority, $262,269,000,000.
(B) Outlays, $262,628,000,000.
Fiscal year 2007:
(A) New budget authority, $275,200,000,000.
(B) Outlays, $274,781,000,000.
Fiscal year 2008:
(A) New budget authority, $294,954,000,000.
(B) Outlays, $293,755,000,000.
Fiscal year 2009:
(A) New budget authority, $317,026,000,000.
(B) Outlays, $313,539,000,000.
Fiscal year 2010:
(A) New budget authority, $336,407,000,000.
(B) Outlays, $335,458,000,000.
(12) Medicare (570):
Fiscal year 2005:
(A) New budget authority, $292,587,000,000.
(B) Outlays, $293,587,000,000.
Fiscal year 2006:
(A) New budget authority, $331,181,000,000.
(B) Outlays, $330,944,000,000.
Fiscal year 2007:
(A) New budget authority, $371,875,000,000.
(B) Outlays, $372,167,000,000.
Fiscal year 2008:

[[Page 3640]]
119 STAT. 3640

(A) New budget authority, $395,312,000,000.
(B) Outlays, $395,364,000,000.
Fiscal year 2009:
(A) New budget authority, $420,234,000,000.
(B) Outlays, $419,828,000,000.
Fiscal year 2010:
(A) New budget authority, $448,111,000,000.
(B) Outlays, $448,442,000,000.
(13) Income Security (600):
Fiscal year 2005:
(A) New budget authority, $339,658,000,000.
(B) Outlays, $347,855,000,000.
Fiscal year 2006:
(A) New budget authority, $347,606,000,000.
(B) Outlays, $354,415,000,000.
Fiscal year 2007:
(A) New budget authority, $352,843,000,000.
(B) Outlays, $359,969,000,000.
Fiscal year 2008:
(A) New budget authority, $365,782,000,000.
(B) Outlays, $371,374,000,000.
Fiscal year 2009:
(A) New budget authority, $374,984,000,000.
(B) Outlays, $379,241,000,000.
Fiscal year 2010:
(A) New budget authority, $384,088,000,000.
(B) Outlays, $387,610,000,000.
(14) Social Security (650):
Fiscal year 2005:
(A) New budget authority, $15,849,000,000.
(B) Outlays, $15,849,000,000.
Fiscal year 2006:
(A) New budget authority, $15,991,000,000.
(B) Outlays, $15,991,000,000.
Fiscal year 2007:
(A) New budget authority, $17,804,000,000.
(B) Outlays, $17,804,000,000.
Fiscal year 2008:
(A) New budget authority, $19,868,000,000.
(B) Outlays, $19,868,000,000.
Fiscal year 2009:
(A) New budget authority, $21,843,000,000.
(B) Outlays, $21,843,000,000.
Fiscal year 2010:
(A) New budget authority, $24,129,000,000.
(B) Outlays, $24,129,000,000.
(15) Veterans Benefits and Services (700):
Fiscal year 2005:
(A) New budget authority, $69,448,000,000.
(B) Outlays, $68,873,000,000.
Fiscal year 2006:
(A) New budget authority, $68,994,000,000.
(B) Outlays, $68,365,000,000.
Fiscal year 2007:
(A) New budget authority, $66,434,000,000.
(B) Outlays, $66,168,000,000.
Fiscal year 2008:

[[Page 3641]]
119 STAT. 3641

(A) New budget authority, $69,561,000,000.
(B) Outlays, $69,387,000,000.
Fiscal year 2009:
(A) New budget authority, $70,074,000,000.
(B) Outlays, $69,791,000,000.
Fiscal year 2010:
(A) New budget authority, $70,172,000,000.
(B) Outlays, $69,900,000,000.
(16) Administration of Justice (750):
Fiscal year 2005:
(A) New budget authority, $39,731,000,000.
(B) Outlays, $39,440,000,000.
Fiscal year 2006:
(A) New budget authority, $40,984,000,000.
(B) Outlays, $42,382,000,000.
Fiscal year 2007:
(A) New budget authority, $41,531,000,000.
(B) Outlays, $42,593,000,000.
Fiscal year 2008:
(A) New budget authority, $42,172,000,000.
(B) Outlays, $42,791,000,000.
Fiscal year 2009:
(A) New budget authority, $42,743,000,000.
(B) Outlays, $42,920,000,000.
Fiscal year 2010:
(A) New budget authority, $43,001,000,000.
(B) Outlays, $42,944,000,000.
(17) General Government (800):
Fiscal year 2005:
(A) New budget authority, $16,765,000,000.
(B) Outlays, $17,673,000,000.
Fiscal year 2006:
(A) New budget authority, $17,909,000,000.
(B) Outlays, $18,398,000,000.
Fiscal year 2007:
(A) New budget authority, $17,829,000,000.
(B) Outlays, $17,758,000,000.
Fiscal year 2008:
(A) New budget authority, $17,285,000,000.
(B) Outlays, $17,289,000,000.
Fiscal year 2009:
(A) New budget authority, $17,140,000,000.
(B) Outlays, $16,956,000,000.
Fiscal year 2010:
(A) New budget authority, $16,733,000,000.
(B) Outlays, $16,580,000,000.
(18) Net Interest (900):
Fiscal year 2005:
(A) New budget authority, $267,982,000,000.
(B) Outlays, $267,982,000,000.
Fiscal year 2006:
(A) New budget authority, $310,774,000,000.
(B) Outlays, $310,774,000,000.
Fiscal year 2007:
(A) New budget authority, $360,512,000,000.
(B) Outlays, $360,512,000,000.
Fiscal year 2008:

