0:'balanced budget and emergency deficit control act of 1985. 2 us e 901 note. leon klinghoffer, as well as those', 1:'countries and groups that aid and abet such terrorist activities, and take the strongest measures to ensure that those responsible', 2:'for this brutal act against an american citizen are brought to justice. title ii—deficit reduction procedures sec. 200. short title', 3:'and table of contents. a short title.—this title may be cited as the balanced budget and emergency deficit control act', 4:'of 1985. b table of contents.— sec. 200. short title and table of contents. part a—congressional budget process subpart i—congressional', 5:'budget sec. 201. congressional budget. subpart ii—amendments to title iv of the congressional budget act of 1974 sec. 211. new', 6:'spending authority. sec. 212. credit authority. sec. 213. description by congressional budget office. sec. 214. general accounting office study; offbudget', 7:'agencies; member user group. subpart iii—additional provisions to improve budget procedures sec. 221. congressional budget office. sec. 222. current services', 8:'budget for congressional budget purposes. sec. 223. study of offbudget agencies. sec. 224. changes in functional categories. sec. 225. jurisdiction', 9:'of committee on government operations. sec. 226. continuing study of congressional budget process. sec. 227. early election of committees of', 10:'the house. sec. 228. rescissions and transfers in appropriation bills. subpart iv—technical and conforming amendments sec. 231. table of contents.', 11:'sec. 232. additional technical and conforming amendments. part b—budget submitted by the president sec. 241. submission of presidents budget; maximum', 12:'deficit amount may not be exceeded. sec. 242. supplemental budget estimates and changes. part c—emergency powers to eliminate deficits in', 13:'excess of maximum deficit amount sec. 251. reporting of excess deficits. sec. 252. presidential order. sec. 253. compliance report by', 14:'comptroller general. sec. 254. congressional action. sec. 255. exempt programs and activities. sec. 256. exceptions, limitations, and special rules. sec.', 15:'257. definitions. part d—budgetary treatment of social security trust funds sec. 261. treatment of trust funds. part e—miscellaneous and related', 16:'provisions sec. 271. waivers and suspensions; rulemaking powers. sec. 272. restoration of trust fund investments. sec. 273. revenue estimates. sec.', 17:'274. judicial review. sec. 275. effective dates. public law 99177—dec. 12, 1985 99 stat. 1039 part a—congressional budget process subpart', 18:'i—congressional budget sec. 201. congressional budget. a definitions.— 1section 3 of the congressional budget and impoundment 2 usc 622. control', 19:'act of 1974 is amended by adding at the end thereof the following new paragraphs: 6 the term deficit means,', 20:'with respect to any fiscal year, the amount by which total budget outlays for such fiscal year exceed total revenues', 21:'for such fiscal year. in calculating the deficit for purposes of comparison with the maximum deficit amount under the balanced', 22:'budget and emergency deficit control act of 1985 and in calculating the excess deficit for ante, p. 1038. purposes of', 23:'sections 251 and 252 of such act notwithstanding post, pp. 1063, section 710a of the social security act, for any', 24:'fiscal year, the 42 use 911 receipts of the federal oldage and survivors insurance trust fund and the federal disability', 25:'insurance trust fund for such fiscal year and the taxes payable under sections 1401a, 3101a, and 3111a of the internal', 26:'revenue code of 1954 during such 26 usc 1401, fiscal year shall be included in total revenues for such fiscal', 27:'^^oi ^m year, and the disbursements of each such trust fund for such fiscal year shall be included in total', 28:'budget outlays for such fiscal year. notwithstanding £my other provision of law except to the extent provided by section 710a', 29:'of the social security act, the receipts, revenues, disbursements, budget authority, 42 use 9ii. and outlays of each offbudget federal', 30:'entity for a fiscal year shall be included in total budget authority, total budget outlays, and total revenues and the', 31:'amounts of budget authority and outlays set forth for each major functional category, for such fiscal year. amounts paid by', 32:'the federal financing bank for the purchase of loans made or guaranteed by a department, agency, or instrumentality of the', 33:'government of the united states shall be treated as outlays of such department, agency, or instrumentality. 7 the term maximum', 34:'deficit amount means— a with respect to the fiscal year beginning october 1, 1985, $171,900,000,000; b with respect to the', 35:'fiscal year beginning october 1, 1986, $144,000,000,000; c with respect to the fiscal year beginning october 1, 1987, $108,000,000,000; d', 36:'with respect to the fiscal year beginning october 1, 1988, $72,000,000,000; e with respect to the fiscal year beginning october', 37:'1, 1989, $36,000,000,000; and f with respect to the fiscal year beginning october 1, 1990, zero. 8 the term offbudget', 38:'federal entity means any entity other than a privatelyowned governmentsponsored entity— a which is established by federal law, and b', 39:'the receipts and disbursements of which are required by law to be excluded from the totals of— 99 stat. 1040', 40:'public law 99177—dec. 12, 1985 i the budget of the united states government submitted by the president pursuant to section', 41:'1105 of title 31, united states code, or ii the budget adopted by the congress pursuant to infra. title iii', 42:'of this act. 9 the term entitlement authority means spending author post, p. 1056. ity described by section 401cx2xc. 10', 43:'the term credit authority means authority to incur direct loan obligations or to incur primary loan guarantee commitments.. 