Union Calendar No. 178
106TH CONGRESS
1ST SESSION
H. R. 853
[Report No. 106–198, Parts I, II, and III]
A BILL
To amend the Congressional Budget Act of 1974 to
provide for joint resolutions on the budget, re-
serve funds for emergency spending, strength-
ened enforcement of budgetary decisions, in-
creased accountability for Federal spending, ac-
crual budgeting for Federal insurance programs,
mitigation of the bias in the budget process to-
ward higher spending, modifications in paygo re-
quirements when there is an on-budget surplus,
and for other purposes.
AUGUST 5, 1999
Reported from the Committee on the Budget with an
amendment
AUGUST 5, 1999
Reported from the Committee on Rules with an amend-
ment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
IB
Union Calendar No. 178
106TH CONGRESS
1ST SESSION
H. R. 853
[Report No. 106–198, Parts I, II, and III]
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, modifications
in paygo requirements when there is an on-budget surplus, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 25, 1999
Mr. NUSSLE (for himself, Mr. CARDIN, Mr. KASICH, Mr. DREIER, Mr. GOSS,
Mr. MINGE, Mr. SUNUNU, Mr. RADANOVICH, and Mr. STENHOLM) intro-
duced the following bill; which was referred to the Committee on the
Budget, and in addition to the Committees on Rules, and Appropriations,
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
JUNE 24, 1999
Reported with an amendment, adversely, from the Committee on
Appropriations
[Omit the part in bold brackets and struck through]
AUGUST 5, 1999
Reported from the Committee on the Budget with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AUGUST 5, 1999
Additional sponsors: Mr. BARTON of Texas, Mr. CASTLE, Mr. ENGLISH, Mr.
GREENWOOD, Mr. HASTINGS of Washington, Mrs. JOHNSON of Con-
necticut, Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr. SESSIONS, Mr. SHAYS,
Mrs. MYRICK, Mr. REYNOLDS, Mr. GUTKNECHT, Mr. UPTON, Mr. CAMP-
BELL, Mr. BURR of North Carolina, Mr. LINDER, Mr. BARR of Georgia,
Mr. ROYCE, Mr. HALL of Texas, Mr. CONDIT, Mr. GEKAS, Mr. RYAN of
Wisconsin, and Mr. TOOMEY
Deleted sponsors: Mr. REGULA (added March 3, 1999; deleted May 27, 1999),
and Mr. HOBSON (added April 26, 1999; deleted June 18, 1999)
AUGUST 5, 1999
Reported from the Committee on Rules with an amendment, committed to the
Committee of the Whole House on the State of the Union, and ordered
to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
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, modifications in paygo require-
ments when there is an on-budget surplus, 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 1999’’.
(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. Reaffirming special budgetary status of social security.
Sec. 106. Conforming amendments to effectuate joint resolutions on the budget.
TITLE II—RESERVE FUNDS 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 funds for emergencies in President’s budget.
Sec. 206. Adjustments and reserve funds for emergencies in joint budget reso-
lutions.
Sec. 207. Committee notification of emergency legislation.
Sec. 208. Application of section 306 to emergencies in excess of amounts in re-
serve funds.
Sec. 209. Up-to-date tabulations.
Sec. 210. Report of Committees on the Budget.
Sec. 211. Prohibition on amendments to emergency reserve funds.
Sec. 312. Effective active 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—Prohibitions on Indefinite Spending
Sec. 411. Fixed-year authorizations required for new programs.
Sec. 412. Amendments to subject new entitlements 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, BYRD RULE, LOCK-BOX, AND AUTOMATIC
CONTINUING RESOLUTION
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.
Subtitle C—Spending Accountability Lock-Box
Sec. 631. Short title.
Sec. 632. Spending accountability lock-box ledger.
Sec. 633. Downward adjustment of section 302(a) allocations and section
302(b) suballocations.
Sec. 634. Periodic reporting of ledger statements.
Sec. 635. Downward adjustment of discretionary spending limits.
Subtitle D—Automatic Continuing Resolution
Sec. 641. Automatic continuing resolution.
TITLE VII—BUDGETING IN AN ERA OF SURPLUSES
Sec. 701. Paygo requirements and the on-budget surplus.
SEC. 2. PURPOSE.
The purposes of this Act are to—
(1) give the budget the force of law;
(2) budget for emergencies;
(3) display the unfunded liabilities of Federal
insurance programs;
(4) strengthen enforcement of budgetary deci-
sions;
(5) increase accountability for Federal spend-
ing;
(6) mitigate the bias in the budget process to-
ward higher spending; and
(7) modify paygo requirements when there is an
on-budget surplus.
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,
2000.
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.
‘‘On or before:
Action to be completed:
June 15 .........................................
Congress completes action on rec-
onciliation legislation.
June 30 .........................................
House completes action on annual ap-
propriation bills.
October 1 .......................................
Fiscal year begins.’’.
SEC. 103. ANNUAL JOINT RESOLUTIONS ON THE BUDGET.
(a) ANNUAL JOINT RESOLUTIONS ON THE BUDG-
ET.—(1) Section 301 of the Congressional Budget Act of
1974 is amended to read as follows:
‘‘ANNUAL JOINT RESOLUTIONS ON THE BUDGET
‘‘SEC. 301. (a) CONTENT OF JOINT RESOLUTION ON
THE BUDGET.—On or before April 15 of each year, the
Congress shall complete action on a joint resolution on the
budget for the fiscal year beginning on October 1 of such
year. The joint resolution shall set forth appropriate levels
for the fiscal year beginning on October 1 of such year
and for at least each of the 4 ensuing fiscal years for the
following—
‘‘(1) totals of new budget authority and outlays;
‘‘(2) 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;
‘‘(3) the surplus or deficit in the budget;
‘‘(4) subtotals of new budget authority and out-
lays for nondefense discretionary spending, defense
discretionary spending, and direct spending, and, if
deemed necessary, other subsets of discretionary
spending and of direct spending;
‘‘(5) the level of the statutory limit on the pub-
lic debt;
‘‘(6) for fiscal years to which the amendments
made by title II of the Comprehensive Budget Proc-
ess Reform Act of 1999 apply, subtotals of new
budget authority and outlays for emergencies, in-
cluding subtotals for direct spending and discre-
tionary spending;
‘‘(7) For purposes of Senate enforcement under
this title, outlays of the old-age, survivors, and dis-
ability insurance program established under title II
of the Social Security Act for the fiscal year of the
resolution and for each of the 4 succeeding fiscal
years; and
‘‘(8) For purposes of Senate enforcement under
this title, revenues of the old-age, survivors, and dis-
ability insurance program established under title II
of the Social Security Act (and the related provisions
of the Internal Revenue Code of 1986) for the fiscal
year of the resolution and for each of the 4 suc-
ceeding fiscal years.
‘‘(b) ADDITIONAL MATTERS
IN JOINT RESOLU-
TION.—The joint resolution on the budget may—
‘‘(1) include a heading entitled ‘Debt Increase
as Measure of Deficit’ in which the joint resolution
shall set forth the amounts by which the debt sub-
ject to limit (in section 3101 of title 31, United
States Code) has increased or would increase in each
of the relevant fiscal years;
‘‘(2) if submitted by the Committee on Ways
and Means of the House of Representatives or the
Committee on Finance of the Senate to the Com-
mittee on the Budget of that House of Congress,
amend section 3101 of title 31, United States Code,
to change the statutory limit on the public debt;
‘‘(3) require a procedure under which all or cer-
tain bills or resolutions providing new budget au-
thority or new entitlement authority for such fiscal
year shall not be enrolled until the Congress has
completed action on any reconciliation bill or rec-
onciliation resolution or both required by such con-
current resolution to be reported in accordance with
section 310(b);
‘‘(4) require such other congressional proce-
dures, relating to the budget, as may be appropriate
to carry out the purposes of this Act; and
‘‘(5) set forth procedures in the Senate whereby
committee allocations, aggregates, and other levels
can be revised for legislation if that legislation would
not increase the deficit, or would not increase the
deficit when taken with other legislation enacted
after the adoption of the resolution, for the first fis-
cal year or the total period of fiscal years covered by
the resolution.
‘‘(c) CONSIDERATION OF PROCEDURES OR MATTERS
WHICH HAVE THE EFFECT OF CHANGING ANY RULE OF
THE HOUSE OF REPRESENTATIVES.—If the Committee
on the Budget of the House of Representatives reports
any joint resolution on the budget which includes any pro-
cedure or matter which has the effect of changing any rule
of the House of Representatives, such joint resolution shall
then be referred to the Committee on Rules with instruc-
tions to report it within five calendar days (not counting
any day on which the House is not in session). The Com-
mittee on Rules shall have jurisdiction to report any joint
resolution referred to it under this paragraph with an
amendment or amendments changing or striking any such
procedure or matter.
‘‘(d) VIEWS AND ESTIMATES OF OTHER COMMIT-
TEES.—Within 6 weeks after the President submits a
budget under section 1105(a) of title 31, United States
Code, or at such time as may be requested by the chair-
man of the Committee on the Budget, each committee of
the House of Representatives having legislative jurisdic-
tion shall submit to the Committee on the Budget of the
House and each committee of the Senate having legislative
jurisdiction shall submit to the Committee on the Budget
of the Senate its views and estimates (as determined by
the committee making such submission) with respect to
all matters set forth in subsections (a) and (b) which re-
late to matters within the jurisdiction or functions of such
committee. The Joint Economic Committee shall submit
to the Committees on the Budget of both Houses its rec-
ommendations as to the fiscal policy appropriate to the
goals of the Employment Act of 1946. Any other com-
mittee of the House of Representatives or the Senate may
submit to the Committee on the Budget of its House, and
any joint committee of the Congress may submit to the
Committees on the Budget of both Houses, its views and
estimates with respect to all matters set forth in sub-
sections (a) and (b) which relate to matters within its ju-
risdiction or functions. Any other committee of the House
of Representatives or the Senate that anticipates that the
committee will consider legislation establishing, amending,
or reauthorizing any Federal program likely to have a sig-
nificant budgetary impact on any State, local, or tribal
government, or likely to have a significant financial impact
on the private sector, including any legislative proposal
submitted by the executive branch likely to have such a
budgetary or financial impact, shall include its views and
estimates on that proposal to the Committee on the Budg-
et of the applicable House.
‘‘(e) HEARINGS AND REPORT.—
‘‘(1) IN GENERAL.—In developing the joint res-
olution on the budget referred to in subsection (a)
for each fiscal year, the Committee on the Budget
of each House shall hold hearings and shall receive
testimony from Members of Congress and such ap-
propriate representatives of Federal departments
and agencies, the general public, and national orga-
nizations as the committee deems desirable. Each of
the recommendations as to short-term and medium-
term goal set forth in the report submitted by the
members of the Joint Economic Committee under
subsection (d) may be considered by the Committee
on the Budget of each House as part of its consider-
ation of such concurrent resolution, and its report
may reflect its views thereon, including its views on
how the estimates of revenues and levels of budget
authority and outlays set forth in such concurrent
resolution are designed to achieve any goals it is rec-
ommending.
‘‘(2) REQUIRED CONTENTS OF REPORT.—The
report accompanying the resolution shall include—
‘‘(A) new budget authority and outlays for
each major functional category, based on alloca-
tions of the total levels set forth pursuant to
subsection (a)(1);
‘‘(B) a comparison of the levels of total
new budget authority, total outlays, total reve-
nues, and the surplus or deficit for each fiscal
year set forth in the resolution with those re-
quested in the budget submitted by the Presi-
dent;
‘‘(C) with respect to each major functional
category, an estimate of total new budget au-
thority and total outlays, with the estimates di-
vided between discretionary and direct spending
amounts;
‘‘(D) a measure, as a percentage of gross
domestic product, of total outlays, total Federal
revenues, the surplus or deficit, and new out-
lays for nondefense discretionary spending, de-
fense spending, and direct spending as set forth
in such resolution;
‘‘(E) the economic assumptions that un-
derlie each of the matters set forth in the reso-
lution and any alternative economic assump-
tions and objectives the committee considered;
‘‘(F) information, data, and comparisons
indicating the manner in which, and the basis
on which, the committee determined each of the
matters set forth in the resolution;
‘‘(G) a justification for allocating any new
budget authority and outlays for any new pro-
gram, project, or activity to a committee for
which such new budget authority and outlays
would not be subject to discretionary appropria-
tions;
‘‘(H)
allocations
described
in
section
302(a);
‘‘(I) the estimated levels of tax expendi-
tures (the tax expenditures budget) by major
items and functional categories for the Presi-
dent’s budget and in the resolution; and
‘‘(J) if the joint resolution on the budget
includes any allocation to a committee (other
than the Committee on Appropriations) of levels
in excess of current law levels, a justification
for not subjecting any program, project, or ac-
tivity (for which the allocation is made) to an-
nual discretionary appropriation.’’.
‘‘(3) ADDITIONAL CONTENTS OF REPORT.—The
report accompanying the resolution may include—
‘‘(A) reconciliation directives described in
section 310;
‘‘(B)
a
statement
of
any
significant
changes in the proposed levels of Federal assist-
ance to State and local governments;
‘‘(C) an allocation of the level of Federal
revenues recommended in the resolution among
the major sources of such revenues; and
‘‘(D) other matters, relating to the budget
and to fiscal policy, that the committee deems
appropriate.
‘‘(f) ACHIEVEMENT OF GOALS FOR REDUCING UN-
EMPLOYMENT.—
(1) If, pursuant to section 4(c) of the Employ-
ment Act of 1946, the President recommends in the
Economic Report that the goals for reducing unem-
ployment set forth in section 4(b) of such Act be
achieved in a year after the close of the five-year pe-
riod prescribed by such subsection, the concurrent
resolution on the budget for the fiscal year begin-
ning after the date on which such Economic Report
is received by the Congress may set forth the year
in which, in the opinion of the Congress, such goals
can be achieved.