[[Page 3642]]
119 STAT. 3642

(A) New budget authority, $398,347,000,000.
(B) Outlays, $398,347,000,000.
Fiscal year 2009:
(A) New budget authority, $427,735,000,000.
(B) Outlays, $427,735,000,000.
Fiscal year 2010:
(A) New budget authority, $455,167,000,000.
(B) Outlays, $455,167,000,000.
(19) Allowances (920):
Fiscal year 2005:
(A) New budget authority, $81,881,000,000.
(B) Outlays, $32,121,000,000.
Fiscal year 2006:
(A) New budget authority, $48,477,000,000.
(B) Outlays, $60,905,000,000.
Fiscal year 2007:
(A) New budget authority, -$4,076,000,000
(B) Outlays, $18,572,000,000.
Fiscal year 2008:
(A) New budget authority, -$7,670,000,000.
(B) Outlays, -$505,000,000.
Fiscal year 2009:
(A) New budget authority, -$8,352,000,000.
(B) Outlays, -$5,758,000,000.
Fiscal year 2010:
(A) New budget authority, -$9,294,000,000.
(B) Outlays, -$8,748,000,000.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 2005:
(A) New budget authority, -$54,104,000,000.
(B) Outlays, -$54,104,000,000.
Fiscal year 2006:
(A) New budget authority, -$55,362,000,000.
(B) Outlays, -$55,362,000,000.
Fiscal year 2007:
(A) New budget authority, -$63,263,000,000.
(B) Outlays, -$64,388,000,000.
Fiscal year 2008:
(A) New budget authority, -$65,480,000,000.
(B) Outlays, -$66,292,000,000.
Fiscal year 2009:
(A) New budget authority, -$60,876,000,000.
(B) Outlays, -$60,251,000,000.
Fiscal year 2010:
(A) New budget authority, -$63,447,000,000.
(B) Outlays, -$62,822,000,000.

TITLE II--RECONCILIATION AND REPORT SUBMISSIONS

SEC. 201. RECONCILIATION IN THE HOUSE OF REPRESENTATIVES.

(a) Submissions to Slow the Growth in Mandatory Spending.--(1) Not
later than September 16, 2005, the House committees named in paragraph
(2) shall submit their recommendations to the House Committee on the
Budget. After receiving those recommendations, the House Committee on
the Budget shall report

[[Page 3643]]
119 STAT. 3643

to the House a reconciliation bill carrying out all such recommendations
without any substantive revision.
(2) Instructions.--
(A) Committee on agriculture.--The House Committee on
Agriculture shall report changes in laws within its jurisdiction
sufficient to reduce the level of direct spending for that
committee by $173,000,000 in outlays for fiscal year 2006 and
$3,000,000,000 in outlays for the period of fiscal years 2006
through 2010.
(B) Committee on education and the workforce.--The House
Committee on Education and the Workforce shall report changes in
laws within its jurisdiction sufficient to reduce the level of
direct spending for that committee by $992,000,000 in outlays
for fiscal years 2005 and 2006 and $12,651,000,000 in outlays
for the period of fiscal years 2005 through 2010.
(C) Committee on energy and commerce.--The House Committee
on Energy and Commerce shall report changes in laws within its
jurisdiction sufficient to reduce the level of direct spending
for that committee by $2,000,000 in outlays for fiscal year 2006
and $14,734,000,000 in outlays for the period of fiscal years
2006 through 2010.
(D) Committee on financial services.--The House Committee on
Financial Services shall report changes in laws within its
jurisdiction sufficient to reduce the level of direct spending
for that committee by $30,000,000 in outlays for fiscal year
2006 and $470,000,000 in outlays for the period of fiscal years
2006 through 2010.
(E) Committee on the judiciary.--The House Committee on the
Judiciary shall report changes in laws within its jurisdiction
sufficient to reduce the level of direct spending for that
committee by $60,000,000 in outlays for fiscal year 2006 and
$300,000,000 in outlays for the period of fiscal years 2006
through 2010.
(F) Committee on resources.--The House Committee on
Resources shall report changes in laws within its jurisdiction
sufficient to reduce the level of direct spending for that
committee by $2,400,000,000 in outlays for the period of fiscal
years 2006 through 2010.
(G) Committee on transportation and infrastructure.--The
House Committee on Transportation and Infrastructure shall
report changes in laws within its jurisdiction sufficient to
reduce the level of direct spending for that committee by
$12,000,000 in outlays for fiscal year 2006 and $103,000,000 in
outlays for the period of fiscal years 2006 through 2010.
(H) Committee on ways and means.--The House Committee on
Ways and Means shall report changes in laws within its
jurisdiction sufficient to reduce the deficit by $250,000,000
for fiscal year 2006 and $1,000,000,000 for the period of fiscal
years 2006 through 2010.
(b) Submission Providing for Changes in Revenue.--The House
Committee on Ways and Means shall report to the House a reconciliation
bill not later than September 23, 2005, that consists of changes in laws
within its jurisdiction sufficient to reduce revenues by not more than
$11,000,000,000 for fiscal year 2006 and by not more than
$70,000,000,000 for the period of fiscal years 2006 through 2010.

[[Page 3644]]
119 STAT. 3644

(c) Increase in Statutory Debt Limit.--The Committee on Ways and
Means shall report to the House a reconciliation bill not later than
September 30, 2005, that consists solely of changes in laws within its
jurisdiction to increase the statutory debt limit by $781,000,000,000.
(d)(1) Upon the submission to the Committee on the Budget of the
House of a recommendation that has complied with its reconciliation
instructions solely by virtue of section 310(b) of the Congressional
Budget Act of 1974, the chairman of that committee may file with the
House appropriately revised allocations under section 302(a) of such Act
and revised functional levels and aggregates.
(2) Upon the submission to the House of a conference report
recommending a reconciliation bill or resolution in which a committee
has complied with its reconciliation instructions solely by virtue of
this section, the chairman of the Committee on the Budget of the House
may file with the House appropriately revised allocations under section
302(a) of such Act and revised functional levels and aggregates.
(3) Allocations and aggregates revised pursuant to this subsection
shall be considered to be allocations and aggregates established by the
concurrent resolution on the budget pursuant to section 301 of such Act.

SEC. 202. RECONCILIATION IN THE SENATE.

