I
106TH CONGRESS
2D SESSION
H. R. 4397
To amend the Congressional Budget Act of 1974 to provide for joint resolu-
tions on the budget, reserve funds for emergency spending, strengthened
enforcement of budgetary decisions, increased accountability for Federal
spending, accrual budgeting for Federal insurance programs, mitigation
of the bias in the budget process toward higher spending, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2000
Mr. NUSSLE (for himself, Mr. CARDIN, Mr. GOSS, Mr. MINGE, Mr. KASICH,
Mr. STENHOLM, and Mr. DREIER) introduced the following bill; which
was referred to the Committee on the Budget, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend the Congressional Budget Act of 1974 to provide
for joint resolutions on the budget, reserve funds for
emergency spending, strengthened enforcement of budg-
etary decisions, increased accountability for Federal
spending, accrual budgeting for Federal insurance pro-
grams, mitigation of the bias in the budget process to-
ward higher spending, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Budget Process Reform Act of 2000’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Effective date.
Sec. 4. Declaration of purposes for the Budget Act.
TITLE I—BUDGET WITH FORCE OF LAW
Sec. 101. Purposes.
Sec. 102. The timetable.
Sec. 103. Annual joint resolutions on the budget.
Sec. 104. Budget required before spending bills may be considered; fall-back
procedures if President vetoes joint budget resolution.
Sec. 105. Conforming amendments to effectuate joint resolutions on the budget.
TITLE II—RESERVE FUND FOR EMERGENCIES
Sec. 201. Purpose.
Sec. 202. Repeal of adjustments for emergencies.
Sec. 203. OMB emergency criteria.
Sec. 204. Development of guidelines for application of emergency definition.
Sec. 205. Reserve fund for emergencies in President’s budget.
Sec. 206. Adjustments and reserve fund for emergencies in joint budget resolu-
tions.
Sec. 207. Up-to-date tabulations.
Sec. 208. Prohibition on amendments to emergency reserve fund.
Sec. 209. Effective date.
TITLE III—ENFORCEMENT OF BUDGETARY DECISIONS
Sec. 301. Purposes.
Subtitle A—Application of Points of Order to Unreported Legislation
Sec. 311. Application of Budget Act points of order to unreported legislation.
Subtitle B—Compliance With Budget Resolution
Sec. 321. Budget compliance statements.
Subtitle C—Justification for Budget Act Waivers
Sec. 331. Justification for Budget Act waivers in the House of Representatives.
Subtitle D—CBO Scoring of Conference Reports
Sec. 341. CBO scoring of conference reports.
TITLE IV—ACCOUNTABILITY FOR FEDERAL SPENDING
Sec. 401. Purposes.
Subtitle A—Limitations on Direct Spending
Sec. 411. Fixed-year authorizations required for new programs.
Sec. 412. Amendments to subject new direct spending to annual appropriations.
Subtitle B—Enhanced Congressional Oversight Responsibilities
Sec. 421. Ten-year congressional review requirement of permanent budget au-
thority.
Sec. 422. Justifications of direct spending.
Sec. 423. Survey of activity reports of House committees.
Sec. 424. Continuing study of additional budget process reforms.
Sec. 425. GAO reports.
Subtitle C—Strengthened Accountability
Sec. 431. Ten-year CBO estimates.
Sec. 432. Repeal of rule XXIII of the Rules of the House of Representatives.
TITLE V—BUDGETING FOR UNFUNDED LIABILITIES AND OTHER
LONG-TERM OBLIGATIONS
Sec. 501. Purposes.
Subtitle A—Budgetary Treatment of Federal Insurance Programs
Sec. 511. Federal insurance programs.
Subtitle B—Reports on Long-Term Budgetary Trends
Sec. 521. Reports on long-term budgetary trends.
TITLE VI—BASELINE AND BYRD RULE
Sec. 601. Purpose.
Subtitle A—The Baseline
Sec. 611. The President’s budget.
Sec. 612. The congressional budget.
Sec. 613. Congressional Budget Office reports to committees.
Sec. 614. Outyear assumptions for discretionary spending.
Subtitle B—The Byrd Rule
Sec. 621. Limitation on Byrd rule.
SEC. 2. PURPOSE.