‘‘(2) After the Congress has expressed its opin-
ion pursuant to paragraph (1) as to the year in
which the goals for reducing unemployment set forth
in section 4(b) of the Employment Act of 1946 can
be achieved, if, pursuant to section 4(e) of such Act,
the President recommends in the Economic Report
that such goals be achieved in a year which is dif-
ferent from the year in which the Congress has ex-
pressed
its
opinion
that
such
goals
should
be
achieved, either in its action pursuant to paragraph
(1) or in its most recent action pursuant to this
paragraph, the concurrent resolution on the budget
for the fiscal year beginning after the date on which
such Economic Report is received by the Congress
may set forth the year in which, in the opinion of
the Congress, such goals can be achieved.
‘‘(3) It shall be in order to amend the provision
of such resolution setting forth such year only if the
amendment thereto also proposes to alter the esti-
mates, amounts, and levels (as described in sub-
section (a)) set forth in such resolution in germane
fashion in order to be consistent with the economic
goals (as described in sections 3(a)(2) and (4)(b) of
the Employment Act of 1946) which such amend-
ment proposes can be achieved by the year specified
in such amendment.
‘‘(g) ECONOMIC ASSUMPTIONS.—
‘‘(1) It shall not be in order in the Senate to
consider any joint resolution on the budget for a fis-
cal year, or any amendment thereto, or any con-
ference report thereon, that sets forth amounts and
levels that are determined on the basis of more than
one set of economic and technical assumptions.
‘‘(2) The joint explanatory statement accom-
panying a conference report on a joint resolution on
the budget shall set forth the common economic as-
sumptions upon which such joint statement and con-
ference report are based, or upon which any amend-
ment contained in the joint explanatory statement to
be proposed by the conferees in the case of technical
disagreement, is based.
‘‘(3) Subject to periodic reestimation based on
changed economic conditions or technical estimates,
determinations under titles III and IV of the Con-
gressional Budget Act of 1974 shall be based upon
such common economic and technical assumptions.
‘‘(h) BUDGET COMMITTEES CONSULTATION WITH
COMMITTEES.—The Committee on the Budget of the
House of Representatives shall consult with the commit-
tees of its House having legislative jurisdiction during the
preparation, consideration, and enforcement of the joint
resolution on the budget with respect to all matters which
relate to the jurisdiction or functions of such committees.
‘‘(i) SOCIAL SECURITY POINT OF ORDER.—It shall
not be in order in the Senate to consider any concurrent
resolution on the budget (or amendment, motion, or con-
ference report on the resolution) that would decrease the
excess of social security revenues over social security out-
lays in any of the fiscal years covered by the concurrent
resolution. No change in chapter 1 of the Internal Revenue
Code of 1986 shall be treated as affecting the amount of
social security revenues unless such provision changes the
income tax treatment of social security benefits.’’.
(b) 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, and direct spending,
and, if deemed necessary, other subsets of discre-
tionary spending and of direct spending;
‘‘(E) the level of the statutory limit on the pub-
lic debt; and
‘‘(F) for fiscal years to which the amendments
made by title II of the Comprehensive Budget Proc-
ess Reform Act of 1999 apply, subtotals of new
budget authority and outlays for emergencies, in-
cluding subtotals for direct spending and discre-
tionary spending.
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 4 ensuing fiscal
years.’’.
(2) The third sentence of section 1105(a) of title 31,
United States Code, is amended by inserting ‘‘submission’’
after ‘‘budget’’.
(c) 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) Any joint reso-
lution on the budget or any amendment thereto or con-
ference report thereon that contains any matter not speci-
fied in section 301(a) or (b) shall not be treated in the
House of Representatives or the Senate as a budget reso-
lution under subsection (a) or (b) or as a conference report
on a budget resolution under subsection (c) of this section.
‘‘(2) 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 referred
to in paragraph (1).’’.
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
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 ‘‘April 15’’ and insert-
ing the following: ‘‘the date upon which a joint resolution
on the budget for a fiscal year is enacted’’.
(3) Section 3 of the Congressional Budget and Im-
poundment Control Act of 1974 is amended by adding at
the end the following new paragraph:
‘‘(11) The term ‘vetoes’ means, when referring
to a joint resolution on the budget for a fiscal year,
whenever the President returns such resolution with
his objections to the House in which it originated
within ten days after receiving the resolution or does
not sign the resolution and cannot return it due to
a congressional adjournment that occurs before the
ten-day time limit.’’.
(4)(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),’’.
(b) 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 at
the end 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
chairman of the Committee on Budget of the House of
Representatives or Senate may introduce a concurrent res-
olution 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 reso-
lution referred to it within three legislative days after the
date of such referral, the committee shall be automatically
discharged from further consideration of such resolution
and such resolution shall be placed on the appropriate cal-
endar.
‘‘(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.—
The contents of any concurrent resolution on the budget
introduced under subsection (a) shall be in compliance
with sections 301 and 305.
‘‘(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 accompanying report to such concurrent resolution
shall be considered to be the aggregates, allocations, and
reconciliation directives for all purposes of this title 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 reso-
lution on the budget shall be deemed to be a reference
to the date agreed to when applied to such concurrent res-
olution.’’.
(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. REAFFIRMING SPECIAL BUDGETARY STATUS OF
SOCIAL SECURITY.
(a) IN GENERAL.—Title III of the Congressional
Budget Act of 1974 (as amended by section 104(b)) is
further amended by adding at the end the following new
section:
‘‘SOCIAL SECURITY
‘‘SEC. 317. (a) IN GENERAL.—The joint resolution
on the budget shall not include the outlays and revenue
totals of the old age, survivors, and disability insurance
program established under title II of the Social Security
Act or the related provisions of the Internal Revenue Code
of 1986 in the surplus or deficit totals required by section
301(a), in any other surplus or deficit totals required by
this Act, or in any other surplus or deficit totals required
by chapter 11 of title 31, United States Code.
‘‘(b) LIMITATION ON CHANGES TO THE SOCIAL SE-
CURITY ACT.—Notwithstanding any other provision of
law, it shall not be in order in the Senate or the House
of Representatives to consider any reconciliation bill or
reconciliation resolution reported pursuant to a joint reso-
lution on the budget agreed to under section 301 or 304,
or a joint resolution pursuant to section 258C of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
or any amendment thereto or conference report thereon,
that contains recommendations with respect to the old-
age, survivors, and disability insurance program estab-
lished under title II of the Social Security Act.
‘‘(c) EXCLUSION OF SOCIAL SECURITY FROM ALL
BUDGETS.—Notwithstanding any other provision of law,
the receipts and disbursements of the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal Dis-
ability Insurance Trust Fund shall not be counted as new
budget authority, outlays, receipts, or deficit or surplus
for purposes of—
‘‘(1) the budget of the United States Govern-
ment as submitted by the President,
‘‘(2) the congressional budget, or
‘‘(3) the Balanced Budget and Emergency Def-
icit Control Act of 1985.
‘‘(d) PROTECTION OF OASDI TRUST FUNDS IN THE
HOUSE OF REPRESENTATIVES.—(1) It shall not be in
order in the House of Representatives to consider any bill
or joint resolution, as reported, or any amendment thereto
or conference report thereon, if, upon enactment—
‘‘(A)(i)
such
legislation
under
consideration
would provide for a net increase in OASDI benefits
of at least 0.02 percent of the present value of fu-
ture taxable payroll for the 75-year period utilized in
the most recent annual report of the Board of
Trustees provided pursuant to section 201(c)(2) of
the Social Security Act, and (ii) such legislation
under consideration does not provide at least a net
increase, for such 75-year period, in OASDI taxes of
the amount by which the net increase in such bene-
fits exceeds 0.02 percent of the present value of fu-
ture taxable payroll for such 75-year period,
‘‘(B)(i)
such
legislation
under
consideration
would provide for a net increase in OASDI benefits
(for the 5-year estimating period for such legislation
under consideration), (ii) such net increase, together
with the net increases in OASDI benefits resulting
from previous legislation enacted during that fiscal
year or any of the previous 4 fiscal years (as esti-
mated at the time of enactment) which are attrib-
utable to those portions of the 5-year estimating pe-
riods for such previous legislation that fall within
the 5-year estimating period for such legislation
under consideration, exceeds $250,000,000, and (iii)
such legislation under consideration does not provide
at least a net increase, for the 5-year estimating pe-
riod for such legislation under consideration, in
OASDI taxes which, together with net increases in
OASDI taxes resulting from such previous legisla-
tion which are attributable to those portions of the
5-year estimating periods for such previous legisla-
tion that fall within the 5-year estimating period for
such
legislation
under
consideration,
equals
the
amount by which the net increase derived under
clause (ii) exceeds $250,000,000;
‘‘(C)(i)
such
legislation
under
consideration
would provide for a net decrease in OASDI taxes of
at least 0.02 percent of the present value of future
taxable payroll for the 75-year period utilized in the
most recent annual report of the Board of Trustees
provided pursuant to section 201(c)(2) of the Social
Security Act, and (ii) such legislation under consid-
eration does not provide at least a net decrease, for
such 75-year period, in OASDI benefits of the
amount by which the net decrease in such taxes ex-
ceeds 0.02 percent of the present value of future
taxable payroll for such 75-year period, or
‘‘(D)(i)
such
legislation
under
consideration
would provide for a net decrease in OASDI taxes
(for the 5-year estimating period for such legislation
under consideration), (ii) such net decrease, together
with the net decreases in OASDI taxes resulting
from previous legislation enacted during that fiscal
year or any of the previous 4 fiscal years (as esti-
mated at the time of enactment) which are attrib-
utable to those portions of the 5-year estimating pe-
riods for such previous legislation that fall within
the 5-year estimating period for such legislation
under consideration, exceeds $250,000,000, and (iii)
such legislation under consideration does not provide
at least a net decrease, for the 5-year estimating pe-
riod for such legislation under consideration, in
OASDI benefits which, together with net decreases
in OASDI benefits resulting from such previous leg-
islation which are attributable to those portions of
the 5-year estimating periods for such previous legis-
lation that fall within the 5-year estimating period
for such legislation under consideration, equals the
amount by which the net decrease derived under
clause (ii) exceeds $250,000,000.
‘‘(2) APPLICATION.—In applying subparagraph (C)
or (D) of paragraph (1), any provision of any bill or joint
resolution, as reported, or any amendment thereto, or con-
ference report thereon, the effect of which is to provide
for a net decrease for any period in taxes described in
paragraph (3)(B)(i) shall be disregarded if such bill, joint
resolution, amendment, or conference report also includes
a provision the effect of which is to provide for a net in-
crease of at least an equivalent amount for such period
in medicare taxes.
‘‘(3) DEFINITIONS.—For purposes of this subsection:
‘‘(A) The term ‘OASDI benefits’ means the
benefits under the old-age, survivors, and disability
insurance programs under title II of the Social Secu-
rity Act.
‘‘(B) The term ‘OASDI taxes’ means—
‘‘(i)
the
taxes
imposed
under
sections
1401(a), 3101(a), and 3111(a) of the Internal
Revenue Code of 1986, and
‘‘(ii) the taxes imposed under chapter 1 of
such Code (to the extent attributable to section
86 of such Code).
‘‘(C) The term ‘medicare taxes’ means the taxes
imposed
under
sections
1401(b),
3101(b),
and
3111(b) of the Internal Revenue Code of 1986.
‘‘(D) The term ‘previous legislation’ shall not
include legislation enacted before fiscal year 1991.
‘‘(E)
The
term
‘5-year
estimating
period’
means, with respect to any legislation, the fiscal year
in which such legislation becomes or would become
effective and the next 4 fiscal years.
‘‘(F) No provision of any bill or resolution, or
any amendment thereto or conference report there-
on, involving a change in chapter 1 of the Internal
Revenue Code of 1986 shall be treated as affecting
the amount of OASDI taxes referred to in subpara-
graph (B)(ii) unless such provision changes the in-
come tax treatment of OASDI benefits.
‘‘(e)
PRESENTATION
OF
BUDGETARY
AGGRE-
GATES.—For purposes of chapter 11 of title 31, United
States Code, or this Act, tables and other displays of
budgetary aggregates for the United States Government
of the Director of the Office of Management and Budget
or the Director of the Congressional Budget Office shall
not include social security revenues or outlays.’’.
(b) AMENDMENT TO TABLE OF CONTENTS.—The
table of contents set forth in section 1(b) of the Congres-
sional Budget and Impoundment Control Act of 1974 is
amended by inserting after the item relating to section
316 the following new item:
‘‘Sec. 317. Social security.’’.
SEC.
106. 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 300, 302, 303, 304, 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 striking ‘‘concurrent’’ each place it appears and by in-
serting ‘‘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) Section 304 of such Act is amended by striking
‘‘concurrent resolution on the budget for such fiscal year
most recently agreed to’’ and inserting ‘‘most recently en-
acted joint resolution on the budget or agreed to concur-
rent resolution on the budget (as applicable) for such
year’’.
(C) Sections 302, 303, 304, 308, 310, 311, and 401
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.’’; and
(iii) by striking ‘‘concurrent’’ and inserting
‘‘joint’’ in the items relating to sections 304 and
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 by 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 by
inserting ‘‘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 106(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 (as
amended by section 104(a)(3)) is further amended by add-
ing at the end the following new paragraph:
‘‘(12) 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 FUNDS 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.—Section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is repealed.
(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).
SEC. 203. OMB EMERGENCY CRITERIA.
Section 3 of the Congressional Budget and Impound-
ment Control Act of 1974 (as amended by sections
104(a)(3) and 106(e)) is further amended by adding at
the end the following new paragraph:
‘‘(13)(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.
‘‘(B) As used in subparagraph (A), the term
‘unanticipated’ means that the underlying situation
is—
‘‘(i) sudden, which means quickly coming
into being or not building up over time;
‘‘(ii) urgent, which means a pressing and
compelling need requiring immediate action;
‘‘(iii) unforeseen, which means not pre-
dicted or anticipated as an emerging need; and
‘‘(iv) temporary, which means not of a per-
manent duration.’’.
SEC. 204. DEVELOPMENT OF GUIDELINES FOR APPLICA-
TION OF EMERGENCY DEFINITION.