2 use', 44:'622. 2 paragraph 2 of section 3 of the congressional budget and impoundment control act of 1974 is amended by', 45:'inserting before the comma the following: or to collect offsetting receipts.. qa congressional budget process.—title iii of the congressional budget', 46:'act of 1974 is amended to read as follows: title m—congressional budget process timetable 2 us e 631. sec. 300.', 47:'the timetable with respect to the congressional budget process for any fiscal year is as follows: on or before: action', 48:'to be completed: president of u.s. first monday after january 3 president submits his budget. report. february 15 congressional budget', 49:'office submits report to budget gdrnmittees. february 25 committees submit views and estimates to budget committees. report. april 1 senate', 50:'budget committee reports concurrent resolution on the budget. april 15 congress completes action on concurrent resolution on the budget. may', 51:'15 annual appropriation bills may be considered in the house. report. june 10 house appropriations committee reports last annual appropriation', 52:'bill. june 15 congress completes action on reconciliation legislation. june 30 house completes action on annual appropriation bills. october 1', 53:'fiscal year b^ins. annual adoption of concurrent resolution on the budget 2 us e 632. sec. 301. a content of', 54:'concurrent resolution on the budget.—on or before april 15 of each year, the congress shall complete action on a concurrent', 55:'resolution on the budget for the fiscal year beginning on october 1 of such year. the concurrent resolution shall set', 56:'forth appropriate levels for the fiscal year beginning on october 1 of such year, and planning levels for each of', 57:'the two ensuing fiscal years, for the following— 1 totals of new budget authority, budget outlays, direct loan obligations, and', 58:'primary loan guarantee commitments; 2 total federal revenues and the amount, if any, by which the aggregate level of federal', 59:'revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees; public law 99177—dec.', 60:'12, 1985 99 stat. 1041 3 the surplus or deficit in the budget; 4 new budget authority, budget outlays, direct', 61:'loan obligations, and primary loan guarantee commitments for each major functional category, based on allocations of the total levels set', 62:'forth pursuant to paragraph 1; and 5 the public debt. b additional matters in concurrent resolution.—the concurrent resolution on the', 63:'budget may— 1 set forth, if required by subsection f, the calendar year in which, in the opinion of the', 64:'congress, the goals for reducing unemployment set forth in section 4b of the emplojmaent act of 1946 should be achieved;', 65:'2 include reconciliation directives described in section 310; 3 require a procedure under which all or certain bills or resolutions', 66:'providing new budget authority or new entitlement authority for such fiscal year shall not be enrolled until the congress has', 67:'completed action on any reconciliation bill or reconciliation resolution or both required by such concurrent resolution to be reported in', 68:'accordance with section 310b; and 4 set forth such other matters, and require such other procedures, relating to the budget,', 69:'as may be appropriate to carry out the purposes of this act. c consideration of procedures or matters which have', 70:'the effect of changing any rule of the house of representatives.— if the committee on the budget of the house', 71:'of representatives reports any concurrent resolution on the budget which includes any procedure or matter which has the effect of', 72:'changing any rule of the house of representatives, such concurrent resolution shall then be referred to the jommittee on rules', 73:'with instructions to report it within five calendar days not counting any day on which the house is not in', 74:'session. the committee on rules shall have jurisdiction to report any concurrent resolution referred to it under this paragraph with', 75:'an amendment or amendments changing or striking out any such procedure or matter. d views and estimates of other committees.—on', 76:'or before february 25 of each year, each committee of the house of representatives having legislative jurisdiction shall submit to', 77:'the committee on the budget of the house and each committee of the senate having legislative jurisdiction shall submit to', 78:'the committee on the budget of the senate its views and estimates as determined by the committee making such submission', 79:'with respect to all matters set forth in subsections a and b which relate to matters within the jurisdiction or', 80:'functions of such committee. the joint economic committee shall submit to the committees on the budget of both houses its', 81:'recommendations as to the fiscal policy appropriate to the goals of the emplorment act of 1946. any other committee of', 82:'the house of representatives or the senate may submit to the committee on the budget of its house, and any', 83:'joint committee of the congress may submit to the committees on the budget of both houses, its views and estimates', 84:'with respect to all matters set forth in subsections a and b which relate to matters within its jurisdiction or', 85:'functions. e hearings and report.