The purposes of this Act are to—
(1) give the budget the force of law;
(2) budget for emergencies;
(3) strengthen enforcement of budgetary deci-
sions;
(4) increase accountability for Federal spend-
ing;
(5) display the unfunded liabilities of Federal
insurance programs; and
(6) mitigate the bias in the budget process to-
ward higher spending.
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act
and the amendments made by this Act shall become effec-
tive on the date of enactment of this Act and shall apply
with respect to fiscal years beginning after September 30,
2001.
SEC. 4. DECLARATION OF PURPOSES FOR THE BUDGET
ACT.
Paragraphs (1) and (2) of section 2 of the Congres-
sional Budget and Impoundment Control Act of 1974 are
amended to read as follows:
‘‘(1) to assure effective control over the budg-
etary process;
‘‘(2) to facilitate the determination each year of
the appropriate level of Federal revenues and ex-
penditures by the Congress and the President;’’.
TITLE I—BUDGET WITH FORCE
OF LAW
SEC. 101. PURPOSES.
The purposes of this title are to—
(1) focus initial budgetary deliberations on ag-
gregate levels of Federal spending and taxation;
(2) encourage cooperation between Congress
and the President in developing overall budgetary
priorities; and
(3) reach budgetary decisions early in the legis-
lative cycle.
SEC. 102. THE TIMETABLE.
Section 300 of the Congressional Budget Act of 1974
is amended to read as follows:
‘‘TIMETABLE
‘‘SEC. 300. The timetable with respect to the congres-
sional budget process for any fiscal year is as follows:
‘‘On or before:
Action to be completed:
First Monday in February ............
President submits his budget.
February 15 ...................................
Congressional Budget Office submits
report to Budget Committees.
Not later than 6 weeks after Presi-
dent submits budget.
Committees submit views and esti-
mates to Budget Committees.
April 1 ...........................................
Senate Budget Committee reports
joint resolution on the budget.
April 15 .........................................
Congress completes action on joint
resolution on the budget.
June 10 .........................................
House Appropriations Committee re-
ports last annual appropriation bill.
June 15 .........................................
Congress completes action on rec-
onciliation legislation.
June 30 .........................................
House completes action on annual ap-
propriation bills.
October 1 .......................................
Fiscal year begins.’’.
(d) ADDITIONAL CONTENTS OF REPORT.—Section
301(e)(3) of the Congressional Budget Act of 1974 is
amended as follows:
(1) Redesignate subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively, strike sub-
paragraphs (C) and (D), and redesignate subpara-
graph (E) as subparagraph (D).
(2) Before subparagraph (B), insert the fol-
lowing new subparagraph:
‘‘(A) reconciliation directives described in
section 310;’’.
(e) PRESIDENT’S BUDGET SUBMISSION TO THE CON-
GRESS.—(1) The first two sentences of section 1105(a)
of title 31, United States Code, are amended to read as
follows:
‘‘On or after the first Monday in January but not later
than the first Monday in February of each year the Presi-
dent shall submit a budget of the United States Govern-
ment for the following fiscal year which shall set forth the
following levels:
‘‘(A) totals of new budget authority and out-
lays;
‘‘(B) total Federal revenues and the amount, if
any, by which the aggregate level of Federal reve-
nues should be increased or decreased by bills and
resolutions to be reported by the appropriate com-
mittees;
‘‘(C) the surplus or deficit in the budget;
‘‘(D) subtotals of new budget authority and
outlays for nondefense discretionary spending, de-
fense discretionary spending, direct spending, and
interest; and for fiscal years to which the amend-
ments made by title II of the Comprehensive Budget
Process Reform Act of 2000 apply, subtotals of new
budget authority and outlays for emergencies; and
‘‘(E) the public debt.
Each budget submission shall include a budget message
and summary and supporting information and, as a sepa-
rately delineated statement, the levels required in the pre-
ceding sentence for at least each of the 9 ensuing fiscal
years.’’.
(2) The third sentence of section 1105(a) of title 31,
United States Code, is amended by inserting ‘‘submission’’
after ‘‘budget’’.