(a) Spending Reconciliation Instructions.--In the Senate, by
September 16, 2005, the committees named in this section shall submit
their recommendations to the Committee on the Budget. After receiving
those recommendations, the Committee on the Budget shall report to the
Senate a reconciliation bill carrying out all such recommendations
without any substantive revision.
(1) Committee on agriculture, nutrition, and forestry.--The
Senate Committee on Agriculture, Nutrition, and Forestry shall
report changes in laws within its jurisdiction sufficient to
reduce outlays by $173,000,000 in fiscal year 2006, and
$3,000,000,000 for the period of fiscal years 2006 through 2010.
(2) Committee on banking, housing, and urban affairs.--The
Senate Committee on Banking, Housing, and Urban Affairs shall
report changes in laws within its jurisdiction sufficient to
reduce outlays by $30,000,000 in fiscal year 2006, and
$470,000,000 for the period of fiscal years 2006 through 2010.
(3) Committee on commerce, science, and transportation.--The
Senate Committee on Commerce, Science, and Transportation shall
report changes in laws within its jurisdiction sufficient to
reduce outlays by $10,000,000 in fiscal year 2006, and
$4,810,000,000 for the period of fiscal years 2006 through 2010.
(4) Committee on energy and natural resources.--The Senate
Committee on Energy and Natural Resources shall report changes
in laws within its jurisdiction sufficient to reduce outlays by
$2,400,000,000 for the period of fiscal years 2006 through 2010.
(5) Committee on environment and public works.--The Senate
Committee on Environment and Public Works shall report changes
in laws within its jurisdiction sufficient to

[[Page 3645]]
119 STAT. 3645

reduce outlays by $4,000,000 in fiscal year 2006, and
$27,000,000 for the period of fiscal years 2006 through 2010.
(6) Committee on finance.--The Senate Committee on Finance
shall report changes in laws within its jurisdiction sufficient
to reduce outlays by $10,000,000,000 for the period of fiscal
years 2006 through 2010.
(7) Committee on health, education, labor, and pensions.--
The Senate Committee on Health, Education, Labor, and Pensions
shall report changes in laws within its jurisdiction sufficient
to reduce outlays by $1,242,000,000 in fiscal years 2005 and
2006, and $13,651,000,000 for the period of fiscal years 2005
through 2010.
(8) Committee on the judiciary.--The Senate Committee on the
Judiciary shall report changes in laws within its jurisdiction
sufficient to reduce outlays by $60,000,000 in fiscal year 2006,
and $300,000,000 for the period of fiscal years 2006 through
2010.
(b) Revenue Reconciliation Instructions.--The Committee on Finance
shall report to the Senate a reconciliation bill not later than
September 23, 2005 that consists of changes in laws within its
jurisdiction sufficient to reduce the total level of revenues by not
more than: $11,000,000,000 for fiscal year 2006, and $70,000,000,000 for
the period of fiscal years 2006 through 2010.
(c) Increase in Statutory Debt Limit.--The Committee on Finance
shall report to the Senate a reconciliation bill not later than
September 30, 2005, that consists solely of changes in laws within its
jurisdiction to increase the statutory debt limit by $781,000,000,000.

TITLE III--RESERVE FUNDS

SEC. 301. ADJUSTMENT FOR SURFACE TRANSPORTATION.

(a) In General.--If the Committee on Transportation and
Infrastructure of the House or the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs, or the
Committee on Commerce, Science, and Transportation of the Senate reports
a bill or joint resolution, or an amendment is offered thereto or a
conference report is submitted thereon, that provides new budget
authority for the budget accounts or portions thereof, for programs,
projects, and activities for highways, highway safety, and transit in
excess of--
(1) for fiscal year 2005, $46,094,000,000; or
(2) for fiscal year 2006, $47,008,000,000; or
(3) for fiscal years 2005 through 2009, $230,769,000,000;

the appropriate chairman of the Committee on the Budget may make the
appropriate adjustments in allocations and aggregates and increase the
allocation of new budget authority to such committees in amounts equal
to the program increases proposed by the committee or committees of
jurisdiction for fiscal years 2005 and 2006 and for the period of fiscal
years 2005 through 2009. Adjustments shall be made only to the extent
such excess is offset by a reduction in mandatory outlays from the
highway trust fund or an increase in receipts that are appropriated to
such fund for the applicable fiscal year caused by such legislation. In
the Senate, any increase in receipts shall be reported by the Committee
on Finance.

[[Page 3646]]
119 STAT. 3646

(b) Adjustment for Outlays.--In the House and the Senate, for fiscal
year 2006, and, as necessary, in subsequent fiscal years, if a bill or
joint resolution is reported, or if an amendment is offered thereto or a
conference report is submitted thereon, that changes obligation
limitations such that the total limitations are in excess of
$44,193,000,000 for fiscal year 2006, for programs, projects, and
activities for highways, highway safety, and transit, and if legislation
has been enacted that satisfies the conditions set forth in subsection
(a) for such fiscal year, the appropriate chairman of the Committee on
the Budget may increase the allocation of outlays and appropriate
aggregates for such fiscal year, and, as necessary, in subsequent fiscal
years, for the committees reporting such measures, by the amount of
outlays that corresponds to such excess obligation limitations, but not
to exceed the amount of such excess that was offset in 2006 pursuant to
subsection (a). After the adjustment has been made, the Senate Committee
on Appropriations shall report new section 302(b) allocations consistent
with this section.

SEC. 302. RESERVE FUND FOR THE FAMILY OPPORTUNITY ACT.

If the Committee on Energy and Commerce of the House or the
Committee on Finance of the Senate reports a bill or joint resolution or
an amendment is offered thereto or a conference report is submitted
thereon, that provides families of disabled children with the
opportunity to purchase coverage under the medicaid coverage for such
children (the Family Opportunity Act), and provided that, in the Senate,
the committee is within its allocation as provided under section 302(a)
of the Congressional Budget Act of 1974, the appropriate chairman of the
Committee on the Budget may make the appropriate adjustments in
allocations and aggregates to the extent that such legislation would not
increase the deficit for fiscal year 2006 and for the period of fiscal
years 2006 through 2010.

SEC. 303. RESERVE FUND FOR THE FEDERAL PELL GRANT PROGRAM.