—in developing the concurrent resolution on the budget referred to in subsection a for each fiscal', 86:'year, the committee on the budget of each house shall hold hearings and shall receive testimony from members of congress', 87:'and such appropriate representatives of federal departments suid agencies, the 15 use 1022a. post, p. 1053. reports. report. 15 use', 88:'1021 note. 99 stat. 1042 public law 99177—dec. 12, 1985 reports. report. taxes. state and local governments. post, p. 1044.', 89:'15 use 1022a. president of u.s. report. general public, and national organizations as the committee deems desirable. each of the', 90:'recommendations as to shortterm and mediumterm goals set forth in the report submitted by the mem bers of the joint', 91:'economic committee under subsection d may be considered by the committee on the budget of each house as part of', 92:'its consideration of such concurrent resolution, and its report may reflect its views thereon, including its views on how the', 93:'estimates of revenues and levels of budget authority and outlays set forth in such concurrent resolution are designed to achieve', 94:'any goals it is rec ommending. the report accompanying such concurrent resolution shall include, but not be limited to— 1', 95:'a comparison of revenues estimated by the committee with those estimated in the budget submitted by the president; 2 a', 96:'comparison of the appropriate levels of total budget outlays and total new budget authority, total direct loan obligations, total primary', 97:'loan guarantee commitments, as set forth in such concurrent resolution, with those estimated or requested in the budget submitted by', 98:'the president; 3 with respect to each major functional category, an estimate of budget outlays and an appropriate level of', 99:'new budget authority for all proposed programs and for all existing programs including renewals thereof, with the estimate and level', 100:'for existing programs being divided between permanent authority and funds provided in appropriation acts, and with each such division being', 101:'subdivided between controllable amounts and all other amounts; 4 an allocation of the level of federal revenues recommended in the', 102:'concurrent resolution among the major sources of such revenues; 5 the economic assumptions and objectives which underlie each of the', 103:'matters set forth in such concurrent resolution and any alternative economic assumptions and objectives which the committee considered; 6 projections', 104:'not limited to the following, for the period of five fiscal years beginning with such fiscal year, of the estimated', 105:'levels of total budget outlays and total new budget authority, the estimated revenues to be received, and the estimated surplus', 106:'or deficit, if any, for each fiscal year in such period, and the estimated levels of tax expenditures the tax', 107:'expenditures budget by major functional categories; 7 a statement of any significant changes in the proposed levels of federal assistance', 108:'to state and local governments; 8 information, data, and comparisons indicating the manner in which, and the basis on which,', 109:'the committee determined each of the matters set forth in the concurrent resolution; and 9 allocations described in section 302a.', 110:'f achievement of goals for reducing unemployment.— 1 if, pursuant to section 4c of the employment act of 1946, the', 111:'president recommends in the economic report that the goals for reducing unemployment set forth in section 4b of such act', 112:'be achieved in a year after the close of the fiveyear period prescribed by such subsection, the concurrent resolution on', 113:'the budget for the fiscal year beginning after the date on which such economic report is received by the congress', 114:'may set forth the year in which, in the opinion of the congress, such goals can be achieved. public law', 115:'99177—dec. 12, 1985 99 stat. 1043 2 after the congress has expressed its opinion pursuant to paragraph 1 as to', 116:'the year in which the goals for reducing unemployment set forth in section 4b of the employment act of 1946', 117:'can be achieved, if, pursuant to section 4e of such act, the president recommends in the economic report that such', 118:'goals be achieved in a year which is different from the year in which the congress has expressed its opinion', 119:'that such goals should be achieved, either in its action pursuant to paragraph 1 or in its most recent action', 120:'pursuant to this paragraph, the concurrent resolution on the budget for the fiscal year beginning after the date on which', 121:'such economic report is received by the congress may set forth the year in which, in the opinion of the', 122:'congress, such goals can be achieved. 3 it shall be in order to amend the provision of such resolution setting', 123:'forth such year only if the amendment thereto also proposes to alter the estimates, amounts, and levels as described in', 124:'subsection a set forth in such resolution in germane fashion in order to be consistent with the economic goals as', 125:'described in sections 3ax2 and 4b of the employment act of 1946 which such amendment proposes can be achieved by', 126:'the year specified in such amendment. g common exnomic assumptions.