(f) LIMITATION ON CONTENTS OF BUDGET RESOLU-
TIONS.—Section 305 of the Congressional Budget Act of
1974 is amended by adding at the end the following new
subsection:
‘‘(e) LIMITATION ON CONTENTS.—(1) A joint resolu-
tion on the budget and the report accompanying it may
not—
‘‘(A) appropriate or otherwise provide, im-
pound, or rescind any new budget authority, in-
crease any outlay, or increase or decrease any rev-
enue (other than through reconciliation instruc-
tions);
‘‘(B) directly (other than through reconciliation
instructions) establish or change any program,
project, or activity;
‘‘(C) establish or change any limit or control
over spending, outlays, receipts, or the surplus or
deficit except those that are enforced through con-
gressional rule making; or
‘‘(D) amend any law except as provided by sec-
tion 304 (permissible revisions of joint resolutions on
the budget) or enact any provision of law that con-
tains any matter not permitted in section 301(a) or
(b).
‘‘(2) No allocation under section 302(a) shall be con-
strued as changing such discretionary spending limit.
‘‘(3) It shall not be in order in the House of Rep-
resentatives or in the Senate to consider any joint resolu-
tion on the budget or any amendment thereto or con-
ference report thereon that contains any matter not per-
mitted in section 301(a) or (b).
‘‘(4) Any joint resolution on the budget or any
amendment thereto or conference report thereon that con-
tains any matter not permitted in section 301(a) or (b)
shall not be treated in the House of Representatives or
the Senate as a budget resolution under subsection (a) or
(b) or as a conference report on a budget resolution under
subsection (c) of this section.’’.
SEC. 104. BUDGET REQUIRED BEFORE SPENDING BILLS
MAY BE CONSIDERED; FALL-BACK PROCE-
DURES IF PRESIDENT VETOES JOINT BUDG-
ET RESOLUTION.
(a) AMENDMENTS TO SECTION 302.—Section 302(a)
of the Congressional Budget Act of 1974 is amended by
striking paragraph (5).
(b) AMENDMENTS
TO SECTION 303 AND CON-
FORMING AMENDMENTS.—(1) Section 303 of the Con-
gressional Budget Act of 1974 is amended—
(A) in subsection (b), by striking paragraph
(2), by inserting ‘‘or’’ at the end of paragraph (1),
and by redesignating paragraph (3) as paragraph
(2); and
(B) by striking its section heading and inserting
the following new section heading: ‘‘CONSIDERATION
OF BUDGET-RELATED LEGISLATION BEFORE BUDG-
ET BECOMES LAW’’.
(2) Section 302(g)(1) of the Congressional Budget
Act of 1974 is amended by striking ‘‘and, after April 15,
section 303(a)’’.
(3)(A) Section 904(c)(1) of the Congressional Budget
Act of 1974 is amended by inserting ‘‘303(a),’’ before
‘‘305(b)(2),’’.
(B) Section 904(d)(2) of the Congressional Budget
Act of 1974 is amended by inserting ‘‘303(a),’’ before
‘‘305(b)(2),’’.
(c) EXPEDITED PROCEDURES UPON VETO OF JOINT
RESOLUTION ON THE BUDGET.—(1) Title III of the Con-
gressional Budget Act of 1974 is amended by adding after
section 315 the following new section:
‘‘EXPEDITED PROCEDURES UPON VETO OF JOINT
RESOLUTION ON THE BUDGET
‘‘SEC. 316. (a) SPECIAL RULE.—If the President ve-
toes a joint resolution on the budget for a fiscal year, the
majority leader of the House of Representatives or Senate
(or his designee) may introduce a concurrent resolution
on the budget or joint resolution on the budget for such
fiscal year. If the Committee on the Budget of either
House fails to report such concurrent or joint resolution
referred to it within five calendar days (excluding Satur-
days, Sundays, or legal holidays except when that House
of Congress is in session) after the date of such referral,
the committee shall be automatically discharged from fur-
ther consideration of such resolution and such resolution
shall be placed on the appropriate calendar.
‘‘(b) PROCEDURE IN THE HOUSE OF REPRESENTA-
TIVES AND THE SENATE.—
‘‘(1) Except as provided in paragraph (2), the
provisions of section 305 for the consideration in the
House of Representatives and in the Senate of joint
resolutions on the budget and conference reports
thereon shall also apply to the consideration of con-
current resolutions on the budget introduced under
subsection (a) and conference reports thereon.
‘‘(2) Debate in the Senate on any concurrent
resolution on the budget or joint resolution on the
budget introduced under subsection (a), and all
amendments thereto and debatable motions and ap-
peals in connection therewith, shall be limited to not
more than 10 hours and in the House such debate
shall be limited to not more than 3 hours.