If the appropriate committee of the House or Senate reports a bill
or joint resolution, or an amendment is offered thereto or a conference
report is submitted thereon, that eliminates the accumulated shortfall
of budget authority resulting from insufficient appropriations of
discretionary new budget authority previously enacted for the Federal
Pell Grant Program for awards made through the award year 2005-2006,
provided that, in the Senate the committee is within its allocation as
provided under section 302(a) of the Congressional Budget Act of 1974,
or in the House the measure would not increase the deficit, the
appropriate chairman of the Committee on the Budget may make the
appropriate adjustments in allocations and aggregates by the amount
provided by that measure for that purpose, but not to exceed
$4,300,000,000 in new budget authority for the fiscal year 2006.

SEC. 304. RESERVE FUND FOR THE UNINSURED.

If the Committee on Finance or the Committee on Health, Education,
Labor, and Pensions of the Senate or the Committee on Energy and
Commerce of the House reports a bill or joint resolution, or an
amendment is offered thereto or a conference report is submitted
thereon, that--
(1) addresses health care costs, coverage, or care for the
uninsured;

[[Page 3647]]
119 STAT. 3647

(2)(A) provides safety net access to integrated and other
health care services; or
(B) increases the number of people with health insurance,
provided that such increase is not obtained primarily as a
result of increasing premiums for the currently insured; and
(3) increases access to coverage through mechanisms that
decrease the growth of health care costs, and may include tax-
and market-based measures (such as tax credits, deductibility,
regulatory reforms, consumer-directed initiatives, and other
measures targeted to key segments of the uninsured, such as
individuals without employer-sponsored coverage and college
students and recent graduates),

provided that, in the Senate, the committee is within its allocation as
provided under section 302(a) of the Congressional Budget Act of 1974,
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2006 and for
the period of fiscal years 2006 through 2010.

SEC. 305. RESERVE FUND FOR THE DISPOSAL OF UNDERUTILIZED FEDERAL REAL
PROPERTY.

If the Committee on Government Reform of the House reports a bill or
joint resolution, or an amendment is offered thereto or a conference
report is submitted thereon, that enhances the Government's real
property disposal authority and generates discretionary savings, the
chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates by the amount provided by that
measure for that purpose, but not to exceed $50,000,000 in new budget
authority and outlays flowing therefrom for fiscal year 2006, and
$50,000,000 in new budget authority and outlays flowing therefrom for
the period of fiscal years 2006 through 2010.

SEC. 306. RESERVE FUND FOR HEALTH INFORMATION TECHNOLOGY AND PAY-FOR-
PERFORMANCE.

In the Senate, if the Committee on Finance or the Committee on
Health, Education, Labor, and Pensions reports a bill or joint
resolution, or if an amendment is offered thereto or if a conference
report is submitted thereon, that--
(1) provides incentives or other support for adoption of
modern information technology to improve quality in health care;
and
(2) provides for performance-based payments that are based
on accepted clinical performance measures that improve the
quality in health care;

provided that the committee is within its allocation as provided under
section 302(a) of the Congressional Budget Act of 1974, the chairman of
the Committee on the Budget may make the appropriate adjustments in
allocations and aggregates to the extent that such legislation would not
increase the deficit for the period of fiscal years 2006 through 2010.

SEC. 307. RESERVE FUND FOR ASBESTOS INJURY TRUST FUND.

In the Senate, if the Committee on Judiciary reports legislation, or
if an amendment is offered thereto or a conference report is submitted
thereon, that--
(1) provides monetary compensation to impaired victims of
asbestos-related disease who can establish that asbestos

[[Page 3648]]
119 STAT. 3648

exposure is a substantial contributing factor in causing their
condition;
(2) does not provide monetary compensation to the unimpaired
claimants or those suffering from a disease who cannot establish
that asbestos exposure was a substantial contributing factor in
causing their condition; and
(3) is estimated to remain funded from nontaxpayer sources
for the life of the fund; and

assuming the committee is within its allocation as provided under
section 302(a) of the Congressional Budget Act of 1974, the chairman of
the Committee on the Budget may make the appropriate adjustments in
allocations and aggregates to the extent that such legislation would not
increase the deficit for the period of fiscal years 2006 through 2056.

SEC. 308. RESERVE FUND FOR ENERGY LEGISLATION.

If a bill or joint resolution is reported, or an amendment is
offered thereto or a conference report is submitted thereon, within the
jurisdiction of the Committee on Energy and Natural Resources of the
Senate, that provides for a national energy policy, provided that the
committee is within its allocation as provided under section 302(a) of
the Congressional Budget Act of 1974, the chairman of the Committee on
the Budget may make the appropriate adjustments in allocations and
aggregates by the amount provided by that measure for that purpose, but
not to exceed $100,000,000 in new budget authority for fiscal year 2006
and the outlays flowing from that budget authority and $2,000,000,000 in
new budget authority for the period of fiscal years 2006 through 2010
and the outlays flowing from that budget authority.

SEC. 309. RESERVE FUND FOR THE SAFE IMPORTATION OF PRESCRIPTION DRUGS.

If the Committee on Health, Education, Labor, and Pensions of the
Senate reports a bill or joint resolution, or an amendment is offered
thereto or a conference report is submitted thereon, that permits the
safe importation of prescription drugs approved by the Food and Drug
Administration from specified countries with strong safety laws, and
provided that the committee is within its allocation as provided under
section 302(a) of the Congressional Budget Act of 1974, the chairman of
the Committee on the Budget may make the appropriate adjustments in
allocations and aggregates to the extent that such legislation would not
increase the deficit for fiscal year 2006 and for the period of fiscal
years 2006 through 2010.

SEC. 310. RESERVE FUND FOR THE RESTORATION OF SCHIP FUNDS.

If the Committee on Finance of the Senate reports a bill or joint
resolution, or an amendment is offered thereto or a conference report is
submitted thereon, that provides for the restoration of unexpended funds
under the State Children's Health Insurance Program that reverted to the
Treasury on October 1, 2004, and that may provide for the redistribution
of such funds for outreach and enrollment as well as for coverage
initiatives and provided that the committee is within its allocation as
provided under section 302(a) of the Congressional Budget Act of 1974,
the chairman

[[Page 3649]]
119 STAT. 3649

of the Committee on the Budget may make the appropriate adjustments in
allocations and aggregates to the extent that such legislation would not
increase the deficit for fiscal year 2006 and for the period of fiscal
years 2006 through 2010.

