H. Con. Res. 290—16
(f ) CONFERENCE REPORTS.—If a point of order is sustained
under this section against a conference report, the report shall
be disposed of as provided in section 313(d) of the Congressional
Budget Act of 1974.
(g) EXCEPTION FOR DEFENSE SPENDING.—Subsection (b) shall
not apply against an emergency designation for a provision making
discretionary appropriations in the defense category.
SEC. 206. MECHANISM FOR IMPLEMENTING INCREASE OF FISCAL YEAR
2001 DISCRETIONARY SPENDING LIMITS.
(a) FINDINGS.—The Senate finds the following:
(1) Unless and until the discretionary spending limit for
fiscal year 2001 is increased, aggregate appropriations which
exceed the current law limits would still be out of order in
the Senate and subject to a supermajority vote.
(2) The functional totals contained in this concurrent reso-
lution envision a level of discretionary spending for fiscal year
2001 as follows:
(A) For the discretionary category: $600,296,000,000
in new budget authority and $592,773,000,000 in outlays.
(B) For the highway category: $26,920,000,000 in out-
lays.
(C) For the mass transit category: $4,639,000,000 in
outlays.
(3) To facilitate the Senate completing its legislative respon-
sibilities for the 106th Congress in a timely fashion, it is
imperative that the Senate consider legislation which increases
the discretionary spending limit for fiscal year 2001 as soon
as possible.
(b) ADJUSTMENT
TO ALLOCATIONS
AND OTHER BUDGETARY
AGGREGATES
AND LEVELS.—Whenever a bill or joint resolution
becomes law that increases the discretionary spending limit for
fiscal year 2001 set out in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985, the chairman of the
Committee on the Budget of the House or Senate, as applicable,
shall increase the allocation called for in section 302(a) of the
Congressional Budget Act of 1974 to the appropriate Committee
on Appropriations and shall also appropriately adjust all other
budgetary aggregates and levels contained in this resolution.
(c) LIMITATION ON ADJUSTMENT.—An adjustment made pursu-
ant to subsection (b) shall not result in an allocation under section
302(a) of the Congressional Budget Act of 1974 that exceeds the
total budget authority and outlays set forth in subsection (a)(2).
SEC. 207. SENATE FIREWALL FOR DEFENSE AND NONDEFENSE
SPENDING.
(a) DEFINITION.—In this section, for purposes of enforcement
in the Senate for fiscal year 2001, the term ‘‘discretionary spending
limit’’ means—
(1) for the defense category, $310,819,000,000 in new
budget authority and $297,650,000,000 in outlays; and
(2) for the nondefense category, $289,477,000,000 in new
budget authority and $327,430,000,000 in outlays.
(b) POINT OF ORDER IN THE SENATE.—
(1) IN GENERAL.—After the adjustment to the section 302(a)
allocation to the Committee on Appropriations is made pursu-
ant to section 213 and except as provided in paragraph (2),
it shall not be in order in the Senate to consider any bill,
H. Con. Res. 290—17
joint resolution, amendment, motion, or conference report that
exceeds any discretionary spending limit set forth in this sec-
tion.
(2) EXCEPTION.—This subsection shall not apply if a dec-
laration of war by Congress is in effect.
(c) WAIVER AND APPEAL.—This section may be waived or sus-
pended in the Senate 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 in the Senate to sustain an appeal of the ruling
of the Chair on a point of order raised under this section.
Subtitle B—Reserve Funds
SEC. 211. MECHANISM FOR ADDITIONAL DEBT REDUCTION.
(a) IN GENERAL.—If any of the legislation described in sub-
section (b) is vetoed (or does not become law) or any legislation
described in subsection (b)(1) or (b)(2) does not become law on
or before October 1, 2000, then the chairman of the Committee
on the Budget of the House or Senate, as applicable, may adjust
the levels in this concurrent resolution as provided in subsection
(c).
(b) LEGISLATION.—Any adjustment pursuant to subsection (a)
shall be made with respect to—
(1) the reconciliation legislation required by section 103(a)
or section 104;
(2) the Medicare legislation provided for in section 214
or 215; or
(3) any legislation which reduces revenues and is vetoed.