—the joint explanatory statement accompanying a conference report on a concurrent', 127:'reso lution on the budget shall set forth the common economic assump tions upon which such joint statement and conference', 128:'report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees', 129:'in the case of technical disagreement is based. h budget committees consultation with committees.—the committee on the budget of the', 130:'house of representatives shall consult with the committees of its house having legislative jurisdiction during the preparation, consideration, and enforcement', 131:'of the concurrent resolution on the budget with respect to all matters which relate to the jurisdiction or functions of', 132:'such committees, i maximum deficit amount may not be exceeded.— ixa except as provided in paragraph 2, it shall not', 133:'be in order in either the house of representatives or the senate to consider any concurrent resolution on the budget', 134:'for a fiscal year under this section, or to consider any amendment to such a concurrent resolution, or to consider', 135:'a conference report on such a concurrent resolution, if the level of total budget outlays for such fiscal year that', 136:'is set forth in such concurrent resolution or conference report exceeds the recommended level of federal revenues set forth for', 137:'that year by an amount that is greater than the maximum deficit amount for such fiscal year as determined under', 138:'section 37, or if the adoption of such amendment would result in a level of total budget outlays for that', 139:'fiscal year which exceeds the recommended level of federal revenues for that fiscal year, by an amount that is greater', 140:'than the maximum deficit amount for such fiscal year as determined under section 37. b in the house of representatives', 141:'the point of order established under subparagraph a with respect to the consideration of a conference report or with respect', 142:'to the consideration of a motion to concur, with or without an amendment or amendments, in a senate amendment, the', 143:'stage of disagreement having been reached, may be waived only by a vote of three report. 15 usc 1022a. 15', 144:'use 1022, 1022a. report. ante, p. 1039. 99 stat. 1044 public law 99177—dec. 12, 1985 fifths of the members present', 145:'and voting, a quorum being present. 2 paragraph 1 of this subsection shall not apply if a declaration of war', 146:'by the congress is in effect. committee allocations 2 use 633. sec. 302. a allocation of totals.— 1 for the', 147:'house of representatives, the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include', 148:'an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total', 149:'budget outlays, total new budget authority, total entitlement authority, and total credit authority among each committee of the house of', 150:'representatives which has jurisdiction over laws, bills and resolutions providing such new budget authority, such entitlement authority, or such credit', 151:'authority. the allocation shall, for each committee, divide new budget authority, entitlement authority, and credit authority between amounts provided or', 152:'required by law on the date of such conference report mandatory or uncontrollable amounts, and amounts not so provided or', 153:'required discretionary or controllable amounts, and shall make the same division for estimated outlays that would result from such new', 154:'budget authority. 2 for the senate, the joint explanatory statement accompanying a conference report on a concurrent resolution on the', 155:'budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate', 156:'levels of total budget outlays, total new budget authority and new credit authority among each committee of the house of', 157:'representatives and the senate which has jurisdiction over bills and resolutions providing such new budget authority. ot reports by committees.—as', 158:'soon as practicable after a concurrent resolution on the budget is agreed to— 1 the committee on appropriations of each', 159:'house shall, after consulting with the committee on appropriations of the other house, a subdivide among its subcommittees the allocation', 160:'of budget outlays, new budget authority, and new credit authority allocated to it in the joint explanatory statement accompanying the', 161:'conference report on such concurrent resolution, and b further subdivide the amount with respect to each such subcommittee between controllable', 162:'amounts and all other amounts; and 2 every other committee of the house and senate to which an allocation was', 163:'made in such joint explanatory statement shall, after consulting with the committee or committees of the other house to which', 164:'all or part of its allocation was made, a subdivide such allocation among its subcommittees or smiong programs over which', 165:'it has jurisdiction, and b further subdivide the amount with respect to each subcommittee or program between controllable amounts and', 166:'all other amounts. each such committee shall promptly report to its house the subdivisions made by it pursuant to this', 167:'subsection. public law 99177—dec. 12, 1985 99 stat. 1045 c point of order.