Not later than 5 months after the date of enactment
of this Act, the chairmen of the Committees on the Budget
(in consultation with the President) shall, after consulting
with the chairmen of the Committees on Appropriations
and applicable authorizing committees of their respective
Houses and the Directors of the Congressional Budget Of-
fice and the Office of Management and Budget, jointly
publish in the Congressional Record guidelines for applica-
tion of the definition of emergency set forth in section
3(13) of the Congressional Budget and Impoundment
Control Act of 1974.
SEC. 205. RESERVE FUNDS FOR EMERGENCIES IN PRESI-
DENT’S BUDGET.
Section 1105(f) of title 31, United States Code is
amended by adding at the end the following new sentence:
‘‘Such budget shall also comply with the requirements of
section 314(f) of the Congressional Budget Act of 1974.’’.
SEC. 206. ADJUSTMENTS AND RESERVE FUNDS FOR EMER-
GENCIES IN JOINT BUDGET RESOLUTIONS.
(a) ADJUSTMENTS FOR EMERGENCIES.—(1) Section
314(a) of the Congressional Budget Act of 1974 is amend-
ed to read as follows:
‘‘(a) ADJUSTMENTS.—
‘‘(1) IN GENERAL.—After the reporting of a bill
or joint resolution, the offering of an amendment
thereto, or the submission of a conference report
thereon, the chairman of the Committee on the
Budget of the House of Representatives or the Sen-
ate shall make the adjustments set forth in para-
graph (2) for the amount of new budget authority
(or outlays) in that measure (if that measure meets
the requirements set forth in subsection (b)) and the
outlays flowing from that budget authority.
‘‘(2) MATTERS TO BE ADJUSTED.—The adjust-
ments referred to in paragraph (1) are to be made
to—
‘‘(A) the discretionary spending limits in
the Senate, if any, set forth in the appropriate
joint resolution on the budget;
‘‘(B) the allocations made pursuant to the
appropriate joint resolution on the budget pur-
suant to section 302(a); and
‘‘(C) the budgetary aggregates as set forth
in the appropriate joint resolution on the budg-
et;
but in the case of subsection (b)(1), the adjustments
shall only be made to the allocations.’’.
(2) Section 314(b)(1) of the Congressional Budget
Act of 1974 is amended to read as follows:
‘‘(1) an amount not to exceed the amount re-
served for emergencies pursuant to the requirements
of subsection (f);’’.
(b) ESTABLISHMENT OF RESERVE FUNDS.—Section
314 of the Congressional Budget Act of 1974 is amended
by adding at the end the following new subsections:
‘‘(f) RESERVE FUNDS FOR EMERGENCIES.—
‘‘(1)
RESERVE
FUND
FOR
DISCRETIONARY
BUDGET AUTHORITY AND OUTLAYS.—
‘‘(A) AMOUNTS.—The amount set forth in
the reserve fund for emergencies for discre-
tionary budget authority and outlays for a fiscal
year
pursuant
to
section
301(a)(6)
shall
equal—
‘‘(i) the average of the enacted levels
of discretionary budget authority for emer-
gencies in the 5 fiscal years preceding the
current year; and
‘‘(ii) the average of the levels of out-
lays in such 5 preceding fiscal years for
emergencies flowing from enacted levels of
discretionary budget authority.
‘‘(B) AVERAGE DISCRETIONARY LEVELS.—
For purposes of subparagraph (A), the amount
used for a fiscal year to calculate the average
of the enacted levels when one or more of such
5 preceding fiscal years is any of fiscal years
1994 through 1998 is as follows: the amount of
enacted levels of discretionary budget authority
and the amount of outlays flowing therefrom
for emergencies, which shall be determined by
the Committees on the Budget of the House of
Representatives and the Senate after receipt of
a report on such matter transmitted to such
committees by the Director of the Congressional
Budget Office 6 months after the date of enact-
ment of this subsection and thereafter in Feb-
ruary of each calendar year.
‘‘(2) RESERVE
FUND
FOR
DIRECT
SPENDING
BUDGET AUTHORITY AND OUTLAYS.—
‘‘(A) AMOUNTS.—The amount set forth in
the reserve fund for emergencies for direct
spending for a fiscal year pursuant to section
301(a)(6) shall equal—
‘‘(i) the average annual enacted levels
of direct spending budget authority for
emergencies in the 5 fiscal years preceding
the current year; and
‘‘(ii) the average annual level of out-
lays in such 5 preceding fiscal years for
emergencies flowing from enacted levels of
direct spending.
‘‘(B) AVERAGE
DIRECT
SPENDING
LEV-
ELS.—For purposes of subparagraph (A), the
amount used for a fiscal year to calculate the
average of the enacted levels when one or more
of such 5 preceding fiscal years is any of fiscal
years 1994 through 1998 is as follows: the
amount of enacted levels of direct spending
budget authority and the amount of outlays
flowing therefrom for emergencies, which shall
be determined by the Committees on the Budg-
et of the House of Representatives and the Sen-
ate after receipt of a report on such matter
transmitted to such committees by the Director
of the Congressional Budget Office 6 months
after the date of enactment of this subsection
and thereafter in February of each calendar
year.
‘‘(3) INCREASED ALLOCATIONS.—In the case of
legislation that provides budget authority for any
emergency pursuant to subsection (h), the chairman
of the Committee on the Budget shall make an ad-
justment under subsection (a)(1) only to the applica-
ble allocation if the chairman determines and cer-
tifies that such outlays or budget authority and the
resulting outlays are for an emergency within the
meaning of section 3(13).
‘‘(g) EMERGENCIES IN EXCESS OF AMOUNTS IN RE-
SERVE FUNDS.—Whenever the Committee on Appropria-
tions or any other committee reports any bill or joint reso-
lution that provides budget authority for any emergency
and the report accompanying that bill or joint resolution,
pursuant to subsection (h), identifies any provision that
increases outlays or provides budget authority (and the
outlays flowing therefrom) for such emergency, the enact-
ment of which would cause the total amount provided for
emergencies in the joint resolution on the budget (pursu-
ant to section 301(a)(6)) to be exceeded and that emer-
gency is certified as an emergency pursuant to section
(f)(3):
‘‘(1) Such bill or joint resolution shall be re-
ferred to the Committee on the Budget of the House
or the Senate, as the case may be, with instructions
to report it without amendment, other than that
specified in paragraph (2), within 3 legislative days
of the day in which it is reported from the origi-
nating committee. If the Committee on the Budget
of either House fails to report a bill or joint resolu-
tion referred to it under this paragraph within such
3-day period, the committee shall be automatically
discharged from further consideration of such bill or
joint resolution and such bill or joint resolution shall
be placed on the appropriate calendar.
‘‘(2) An amendment to such a bill or joint reso-
lution referred to in this subsection shall only consist
of an exemption from section 251 or 252 (as appli-
cable) of the Balanced Budget and Emergency Def-
icit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the
outlays flowing therefrom) for such emergency if the
committee determines that such emergency meets
the criteria set forth in subsection (f).
‘‘(3) If such a bill or joint resolution is reported
with an amendment specified in paragraph (2) by
the Committee on the Budget of the House of Rep-
resentatives or the Senate, then the budget authority
and resulting outlays that are the subject of such
amendment shall not be included in any determina-
tions under section 302(f) or 311(a) for any bill,
joint resolution, amendment, motion, or conference
report.’’.
(c) CONFORMING AMENDMENTS.—(1) The section
heading of section 314 of the Congressional Budget Act
of 1974 is amended to read as follows:
‘‘ADJUSTMENTS; RESERVE FUNDS FOR EMERGENCIES’’.
(2) The item relating to section 314 in the table of
contents set forth in section 1(b) of the Congressional
Budget and Impoundment Control Act of 1974 is amend-
ed to read as follows:
‘‘Sec. 314. Adjustments; reserve funds for emergencies.’’.
SEC. 207. COMMITTEE NOTIFICATION OF EMERGENCY LEG-
ISLATION.
Section 314 of the Congressional Budget Act of 1974
(as amended by section 206) is further amended by adding
at the end the following new subsection:
‘‘(h) COMMITTEE NOTIFICATION
OF EMERGENCY
LEGISLATION.—Whenever the Committee on Appropria-
tions or any other committee of either House (including
a committee of conference) reports any bill or joint resolu-
tion that provides budget authority for any emergency, the
report accompanying that bill or joint resolution (or the
joint explanatory statement of managers in the case of a
conference report on any such bill or joint resolution) shall
identify all provisions that provide budget authority and
the outlays flowing therefrom for such emergency.’’.
SEC. 208. APPLICATION OF SECTION 306 TO EMERGENCIES
IN EXCESS OF AMOUNTS IN RESERVE FUNDS.
Section 306 of the Congressional Budget Act of 1974
is amended by inserting at the end the following new sen-
tence: ‘‘No amendment reported by the Committee on the
Budget (or from the consideration of which such com-
mittee has been discharged) pursuant to section 314(g)
may be amended.’’.
SEC. 209. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act
of 1974 is amended by striking ‘‘and’’ at the end of sub-
paragraph (B), by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’, and by adding at
the end the following new subparagraph:
‘‘(D) shall include an up-to-date tabulation
of amounts remaining in the reserve funds for
emergencies.’’.
SEC. 210. REPORT OF COMMITTEES ON THE BUDGET.
Section 301(e)(2) of the Congressional Budget Act
of 1974 (as amended by section 103(b)) is further amend-
ed by striking ‘‘and’’ after subparagraph (F), by striking
the period at the end of subparagraph (G) and inserting
‘‘; and’’, and by adding at the end the following new sub-
paragraph:
‘‘(H) the average annual enacted levels
of—
‘‘(i)
discretionary
budget
authority
and the resulting outlays for emergencies;
and
‘‘(ii) direct spending budget authority
and the resulting outlays for emergencies;
for the 5 fiscal years preceding the fiscal year
of such resolution.’’.
SEC. 211. PROHIBITION ON AMENDMENTS TO EMERGENCY
RESERVE FUNDS.
(a) POINT OF ORDER.—Section 305 of the Congres-
sional Budget Act of 1974 (as amended by section 103(c))
is further amended by adding at the end the following new
subsection:
‘‘(f) It shall not be in order in the House of Rep-
resentatives or in the Senate to consider an amendment
to a joint resolution on the budget which changes the
amount of budget authority and outlays set forth in sec-
tion 301(a)(6) for emergency reserve funds.’’.
(b) TECHNICAL AMENDMENT.—(1) Section 904(c)(1)
of the Congressional Budget Act of 1974 is amended by
inserting ‘‘section 305(e), section 305(f),’’ after ‘‘section
305(c)(4),’’.
(2) Section 904(d)(2) of the Congressional Budget
Act of 1974 is amended by inserting ‘‘section 305(e), sec-
tion 305(f),’’ after ‘‘section 305(c)(4),’’.
SEC. 212. EFFECTIVE DATE.
The amendments made by this title shall take effect
only after the enactment of legislation changing or extend-
ing for any fiscal year any of the discretionary spending
limits set forth in section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985 and such amend-
ments shall apply to fiscal years determined as follows:
(1) Fiscal years beginning after the fiscal year
in which such effective date occurs if such effective
date occurs on or before April 15 of such fiscal year.
(2) Fiscal years beginning after the first fiscal
year after the fiscal year in which such effective date
occurs if such effective date occurs after April 15 of
the fiscal year in which such effective date occurs.
TITLE III—ENFORCEMENT OF
BUDGETARY DECISIONS
SEC. 301. PURPOSES.
The purposes of this title are to—
(1) close loopholes in the enforcement of budget
resolutions;
(2) require committees of the House of Rep-
resentatives to include budget compliance statements
in reports accompanying all legislation;
(3) require committees of the House of Rep-
resentatives to justify the need for waivers of the
Congressional Budget Act of 1974; and
(4) provide cost estimates of conference reports.
Subtitle A—Application of Points of
Order to Unreported Legislation
SEC. 311. APPLICATION OF BUDGET ACT POINTS OF ORDER
TO UNREPORTED LEGISLATION.
(a) Section 315 of the Congressional Budget Act of
1974 is amended by striking ‘‘reported’’ the first place it
appears.
(b) Section 303(b) of the Congressional Budget Act
of 1974 (as amended by section 104(a)(1)) is further
amended—
(1) in paragraph (1), by striking ‘‘(A)’’ and by
redesignating subparagraph (B) as paragraph (2)
and by striking the semicolon at the end of such new
paragraph (2) and inserting a period; and
(2) by striking paragraph (2) (as redesignated
by such section 104(a)(1)).
Subtitle B—Compliance with
Budget Resolution
SEC. 321. BUDGET COMPLIANCE STATEMENTS.
Clause 3(d) of rule XIII of the Rules of the House
of Representatives is amended by adding at the end the
following new subparagraph:
‘‘(4) A budget compliance statement prepared
by the chairman of the Committee on the Budget,
if timely submitted prior to the filing of the report,
which shall be comprised of an assessment by such
chairman as to whether the bill or joint resolution
complies with the requirements of sections 302, 303,
311, and 401 of the Congressional Budget Act of
1974 and may include the budgetary implications of
that bill or joint resolution under section 251 or 252
of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985, as applicable.’’.
Subtitle C—Justification for
Budget Act Waivers
SEC. 331. JUSTIFICATION FOR BUDGET ACT WAIVERS IN
THE HOUSE OF REPRESENTATIVES.
Clause 6 of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the fol-
lowing new paragraph:
‘‘(h) It shall not be in order to consider any resolution
from the Committee on Rules for the consideration of any
reported bill or joint resolution which waives section 302,
303, 311, or 401 of the Congressional Budget Act of
1974, unless the report accompanying such resolution in-
cludes a description of the provision proposed to be
waived, an identification of the section being waived, the
reasons why such waiver should be granted, and an esti-
mated cost of the provisions to which the waiver applies.’’.
Subtitle D—CBO Scoring of
Conference Reports
SEC. 341. CBO SCORING OF CONFERENCE REPORTS.