(c) ADJUSTMENTS TO BE MADE.—The adjustment pursuant to
subsection (a) shall be—
(1) with respect to the legislation required by section 103(a)
or section 104, to decrease the balance displayed on the Senate’s
pay-as-you-go scorecard and increase the revenue aggregate
by the amount set forth in section 103(a) or section 104 (as
adjusted, if adjusted, pursuant to section 213) less the amount
of any reduction in the current level of revenues which has
occurred since the adoption of this concurrent resolution and
to decrease the level of debt held by the public as set forth
in section 101(6) by that same amount;
(2) with respect to the legislation provided for in section
214 or section 215, to decrease the balance displayed on the
Senate’s pay-as-you-go scorecard by the amount set forth in
section 214 or section 215 (less the amount of any change
in the current level of spending or revenues attributable to
section 215) and to decrease the level of debt held by the
public as set forth in section 101(6) by that same amount
and make the corresponding adjustments to the revenue and
spending aggregates and allocations set forth in this resolution;
or
(3) with respect to the legislation described by subsection
(b)(3), decrease the balance on the Senate’s pay-as-you-go score-
card and increase the revenue aggregate for the cost of such
legislation and decrease the level of debt held by the public
as set forth in section 101(6) by that same amount.
H. Con. Res. 290—18
SEC. 212. RESERVE FUND FOR ADDITIONAL TAX RELIEF AND DEBT
REDUCTION.
Whenever the Committee on Ways and Means or the Committee
on Finance reports any bill, or an amendment thereto is offered
or a conference report thereon is submitted, that would cause the
level by which Federal revenues should be reduced, as set forth
in section 101(1)(B) for such fiscal year or for such period, as
adjusted, to be exceeded, the chairman of the Committee on the
Budget of the House or Senate, as applicable, may increase the
levels by which Federal revenues should be reduced by the amount
exceeding such level resulting from such measure, but not to exceed
$1,000,000,000 for fiscal year 2001 and $25,000,000,000 for the
period of fiscal years 2001 through 2005 and make all other appro-
priate conforming adjustments (after taking into account any other
bill or joint resolution enacted during this session of the One Hun-
dred Sixth Congress that would cause a reduction in revenues
for fiscal year 2001 or the period of fiscal years 2001 through
2005).
SEC. 213. RESERVE FUND FOR ADDITIONAL SURPLUSES.
(a) REPORTING ADDITIONAL SURPLUSES.—If the report provided
pursuant to section 202(e)(2) of the Congressional Budget Act of
1974, the budget and economic outlook: update (for fiscal years
2001 through 2010) estimates an on-budget surplus for any of
fiscal years 2001 through 2005 that exceeds the on-budget surplus
set forth in the Congressional Budget Office’s March 2000 budget
and economic outlook (for fiscal years 2001 through 2010), the
chairman of the Committee on the Budget of the House or Senate,
as applicable, may make the adjustments as provided in subsection
(b).
(b) ADJUSTMENTS.—The chairman of the Committee on the
Budget of the House or Senate, as applicable, may make the fol-
lowing adjustments in an amount not to exceed the difference
between the on-budget surpluses in the reports referred to in sub-
section (a):
(1) Reduce the on-budget revenue aggregate by that amount
for such fiscal year.
(2) Adjust the instruction in section 103 or 104 to—
(A) increase the reduction in revenues by that amount
for fiscal year 2001;
(B) increase the reduction in revenues by the sum
of the amounts for the period of fiscal years 2001 through
2005; and
(C) in the House only, increase the amount of debt
reduction by that amount for fiscal year 2001.
(3) Adjust such other levels in this resolution, as appro-
priate and the Senate pay-as-you-go scorecard.
(c) ADDITIONAL
DEBT
REDUCTION
IN
THE
HOUSE.—If the
Congressional Budget Office estimates an on-budget surplus for
fiscal year 2000 in excess of the level set forth in this resolution,
then the chairman of the Committee on the Budget of the House
may—
(1) reduce the levels of the public debt and debt held
by the public by the amount of such increased on-budget sur-
plus; and
H. Con. Res. 290—19
(2) direct the Committee on Ways and Means to report
by a date certain an additional reconciliation bill that reduces
debt held by the public by such amount.
SEC. 214. RESERVE FUND FOR MEDICARE IN THE HOUSE.
Whenever the Committee on Ways and Means or Committee
on Commerce of the House reports a bill or joint resolution, or
an amendment thereto is offered (in the House), or a conference
report thereon is submitted that reforms the Medicare Program
and provides coverage for prescription drugs, the chairman of the
Committee on the Budget of the House may increase the aggregates
and allocations of new budget authority (and outlays resulting
therefrom) by the amount provided by that measure for that pur-
pose, but not to exceed $2,000,000,000 in new budget authority
and outlays for fiscal year 2001 and $40,000,000,000 in new budget
authority and outlays for the period of fiscal years 2001 through
2005 (and make all other appropriate conforming adjustments).