—it shall not be in order in the', 168:'house of representatives or the senate to consider any bill or resolution, or amendment thereto, providing— 1 new budget authority', 169:'for a fiscal year; 2 new spending authority as described in section 401cx2 post, p. 1056. for a fiscal year;', 170:'or 3 new credit authority for a fiscal year; within the jurisdiction of any committee which has received an appropriate', 171:'allocation of such authority pursuant to subsection a for such fiscal year, imless and until such committee makes the allocation', 172:'or subdivisions required by subsection b, in connection with the most recently agreed to concurrent resolution on the budget for', 173:'such fiscal year. d subsequent concurrent resolutions.—in the c€ise of a concurrent resolution on the budget referred to in section', 174:'304, the post, p. 1047. allocations under subsection a and the subdivisions under subsection b shall be required only to', 175:'the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget.', 176:'e alteration of allocations.—at any time after a committee report. reports the allocations required to be made under subsection ot,', 177:'such committee may report to its house an alteration of such allocations. any alteration of such allocations must be consistent', 178:'with any actions already taken by its house on legislation within the committees jurisdiction. f legislation subject to point of', 179:'order.— 1 in the house of representatives.—after the congress has completed action on a concurrent resolution on the budget for', 180:'a fiscal year, it shall not be in order in the house of representatives to consider any bill, resolution, or', 181:'amendment providing new budget authority for such fiscal year, new entitlement authority effective during such fiscal year, or new credit', 182:'authority for such fiscal year, or any conference report on any such bill or resolution, if— a the enactment of', 183:'such bill or resolution as reported; b the adoption and enactment of such amendment; or c the enactment of such', 184:'bill or resolution in the form recommended in such conference report, would cause the appropriate allocation made pursuant to subsection', 185:'b for such fiscal year of new discretionary budget authority, new entitlement authority, or new credit authority to be exceeded.', 186:'2 in the senate.—at any time after the congress has completed action on the concurrent resolution on the budget required', 187:'to be reported under section 301a for a fiscal year, it ante, p. 1040. shall not be in order in', 188:'the senate to consider any bill or resolution including a conference report thereon, or any amendment to a bill or', 189:'resolution, that provides for budget outlays or new budget authority in excess of the appropriate allocation of such outlays or', 190:'authority reported under subsection b in connection with the most recently agreed to concurrent resolution on the budget for such', 191:'fiscal year. g determinations by budget committees.—for purposes of this section, the levels of new budget authority, spending authority as', 192:'described in section 401cx2, outlays, and new credit authority post, p. 1056. for a fiscal year shall be determined on', 193:'the basis of estimates made 99 stat. 1046 public law 99177—dec. 12, 1985 by the committee on the budget of', 194:'the house of representatives or the senate, as the case may be. concurrent resolution on the budget must be adopted', 195:'before legislation providing new budget authority, new spending authority, new credit authority, or changes in revenues or the pubuc debt', 196:'umit is considered 2 use 634. sec. 303. a in general.—it shall not be in order in either the house', 197:'of representatives or the senate to consider any bill or resolution or amendment thereto as reported to the house or', 198:'senate which provides— 1 new budget authority for a fiscal year; 2 an increase or decrease in revenues to become', 199:'effective during a fiscal year; 3 an increase or decrease in the public debt limit to become effective during a', 200:'fiscal year; 4 new entitlement authority to become effective during a fiscal year; or 5 new credit authority for a', 201:'fiscal year, until the concurrent resolution on the budget for such fiscal year ante, p. 1040. has been agreed to', 202:'pursuant to section 301. qo exceptions.—subsection a does not apply to any bill or resolution— 1 providing new budget authority', 203:'which first becomes available in a fiscal year following the fiscal year to which the concurrent resolution applies; or 2', 204:'increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent', 205:'resolution applies. after may 15 of any calendar year, subsection a does not apply in the house of representatives to', 206:'any general appropriation bill, or amendment thereto, which provides new budget authority for the fiscal year beginning in such calendar', 207:'year. c waiver in the senate.— reports. 1 the committee of the senate which reports any bill or resolution or', 208:'amendment thereto to which subsection a applies may at or after the time it reports such bill or resolution or', 209:'amendment, report a resolution to the senate a providing for the waiver of subsection a with respect to such bill', 210:'or resolution or amendment, and b stating the reasons why the waiver is necessary. the resolution shall then be referred', 211:'to the committee on the budget of the senate. that committee shall report the resolution to the senate within 10', 212:'days after the resolution is referred to it not counting any day on which the senate is not in session', 213:'beginning with the day following the day on which it is so referred, accompanied by that committees recommendations and reasons', 214:'for such recommendations with respect to