‘‘(c) CONTENTS OF CONCURRENT RESOLUTIONS.—
Any concurrent resolution on the budget introduced under
subsection (a) shall be in compliance with section 301.
‘‘(d) EFFECT OF CONCURRENT RESOLUTION ON THE
BUDGET.—Notwithstanding any other provision of this
title, whenever a concurrent resolution on the budget de-
scribed in subsection (a) is agreed to, then the aggregates,
allocations, and reconciliation directives (if any) contained
in the report accompanying such concurrent resolution or
in such concurrent resolution shall be considered to be the
aggregates, allocations, and reconciliation directives for all
purposes of sections 302, 303, and 311 for the applicable
fiscal years and such concurrent resolution shall be
deemed to be a joint resolution for all purposes of this
title and the Rules of the House of Representatives and
any reference to the date of enactment of a joint resolution
on the budget shall be deemed to be a reference to the
date agreed to when applied to such concurrent resolu-
tion.’’.
(2) The table of contents set forth in section 1(b) of
the Congressional Budget and Impoundment Control Act
of 1974 is amended by inserting after the item relating
to section 315 the following new item:
‘‘Sec. 316. Expedited procedures upon veto of joint resolution on the budget.’’.
SEC. 105. CONFORMING AMENDMENTS TO EFFECTUATE
JOINT RESOLUTIONS ON THE BUDGET.
(a) CONFORMING AMENDMENTS TO THE CONGRES-
SIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF
1974.—(1)(A) Sections 301, 302, 303, 305, 308, 310,
311, 312, 314, 405, and 904 of the Congressional Budget
Act of 1974 (2 U.S.C. 621 et seq.) are amended by strik-
ing ‘‘concurrent’’ each place it appears and by inserting
‘‘joint’’.
(B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and
310(d)(1) of the Congressional Budget Act of 1974 are
amended by striking ‘‘most recently agreed to concurrent
resolution on the budget’’ each place it occurs and insert-
ing ‘‘most recently enacted joint resolution on the budget
or agreed to concurrent resolution on the budget (as appli-
cable)’’.
(ii) The section heading of section 301 is amended
by striking ‘‘adoption of concurrent resolution’’ and insert-
ing ‘‘joint resolutions’’;
(iii) Section 304 of such Act is amended to read as
follows:
‘‘PERMISSIBLE REVISIONS OF BUDGET RESOLUTIONS
‘‘SEC. 304. At any time after the joint resolution on
the budget for a fiscal year has been enacted pursuant
to section 301, and before the end of such fiscal year, the
two Houses and the President may enact a joint resolution
on the budget which revises or reaffirms the joint resolu-
tion on the budget for such fiscal year most recently en-
acted. If a concurrent resolution on the budget has been
agreed to pursuant to section 316, then before the end
of such fiscal year, the two Houses may adopt a concur-
rent resolution on the budget which revises or reaffirms
the concurrent resolution on the budget for such fiscal
year most recently agreed to.’’.
(C) Sections 302, 303, 310, and 311, of such Act
are amended by striking ‘‘agreed to’’ each place it appears
and by inserting ‘‘enacted’’.
(2)(A) Paragraph (4) of section 3 of the Congres-
sional Budget and Impoundment Control Act of 1974 is
amended by striking ‘‘concurrent’’ each place it appears
and by inserting ‘‘joint’’.
(B) The table of contents set forth in section 1(b)
of such Act is amended—
(i) in the item relating to section 301, by strik-
ing ‘‘adoption of concurrent resolution’’ and insert-
ing ‘‘joint resolutions’’;
(ii) by striking the item relating to section 303
and inserting the following:
‘‘Sec. 303. Consideration of budget-related legislation before budget becomes
law.’’;
(iii) in the item relating to section 304, by
striking ‘‘concurrent’’ and inserting ‘‘budget’’ the
first place it appears and by striking ‘‘on the budg-
et’’; and
(iv) by striking ‘‘concurrent’’ and inserting
‘‘joint’’ in the item relating to section 305.
(b) CONFORMING AMENDMENTS TO THE RULES OF
THE HOUSE OF REPRESENTATIVES.—(1) Clauses 1(e)(1),
4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause
10 of rule XVIII, and clause 10 of rule XX of the Rules
of the House of Representatives are amended by striking
‘‘concurrent’’ each place it appears and inserting ‘‘joint’’.