(a) The first sentence of section 402 of the Congres-
sional Budget Act of 1974 is amended as follows:
(1) Insert ‘‘or conference report thereon,’’ be-
fore ‘‘and submit’’.
(2) In paragraph (1), strike ‘‘bill or resolution’’
and insert ‘‘bill, resolution, or conference report’’.
(3) At the end of paragraph (2) strike ‘‘and’’,
at the end of paragraph (3) strike the period and in-
sert ‘‘; and’’, and after such paragraph (3) add the
following new paragraph:
‘‘(4) A determination of whether such bill, joint
resolution, or conference report provides indefinite
spending authority.’’.
(b) The second sentence of section 402 of the Con-
gressional Budget Act of 1974 is amended by inserting
before the period the following: ‘‘, or in the case of a con-
ference report, shall be included in the joint explanatory
statement of managers accompanying such conference re-
port if timely submitted before such report is filed’’.
TITLE IV—ACCOUNTABILITY
FOR FEDERAL SPENDING
SEC. 401. PURPOSES.
The purposes of this title are to—
(1) require committees to develop a schedule for
reauthorizing all programs within their jurisdictions;
(2) facilitate amendments to subject new enti-
tlement programs to annual discretionary appropria-
tions;
(3) require the Committee on the Budget to
justify any allocation to an authorizing committee
for legislation that would not be subject to annual
discretionary appropriation;
(4) provide estimates of the long-term impact of
spending and tax legislation;
(5) provide a point of order for legislation cre-
ating a new entitlement program that does not ex-
pire within 10 years; and
(6) require a vote in the House of Representa-
tives on any measure that increases the statutory
limit on the public debt.
Subtitle A—Prohibitions on
Indefinite Spending
SEC. 411. FIXED-YEAR AUTHORIZATIONS REQUIRED FOR
NEW PROGRAMS.
(a) IN GENERAL.—Section 401 of the Congressional
Budget Act of 1974 is amended—
(1) by striking subsections (a) and (b) and in-
serting the following new subsection:
‘‘(a)
PROHIBITION
ON
INDEFINITE
AUTHORIZA-
TIONS.—It shall not be in order in the House of Rep-
resentatives or in the Senate to consider a bill or joint
resolution, or an amendment, motion, or conference report
that provides direct spending for a new program, unless
such spending is limited to a period of 10 or fewer fiscal
years.’’;
(2) by redesignating subsection (c) as sub-
section (b) and by striking ‘‘Subsections (a) and (b)
each place it appears and inserting ‘‘Subsection (a)’’
in such redesignated subsection (b); and
(3) by amending the section heading to read as
follows:
‘‘FIXED-YEAR AUTHORIZATIONS REQUIRED FOR DIRECT
SPENDING’’.
(b) CONFORMING AMENDMENT.—The item relating
to section 401 in the table of contents set forth in section
1(b) of the Congressional Budget and Impoundment Con-
trol Act of 1974 is amended to read as follows:
‘‘Sec. 401. Fixed-year authorizations required for direct spending.’’.
(c) PROHIBITION ON INDEFINITE AUTHORIZATION
OF DISCRETIONARY APPROPRIATIONS.—Rule XXI of the
Rules of the House of Representatives is amended by add-
ing at the end the following new clause:
‘‘6. It shall not be in order to consider any bill, joint
resolution, amendment, or conference report that author-
izes the appropriation of new budget authority, as defined
in section 3(2)(C) of the Congressional Budget and Im-
poundment Control Act of 1974, unless such authorization
is specifically provided for a period of 10 or fewer fiscal
years.’’.
SEC. 412. AMENDMENTS TO SUBJECT NEW ENTITLEMENTS
TO ANNUAL APPROPRIATIONS.
(a) HOUSE PROCEDURES.—Clause 5 of rule XVIII
of the Rules of the House of Representatives is amended
by adding at the end the following new paragraph:
‘‘(c)(1) In the Committee of the Whole, an amend-
ment to subject a new program providing direct spending
to discretionary appropriations, if offered by the chairman
of the Committee on the Budget (or his designee) or the
chairman of the Committee of Appropriations (or his des-
ignee), may be precluded from consideration only by the
specific terms of a special order of the House. Any such
amendment, if offered, shall be debatable for twenty min-
utes equally divided and controlled by the proponent of
the amendment and a Member opposed and shall not be
subject to amendment.
‘‘(2) As used in subparagraph (1), the term ‘direct
spending’ has the meaning given such term in section
3(12) of the Congressional Budget and Impoundment
Control Act of 1974.’’.
(b) ADJUSTMENT
OF DISCRETIONARY SPENDING
LIMITS FOR DISCRETIONARY APPROPRIATIONS OFFSET
BY MANDATORY SAVINGS.—
(1) PURPOSE.—The purpose of the amend-
ments made by this subsection is to hold the discre-
tionary spending limits and the allocations made to
the Committee on Appropriations under section
302(a) of the Congressional Budget Act of 1974
harmless for legislation that offsets a new discre-
tionary program with a designated reduction in di-
rect spending.
(2) DESIGNATING
ENTITLEMENT
SAVINGS
IN
AUTHORIZATION
LEGISLATION
FOR
NEW
DISCRE-
TIONARY PROGRAMS.—Section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985
(as amended by section 202) is further amended by
adding at the end the following new subsection:
‘‘(e) OFFSETS.—If a provision of direct spending leg-
islation is enacted that—
‘‘(1) decreases direct spending for any fiscal
year; and
‘‘(2) is designated as an offset pursuant to this
subsection and such designation specifically identi-
fies an authorization of discretionary appropriations
(contained in such legislation) for a new program,
then the reductions in new budget authority and outlays
in all fiscal years resulting from that provision shall be
designated as an offset in the reports required under sub-
section (d).’’.
(3) EXEMPTING SUCH DESIGNATED ENTITLE-
MENT SAVINGS FROM PAYGO SCORECARD.—Section
252(d)(4) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (as amended by section
202(b)) is further amended by adding at the end the
following new subparagraph:
‘‘(B) offset provisions as designated under
subsection (e).’’.
(4) ADJUSTMENT IN DISCRETIONARY SPENDING
LIMITS.—Section 251(b)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is
amended by adding at the end the following new
subparagraph:
‘‘(H)
DISCRETIONARY
AUTHORIZATION
OFFSETS.—If an authorization Act includes one
or more provisions reducing direct spending and
specifically identifies those provisions as offsets
pursuant to section 252(e), the adjustments
shall be an increase in the budget authority and
outlay caps in each fiscal year equal to the
amount of the budget authority and outlay re-
ductions, respectively, achieved by the specified
offsets in that fiscal year, except that the ad-
justments for the first fiscal year in which the
offsetting provisions take effect shall not exceed
the amount of discretionary new budget author-
ity enacted for the new program (authorized in
that Act) in an Act making discretionary appro-
priations, and the outlays flowing therefrom.’’.
(5) ADJUSTMENT IN APPROPRIATION COMMIT-
TEE’S ALLOCATIONS.—Section 314(b) of the Con-
gressional Budget Act of 1974 is amended by strik-
ing ‘‘; or’’ at the end of paragraph (5), by striking
the period and inserting ‘‘; or’’ at the end of para-
graph (6), and by adding at the end the following
new paragraph:
‘‘(7) the amount appropriated for the program
for which an offset was designated pursuant to sec-
tion 252(e) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and any outlays flowing
therefrom, but not to exceed the amount of the des-
ignated decrease in direct spending for that year for
that program in a prior law.’’.
(6) ADJUSTMENT
IN
AUTHORIZING
COMMIT-
TEE’S ALLOCATIONS.—Section 314 of the Congres-
sional Budget Act of 1974 (as amended by sections
206 and 207) is further amended by adding at the
end the following new subsection:
‘‘(i) ADJUSTMENT IN AUTHORIZING COMMITTEE’S
ALLOCATIONS BY AMOUNT OF DIRECT SPENDING OFF-
SET.—After the reporting of a bill or joint resolution (by
a committee other than the Committee on Appropria-
tions), or the offering of an amendment thereto or the sub-
mission of a conference report thereon, that contains a
provision that decreases direct spending for any fiscal year
and that is designated as an offset pursuant to section
252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the chairman of the Committee on
the Budget shall reduce the allocations of new budget au-
thority and outlays made to such committee under section
302(a)(1) by the amount so designated.’’.
Subtitle
B—Enhanced
Congres-
sional
Oversight
Responsibil-
ities
SEC. 421. TEN-YEAR CONGRESSIONAL REVIEW REQUIRE-
MENT OF PERMANENT BUDGET AUTHORITY.
(a) TIMETABLE
FOR REVIEW.—Clause 2(d)(1) of
rule X of the Rules of the House of Representatives is
amended by striking subdivisions (B) and (C) and insert-
ing the following new subdivision:
‘‘(B) provide in its plans a specific timetable for
its review of those laws, programs, or agencies with-
in its jurisdiction, including those that operate under
permanent budget authority or permanent statutory
authority. Such timetable shall demonstrate that
each law, program, or agency within the committee’s
jurisdiction will be reauthorized at least once every
ten years.’’.
(b) REVIEW OF PERMANENT BUDGET AUTHORITY
BY THE COMMITTEE ON APPROPRIATIONS.—Clause 4(a)
of rule X of the Rules of the House of Representatives
is amended—
(1) by striking subparagraph (2); and
(2) by redesignating subparagraph (3) as sub-
paragraph (2) and by striking ‘‘from time to time’’
and inserting ‘‘at least once each Congress’’ in sub-
paragraph (2) (as redesignated).
(c) CONFORMING AMENDMENT.—Clause 4(e)(2) of
rule X of the Rules of the House of Representatives is
amended by striking ‘‘from time to time’’ and inserting
‘‘at least once every ten years’’.
SEC. 422. JUSTIFICATIONS OF DIRECT SPENDING.
(a) SECTION 302 ALLOCATIONS.—Section 302(a) of
the Congressional Budget Act of 1974 is amended by add-
ing at the end the following new paragraph:
‘‘(6) JUSTIFICATION OF CERTAIN SPENDING AL-
LOCATIONS.—The joint explanatory statement ac-
companying a conference report on a joint resolution
on the budget that includes any allocation to a com-
mittee (other than the Committee on Appropria-
tions) of levels in excess of current law levels shall
set forth a justification for not subjecting any pro-
gram, project, or activity (for which the allocation is
made) to annual discretionary appropriation.’’.
(b) PRESIDENTS’ BUDGET SUBMISSIONS.—Section
1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(33) a justification for not subjecting each
new program to discretionary appropriations.’’.
(c) COMMITTEE JUSTIFICATION FOR DIRECT SPEND-
ING.—The first sentence of clause 4(e)(1) of rule X of the
Rules of the House of Representatives is amended by in-
serting before the period the following: ‘‘, and will provide
specific information in any report accompanying such bills
and joint resolutions to justify why the programs and ac-
tivities involved would not be subject to annual appropria-
tion’’.
SEC. 423. SURVEY OF ACTIVITY REPORTS OF HOUSE COM-
MITTEES.
Clause 1(d) of rule XI of the Rules of the House of
Representatives is amended by redesignating paragraph
(4) as paragraph (5) and by inserting after paragraph (3)
the following new paragraph:
‘‘(4) Such report shall include a summary of and jus-
tifications for all bills and joint resolutions reported by
such committee that—
‘‘(A) were considered before the adoption of the
appropriate budget resolution and did not fall within
an exception set forth in section 303(b) of the Con-
gressional Budget Act of 1974;
‘‘(B)
exceeded
its
allocation
under
section
302(a) of such Act or breached an aggregate level
in violation of section 311 of such Act; or
‘‘(C) contained provisions in violation of section
401(a) of such Act pertaining to indefinite direct
spending authority.
Such report shall also specify the total amount by which
legislation reported by that committee exceeded its alloca-
tion under section 302(a) or breached the revenue floor
under section 311(a) of such Act for each fiscal year dur-
ing that Congress.’’.
SEC. 424. CONTINUING STUDY OF ADDITIONAL BUDGET
PROCESS REFORMS.
Section 703 of the Congressional Budget Act of 1974
is amended as follows:
(1) In subsection (a), strike ‘‘and’’ at the end
of paragraph (3), strike the period at the end of
paragraph (4) and insert ‘‘; and’’, and at the end
add the following new paragraph:
‘‘(5)
evaluating
whether
existing
programs
should be subject to discretionary appropriations and
establishing guidelines for subjecting new or ex-
panded programs to annual appropriation and rec-
ommend any necessary changes in statutory enforce-
ment mechanisms and scoring conventions to effec-
tuate such changes.’’.
(2) In subsection (b), strike ‘‘from time to
time’’ and insert ‘‘during the One Hundred Sixth
Congress’’.
SEC. 425. GAO REPORTS.
The last sentence of section 404 of the Congres-
sional Budget Act of 1974 is amended to read as follows:
‘‘Such report shall be revised at least once every five
years.’’.
Subtitle C—Strengthened
Accountability
SEC. 431. TEN-YEAR CBO ESTIMATES.
(a)
CBO
REPORTS
ON
LEGISLATION.—Section
308(a)(1)(B) of the Congressional Budget Act of 1974 is
amended by striking ‘‘four’’ and inserting ‘‘nine’’.
(b) ANALYSIS BY CBO.—Section 402(1) of the Con-
gressional Budget Act of 1974 is amended by striking ‘‘4’’
and inserting ‘‘nine’’.
(c) COST ESTIMATES.—Clause 3(d)(2)(A) of rule
XIII of the Rules of the House of Representatives is
amended by striking ‘‘five’’ each place it appears and in-
serting ‘‘10’’.
SEC. 432. REPEAL OF RULE XXIII OF THE RULES OF THE
HOUSE OF REPRESENTATIVES.
Rule XXIII of the Rules of the House of Representa-
tives (relating to the establishment of the statutory limit
on the public debt) is repealed.
TITLE V—BUDGETING FOR UN-
FUNDED
LIABILITIES
AND
OTHER LONG-TERM OBLIGA-
TIONS
SEC. 501. PURPOSES.