SEC. 215. RESERVE FUND FOR MEDICARE IN THE SENATE.
(a) PRESCRIPTION
DRUGS.—Whenever the Committee on
Finance of the Senate reports a bill or joint resolution or a con-
ference report thereon is submitted, which improves access to
prescription drugs for Medicare beneficiaries, the chairman of the
Committee on the Budget of the Senate may revise committee
allocations and other appropriate budgetary levels and limits to
accommodate such legislation, provided that such legislation will
not reduce the on-budget surplus or increase spending, by more
than $20,000,000,000 over the period of fiscal years 2001 through
2005 and will not cause an on-budget deficit in any fiscal year.
(b) MEDICARE REFORM.—Whenever the Committee on Finance
of the Senate reports a bill or joint resolution, or a conference
report thereon is submitted, which improves the solvency of the
Medicare Program without the use of new subsidies from the gen-
eral fund and improves access to prescription drugs (or continues
access provided pursuant to subsection (a)) for Medicare bene-
ficiaries, the chairman of the Committee on the Budget of the
Senate may change committee allocations and other appropriate
budgetary levels and limits to accommodate such legislation, pro-
vided that such legislation will not reduce the on-budget surplus
or increase spending by more than $40,000,000,000 (less any
amount already provided by the chairman pursuant to subsection
(a)) over the period of fiscal years 2001 to 2005 and will not
cause an on-budget deficit in any fiscal year.
SEC. 216. RESERVE FUND FOR AGRICULTURE.
If the Committee on Agriculture of the House or the Committee
on Agriculture, Nutrition, and Forestry of the Senate reports a
bill on or before June 29, 2000, or an amendment thereto is offered
or a conference report thereon is submitted, that provides assistance
for producers of program crops and specialty crops, the chairman
of the Committee on the Budget of the House or Senate, as
applicable, may increase the allocation of new budget authority
and outlays to that committee for fiscal year 2000 by the amount
of new budget authority (and the outlays resulting therefrom) pro-
vided by that measure for that purpose not to exceed $5,500,000,000
in new budget authority and outlays for fiscal year 2000 and
$1,640,000,000 in new budget authority and outlays for fiscal year
2001.
H. Con. Res. 290—20
SEC. 217. RESERVE FUND TO FOSTER THE HEALTH OF CHILDREN WITH
DISABILITIES AND THE EMPLOYMENT AND INDEPEND-
ENCE OF THEIR FAMILIES.
If the Committee on Commerce of the House or the Committee
on Finance of the Senate reports a bill, or an amendment thereto
is offered or a conference report thereon is submitted, that facilitates
children with disabilities receiving needed health care at home,
the chairman of the Committee on the Budget of the House or
Senate, as applicable, may increase the allocation of new budget
authority and outlays to that committee by the amount of new
budget authority (and the outlays resulting therefrom) provided
by that measure for that purpose not to exceed $25,000,000 in
new budget authority and outlays for fiscal year 2001 and
$150,000,000 in new budget authority and outlays for the period
of fiscal years 2001 through 2005.
SEC. 218. RESERVE FUND FOR MILITARY RETIREE HEALTH CARE.
If the Committee on Armed Services of the House or the Senate
reports the Department of Defense authorization legislation to fund
improvements to health care programs for military retirees and
their dependents in order to fulfill the promises made to them,
or an amendment thereto is offered or a conference report thereon
is submitted, the chairman of the Committee on the Budget of
the House or Senate, as applicable, may increase the allocation
of new budget authority and outlays to that committee by the
amount of new budget authority (and the outlays resulting there-
from) provided by that measure for that purpose not to exceed
$50,000,000 in new budget authority and outlays for fiscal year
2001 and $400,000,000 in new budget authority and outlays for
the period of fiscal years 2001 through 2005 if the enactment
of such measure will not cause an on-budget deficit for fiscal year
2001 and the period of fiscal years 2001 through 2005.
SEC. 219. RESERVE FUND FOR CANCER SCREENING AND ENROLLMENT
IN SCHIP.
If the Committee on Commerce of the House or the Committee
on Finance of the Senate reports a bill, or an amendment thereto
is offered or a conference report thereon is submitted, that acceler-
ates enrollment of uninsured children in Medicaid or the State
Children’s Health Insurance Program or provides Medicaid coverage
for women diagnosed with cervical and breast cancer through the
screening program of the Centers for Disease Control, the chairman
of the Committee on the Budget of the House or Senate, as
applicable, may increase the allocation of new budget authority
and outlays to that committee by the amount of new budget
authority (and the outlays resulting therefrom) provided by that
measure for that purpose not to exceed $50,000,000 in new budget
authority and outlays for fiscal year 2001 and $250,000,000 in
new budget authority and outlays for the period of fiscal years
2001 through 2005.