(2) Clause 10 of rule XVIII of the Rules of the House
of Representatives is amended—
(A) in paragraph (b)(2), by striking ‘‘(5)’’ and
inserting ‘‘(6)’’; and
(B) by striking paragraph (c).
(c) CONFORMING AMENDMENTS TO THE BALANCED
BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF
1985.—Section 258C(b)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
907d(b)(1)) is amended by striking ‘‘concurrent’’ and in-
serting ‘‘joint’’.
(d) CONFORMING AMENDMENTS TO SECTION 310
REGARDING RECONCILIATION DIRECTIVES.—(1) The side
heading of section 310(a) of the Congressional Budget Act
of 1974 (as amended by section 105(a)) is further amend-
ed by inserting ‘‘JOINT EXPLANATORY STATEMENT AC-
COMPANYING CONFERENCE REPORT ON’’ before ‘‘JOINT’’.
(2) Section 310(a) of such Act is amended by striking
‘‘A’’ and inserting ‘‘The joint explanatory statement ac-
companying the conference report on a’’.
(3) The first sentence of section 310(b) of such Act
is amended by striking ‘‘If’’ and inserting ‘‘If the joint
explanatory statement accompanying the conference re-
port on’’.
(4) Section 310(c)(1) of such Act is amended by in-
serting ‘‘the joint explanatory statement accompanying
the conference report on’’ after ‘‘pursuant to’’.
(5) Subsection (g) of section 310 of such Act is re-
pealed.
(e) CONFORMING AMENDMENTS TO SECTION 3 RE-
GARDING DIRECT SPENDING.—Section 3 of the Congres-
sional Budget and Impoundment Control Act of 1974 is
amended by adding at the end the following new para-
graph:
‘‘(11) The term ‘direct spending’ has the mean-
ing given to such term in section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control
Act of 1985.’’.
(f) TECHNICAL AMENDMENT REGARDING REVISED
SUBALLOCATIONS.—Section 314(d) of the Congressional
Budget Act of 1974 is amended by—
(1) striking ‘‘REPORTING’’ in the side heading,
by inserting ‘‘the chairmen of’’ before ‘‘the Commit-
tees’’, and by striking ‘‘may report’’ and inserting
‘‘shall make and have published in the Congressional
Record’’; and
(2) adding at the end the following new sen-
tence: ‘‘For purposes of considering amendments
(other than for amounts for emergencies covered by
subsection (b)(1)), suballocations shall be deemed to
be so adjusted.’’.
TITLE II—RESERVE FUND FOR
EMERGENCIES
SEC. 201. PURPOSE.
The purposes of this title are to—
(1) develop budgetary and fiscal procedures for
emergencies;
(2) subject spending for emergencies to budg-
etary procedures and controls; and
(3) establish criteria for determining compliance
with emergency requirements.
SEC. 202. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.
(a) DISCRETIONARY SPENDING LIMITS.—(1) Section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is repealed.
(2) Such section 251(b)(2) is further amended by re-
designating subparagraphs (B) through (G) as subpara-
graphs (A) through (F).
(b) 
DIRECT
SPENDING.—Sections 
252(e) 
and
252(d)(4)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are repealed.
(c) EMERGENCY DESIGNATION.—Clause 2 of rule
XXI of the Rules of the House of Representatives is
amended by repealing paragraph (e) and by redesignating
paragraph (f) as paragraph (e).
(d) AMOUNT OF ADJUSTMENTS.—Section 314(b) of
the Congressional Budget Act of 1974 is amended by
striking paragraph (1) and by redesignating paragraphs
(2) through (6) as paragraphs (1) through (5), respec-
tively.
SEC. 203. OMB EMERGENCY CRITERIA.
Section 3 of the Congressional Budget and Impound-
ment Control Act of 1974 (as amended by section 105(e))
is further amended by adding at the end the following new
paragraph:
‘‘(12)(A) The term ‘emergency’ means a situa-
tion that—
‘‘(i) requires new budget authority and
outlays (or new budget authority and the out-
lays flowing therefrom) for the prevention or
mitigation of, or response to, loss of life or
property, or a threat to national security; and
‘‘(ii) is unanticipated.