The purposes of this title are to—
(1) budget for the long-term costs of Federal
insurance programs;
(2) improve congressional control of those costs;
and
(3) periodically report on long-term budgetary
trends.
Subtitle A—Budgetary Treatment
of Federal Insurance Programs
SEC. 511. FEDERAL INSURANCE PROGRAMS.
(a) IN GENERAL.—The Congressional Budget Act of
1974 is amended by adding after title V the following new
title:
‘‘TITLE VI—BUDGETARY TREATMENT OF FEDERAL
INSURANCE PROGRAMS
‘‘SEC. 601. SHORT TITLE.
‘‘This title may be cited as the ‘Federal Insurance
Budgeting Act of 1999’.
‘‘SEC. 602. BUDGETARY TREATMENT.
‘‘(a) PRESIDENT’S BUDGET.—Beginning with fiscal
year 2006, the budget of the Government pursuant to sec-
tion 1105(a) of title 31, United States Code, shall be
based on the risk-assumed cost of Federal insurance pro-
grams.
‘‘(b) BUDGET ACCOUNTING.—For any Federal insur-
ance program—
‘‘(1) the program account shall—
‘‘(A) pay the risk-assumed cost borne by
the taxpayer to the financing account, and
‘‘(B) pay actual insurance program admin-
istrative costs;
‘‘(2) the financing account shall—
‘‘(A) receive premiums and other income,
‘‘(B) pay all claims for insurance and re-
ceive all recoveries,
‘‘(C) transfer to the program account on
not less than an annual basis amounts nec-
essary to pay insurance program administrative
costs;
‘‘(3) a negative risk-assumed cost shall be
transferred from the financing account to the pro-
gram account, and shall be transferred from the pro-
gram account as a nonexpenditure transfer to the
general fund; and
‘‘(4) all payments by or receipts of the financ-
ing accounts shall be treated in the budget as a
means of financing.
‘‘(c)
APPROPRIATIONS
REQUIRED.—(1)
Notwith-
standing any other provision of law, insurance commit-
ments may be made for fiscal year 2006 and thereafter
only to the extent that new budget authority to cover their
risk-assumed cost is provided in advance in an appropria-
tion Act.
‘‘(2) An outstanding insurance commitment shall not
be modified in a manner that increases its risk-assumed
cost unless budget authority for the additional cost has
been provided in advance in an appropriation Act.
‘‘(3) Paragraphs (1) and (2) shall not apply to Fed-
eral insurance programs that constitute entitlements.
‘‘(d) REESTIMATES.—The risk-assumed cost for a
fiscal year shall be reestimated in each subsequent year.
Such reestimate can equal zero. In the case of a positive
reestimate, the amount of the reestimate shall be paid
from the program account to the financing account. In
the case of a negative reestimate, the amount of the reesti-
mate shall be paid from the financing account to the pro-
gram account, and shall be transferred from the program
account to the general fund as a nonexpenditure transfer.
Reestimates shall be displayed as a distinct and separately
identified subaccount in the program account.
‘‘(e) ADMINISTRATIVE EXPENSES.—All funding for
an agency’s administration of a Federal insurance pro-
gram shall be displayed as a distinct and separately identi-
fied subaccount in the program account.
‘‘SEC. 603. TIMETABLE FOR IMPLEMENTATION OF ACCRUAL
BUDGETING FOR FEDERAL INSURANCE PRO-
GRAMS.
‘‘(a) AGENCY REQUIREMENTS.—Agencies with re-
sponsibility for Federal insurance programs shall develop
models to estimate their risk-assumed cost by year
through the budget horizon and shall submit those models,
all relevant data, a justification for critical assumptions,
and the annual projected risk-assumed costs to OMB with
their budget requests each year starting with the request
for fiscal year 2002. Agencies will likewise provide OMB
with annual estimates of modifications, if any, and reesti-
mates of program costs.
‘‘(b) DISCLOSURE.—When the President submits a
budget of the Government pursuant to section 1105(a) of
title 31, United States Code, for fiscal year 2002, OMB
shall publish a notice in the Federal Register advising in-
terested persons of the availability of information describ-
ing the models, data (including sources), and critical as-
sumptions (including explicit or implicit discount rate as-
sumptions) that it or other executive branch entities would
use to estimate the risk-assumed cost of Federal insurance
programs and giving such persons an opportunity to sub-
mit comments. At the same time, the chairman of the
Committee on the Budget shall publish a notice for CBO
in the Federal Register advising interested persons of the
availability of information describing the models, data (in-
cluding sources), and critical assumptions (including ex-
plicit or implicit discount rate assumptions) that it would
use to estimate the risk-assumed cost of Federal insurance
programs and giving such interested persons an oppor-
tunity to submit comments.
‘‘(c) REVISION.—(1) After consideration of comments
pursuant to subsection (b), and in consultation with the
Committees on the Budget of the House of Representa-
tives and the Senate, OMB and CBO shall revise the mod-
els, data, and major assumptions they would use to esti-
mate the risk-assumed cost of Federal insurance pro-
grams.
‘‘(2) When the President submits a budget of the
Government pursuant to section 1105(a) of title 31,
United States Code, for fiscal year 2003, OMB shall pub-
lish a notice in the Federal Register advising interested
persons of the availability of information describing the
models, data (including sources), and critical assumptions
(including explicit or implicit discount rate assumptions)
that it or other executive branch entities used to estimate
the risk-assumed cost of Federal insurance programs.
‘‘(d) DISPLAY.—
‘‘(1) IN
GENERAL.—For
fiscal
years
2003,
2004, and 2005 the budget submissions of the Presi-
dent pursuant to section 1105(a) of title 31, United
States Code, and CBO’s reports on the economic
and budget outlook pursuant to section 202(e)(1)
and the President’s budgets, shall for display pur-
poses only, estimate the risk-assumed cost of exist-
ing or proposed Federal insurance programs.
‘‘(2) OMB.—The display in the budget submis-
sions of the President for fiscal years 2003, 2004,
and 2005 shall include—
‘‘(A) a presentation for each Federal insur-
ance program in budget-account level detail of
estimates of risk-assumed cost;
‘‘(B) a summary table of the risk-assumed
costs of Federal insurance programs; and
‘‘(C) an alternate summary table of budget
functions and aggregates using risk-assumed
rather than cash-based cost estimates for Fed-
eral insurance programs.
‘‘(3) CBO.—In the second session of the 108th
Congress and the 109th Congress, CBO shall in-
clude in its estimates under section 308, for display
purposes only, the risk-assumed cost of existing Fed-
eral programs, or legislation that CBO, in consulta-
tion with the Committees on the Budget of the
House of Representatives and the Senate, deter-
mines would create a new Federal insurance pro-
gram.
‘‘(e) OMB, CBO, AND GAO EVALUATIONS.—(1) Not
later than 6 months after the budget submission of the
President pursuant to section 1105(a) of title 31, United
States Code, for fiscal year 2005, OMB, CBO, and GAO
shall each submit to the Committees on the Budget of the
House of Representatives and the Senate a report that
evaluates the advisability and appropriate implementation
of this title.
‘‘(2) Each report made pursuant to paragraph (1)
shall address the following:
‘‘(A) The adequacy of risk-assumed estimation
models used and alternative modeling methods.
‘‘(B) The availability and reliability of data or
information necessary to carry out this title.
‘‘(C) The appropriateness of the explicit or im-
plicit discount rate used in the various risk-assumed
estimation models.
‘‘(D) The advisability of specifying a statutory
discount rate (such as the Treasury rate) for use in
risk-assumed estimation models.
‘‘(E) The ability of OMB, CBO, or GAO, as ap-
plicable, to secure any data or information directly
from any Federal agency necessary to enable it to
carry out this title.
‘‘(F) The relationship between risk-assumed ac-
crual budgeting for Federal insurance programs and
the specific requirements of the Balanced Budget
and Emergency Deficit Control Act of 1985.
‘‘(G) Whether Federal budgeting is improved by
the inclusion of risk-assumed cost estimates for Fed-
eral insurance programs.
‘‘(H) The advisability of including each of the
programs currently estimated on a risk-assumed cost
basis in the Federal budget on that basis.
‘‘SEC. 604. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) The term ‘Federal insurance program’
means a program that makes insurance commit-
ments and includes the list of such programs in-
cluded in the joint explanatory statement of man-
agers accompanying the conference report on the
Comprehensive Budget Process Reform Act of 1999.
‘‘(2) The term ‘insurance commitment’ means
an agreement in advance by a Federal agency to in-
demnify a nonfederal entity against specified losses.
This term does not include loan guarantees as de-
fined in title V or benefit programs such as social
security, medicare, and similar existing social insur-
ance programs.
‘‘(3)(A) The term ‘risk-assumed cost’ means the
net present value of the estimated cash flows to and
from the Government resulting from an insurance
commitment or modification thereof.
‘‘(B) The cash flows associated with an insur-
ance commitment include—
‘‘(i) expected claims payments inherent in
the Government’s commitment;
‘‘(ii) net premiums (expected premium col-
lections received from or on behalf of the in-
sured less expected administrative expenses);
‘‘(iii) expected recoveries; and
‘‘(iv)
expected
changes
in
claims,
pre-
miums, or recoveries resulting from the exercise
by the insured of any option included in the in-
surance commitment.
‘‘(C) The cost of a modification is the difference
between the current estimate of the net present
value of the remaining cash flows under the terms
of the insurance commitment, and the current esti-
mate of the net present value of the remaining cash
flows under the terms of the insurance commitment
as modified.
‘‘(D) The cost of a reestimate is the difference
between the net present value of the amount cur-
rently required by the financing account to pay esti-
mated
claims
and
other
expenditures
and
the
amount currently available (whether in cash or other
marketable asset) in the financing account. The cost
of a reestimate shall be accounted for in the current
year in the budget of the Government pursuant to
section 1105(a) of title 31, United States Code.
‘‘(E) For purposes of this definition, expected
administrative expenses shall be construed as the
amount estimated to be necessary for the proper ad-
ministration of the insurance program. This amount
may differ from amounts actually appropriated or
otherwise made available for the administration of
the program.
‘‘(4) The term ‘program account’ means the
budget account for the risk-assumed cost, and for all
costs of administering the insurance program, and is
the account from which the risk-assumed cost is dis-
bursed to the financing account.
‘‘(5) The term ‘financing account’ means the
nonbudget account that is associated with each pro-
gram account which receives payments from or
makes payments to the program account, receives
premiums and other payments from the public, pays
insurance claims, and holds balances.
‘‘(6) The term ‘modification’ means any Gov-
ernment action that alters the risk-assumed cost of
an existing insurance commitment from the current
estimate of cash flows. This includes any action re-
sulting from new legislation, or from the exercise of
administrative discretion under existing law, that di-
rectly or indirectly alters the estimated cost of exist-
ing insurance commitments.
‘‘(7) The term ‘model’ means any actuarial, fi-
nancial, econometric, probabilistic, or other method-
ology used to estimate the expected frequency and
magnitude of loss-producing events, expected pre-
miums or collections from or on behalf of the in-
sured, expected recoveries, and administrative ex-
penses.
‘‘(8) The term ‘current’ has the same meaning
as in section 250(c)(9) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
‘‘(9) The term ‘OMB’ means the Director of
the Office of Management and Budget.
‘‘(10) The term ‘CBO’ means the Director of
the Congressional Budget Office.
‘‘(11) The term ‘GAO’ means the Comptroller
General of the United States.
‘‘SEC. 605. AUTHORIZATIONS TO ENTER INTO CONTRACTS;
ACTUARIAL COST ACCOUNT.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated $600,000 for each of fis-
cal years 2000 through 2005 to the Director of the Office
of Management and Budget and each agency responsible
for administering a Federal program to carry out this
title.
‘‘(b) TREASURY TRANSACTIONS WITH THE FINANC-
ING ACCOUNTS.—The Secretary of the Treasury shall bor-
row from, receive from, lend to, or pay the insurance fi-
nancing accounts such amounts as may be appropriate.
The Secretary of the Treasury may prescribe forms and
denominations, maturities, and terms and conditions for
the transactions described above. The authorities de-
scribed above shall not be construed to supersede or over-
ride the authority of the head of a Federal agency to ad-
minister and operate an insurance program. All the trans-
actions provided in this subsection shall be subject to the
provisions of subchapter II of chapter 15 of title 31,
United States Code. Cash balances of the financing ac-
counts in excess of current requirements shall be main-
tained in a form of uninvested funds, and the Secretary
of the Treasury shall pay interest on these funds.
‘‘(c) APPROPRIATION OF AMOUNT NECESSARY TO
COVER RISK-ASSUMED COST OF INSURANCE COMMIT-
MENTS AT TRANSITION DATE.—(1) A financing account
is established on September 30, 2005, for each Federal
insurance program.
‘‘(2) There is appropriated to each financing account
the amount of the unfunded risk-assumed cost of Federal
insurance commitments outstanding for that program as
of the close of September 30, 2005.
‘‘(3) These financing accounts shall be used in imple-
menting the budget accounting required by this title.
‘‘SEC. 606. EFFECTIVE DATE.
‘‘This title shall take effect immediately and shall ex-
pire on September 30, 2007.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 507 the following
new items:
‘‘TITLE VI—BUDGETARY TREATMENT OF FEDERAL INSURANCE
PROGRAMS
‘‘Sec. 601. Short title.
‘‘Sec. 602. Budgetary treatment.
‘‘Sec. 603. Timetable for implementation of accrual budgeting for Federal insur-
ance programs.
‘‘Sec. 604. Definitions.
‘‘Sec. 605. Authorizations to enter into contracts; actuarial cost account.
‘‘Sec. 606. Effective date.’’.
Subtitle B—Reports on Long-Term
Budgetary Trends
SEC. 521. REPORTS ON LONG-TERM BUDGETARY TRENDS.