TITLE IV--BUDGET ENFORCEMENT

SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS.

(a) In the House.--(1)(A) In the House, except as provided in
paragraph (2), an advance appropriation may not be reported in a bill or
joint resolution making a general appropriation or continuing
appropriation, and may not be in order as an amendment thereto.
(B) Managers on the part of the House may not agree to a Senate
amendment that would violate subparagraph (A) unless specific authority
to agree to the amendment first is given by the House by a separate vote
with respect thereto.
(2) In the House, an advance appropriation may be provided for
fiscal year 2007 or 2008 for programs, projects, activities or accounts
identified in the joint explanatory statement of managers accompanying
this resolution under the heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to exceed $23,158,000,000 in
new budget authority.
(3) In this subsection, the term ``advance appropriation'' means any
new budget authority provided in a bill or joint resolution making
general appropriations or any new budget authority provided in a bill or
joint resolution continuing appropriations for fiscal year 2006 that
first becomes available for any fiscal year after 2006.
(b) In the Senate.--(1) Except as provided in paragraph (2), it
shall not be in order in the Senate to consider any bill, joint
resolution, motion, amendment, or conference report that would provide
an advance appropriation.
(2) An advance appropriation may be provided for the fiscal years
2007 and 2008 for programs, projects, activities, or accounts identified
in the joint explanatory statement of managers accompanying this
resolution under the heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to exceed $23,158,000,000 in
new budget authority in each year.
(3)(A) In the Senate, paragraph (1) may be waived or suspended only
by an affirmative vote of three-fifths of the Members, duly chosen and
sworn. An affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised under paragraph (1).
(B) A point of order under paragraph (1) may be raised by a Senator
as provided in section 313(e) of the Congressional Budget Act of 1974.
(C) If a point of order is sustained under paragraph (1) against a
conference report in the Senate, the report shall be disposed of as
provided in section 313(d) of the Congressional Budget Act of 1974.
(4) In this subsection, the term ``advance appropriation'' means any
new budget authority provided in a bill or joint resolution making
general appropriations or continuing appropriations for fiscal year 2006
that first becomes available for any fiscal year

[[Page 3650]]
119 STAT. 3650

after 2006, or any new budget authority provided in a bill or joint
resolution making general appropriations or continuing appropriations
for fiscal year 2007, that first becomes available for any fiscal year
after 2007.

SEC. 402. EMERGENCY LEGISLATION.

(a) In the House.--
(1) Exemption of overseas contingency operations.--(A) In
the House, if any bill or joint resolution is reported, or an
amendment is offered thereto or a conference report is filed
thereon, that makes supplemental appropriations for fiscal year
2005 or fiscal year 2006 for contingency operations related to
the global war on terrorism, then the new budget authority, new
entitlement authority, outlays, and receipts resulting therefrom
shall not count for purposes of sections 302, 303, 311, as
appropriate, and 401 of the Congressional Budget Act of 1974 for
the provisions of such measure that are designated pursuant to
this subsection as making appropriations for such contingency
operations.
(B) Amounts included in this resolution for the purpose set
forth in subparagraph (A) shall be considered to be current law
for purposes of the preparation of the current level of budget
authority and outlays and the appropriate levels shall be
adjusted upon the enactment of such bill.
(2) Exemption of emergency provisions.--In the House, if a
bill or joint resolution is reported, or an amendment is offered
thereto or a conference report is filed thereon, that designates
a provision as an emergency requirement pursuant to this
subsection, then the new budget authority, new entitlement
authority, outlays, and receipts resulting therefrom shall not
count for purposes of sections 302, 303, 311, as appropriate,
and 401 of the Congressional Budget Act of 1974.
(3) Designations.--In the House, if a provision of
legislation is designated as an emergency requirement under this
subsection, the committee report and any statement of managers
accompanying that legislation shall include an explanation of
the manner in which the provision meets the criteria in
subsection (c). If such legislation is to be considered by the
House without being reported, then the committee shall cause the
explanation to be published in the Congressional Record in
advance of floor consideration.
(b) In the Senate.--
(1) Authority to designate.--With respect to a provision of
direct spending or receipts legislation or appropriations for
discretionary accounts that the Congress designates as an
emergency requirement in such measure, the amounts of new budget
authority, outlays, and receipts in all fiscal years resulting
from that provision shall be treated as an emergency requirement
for the purpose of this subsection.
(2) Exemption of emergency provisions.--Any new budget
authority, outlays, and receipts resulting from any provision
designated as an emergency requirement, pursuant to this
subsection, in any bill, joint resolution, amendment, or
conference report shall not count for purposes of sections 302
and 311 of the Congressional Budget Act of 1974 and section 404
of this resolution (relating to discretionary spending limits in
the Senate) and section 505 of the Concurrent Resolution

[[Page 3651]]
119 STAT. 3651

on the Budget for Fiscal Year 2004, H. Con. Res. 95 (relating to
the paygo requirement in the Senate).
(3) Designations.--If a provision of legislation is
designated as an emergency requirement under this subsection,
the committee report and any statement of managers accompanying
that legislation shall include an explanation of the manner in
which the provision meets the criteria in subsection (c).
(4) Definitions.--In this subsection, the terms ``direct
spending'', ``receipts'', and ``appropriations for discretionary
accounts'' means any provision of a bill, joint resolution,
amendment, motion, or conference report that affects direct
spending, receipts, or appropriations as those terms have been
defined and interpreted for purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(5) Point of order.--When the Senate is considering a bill,
resolution, amendment, motion, or conference report, if a point
of order is made by a Senator against an emergency designation
in that measure, that provision making such a designation shall
be stricken from the measure and may not be offered as an
amendment from the floor.
(6) Waiver and appeal.--Paragraph (5) may be waived or
suspended in the Senate only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn. Appeals in the
Senate from the decisions of the Chair relating to any provision
of this subsection shall be limited to 1 hour, to be equally
divided between, and controlled by, the appellant and the
manager of the bill or joint resolution, as the case may be. An
affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised under this
subsection.
(7) Definition of an emergency designation.--For purposes of
paragraph (5), a provision shall be considered an emergency
designation if it designates any item as an emergency
requirement pursuant to this subsection.
(8) Form of the point of order.--A point of order under
paragraph (5) may be raised by a Senator as provided in section
313(e) of the Congressional Budget Act of 1974.
(9) Conference reports.--If a point of order is sustained
under paragraph (5) against a conference report, the report
shall be disposed of as provided in section 313(d) of the
Congressional Budget Act of 1974.
(10) Exception for defense spending.--Paragraph (5) shall
not apply against an emergency designation for a provision
making discretionary appropriations under the defense function
(050).
(11) Exemption of Overseas Contingent Operations.--
(A) In general.--In the Senate, if a bill, joint
resolution, amendment, or a conference report makes
supplemental appropriations for fiscal year 2006 for
overseas contingency operations related to the global
war on terrorism, then the new budget authority, new
entitlement authority, and outlays resulting from the
provisions of such measure that are designated pursuant
to this subsection as making appropriations for such
contingency operations--