SEC. 220. RESERVE FUND FOR STABILIZATION OF PAYMENTS TO COUN-
TIES IN SUPPORT OF EDUCATION.
(a) ADJUSTMENT.—If the Committee on Agriculture and the
Committee on Resources of the House or the Committee on Energy
and Natural Resources of the Senate reports a bill, or an amend-
ment thereto is offered or a conference report thereon is submitted,
that provides additional resources for counties and complies with
H. Con. Res. 290—21
paragraph (2), the chairman of the Committee on the Budget of
the House or Senate, as applicable, may increase the allocation
of new budget authority and outlays to that committee by the
amount of new budget authority (and the outlays resulting there-
from) provided by that measure for that purpose not to exceed
$200,000,000 in new budget authority and outlays for fiscal year
2001 and $1,100,000,000 in new budget authority and outlays for
the period of fiscal years 2001 through 2005.
(b) CONDITION.—Legislation complies with this section if it
provides for the stabilization of receipt-based payments to counties
that support school and road systems and also provides that a
portion of those payments would be dedicated toward local invest-
ments in Federal lands within the counties.
SEC. 221. TAX REDUCTION RESERVE FUND IN THE SENATE.
In the Senate, the chairman of the Committee on the Budget
may reduce the spending and revenue aggregates and may revise
committee allocations for legislation that reduces revenues if such
legislation will not increase the deficit or decrease the surplus
for—
(1) fiscal year 2001; or
(2) the period of fiscal years 2001 through 2005.
SEC. 222. 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.
(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 Committee
on the Budget of the House of Representatives or the Senate,
as applicable; and
(2) such chairman, as applicable, may make any other
necessary adjustments to such levels to carry out this resolu-
tion.
Subtitle C—Miscellaneous Rulemaking
Provisions
SEC. 231. COMPLIANCE WITH SECTION 13301 OF THE BUDGET
ENFORCEMENT ACT OF 1990.
(a) In the House, notwithstanding section 302(a)(1) of the
Congressional Budget Act of 1974, the joint explanatory statement
accompanying the conference report on any concurrent resolution
H. Con. Res. 290—22
on the budget shall include in its allocation under section 302(a)
of such Act to the Committee on Appropriations amounts for the
discretionary administrative expenses of the Social Security
Administration that are off-budget pursuant to section 13301 of
the Budget Enforcement Act of 1990 (even though such amounts
are not included in the conference report on any concurrent resolu-
tion on the budget pursuant to such section 13301).
(b) 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. 232. PROHIBITION ON USE OF FEDERAL RESERVE SURPLUSES.
(a) PURPOSE.—The purpose of this section is to ensure that
transfers from nonbudgetary governmental entities, such as the
Federal reserve banks, shall not be used to offset increased on-
budget spending when such transfers produce no real budgetary
or economic effects.
(b) BUDGETARY RULE.—In the Senate, for purposes of points
of order under this resolution and the Congressional Budget Act
of 1974, provisions contained in any bill, resolution, amendment,
motion, or conference report that affects any surplus funds of the
Federal reserve banks shall not be scored with respect to the
level of budget authority, outlays, or revenues contained in such
legislation.
SEC. 233. REAFFIRMING THE PROHIBITION ON THE USE OF TAX
INCREASES FOR DISCRETIONARY SPENDING.
(a) PURPOSE.—The purpose of this section is to reaffirm Con-
gress’ belief that the discretionary spending limits should be
adhered to and not circumvented by allowing increased taxes to
offset discretionary spending.
(b) RESTATEMENT OF BUDGETARY RULE.—For purposes of points
of order under this resolution and the Congressional Budget Act
of 1974, provisions contained in an appropriations bill (or an amend-
ment thereto or a conference report thereon) resulting in increased
revenues shall continue to not be scored with respect to the level
of budget authority or outlays contained in such legislation.
SEC. 234. 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 of Representatives, 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.
H. Con. Res. 290—23
TITLE III—SENSE OF THE CONGRESS,
HOUSE, AND SENATE PROVISIONS
Subtitle A—Sense of the Congress
Provisions
SEC. 301. SENSE OF THE CONGRESS ON GRADUATE MEDICAL EDU-
CATION.