(a) THE PRESIDENT’S BUDGET.—Section 1105(a) of
title 31, United States Code (as amended by section 404),
is further amended by adding at the end the following new
paragraph:
‘‘(34) an analysis based upon current law and
an analysis based upon the policy assumptions un-
derlying the budget submission for every fifth year
of the period of 75 fiscal years beginning with such
fiscal year, of the estimated levels of total new budg-
et authority and total budget outlays, estimated rev-
enues, estimated surpluses and deficits, and, for
each major Federal entitlement program, estimated
levels of total new budget authority and total budget
outlays; and a specification of its underlying as-
sumptions and a sensitivity analysis of factors that
have a significant effect on the projections made in
each analysis; and a comparison of the effects of
each of the two analyses on the economy, including
such factors as inflation, foreign investment, interest
rates, and economic growth.’’.
(b) CBO REPORTS.—Section 202(e)(1) of the Con-
gressional Budget Act of 1974 is amended by adding at
the end the following new sentences: ‘‘Such report shall
also include an analysis based upon current law for every
fifth year of the period of 75 fiscal years beginning with
such fiscal year, of the estimated levels of total new budget
authority and total budget outlays, estimated revenues, es-
timated surpluses and deficits, and, for each major Fed-
eral entitlement program, estimated levels of total new
budget authority and total budget outlays. The report de-
scribed in the preceding sentence shall also specify its un-
derlying assumptions and set forth a sensitivity analysis
of factors that have a significant effect on the projections
made in the report.’’.1
TITLE VI—BASELINES, BYRD
RULE, AND LOCK-BOX
SEC. 601. PURPOSE.
The purposes of this title are to—
(1) require budgetary comparisons to prior year
levels;
(2) restrict the application of the Byrd rule to
measures other than conference reports; and
(3) establish a procedure to allow savings from
spending
cuts
in
appropriation
measures
to
be
locked-in to increase the surplus or reduce the def-
icit.
Subtitle A—The Baseline
SEC. 611. THE PRESIDENT’S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31,
United States Code, is amended to read as follows:
‘‘(5) except as provided in subsection (b) of this
section, estimated expenditures and appropriations
for the current year and estimated expenditures and
proposed appropriations the President decides are
necessary to support the Government in the fiscal
year for which the budget is submitted and the 4 fis-
cal years following that year, and, except for detailed
budget estimates, the percentage change from the
current year to the fiscal year for which the budget
is submitted for estimated expenditures and for ap-
propriations.’’.
(b) Section 1105(a)(6) of title 31, United States
Code, is amended to read as follows:
‘‘(6) estimated receipts of the Government in
the current year and the fiscal year for which the
budget is submitted and the 4 fiscal years after that
year under—
‘‘(A) laws in effect when the budget is sub-
mitted; and
‘‘(B) proposals in the budget to increase
revenues,
and the percentage change (in the case of each cat-
egory referred to in subparagraphs (A) and (B)) be-
tween the current year and the fiscal year for which
the budget is submitted and between the current
year and each of the 4 fiscal years after the fiscal
year for which the budget is submitted.’’.
(c) Section 1105(a)(12) of title 31, United States
Code, is amended to read as follows:
‘‘(12) for each proposal in the budget for legis-
lation that would establish or expand a Government
activity or function, a table showing—
‘‘(A) the amount proposed in the budget
for appropriation and for expenditure because
of the proposal in the fiscal year for which the
budget is submitted;
‘‘(B) the estimated appropriation required
because of the proposal for each of the 4 fiscal
years after that year that the proposal will be
in effect; and
‘‘(C) the estimated amount for the same
activity or function, if any, in the current fiscal
year,
and, except for detailed budget estimates, the per-
centage change (in the case of each category re-
ferred to in subparagraphs (A), (B), and (C)) be-
tween the current year and the fiscal year for which
the budget is submitted.’’.
(d) Section 1105(a)(18) of title 31, United States
Code, is amended by inserting ‘‘new budget authority
and’’ before ‘‘budget outlays’’.
(e) Section 1105(a) of title 31, United States Code,
(as amended by sections 412(b) and 521(a)) is further
amended by adding at the end the following new para-
graphs:
‘‘(35) a comparison of levels of estimated ex-
penditures and proposed appropriations for each
function and subfunction in the current fiscal year
and the fiscal year for which the budget is sub-
mitted, along with the proposed increase or decrease
of spending in percentage terms for each function
and subfunction.
‘‘(36) a table on sources of growth in total di-
rect spending under current law and as proposed in
this budget submission for the budget year and the
ensuing 4 fiscal years, which shall include changes
in outlays attributable to the following: cost-of-living
adjustments; changes in the number of program re-
cipients; increases in medical care prices, utilization
and intensity of medical care; and residual factors.’’.
(f) Section 1109(a) of title 31, United States Code,
is amended by inserting after the first sentence the fol-
lowing new sentence: ‘‘For discretionary spending, these
estimates shall assume the levels set forth in the discre-
tionary spending limits under section 251(c) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as adjusted, for the appropriate fiscal years (and if no
such limits are in effect, these estimates shall assume the
‘‘(J) a comparison of levels for the current
fiscal year with proposed spending and revenue
levels for the subsequent fiscal years along with
the proposed increase or decrease of spending
in percentage terms for each function.’’.
SEC. 613. CONGRESSIONAL BUDGET OFFICE REPORTS TO
COMMITTEES.
(a) The first sentence of section 202(e)(1) of the Con-
gressional Budget Act of 1974 is amended by inserting
‘‘compared to comparable levels for the current year’’ be-
fore the comma at the end of subparagraph (A) and before
the comma at the end of subparagraph (B).
(b) Section 202(e)(1) of the Congressional Budget
Act of 1974 is amended by inserting after the first sen-
tence the following new sentence: ‘‘Such report shall also
include a table on sources of spending growth in total di-
rect spending for the budget year and the ensuing 4 fiscal
years, which shall include changes in outlays attributable
to the following: cost-of-living adjustments; changes in the
number of program recipients; increases in medical care
prices, utilization and intensity of medical care; and resid-
ual factors.’’.
(c) Section 308(a)(1)(B) of the Congressional Budget
Act of 1974 is amended by inserting ‘‘and shall include
a comparison of those levels to comparable levels for the
current fiscal year’’ before ‘‘if timely submitted’’.
SEC. 614. OUTYEAR ASSUMPTIONS FOR DISCRETIONARY
SPENDING.
For purposes of chapter 11 of title 31 of the United
States Code, or the Congressional Budget Act of 1974,
unless otherwise expressly provided, in making budgetary
projections for years for which there are no discretionary
spending limits, the Director of the Office of Management
and Budget and the Director of the Congressional Budget
Office shall assume discretionary spending levels at the
levels for the last fiscal year for which such levels were
in effect.
Subtitle B—The Byrd Rule
SEC. 621. LIMITATION ON BYRD RULE.
(a) PROTECTION OF CONFERENCE REPORTS.—Sec-
tion 313 of the Congressional Budget Act of 1974 is
amended—
(1) in subsection (c), by striking ‘‘and again
upon the submission of a conference report on such
a reconciliation bill or resolution,’’;
(2) by striking subsection (d);
(3) by redesignating subsection (e) as sub-
section (d); and
(4) in subsection (e), as redesignated—
(A) by striking ‘‘, motion, or conference re-
port’’ the first place it appears and inserting ‘‘,
or motion’’; and
(B) by striking ‘‘, motion, or conference re-
port’’ the second and third places it appears
and inserting ‘‘or motion’’.
(b) CONFORMING AMENDMENT.—The first sentence
of section 312(e) of the Congressional Budget Act of 1974
is amended by inserting ‘‘, except for section 313,’’ after
‘‘Act’’.
Subtitle C—Spending
Accountability Lock-box
SEC. 631. SHORT TITLE.
This subtitle may be cited as the ‘‘Spending Account-
ability Lock-box Act of 1999’’.
SEC. 632. SPENDING ACCOUNTABILITY LOCK-BOX LEDGER.
(a) ESTABLISHMENT OF LEDGER.—Title III of the
Congressional Budget Act of 1974 (as amended by sec-
tions 104(b) and 105(a)) is further amended by adding
after section 317 the following new section:
‘‘SPENDING ACCOUNTABILITY LOCK-BOX LEDGER
‘‘SEC. 318. (a) ESTABLISHMENT OF LEDGER.—The
chairman of the Committee on the Budget of the House
of Representatives and the chairman of the Committee on
the Budget of the Senate shall each maintain a ledger to
be known as the ‘Spending Accountability Lock-box Ledg-
er’. The Ledger shall be divided into entries corresponding
to the subcommittees of the Committees on Appropria-
tions. Each entry shall consist of three components: the
‘House Lock-box Balance’; the ‘Senate Lock-box Balance’;
and the ‘Joint House-Senate Lock-box Balance’.
‘‘(b) COMPONENTS OF LEDGER.—Each component in
an entry shall consist only of amounts credited to it under
subsection (c). No entry of a negative amount shall be
made.
‘‘(c) CREDIT OF AMOUNTS TO LEDGER.—(1) In the
House of Representatives or the Senate, whenever a Mem-
ber offers an amendment to an appropriation bill to reduce
new budget authority in any account, that Member may
state the portion of such reduction that shall be—
‘‘(A) credited to the House or Senate Lock-box
Balance, as applicable; or
‘‘(B) used to offset an increase in new budget
authority in any other account;
‘‘(C) allowed to remain within the applicable
section 302(b) suballocation.
If no such statement is made, the amount of reduction
in new budget authority resulting from the amendment
shall be credited to the House or Senate Lock-box Bal-
ance, as applicable, if the amendment is agreed to.
‘‘(2)(A) Except as provided by subparagraph (B), the
chairmen of the Committees on the Budget shall, upon
the engrossment of any appropriation bill by the House
of Representatives and upon the engrossment of that bill
by the Senate, credit to the applicable entry balance of
that House amounts of new budget authority and outlays
equal to the net amounts of reductions in new budget au-
thority and in outlays resulting from amendments agreed
to by that House to that bill.
‘‘(B) When computing the net amounts of reductions
in new budget authority and in outlays resulting from
amendments agreed to by the House of Representatives
or the Senate to an appropriation bill, the chairmen of
the Committees on the Budget shall only count those por-
tions of such amendments agreed to that were so des-
ignated by the Members offering such amendments as
amounts to be credited to the House or Senate Lock-box
Balance, as applicable, or that fall within the last sentence
of paragraph (1).
‘‘(3) The chairmen of the Committees on the Budget
shall, upon the engrossment of Senate amendments to any
appropriation bill, credit to the applicable Joint House-
Senate Lock-box Balance the amounts of new budget au-
thority and outlays equal to—
‘‘(A) an amount equal to one-half of the sum of
(i) the amount of new budget authority in the House
Lock-box Balance plus (ii) the amount of new budg-
et authority in the Senate Lock-box Balance for that
bill; and
‘‘(B) an amount equal to one-half of the sum
of (i) the amount of outlays in the House Lock-box
Balance plus (ii) the amount of outlays in the Sen-
ate Lock-box Balance for that bill.
‘‘(4) CALCULATION OF LOCK-BOX SAVINGS IN SEN-
ATE.—For purposes of calculating under this section the
net amounts of reductions in new budget authority and
in outlays resulting from amendments agreed to by the
Senate on an appropriation bill, the amendments reported
to the Senate by its Committee on Appropriations shall
be considered to be part of the original text of the bill.
‘‘(d) DEFINITION.—As used in this section, the term
‘appropriation bill’ means any general or special appro-
priation bill, and any bill or joint resolution making sup-
plemental,
deficiency,
or
continuing
appropriations
through the end of a fiscal year.
‘‘(e) TALLY DURING HOUSE CONSIDERATION.—The
chairman of the Committee on the Budget of the House
of Representatives shall maintain a running tally of the
amendments adopted reflecting increases and decreases of
budget authority in the bill as reported. This tally shall
be available to Members in the House of Representatives
during consideration of any appropriations bill by the
House.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 317 the following
new item:
‘‘Sec. 318. Spending accountability lock-box ledger.’’.
SEC. 633. DOWNWARD ADJUSTMENT OF SECTION 302(A) AL-
LOCATIONS AND SECTION 302(B) SUBALLOCA-
TIONS.
(a) ALLOCATIONS.—Section 302(a) of the Congres-
sional Budget Act of 1974 (as amended by section 422)
is further amended by adding at the end the following new
paragraph:
‘‘(7) ADJUSTMENT
OF
ALLOCATIONS.—Upon
the engrossment of Senate amendments to any ap-
propriation bill (as defined in section 318(d)) for a
fiscal year, the amounts allocated under paragraph
(1) or (2) to the Committee on Appropriations of
each House upon the adoption of the most recent
joint resolution on the budget for that fiscal year
shall be adjusted downward by the amounts credited
to the applicable Joint House-Senate Lock-box Bal-
ance under section 318(c)(2). The revised levels of
new budget authority and outlays shall be submitted
to each House by the chairman of the Committee on
the Budget of that House and shall be printed in the
Congressional Record.’’.
(b) SUBALLOCATIONS.—Section 302(b) of the Con-
gressional Budget Act of 1974 is amended by adding at
the end the following new sentence: ‘‘Whenever an adjust-
ment is made under subsection (a)(7) to an allocation
under that subsection, the Committee on Appropriations
of each House shall make downward adjustments in the
most recent suballocations of new budget authority and
outlays under this subparagraph to the appropriate sub-
committees of that committee in the total amounts of
those adjustments under section 318(c)(2). The revised
suballocations shall be submitted to each House by the
chairman of the Committee on Appropriations of that
House and shall be printed in the Congressional Record.’’.
SEC. 634. PERIODIC REPORTING OF LEDGER STATEMENTS.
Section 308(b)(1) of the Congressional Budget Act
of 1974 is amended by adding at the end the following
new sentence: ‘‘Such reports shall also include an up-to-
date tabulation of the amounts contained in the ledger and
each entry established by section 318(a).’’.
SEC. 635. DOWNWARD ADJUSTMENT OF DISCRETIONARY
SPENDING LIMITS.