[[Page 3652]]
119 STAT. 3652

(i) shall not count for purposes of sections
302 and 311 of the Congressional Budget Act of
1974; and
(ii) shall not count for the purpose of
section 404 of this resolution (relating to
discretionary spending limits in the Senate) and
section 505 of the Concurrent Resolution on the
Budget for Fiscal Year 2004, H. Con. Res. 95
(relating to the pay-go requirement).
(B) Limitation.--The amounts that are not counted
for purposes of this subsection shall not exceed
$50,000,000,000 in new budget authority and outlays
associated with the budget authority.
(c) Criteria.--
(1) In general.--For purposes of this section, any provision
is an emergency requirement if the situation addressed by such
provision is--
(A) necessary, essential, or vital (not merely
useful or beneficial);
(B) sudden, quickly coming into being, and not
building up over time;
(C) an urgent, pressing, and compelling need
requiring immediate action;
(D) subject to paragraph (2), unforeseen,
unpredictable, and unanticipated; and
(E) not permanent, temporary in nature.
(2) Unforeseen.--An emergency that is part of an aggregate
level of anticipated emergencies, particularly when normally
estimated in advance, is not unforeseen.

SEC. 403. EXTENSION OF SENATE ENFORCEMENT.

(a) Extension.--Notwithstanding any provision of the Congressional
Budget Act of 1974, subsections (c)(2) and (d)(3) of section 904 of the
Congressional Budget Act of 1974 shall remain in effect for purposes of
Senate enforcement through September 30, 2010.
(b) In General.--
(1) Unfunded mandates.--Section 425(a)(1) and (2) of the
Congressional Budget Act of 1974 shall be subject to the waiver
and appeal requirements of subsections (c)(2) and (d)(3) of
section 904 of the Congressional Budget Act of 1974.
(2) Consideration of budget legislation.--Section 303 of the
Congressional Budget Act of 1974 shall be subject to the waiver
and appeal requirements of subsections (c)(2) and (d)(3) of
section 904 of the Congressional Budget Act of 1974. For the
purpose of Section 303, the year covered by the resolution shall
be construed as the upcoming fiscal year only.
(3) Application to reconciliation.--This subsection shall
not apply to any legislation reported pursuant to reconciliation
directions contained in a concurrent resolution on the budget.
(4) Effective date.--This subsection shall remain in effect
for purposes of Senate enforcement through September 30, 2010.

SEC. 404. DISCRETIONARY SPENDING LIMITS IN THE SENATE.

(a) Discretionary Spending Limits.--In the Senate and as used in
this section, the term ``discretionary spending limit'' means--
(1) for fiscal year 2006, $842,265,000,000 in new budget
authority and $916,081,000,000 in outlays for the discretionary
category;

[[Page 3653]]
119 STAT. 3653

(2) for fiscal year 2007, $866,038,000,000 in new budget
authority for the discretionary category; and
(3) for fiscal year 2008, $887,005,000,000 in new budget
authority for the discretionary category;

as adjusted in conformance with the adjustment procedures in subsection
(d).
(b) Adjustments to Discretionary Spending Limits.--
(1) Continuing disability reviews.--If a bill or joint
resolution is reported making appropriations for fiscal year
2006 that appropriates $412,000,000 for continuing disability
reviews for the Social Security Administration, and provides an
additional appropriation of $189,000,000 for continuing
disability reviews for the Social Security Administration, then
the allocation to the Senate Committee on Appropriations shall
be increased by $189,000,000 in budget authority and outlays
flowing from the budget authority for fiscal year 2006.
(2) Internal revenue service tax enforcement.--If a bill or
joint resolution is reported making appropriations for fiscal
year 2006 that appropriates $6,447,000,000 for enhanced tax
enforcement to address the ``Federal tax gap'' for the Internal
Revenue Service, and provides an additional appropriation of
$446,000,000 for enhanced tax enforcement to address the
``Federal tax gap'' for the Internal Revenue Service, then the
allocation to the Senate Committee on Appropriations shall be
increased by $446,000,000 in budget authority and outlays
flowing from the budget authority for fiscal year 2006.
(3) Health care fraud and abuse control program.--If a bill
or joint resolution is reported making appropriations for fiscal
year 2006 that appropriates $80,000,000 to the health care fraud
and abuse control program at the Department of Health and Human
Services, then the allocation to the Senate Committee on
Appropriations shall be increased by $80,000,000 in budget
authority and outlays flowing from the budget authority for
fiscal year 2006.
(4) Unemployment insurance improper payments.--If a bill or
joint resolution is reported making appropriations for fiscal
year 2006 that appropriates $10,000,000 for unemployment
insurance improper payments reviews for the Department of Labor,
and provides an additional appropriation of $40,000,000 for
unemployment insurance improper payments reviews for the
Department of Labor, then the allocation to the Senate Committee
on Appropriations shall be increased by $40,000,000 in budget
authority and outlays flowing from the budget authority for
fiscal year 2006.
(c) 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 joint resolution (or amendment, motion, or
conference report on that bill or joint resolution) that would
cause the discretionary spending limits in this section to be
exceeded.
(2) Waiver.--This subsection may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(3) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection shall be
limited to 1 hour, to be equally divided between, and controlled
by, the appellant and the manager of the bill or joint