It is the sense of the Congress that funding for graduate medical
education for children’s hospitals is a high priority in this resolution.
SEC. 302. SENSE OF THE CONGRESS ON PROVIDING ADDITIONAL DOL-
LARS TO THE CLASSROOM.
(a) FINDINGS.—Congress finds that—
(1) strengthening America’s public schools while respecting
State and local control is critically important to the future
of our children and our Nation;
(2) education is a local responsibility, a State priority,
and a national concern;
(3) a partnership with the Nation’s governors, parents,
teachers, and principals must take place in order to strengthen
public schools and foster educational excellence;
(4) the consolidation of various Federal education programs
will benefit our Nation’s children, parents, and teachers by
sending more dollars directly to the classroom; and
(5) our Nation’s children deserve an educational system
that will provide opportunities to excel.
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress
that—
(1) Congress should enact legislation that would consolidate
31 Federal K–12 education programs; and
(2) the Department of Education, the States, and local
educational agencies should work together to ensure that not
less than 95 percent of all funds appropriated for the purpose
of carrying out elementary and secondary education programs
administered by the Department of Education are spent for
our children in their classrooms.
Subtitle B—Sense of the House Provisions
SEC. 311. SENSE OF THE HOUSE ON WASTE, FRAUD, AND ABUSE.
(a) FINDINGS.—The House finds that—
(1) while the budget may be in balance, it continues to
be ridden with waste, fraud, and abuse;
(2) just last month, auditors documented more than
$19,000,000,000 in improper payments each year by such agen-
cies as the Agency of International Development, the Internal
Revenue Service, the Social Security Administration, and the
Department of Defense;
(3) the General Accounting Office recently reported that
the financial management practices of some Federal agencies
are so poor that it is unable to determine the full extent
of improper Government payments; and
H. Con. Res. 290—24
(4) the General Accounting Office now lists a record number
of 25 Federal programs that are at ‘‘high risk’’ of waste, fraud,
and abuse.
(b) SENSE OF THE HOUSE.—It is the sense of the House that
the Committee on the Budget has created task forces to address
this issue and that the President should take immediate steps
to reduce waste, fraud, and abuse within the Federal Government
and report on such actions to Congress and that any resulting
savings should be dedicated to debt reduction and tax relief.
SEC. 312. SENSE OF THE HOUSE REGARDING EMERGENCY SPENDING.
It is the sense of the House that, as part of a comprehensive
reform of the budget process, the Committees on the Budget should
develop a definition of, and a process for, funding emergencies
consistent with the applicable provisions of H.R. 853, the Com-
prehensive Budget Process Reform Act of 1999, that could be incor-
porated into the Rules of the House of Representatives and the
Standing Rules of the Senate.
SEC. 313. SENSE OF THE HOUSE ON ESTIMATES OF THE IMPACT OF
REGULATIONS ON THE PRIVATE SECTOR.
(a) FINDINGS.—The House finds that—
(1) the Federal regulatory system sometimes adversely
affects many Americans and businesses by imposing financial
burdens with little corresponding public benefit;
(2) currently, Congress has no general mechanism for
assessing the financial impact of regulatory activities on the
private sector;
(3) Congress is ultimately responsible for making sure
agencies act in accordance with congressional intent and, while
the executive branch is responsible for promulgating regula-
tions, Congress should curb ineffective regulations by using
its oversight and regulatory powers; and
(4) a variety of reforms have been suggested to increase
congressional oversight over regulatory activity, including
directing the President to prepare an annual accounting state-
ment containing several cost/benefit analyses, recommenda-
tions to reform inefficient regulatory programs, and an identi-
fication and analysis of duplications and inconsistencies among
such programs.
(b) SENSE OF THE HOUSE.—It is the sense of the House that
the House should reclaim its role as reformer and take the first
step toward curbing inefficient regulatory activity by passing legisla-
tion authorizing the Congressional Budget Office to prepare regular
estimates on the impact of proposed Federal regulations on the
private sector.
SEC. 314. SENSE OF THE HOUSE ON BIENNIAL BUDGETING.
It is the sense of the House that there is a wide range of
views on the advisability of biennial budgeting and this issue should
be considered only within the context of comprehensive budget
process reform.
SEC. 315. SENSE OF THE HOUSE ON ACCESS TO HEALTH INSURANCE
AND PRESERVING HOME HEALTH SERVICES FOR ALL
MEDICARE BENEFICIARIES.
(a) ACCESS TO HEALTH INSURANCE.—
(1) FINDINGS.—The House finds that—