the resolution. if the committee does not report the resolution within such 10day period,', 215:'it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar.', 216:'2 during the consideration of any such resolution, debate shall be limited to one hour, to be equally divided between,', 217:'and controlled by, the majority leader and minority leader or their designees, and the time on any debatable motion or', 218:'appeal shall be limited to twenty minutes, to be equally divided between, and public law 99177—dec. 12, 1985 99 stat.', 219:'1047 controlled by, the mover and the manager of the resolution. in the event the manager of the resolution is', 220:'in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader', 221:'or his designee. such leaders, or either of them, may, from the time under their control on the passage of', 222:'such resolution, allot additional time to any senator during the consideration of any debatable motion or appeal. no amendment to', 223:'the resolution is in order. 3 if, after the committee on the budget has reported or been discharged from further', 224:'consideration of the resolution, the senate agrees to the resolution, then subsection a shall not apply with respect to the', 225:'bill or resolution or amendment thereto to which the resolution so agreed to applies. permissible revisions of concurrent resolutions on', 226:'the budget sec. 304, a in general.—at any time after the concurrent 2 use 635. resolution on the budget for', 227:'a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the', 228:'ante, p. 1040. two houses may adopt a concurrent resolution on the budget which revises or reaffirms the concurrent resolution', 229:'on the budget for such fiscal year most recently agreed to. b maximum deficit amount may not be exceeded.—the provisions', 230:'of section 301i shall apply with respect to concurrent resolutions on the budget under this section and amendments thereto and', 231:'conference reports thereon in the same way they apply to concurrent resolutions on the budget under such section 301i and', 232:'amendments thereto and conference reports thereon. provisions relating to the consideration of concurrent resolutions on the budget sec. 305. a', 233:'procedure in house of representatives after 2 use 636. report of committee; debate.— 1 when the committee on the budget', 234:'of the house of representatives has reported any concurrent resolution on the budget, it is in order at any time', 235:'after the fifth day excluding saturdays, sundays, and legal holidays following the day on which the report upon such resolution', 236:'by the committee on the budget has been available to members of the house and, if applicable, after the first', 237:'day excluding saturdays, sundays, and legal holidays following the day on which a report upon such resolution by the committee', 238:'on rules pursuant to section 301c has been available to members of the house even thougha previous motion to the', 239:'same effect has been disagreed to to move to proceed to the consideration of the concurrent resolution. the motion is', 240:'highly privileged and is not debatable. an amendment to the motion is not in order, and it is not in', 241:'order ante, p. 1040. to move to reconsider the vote by which the motion is agreed to or disagreed to.', 242:'2 general debate on any concurrent resolution on the budget in the house of representatives shall be limited to not', 243:'more than 10 hours, which shall be divided equally between the majority and minority parties, plus such additional hours of', 244:'debate as are consumed pursuant to paragraph 3. a motion further to limit debate is not debatable. a motion to', 245:'recommit 99 stat. 1048 public law 99177—dec. 12, 1985 the concurrent resolution is not in order, and it is not', 246:'in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to. 3', 247:'following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman', 248:'and ranking minority member of the committee on the budget of the house, there shall be a period of up', 249:'to four hours for debate on economic goals and policies. 4 only if a concurrent resolution on the budget reported', 250:'by the committee on the budget of the house sets forth the economic goals as described in sections 3a2 and', 251:'4b of the 15 use 1022, full employment act of 1946 which the estimates, amounts, 1022a. and levels as described', 252:'in section 301a set forth in such ante, p. 1040. resolution are designed to achieve, shall it be in order', 253:'to offer to such resolution an amendment relating to such goals, and such amendment shall be in order only if', 254:'it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the', 255:'goals proposed in such amendment. 5 consideration of any concurrent resolution on the budget by the house of representatives shall', 256:'be in the committee of the whole, and the resolution shall be considered for amendment under the fiveminute rule in', 257:'accordance with the applicable provisions of rule xxiii of the rules of the house of representatives. after the committee rises', 258:'and reports the resolution back to the house, the previous question shall be considered as ordered on the resolution and', 259:'any amendments thereto to final passage without intervening motion; except that it shall be in order at any time prior', 260:'to final passage notwithstanding any other rule or provision of law to adopt an amendment or a series of amendments', 261:'changing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency. 6', 262:'debate in the house of representatives on the conference report on any concurrent resolution on the budget shall be limited', 263:'to not more than 5 hours, which shall be divided equally between the majority and minority parties. a motion further', 264:'to limit debate is not debatable. a motion to recommit the conference report is not in order, and it is', 265:'not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to.', 266:'7 appeals from decisions of the chair relating to the application of the rules of the house of representatives to', 267:'the procedure relating to any concurrent resolution on the budget shall be decided without debate. b procedure in senate after', 268:'report of committee; debate; amendments.