[[Page 3654]]
119 STAT. 3654

resolution, as the case may be. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn,
shall be required to sustain an appeal of the ruling of the
Chair on a point of order raised under this subsection.
(d) Procedure for Adjustments.--
(1) In general.--
(A) Chairman.--After the reporting of a bill or
joint resolution, or the offering of an amendment
thereto or the submission of a conference report
thereon, the chairman of the Committee on the Budget may
make the adjustments set forth in subparagraph (B) for
the amount of new budget authority in that measure (if
that measure meets the requirements set forth in
paragraph (2)) and the outlays flowing from that budget
authority.
(B) Matters to be adjusted.--The adjustments
referred to in subparagraph (A) are to be made to--
(i) the discretionary spending limits, if any,
set forth in the appropriate concurrent resolution
on the budget;
(ii) the allocations made pursuant to the
appropriate concurrent resolution on the budget
pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(iii) the budgetary aggregates as set forth in
the appropriate concurrent resolution on the
budget.
(2) Amounts of adjustments.--The adjustment referred to in
paragraph (1) shall be an amount provided for the fiscal year
2006 pursuant to subsection (b).
(3) Reporting revised suballocations.--Following any
adjustment made under paragraph (1), the Committee on
Appropriations of the Senate shall report appropriately revised
suballocations under section 302(b) of the Congressional Budget
Act of 1974 to carry out this subsection.

SEC. 405. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES.

(a) Application.--Any adjustments of allocations and aggregates made
pursuant to this resolution shall--
(1) apply while that measure is under consideration;
(2) take effect upon the enactment of that measure; and
(3) be published in the Congressional Record as soon as
practicable.
(b) Effect of Changed Allocations and Aggregates.--Revised
allocations and aggregates resulting from these adjustments shall be
considered for the purposes of the Congressional Budget Act of 1974 as
allocations and aggregates contained in this resolution.
(c) Budget Committee Determinations.--For purposes of this
resolution--
(1) the levels of new budget authority, outlays, direct
spending, new entitlement authority, revenues, deficits, and
surpluses for a fiscal year or period of fiscal years shall be
determined on the basis of estimates made by the appropriate
Committee on the Budget; and
(2) such chairman may make any other necessary adjustments
to such levels, including adjustments necessary, and in the
House separate allocations, to reflect the timing of

[[Page 3655]]
119 STAT. 3655

responses to reconciliation directives pursuant to sections 201
and 202 of this resolution.

SEC. 406. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.

(a) In General.--Upon the enactment of a bill or joint resolution
providing for a change in concepts or definitions, the appropriate
chairman of the Committee on the Budget shall make adjustments to the
levels and allocations in this resolution in accordance with section
251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985
(as in effect prior to September 30, 2002).
(b) Pell Grants.--
(1) Budget authority.--If appropriations of discretionary
new budget authority enacted for the Federal Pell Grant Program
are insufficient to cover the full cost of Pell Grants in the
upcoming award year, adjusted for any cumulative funding surplus
or shortfall from prior years, the budget authority counted
against the bill for the Pell Grant Program shall be equal to
the adjusted full cost.
(2) Application.--This subsection shall apply only to new
Pell Grant awards approved in legislation for award year 2006-
2007 and subsequent award years and shall not apply to the
cumulative shortfall through award year 2005-2006.
(3) Estimates.--The estimate of the budget authority
associated with the full cost of Pell Grants shall be based on
the maximum award and any changes in eligibility requirements,
using current economic and technical assumptions and as
determined pursuant to scorekeeping guidelines, if any.

SEC. 407. LIMITATION ON LONG-TERM SPENDING PROPOSALS.

(a) Congressional Budget Office Analysis of Proposals.--The Director
of the Congressional Budget Office shall, to the extent practicable,
prepare for each bill or joint resolution reported from committee
(except measures within the jurisdiction of the Committee on
Appropriations), or amendments thereto or conference reports thereon, an
estimate of whether the measure would cause, relative to current law, a
net increase in direct spending in excess of $5 billion in any of the
four 10-year periods beginning in fiscal year 2016 through fiscal year
2055.
(b) Point of Order.--In the Senate, it shall not be in order to
consider any bill, joint resolution, amendment, motion, or conference
report that would cause a net increase in direct spending in excess of
$5 billion in any of the four 10-year periods beginning in 2016 through
2055.
(c) Waiver.--This section may be waived or suspended only by the
affirmative vote of three-fifths of the Members, duly chosen and sworn.
(d) Appeals.--An affirmative vote of three-fifths of the Members,
duly chosen and sworn, shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised under this section.
(e) Determinations of Budget Levels.--For purposes of this section,
the levels of net direct spending shall be determined on the basis of
estimates provided by the Committee on the Budget of the Senate.
(f) Application to Reconciliation.--This section shall not apply to
any legislation reported pursuant to reconciliation directions contained
in a concurrent resolution on the budget.

[[Page 3656]]
119 STAT. 3656

(g) Sunset.--This section shall expire on September 30, 2010.

SEC. 408. COMPLIANCE WITH SECTION 13301 OF THE BUDGET ENFORCEMENT ACT OF
1990.

(a) In General.--In the House and the Senate, notwithstanding
section 302(a)(1) of the Congressional Budget Act of 1974 and section
13301 of the Budget Enforcement Act of 1990, the joint explanatory
statement accompanying the conference report on any concurrent
resolution on the budget shall include in its allocation under section
302(a) of the Congressional Budget Act of 1974 to the Committee on
Appropriations amounts for the discretionary administrative expenses of
the Social Security Administration.
(b) Special Rule.--In the House, for purposes of applying section
302(f) of the Congressional Budget Act of 1974, estimates of the level
of total new budget authority and total outlays provided by a measure
shall include any discretionary amounts provided for the Social Security
Administration.

SEC. 409. EXERCISE OF RULEMAKING POWERS.

Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate and
the House, respectively, and as such they shall be considered as
part of the rules of each House, 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 those rules (so far as they relate to
that house) at any time, in the same manner, and to the same
extent as in the case of any other rule of that House.

