H. Con. Res. 95—13
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
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 PEN-
SIONS.—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 jurisdic-
tion 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 Transpor-
tation of the Senate reports a bill or joint resolution, or an amend-
ment 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
H. Con. Res. 95—14
and increase the allocation of new budget authority to such commit-
tees 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. Adjust-
ments 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.
(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 alloca-
tion 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 con-
sistent 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 chil-
dren with the opportunity to purchase coverage under the medicaid
coverage for such children (the Family Opportunity Act), and pro-
vided 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 aggre-
gates 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 chair-
man of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates by the amount provided
H. Con. Res. 95—15
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;
(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, deduct-
ibility, 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 Govern-
ment’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,
H. Con. Res. 95—16
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
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 chair-
man 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 adjust-
ments 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 PRESCRIP-
TION 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 aggre-
gates 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.
H. Con. Res. 95—17
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
of the Committee on the Budget may make the appropriate adjust-
ments in allocations and aggregates to the extent that such legisla-
tion 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 Identi-
fied 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 pro-
vided 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 accom-
panying 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).
H. Con. Res. 95—18
(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
after 2006, or any new budget authority provided in a bill or
joint resolution making general appropriations or continuing appro-
priations 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 appro-
priations 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 entitle-
ment 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 legisla-
tion is designated as an emergency requirement under this
subsection, the committee report and any statement of man-
agers accompanying that legislation shall include an expla-
nation 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 emer-
gency requirement in such measure, the amounts of new budget
H. Con. Res. 95—19
authority, outlays, and receipts in all fiscal years resulting
from that provision shall be treated as an emergency require-
ment for the purpose of this subsection.
(2) EXEMPTION
OF
EMERGENCY
PROVISIONS.—Any new
budget authority, outlays, and receipts resulting from any provi-
sion 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
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 des-
ignated as an emergency requirement under this subsection,
the committee report and any statement of managers accom-
panying 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, amend-
ment, 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 Emer-
gency 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 pur-
poses of paragraph (5), a provision shall be considered an
emergency designation if it designates any item as an emer-
gency 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 Congres-
sional Budget Act of 1974.
(10) EXCEPTION
FOR
DEFENSE
SPENDING.—Paragraph (5)
shall not apply against an emergency designation for a provision
H. Con. Res. 95—20
making discretionary appropriations under the defense function
(050).
(11) EXEMPTION OF OVERSEAS CONTINGENT OPERATIONS.—
(A) IN GENERAL.—In the Senate, if a bill, joint resolu-
tion, amendment, or a conference report makes supple-
mental appropriations for fiscal year 2006 for overseas
contingency operations related to the global war on ter-
rorism, 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—
(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 asso-
ciated 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 aggre-
gate level of anticipated emergencies, particularly when nor-
mally estimated in advance, is not unforeseen.
SEC. 403. EXTENSION OF SENATE ENFORCEMENT.
(a) EXTENSION.—Notwithstanding any provision of the Congres-
sional 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 resolu-
tion shall be construed as the upcoming fiscal year only.
H. Con. Res. 95—21
(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;
(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 reso-
lution 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 addi-
tional appropriation of $189,000,000 for continuing disability
reviews for the Social Security Administration, then the alloca-
tion 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 appropria-
tion 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 unemploy-
ment 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
H. Con. Res. 95—22
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 sub-
section, 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 con-
trolled 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.
(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 appro-
priate 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 aggre-
gates 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.
H. Con. Res. 95—23
(b) EFFECT
OF CHANGED ALLOCATIONS
AND AGGREGATES.—
Revised allocations and aggregates resulting from these adjust-
ments 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 adjust-
ments to such levels, including adjustments necessary, and
in the House separate allocations, to reflect the timing of
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 resolu-
tion providing for a change in concepts or definitions, the appro-
priate chairman of the Committee on the Budget shall make adjust-
ments 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 Pro-
gram 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 asso-
ciated with the full cost of Pell Grants shall be based on
the maximum award and any changes in eligibility require-
ments, 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 Com-
mittee 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 con-
ference report that would cause a net increase in direct spending
H. Con. Res. 95—24
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 Mem-
bers, 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 direc-
tions contained in a concurrent resolution on the budget.
(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, notwith-
standing 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 discre-
tionary administrative expenses of the Social Security Administra-
tion.
(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 consid-
ered 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 there-
with; 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 Appropria-
tions 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
H. Con. Res. 95—25
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 sub-
mitted 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;
(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 condi-
tions, 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 APPRO-
PRIATIONS.
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 specifi-
cally 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
H. Con. Res. 95—26
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
Foundation, Department of Defense, and Housing and Urban
Development Tribal College and University Programs; and
(2) such equitable consideration reflects the intent of Con-
gress 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 sustain-
able 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 indi-
vidual contributions to the Social Security system; and
(D) preserve and strengthen the safety net for vulner-
able 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—
H. Con. Res. 95—27
(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.
Attest:
Clerk of the House of Representatives.
Attest:
Secretary of the Senate.