The discretionary spending limits for new budget au-
thority and outlays for any fiscal year set forth in section
251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, shall be reduced by the amounts set
forth in the final regular appropriation bill for that fiscal
year or joint resolution making continuing appropriations
through the end of that fiscal year. Those amounts shall
be the sums of the Joint House-Senate Lock-box Balances
for that fiscal year, as calculated under section 302(a)(7)
of the Congressional Budget Act of 1974. That bill or joint
resolution shall contain the following statement of law:
‘‘As required by section 636 of the Spending Account-
ability Lock-box Act of 1999, for fiscal year [insert appro-
priate fiscal year] and each outyear, the adjusted discre-
tionary spending limit for new budget authority shall be
reduced by $ [insert appropriate amount of reduction] and
the adjusted discretionary limit for outlays shall be re-
duced by $ [insert appropriate amount of reduction] for
the fiscal year and each outyear.’’. Notwithstanding sec-
tion 904(c) of the Congressional Budget Act of 1974, sec-
tion 306 as it applies to this statement shall not apply.
This adjustment shall be reflected in reports under sec-
tions 254(f) and 254(g) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
øSubtitle D—Automatic Continuing
Resolution
øSEC. 641. AUTOMATIC CONTINUING RESOLUTION.
ø(a) AMENDMENT TO TITLE 31.—Chapter 13 of title
31, United States Code, is amended by inserting after sec-
tion 1310 the following new section:
ø‘‘§ 1311. Continuing appropriations
ø‘‘(a)(1) If any regular appropriation bill for a fiscal
year does not become law prior to the beginning of such
fiscal year or a joint resolution making continuing appro-
priations is not in effect, there is appropriated, out of any
moneys in the Treasury not otherwise appropriated, and
out of applicable corporate or other revenues, receipts, and
funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the
preceding fiscal year—
ø‘‘(A) in the corresponding regular appropria-
tion Act for such preceding fiscal year; or
ø‘‘(B) if the corresponding regular appropria-
tion bill for such preceding fiscal year did not be-
come law, then in a joint resolution making con-
tinuing appropriations for such preceding fiscal year.
ø‘‘(2) Appropriations and funds made available, and
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be at a rate of oper-
ations not in excess of the rate of operations provided for
in the regular appropriation Act providing for such project
or activity for the preceding fiscal year, or in the absence
of such an Act, the rate of operations provided for such
project or activity pursuant to a joint resolution making
continuing appropriations for such preceding fiscal year.
ø‘‘(3) Appropriations and funds made available, and
authority granted, for any fiscal year pursuant to this sec-
tion for a project or activity shall be available for the pe-
riod beginning with the first day of a lapse in appropria-
tions and ending with the earlier of—
ø‘‘(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law
(whether or not such law provides for such project
or activity) or a continuing resolution making appro-
priations becomes law, as the case may be, or
ø‘‘(B) the last day of such fiscal year.
ø‘‘(b) An appropriation or funds made available, or
authority granted, for a project or activity for any fiscal
year pursuant to this section shall be subject to the terms
and conditions imposed with respect to the appropriation
made or funds made available for the preceding fiscal
year, or authority granted for such project or activity
under current law.
ø‘‘(c) Appropriations and funds made available, and
authority granted, for any project or activity for any fiscal
year pursuant to this section shall cover all obligations or
expenditures incurred for such project or activity during
the portion of such fiscal year for which this section ap-
plies to such project or activity.
ø‘‘(d) Expenditures made for a project or activity for
any fiscal year pursuant to this section shall be charged
to the applicable appropriation, fund, or authorization
whenever a regular appropriation bill or a joint resolution
making continuing appropriations until the end of a fiscal
year providing for such project or activity for such period
becomes law.
ø‘‘(e) This section shall not apply to a project or ac-
tivity during a fiscal year if any other provision of law
(other than an authorization of appropriations)—
ø‘‘(1) makes an appropriation, makes funds
available, or grants authority for such project or ac-
tivity to continue for such period, or
ø‘‘(2) specifically provides that no appropriation
shall be made, no funds shall be made available, or
no authority shall be granted for such project or ac-
tivity to continue for such period; or
ø‘‘(f) For purposes of this section, the term ‘regular
appropriation bill’ means any annual appropriation bill
making appropriations, otherwise making funds available,
or granting authority, for any of the following categories
of projects and activities:
ø‘‘(1) Agriculture, rural development, and re-
lated agencies programs.
ø‘‘(2) The Departments of Commerce, Justice,
and State, the judiciary, and related agencies.
ø‘‘(3) The Department of Defense.
ø‘‘(4) The government of the District of Colum-
bia and other activities chargeable in whole or in
part against the revenues of the District.
ø‘‘(5) The Departments of Labor, Health and
Human Services, and Education, and related agen-
cies.
ø‘‘(6) The Department of Housing and Urban
Development,
and
sundry
independent
agencies,
boards, commissions, corporations, and offices.
ø‘‘(7) Energy and water development.
ø‘‘(8) Foreign assistance and related programs.
ø‘‘(9) The Department of the Interior and re-
lated agencies.
ø‘‘(10) Military construction.
ø‘‘(11) The Department of Transportation and
related agencies.
ø‘‘(12) The Treasury Department, the U.S.
Postal Service, the Executive Office of the President,
and certain independent agencies.
ø‘‘(13) The legislative branch.’’.
ø(b) CONFORMING AMENDMENT.—Section 202(e)(3)
of the Congressional Budget Act of 1974 is amended by
inserting ‘‘and on or before September 30’’ before ‘‘of each
year’’.
ø(c) CHAPTER ANALYSIS.—The analysis of chapter
13 of title 31, United States Code, is amended by inserting
after the item relating to section 1310 the following new
item:
ø‘‘1311. Continuing appropriations.’’.
ø(d) EFFECT
OF AMENDMENTS.—Nothing in the
amendments made by this subsection shall be construed
to affect Government obligations mandated by other law,
including obligations with respect to social security, medi-
care, and medicaid.¿
TITLE VII—BUDGETING IN AN
ERA OF SURPLUSES
SEC. 701. PAYGO REQUIREMENTS AND THE ON-BUDGET
SURPLUS.
(a) Section 252(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended to
read as follows:
‘‘(a) PURPOSE.—The purpose of this section is to as-
sure that direct spending or receipts legislation does not
increase the deficit or exceed the on-budget surplus.’’.
(b) SEQUESTRATION.—(1) Section 252(b)(1) of the
Balanced Budget and Emergency Deficit Control Act of
1985 is amended by inserting ‘‘minus the amount for the
budget year, if any, estimated under paragraph (3)’’ after
‘‘as calculated under paragraph (2)’’.
(2) Section 252(b) of such Act is amended by adding
at the end the following new paragraph:
‘‘(3) ESTIMATE
OF ON-BUDGET SURPLUS.—
OMB estimates for the budget year of the excess of
receipts over outlays (if any) as set forth in the
OMB sequestration update report as calculated pur-
suant to section 254(c)(3). These estimates shall not
include outlays and receipts of the Federal Old-Age
and Survivors Insurance Trust Fund, the Federal
Disability Insurance Trust Fund, or any other off-
budget entity.’’.
(c) CLARIFICATION OF EXISTING LAW.—Section 252
of the Balanced Budget and Emergency Deficit Control
Act of 1985 (as amended by section 412(b)) is further
amended by adding at the end the following new sub-
section:
‘‘(f) MEANING
OF NET DEFICIT INCREASE.—For
purposes of this section, a net deficit is the amount by
which decreases in revenues plus increases in outlays ex-
ceeds increases in revenues plus decreases in outlays.’’.
(d) REPORTS.—
(1) PREVIEW.—Section 254(c)(3) of the Bal-
anced Budget and Emergency Deficit Control Act of
1985 is amended by adding at the end the following
new subparagraph:
‘‘(D) The estimated excess of receipts over
outlays for the budget year (if any) (assuming
the levels appropriated if all regular appropria-
tions (or a continuing appropriation) are en-
acted minus any amounts sequestered for that
year under section 251, but if that is not the
case, then assuming compliance with the ad-
justed discretionary spending limits set forth in
section 251(c)) (but if no such limits are in ef-
fect for such year, then assume compliance with
such limits for the last fiscal year for which
such limits were in effect) without taking into
account the effect of direct spending and re-
ceipts legislation for such year calculated under
section 252(d) enacted after the date of enact-
ment of this subparagraph.’’.
(2) FINAL.—Section 254(f)(3) of the Balanced
Budget and Emergency Deficit Control Act of 1985
is amended by adding at the end the following new
sentence: ‘‘Notwithstanding subsection (j), actual
levels of enacted discretionary appropriations or up-
to-date adjusted discretionary spending limits (but if
no such limits are in effect for such year, then as-
sume such limits for the last fiscal year for which
such limits were in effect), as applicable, shall be
used in the final pay-as-you go report regarding in-
formation required by subsection (c)(3)(D) to be in-
cluded in the pay-as-you-go sequestration preview re-
port.’’.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Budget Process Reform Act of 1999’’.
(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 proce-
dures 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.
100
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
resolutions.
Sec. 207. Application of section 306 to emergencies in excess of amounts in
reserve fund.
Sec. 208. Up-to-date tabulations.
Sec. 209. Prohibition on amendments to emergency reserve fund.
Sec. 210. 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
authority.
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.
101
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, BYRD RULE, LOCK-BOX, AND AUTOMATIC
CONTINUING RESOLUTION
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.
Subtitle C—Spending Accountability Lock-Box
Sec. 631. Short title.
Sec. 632. Spending accountability lock-box ledger.
Sec. 633. Downward adjustment of section 302(a) allocations and section 302(b)
suballocations.
Sec. 634. Periodic reporting of ledger statements.
Sec. 635. Downward adjustment of discretionary spending limits.
Subtitle D—Automatic Continuing Resolution
Sec. 641. Automatic continuing resolution.
TITLE VII—BUDGETING IN AN ERA OF SURPLUSES
Sec. 701. Paygo requirements and the on-budget surplus.
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 spending;
102
(5) display the unfunded liabilities of Federal
insurance programs;
(6) mitigate the bias in the budget process to-
ward higher spending; and
(7) modify paygo requirements when there is an
on-budget surplus.
SEC. 3. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and
the amendments made by this Act shall become effective on
the date of enactment of this Act and shall apply with re-
spect to fiscal years beginning after September 30, 2000.
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 budgetary
process;
‘‘(2) to facilitate the determination each year of
the appropriate level of Federal revenues and expendi-
tures by the Congress and the President;’’.
TITLE I—BUDGET WITH FORCE
OF LAW
SEC. 101. PURPOSES.
The purposes of this title are to—
103
(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 prior-
ities; 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 res-
olution on the budget.
June 10 .............................................
House Appropriations Committee re-
ports last annual appropriation
bill.
June 15 .............................................
Congress completes action on reconcili-
ation legislation.
June 30 .............................................
House completes action on annual ap-
propriation bills.
October 1 ...........................................
Fiscal year begins.’’.
SEC. 103. ANNUAL JOINT RESOLUTIONS ON THE BUDGET.
(a) CONTENT OF ANNUAL JOINT RESOLUTIONS ON THE
BUDGET.—Section 301(a) of the Congressional Budget Act
of 1974 is amended as follows:
104
(1) Strike paragraph (4) and insert the following
new paragraph:
‘‘(4) subtotals of new budget authority and out-
lays for nondefense discretionary spending, defense
discretionary spending, direct spending (excluding in-
terest), and interest; and for fiscal years to which the
amendments made by title II of the Comprehensive
Budget Process Reform Act of 1999 apply, subtotals
of new budget authority and outlays for emer-
gencies;’’.
(2) Strike the last sentence of such subsection.
(b) ADDITIONAL MATTERS IN JOINT RESOLUTION.—
Section 301(b) of the Congressional Budget Act of 1974 is
amended as follows:
(1) Strike paragraphs (2), (4), and (6) through
(9).
(2) After paragraph (1), insert the following new
paragraph:
‘‘(2) if submitted by the Committee on Ways and
Means of the House of Representatives or the Com-
mittee on Finance of the Senate to the Committee on
the Budget of that House of Congress, amend section
3101 of title 31, United States Code, to change the
statutory limit on the public debt;’’.
105
(3) After paragraph (3), insert the following new
paragraph:
‘‘(4) require such other congressional procedures,
relating to the budget, as may be appropriate to carry
out the purposes of this Act;’’; and
(4) After paragraph (5), insert the following new
paragraph:
‘‘(6) set forth procedures in the Senate whereby
committee allocations, aggregates, and other levels can
be revised for legislation if that legislation would not
increase the deficit, or would not increase the deficit
when taken with other legislation enacted after the
adoption of the resolution, for the first fiscal year or
the total period of fiscal years covered by the resolu-
tion.’’.
(c) REQUIRED
CONTENTS
OF
REPORT.—Section
301(e)(2) of the Congressional Budget Act of 1974 is amend-
ed as follows:
(1) Redesignate subparagraphs (A), (B), (C),
(D), (E), and (F) as subparagraphs (B), (C), (E),
(F), (H), and (I), respectively.
(2) Before subparagraph (B) (as redesignated),
insert the following new subparagraph:
‘‘(A) new budget authority and outlays for
each major functional category, based on alloca-
106
tions of the total levels set forth pursuant to sub-
section (a)(1);’’.
(3) In subparagraph (C) (as redesignated), strike
‘‘mandatory’’ and insert ‘‘direct spending’’.
(4) After subparagraph (C) (as redesignated), in-
sert the following new subparagraph:
‘‘(D) a measure, as a percentage of gross do-
mestic product, of total outlays, total Federal
revenues, the surplus or deficit, and new outlays
for nondefense discretionary spending, defense
spending, and direct spending as set forth in
such resolution;’’.
(5) After subparagraph (F) (as redesignated), in-
sert the following new subparagraph:
‘‘(G) if the joint resolution on the budget in-
cludes any allocation to a committee (other than
the Committee on Appropriations) of levels in
excess of current law levels, a justification for
not subjecting any program, project, or activity
(for which the allocation is made) to annual dis-
cretionary appropriations;’’.