SEC. 410. TREATMENT OF ALLOCATIONS IN THE HOUSE.

(a) In General.--In the House, the Committee on Appropriations may
make a separate suballocation for appropriations for the legislative
branch for the first fiscal year of this resolution. Such suballocation
shall be deemed to be made under section 302(b) of the Congressional
Budget Act of 1974 and shall be treated as such a suballocation for all
purposes under section 302 of such Act.
(b) Display of Committee Allocations.--An allocation to a committee
under section 302(a) of the Congressional Budget Act of 1974 may display
an amount to reflect a committee's instruction under the reconciliation
process, but it shall not constitute an allocation within the meaning of
section 302 of such Act. Changes in levels of direct spending achieved
in a reconciliation bill submitted pursuant to title II of this
resolution shall not be included in current levels of new budget
authority and outlays for purposes of enforcing an allocation under
302(a) of such Act.

SEC. 411. SPECIAL PROCEDURES TO ACHIEVE SAVINGS IN MANDATORY SPENDING
THROUGH FY2014.

(a) Sense of Congress.--The Congress finds that--
(1) the share of the budget consumed by mandatory spending
has been growing since the mid-1970s, and now is about 54
percent;
(2) this portion of the budget is continuing to grow,
crowding out other priorities and threatening overall budget
control;

[[Page 3657]]
119 STAT. 3657

(3) mandatory spending is intrinsically difficult to
control;
(4) these programs are subject to a variety of factors
outside the control of Congress, such as demographics, economic
conditions, and medical prices;
(5) Congress should make an effort at least every other
year, to review mandatory spending;
(6) the reconciliation process set forth in the
Congressional Budget Act of 1974 is a viable tool to reduce the
rate of growth in mandatory spending; and
(7) concurrent resolutions on the budget for fiscal years
2007 through 2010 should include reconciliation instructions to
committees, every other year, pursuant to section 310(a) of the
Congressional Budget Act of 1974 to achieve significant savings
in mandatory spending.

TITLE V--SENSE OF THE SENATE

SEC. 501. SENSE OF THE SENATE REGARDING UNAUTHORIZED APPROPRIATIONS.

It is the sense of the Senate that Congress should--
(1) preclude consideration of any bill, joint resolution,
motion, amendment, or conference report that would provide an
appropriation, in whole or in part, for programs not
specifically authorized by law or Treaty stipulation, or the
amount of which exceeds the amount specifically authorized by
law or Treaty stipulation, or that would provide a limited tax
benefit as defined by the Line Item Veto Act of 1996 (Public Law
104-130); and
(2) determine a method for effectively containing the
extraordinary growth in unauthorized earmarks.

SEC. 502. SENSE OF THE SENATE REGARDING A COMMISSION TO REVIEW THE
PERFORMANCE OF PROGRAMS.

It is the sense of the Senate that a commission should be
established to review Federal agencies, and programs within such
agencies, including an assessment of programs on an accrual basis, and
legislation to implement those recommendations, with the express purpose
of providing Congress with recommendations, to realign or eliminate
Government agencies and programs that are wasteful, duplicative,
inefficient, outdated, irrelevant, or have failed to accomplish their
intended purpose.

SEC. 503. SENSE OF THE SENATE REGARDING TRICARE.

It is the sense of the Senate that Congress should provide
sufficient funding to the Department of Defense to offer members of the
Reserve Component continuous access to TRICARE, for a premium,
regardless of their activation status.

SEC. 504. SENSE OF THE SENATE REGARDING TRIBAL COLLEGES AND
UNIVERSITIES.

It is the sense of the Senate that--
(1) this resolution recognizes the funding challenges faced
by tribal colleges and universities, and assumes that equitable
consideration will be provided to them through funding of the
Tribally Controlled College or University Assistance Act, the
Equity in Educational Land Grant Status Act, title III of the
Higher Education Act of 1965, and the National Science

[[Page 3658]]
119 STAT. 3658

Foundation, Department of Defense, and Housing and Urban
Development Tribal College and University Programs; and
(2) such equitable consideration reflects the intent of
Congress to continue to work toward statutory Federal funding
authorization goals for tribal colleges and universities.

SEC. 505. SENSE OF THE SENATE REGARDING SOCIAL SECURITY RESTRUCTURING.

It is the sense of the Senate that--
(1) the President, the Congress, and the American people
including seniors, workers, women, minorities, and disabled
persons should work together at the earliest opportunity to
enact legislation to achieve a solvent and permanently
sustainable Social Security system;
(2) Social Security reform must--
(A) protect current and near retirees from any
changes to Social Security benefits;
(B) reduce the pressure on future taxpayers and on
other budgetary priorities;
(C) provide benefit levels that adequately reflect
individual contributions to the Social Security system;
and
(D) preserve and strengthen the safety net for
vulnerable populations including the disabled and
survivors.

SEC. 506. SENSE OF THE SENATE REGARDING FUNDING FOR SUBSONIC AND
HYPERSONIC AERONAUTICS RESEARCH BY THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION.

It is the sense of the Senate that--
(1) the level of funding provided for the Aeronautics
Mission Directorate within the National Aeronautics and Space
Administration should be increased by $1,582,700,000 between
fiscal year 2006 and fiscal year 2010; and
(2) the increases provided should be applied to the Vehicle
Systems portion of the Aeronautics Mission Directorate budget
for use in subsonic and hypersonic aeronautical research.

SEC. 507. SENSE OF THE SENATE REGARDING THE ACQUISITION OF THE NEXT
GENERATION DESTROYER (DDX).

(a) Sense of the Senate.--It is the sense of the Senate that--
(1) it is ill-advised for the Department of Defense to
pursue a winner-take-all strategy for the acquisition of
destroyers under the next generation destroyer (DDX) program;
and
(2) the amounts identified in this resolution assume that
the Department of Defense will not acquire any destroyer under
the next generation destroyer program through a winner-take-all
strategy.
(b) Winner-Take-All Strategy Defined.--In this section, the term
``winner-take-all strategy'', with respect to the acquisition of
destroyers under the next generation destroyer program, means the
acquisition (including design and construction) of such destroyers
through a single shipyard.

Agreed to April 28, 2005.