(d) ADDITIONAL CONTENTS
OF REPORT.—Section
301(e)(3) of the Congressional Budget Act of 1974 is amend-
ed as follows:
107
(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 following
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 Government
for the following fiscal year which shall set forth the fol-
lowing levels:
‘‘(A) totals of new budget authority and outlays;
‘‘(B) total Federal revenues and the amount, if
any, by which the aggregate level of Federal revenues
should be increased or decreased by bills and resolu-
tions to be reported by the appropriate committees;
‘‘(C) the surplus or deficit in the budget;
‘‘(D) subtotals of new budget authority and out-
lays for nondefense discretionary spending, defense
discretionary spending, direct spending, and interest;
108
and for fiscal years to which the amendments made
by title II of the Comprehensive Budget Process Re-
form Act of 1999 apply, subtotals of new budget au-
thority 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 separately
delineated statement, the levels required in the preceding
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) It shall not be
in order in the House of Representatives or in the Senate
to consider any joint resolution on the budget or any
amendment thereto or conference report thereon that con-
tains any matter referred to in paragraph (2).
‘‘(2) Any joint resolution on the budget or any amend-
ment thereto or conference report thereon that contains any
matter not permitted in section 301(a) or (b) shall not be
treated in the House of Representatives or the Senate as
109
a budget resolution under subsection (a) or (b) or as a con-
ference 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 BUDGET
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 CONFORMING
AMENDMENTS.—(1) Section 303 of the Congressional Budg-
et 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 BUDGET
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)’’.
110
(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 Saturdays, 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 further consideration of
such resolution and such resolution shall be placed on the
appropriate calendar.
111
‘‘(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 there-
on shall also apply to the consideration of concurrent
resolutions on the budget introduced under subsection
(a) and conference reports thereon.
‘‘(2) Debate in the Senate on any concurrent res-
olution on the budget or joint resolution on the budget
introduced under subsection (a), and all amendments
thereto and debatable motions and appeals in connec-
tion 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 sub-
section (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
112
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 resolution.’’.
(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 sec-
tion 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 striking ‘‘con-
current’’ 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 inserting
113
‘‘most recently enacted joint resolution on the budget or
agreed to concurrent resolution on the budget (as applica-
ble)’’.
(ii) The section heading of section 301 is amended by
striking ‘‘adoption of concurrent resolution’’ and inserting
‘‘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 resolution
on the budget for such fiscal year most recently enacted.
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 concurrent resolution
on the budget which revises or reaffirms the concurrent reso-
lution 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 Congressional
Budget and Impoundment Control Act of 1974 is amended
114
by striking ‘‘concurrent’’ each place it appears and by in-
serting ‘‘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 inserting
‘‘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 strik-
ing ‘‘concurrent’’ and inserting ‘‘budget’’ the first
place it appears and by striking ‘‘on the budget’’; 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 ‘‘con-
current’’ 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).
115
(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 RE-
GARDING
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 amended
by inserting ‘‘JOINT EXPLANATORY STATEMENT ACCOM-
PANYING CONFERENCE REPORT ON’’ before ‘‘JOINT’’.
(2) Section 310(a) of such Act is amended by striking
‘‘A’’ and inserting ‘‘The joint explanatory statement accom-
panying 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 explan-
atory statement accompanying the conference report on’’.
(4) Section 310(c)(1) of such Act is amended by insert-
ing ‘‘the joint explanatory statement accompanying the con-
ference 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-
116
sional Budget and Impoundment Control Act of 1974 is
amended by adding at the end the following new paragraph:
‘‘(11) The term ‘direct spending’ has the mean-
ing given to such term in section 250(c)(8) of the Bal-
anced 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 sentence:
‘‘For purposes of considering amendments (other than
for amounts for emergencies covered by subsection
(b)(1)), suballocations shall be deemed to be so ad-
justed.’’.
TITLE II—RESERVE FUND FOR
EMERGENCIES
SEC. 201. PURPOSE.
The purposes of this title are to—
(1) develop budgetary and fiscal procedures for
emergencies;
117
(2) subject spending for emergencies to budgetary
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 Def-
icit Control Act of 1985 is repealed.
(2) Such section 251(b)(2) is further amended by redes-
ignating subparagraphs (B) through (G) as subparagraphs
(A) through (F).
(b) 
DIRECT
SPENDING.—Sections 
252(e) 
and
252(d)(4)(B) of the Balanced Budget and Emergency Def-
icit 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), respectively.
SEC. 203. OMB EMERGENCY CRITERIA.
Section 3 of the Congressional Budget and Impound-
ment Control Act of 1974 (as amended by section 105(e))
118
is further amended by adding at the end the following new
paragraph:
‘‘(12)(A) The term ‘emergency’ means a situation
that—
‘‘(i) requires new budget authority and out-
lays (or new budget authority and the outlays
flowing therefrom) for the prevention or mitiga-
tion of, or response to, loss of life or property, or
a threat to national security; and
‘‘(ii) is unanticipated.
‘‘(B) As used in subparagraph (A), the term ‘un-
anticipated’ means that the situation is—
‘‘(i) sudden, which means quickly coming
into being or not building up over time;
‘‘(ii) urgent, which means a pressing and
compelling need requiring immediate action;
‘‘(iii) unforeseen, which means not predicted
or anticipated as an emerging need; and
‘‘(iv) temporary, which means not of a per-
manent duration.’’.
SEC. 204. DEVELOPMENT OF GUIDELINES FOR APPLICA-
TION OF EMERGENCY DEFINITION.
Not later than 5 months after the date of enactment
of this Act, the chairmen of the Committees on the Budget
(in consultation with the President) shall, after consulting
119
with the chairmen of the Committees on Appropriations
and applicable authorizing committees of their respective
Houses and the Directors of the Congressional Budget Office
and the Office of Management and Budget, jointly publish
in the Congressional Record guidelines for application of
the definition of emergency set forth in section 3(12) of the
Congressional Budget and Impoundment Control Act of
1974.
SEC. 205. RESERVE FUND FOR EMERGENCIES IN PRESI-
DENT’S BUDGET.
Section 1105(f) of title 31, United States Code is
amended by adding at the end the following new sentences:
‘‘Such budget submission shall also comply with the re-
quirements of section 317(b) of the Congressional Budget
Act of 1974 and, in the case of any budget authority re-
quested for an emergency, such submission shall include a
detailed justification of why such emergency is an emer-
gency within the meaning of section 3(12) of the Congres-
sional Budget Act of 1974.’’.
SEC. 206. ADJUSTMENTS AND RESERVE FUND FOR EMER-
GENCIES IN JOINT BUDGET RESOLUTIONS.
(a) EMERGENCIES.—Title III of the Congressional
Budget Act of 1974 (as amended by section 104(c)) is fur-
ther amended by adding at the end the following new sec-
tion:
120
‘‘EMERGENCIES
‘‘SEC. 317. (a) ADJUSTMENTS.—
‘‘(1) IN GENERAL.—After the reporting of a bill
or joint resolution or the submission of a conference
report thereon that provides budget authority for any
emergency as identified pursuant to subsection (d)—
‘‘(A) the chairman of the Committee on the
Budget of the House of Representatives or the
Senate shall determine and certify, pursuant to
the guidelines referred to in section 204 of the
Comprehensive Budget Process Reform Act of
1999, the portion (if any) of the amount so spec-
ified that is for an emergency within the mean-
ing of section 3(12); and
‘‘(B) such chairman shall make the adjust-
ment set forth in paragraph (2) for the amount
of new budget authority (or outlays) in that
measure and the outlays flowing from that budg-
et authority.
‘‘(2) MATTERS TO BE ADJUSTED.—The adjust-
ments referred to in paragraph (1) are to be made to
the allocations made pursuant to the appropriate
joint resolution on the budget pursuant to section
302(a) and shall be in an amount not to exceed the
121
amount reserved for emergencies pursuant to the re-
quirements of subsection (b).
‘‘(b) RESERVE FUND FOR EMERGENCIES.—
‘‘(1) AMOUNTS.—The amount set forth in the re-
serve fund for emergencies for budget authority and
outlays for a fiscal year pursuant to section 301(a)(4)
shall equal—
‘‘(A) the average of the enacted levels of
budget authority for emergencies in the 5 fiscal
years preceding the current year; and
‘‘(B) the average of the levels of outlays for
emergencies in the 5 fiscal years preceding the
current year flowing from the budget authority
referred to in subparagraph (A), but only in the
fiscal year for which such budget authority first
becomes available for obligation.
‘‘(2) AVERAGE LEVELS.—For purposes of para-
graph (1), the amount used for a fiscal year to cal-
culate the average of the enacted levels when one or
more of such 5 preceding fiscal years is any of fiscal
years 1994 through 1998 is as follows: the amount of
enacted levels of budget authority and the amount of
new outlays flowing therefrom for emergencies, but
only in the fiscal year for which such budget author-
ity first becomes available for obligation for each of
122
such 5 fiscal years, which shall be determined by the
Committees on the Budget of the House of Representa-
tives and the Senate after receipt of a report on such
matter transmitted to such committees by the Director
of the Congressional Budget Office 6 months after the
date of enactment of this section and thereafter in
February of each calendar year.
‘‘(c) EMERGENCIES IN EXCESS OF AMOUNTS IN RE-
SERVE FUND.—Whenever the Committee on Appropriations
or any other committee reports any bill or joint resolution
that provides budget authority for any emergency and the
report accompanying that bill or joint resolution, pursuant
to subsection (d), identifies any provision that increases
outlays or provides budget authority (and the outlays flow-
ing therefrom) for such emergency, the enactment of which
would cause—
‘‘(1) 
in 
the 
case 
of 
the 
Committee 
on
Approrpiations, the total amount of budget authority
or outlays provided for emergencies for the budget
year; or
‘‘(2) in the case of any other committee, the total
amount of budget authority or outlays provided for
emergencies for the budget year or the total of the fis-
cal years;
123
in the joint resolution on the budget (pursuant to section
301(a)(4)) to be exceeded:
‘‘(A) Such bill or joint resolution shall be re-
ferred to the Committee on the Budget of the House
or the Senate, as the case may be, with instructions
to report it without amendment, other than that spec-
ified in subparagraph (B), within 5 legislative days
of the day in which it is reported from the origi-
nating committee. If the Committee on the Budget of
either House fails to report a bill or joint resolution
referred to it under this subparagraph within such 5-
day period, the committee shall be automatically dis-
charged from further consideration of such bill or
joint resolution and such bill or joint resolution shall
be placed on the appropriate calendar.
‘‘(B) An amendment to such a bill or joint reso-
lution referred to in this subsection shall only consist
of an exemption from section 251 or 252 (as applica-
ble) of the Balanced Budget and Emergency Deficit
Control Act of 1985 of all or any part of the provi-
sions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the com-
mittee determines, pursuant to the guidelines referred
to in section 204 of the Comprehensive Budget Process
124
Reform Act of 1999, that such budget authority is for
an emergency within the meaning of section 3(12).
‘‘(C) If such a bill or joint resolution is reported
with an amendment specified in subaragraph (B) by
the Committee on the Budget of the House of Rep-
resentatives or the Senate, then the budget authority
and resulting outlays that are the subject of such
amendment shall not be included in any determina-
tions under section 302(f) or 311(a) for any bill, joint
resolution, amendment, motion, or conference report.
‘‘(d) COMMITTEE NOTIFICATION OF EMERGENCY LEG-
ISLATION.—Whenever the Committee on Appropriations or
any other committee of either House (including a committee
of conference) reports any bill or joint resolution that pro-
vides budget authority for any emergency, the report accom-
panying that bill or joint resolution (or the joint explana-
tory statement of managers in the case of a conference re-
port on any such bill or joint resolution) shall identify all
provisions that provide budget authority and the outlays
flowing therefrom for such emergency and include a state-
ment of the reasons why such budget authority meets the
definition of an emergency pursuant to the guidelines re-
ferred to in section 204 of the Comprehensive Budget Proc-
ess Reform Act of 1999.’’.
125
(b) CONFORMING AMENDMENT.—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 316 the following new item:
‘‘Sec. 317. Emergencies.’’.
SEC. 207. APPLICATION OF SECTION 306 TO EMERGENCIES
IN EXCESS OF AMOUNTS IN RESERVE FUND.
Section 306 of the Congressional Budget Act of 1974
is amended by inserting at the end the following new sen-
tence: ‘‘No amendment reported by the Committee on the
Budget (or from the consideration of which such committee
has been discharged) pursuant to section 317(c) may be
amended.’’.
SEC. 208. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of
1974 is amended by striking ‘‘and’’ at the end of subpara-
graph (B), by striking the period at the end of subpara-
graph (C) and inserting ‘‘; and’’, and by adding at the end
the following new subparagraph:
‘‘(D) shall include an up-to-date tabulation
of amounts remaining in the reserve fund for
emergencies.’’.
SEC. 209. PROHIBITION ON AMENDMENTS TO EMERGENCY
RESERVE FUND.
(a) POINT OF ORDER.—Section 305 of the Congres-
sional Budget Act of 1974 (as amended by section 103(c))
260
ther amended by adding after section 317 the
following new section:
‘‘SPENDING ACCOUNTABILITY LOCK-BOX LEDGER
‘‘SEC. 318. (a) ESTABLISHMENT OF LEDGER.—
The chairman of the Committee on the Budget
of the House of Representatives and the chair-
man on the Committee on the Budget of the
Senate shall each maintain a ledger to be
known as the ‘Spending Accountability Lock-
box Ledger’. The Ledger shall be divided into
entries corresponding to the subcommittees
of the Committees on Appropriations. Each
entry shall consist of three components: the
‘House Lock-box Balance’; the ‘Senate Lock-
box Balance’; and the ‘Joint House-Senate
Lock-box Balance’.
‘‘(b) COMPONENTS OF LEDGER.—Each com-
ponent in an entry shall consist only of
amounts credited to it under subsection (c).
No entry of a negative amount shall be made.
‘‘(c) CREDIT OF AMOUNTS TO LEDGER.—(1) In
the House of Representatives or the Senate,
whenever a Member offers an amendment to
an appropriation bill to reduce new budget
authority in any account, that Member may