— 1 debate in the senate on any concurrent resolution on the budget, and all amendments', 269:'thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 50 hours, except that', 270:'with respect to any concurrent ante, p. 1047. resolution referred to in section 304a all such debate shall be limited', 271:'to not more than 15 hours. the time shall be equally divided between, and controlled by, the majority leader and', 272:'the minority leader or their designees. 2 debate in the senate on any amendment to a concurrent resolution on the', 273:'budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the public', 274:'law 99177—dec. 12, 1985 99 stat. 1049 manager of the concurrent resolution, and debate on any amendment to an amendment,', 275:'debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover', 276:'and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in', 277:'favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader', 278:'or his designee. no amendment that is not germane to the provisions of such concurrent resolution shall be received. such', 279:'leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot', 280:'additional time to any senator during the consideration of any amendment, debatable motion, or appeal. 3 following the presentation of', 281:'opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member', 282:'of the committee on the budget of the senate, there shall be a period of up to four hours for', 283:'debate on economic goals and policies. 4 subject to the other limitations of this act, only if a concurrent resolution', 284:'on the budget reported by the committee on the budget of the senate sets forth the economic goals as described', 285:'in sections 3ax2 and 4b of the employment act of 1946 which the estimates, amounts, and levels as described in', 286:'15 use 1022, section 301a set forth in such resolution are designed to i022a. achieve, shall it be in order', 287:'to offer to such resolution an ^^^ p ^^ amendment relating to such goals, and such amendment shall be in', 288:'order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be', 289:'consistent with the goals proposed in such amendment. 5 a motion to further limit debate is not debatable. a motion', 290:'to recommit except a motion to recommit with instructions to report back within a specified number of days, not to', 291:'exceed 3, not counting any day on which the senate is not in session is not in order. debate on', 292:'any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the', 293:'mover and the manager of the concurrent resolution. 6 notwithstanding any other rule, an amendment or series of amendments to', 294:'a concurrent resolution on the budget proposed in the senate shall always be in order if such amendment or series', 295:'of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such', 296:'concurrent resolution mathematically consistent or so as to maintain such consistency. c action on conference reports in the senate.— 1', 297:'the conference report on any concurrent resolution on the budget shall be in order in the ^nate at any time', 298:'after the third day excluding saturdays, sunda3rs, and l^al holidays following the day on which such conference report is reported', 299:'and is available to members of the senate. a motion to proceed to the consideration of the conference report may', 300:'be made even though a previous motion to the same effect has been disagreed to. 2 during the consideration in', 301:'the senate of the conference report on any concurrent resolution on the budget, debate shall be limited to 10 hours,', 302:'to be equally divided between, and controlled by, the majority leader and minority leader or their 99 stat. 1050 public', 303:'law 99177—dec. 12, 1985 designees. debate on any debatable motion or appeal related to the conference report shall be limited', 304:'to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report.', 305:'3 should the conference report be defeated, debate on any request for a new conference and the appointment of conferees', 306:'shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report', 307:'and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees', 308:'are named, debate on such motion shall be limited to onehalf hour, to be equally divided between, and controlled by,', 309:'the mover and the manager of the conference report. debate on any amendment to any such instructions shall be limited', 310:'to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report.', 311:'in all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the', 312:'time in opposition shall be under the control of the minority leader or his designee. 4 in any case in', 313:'which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided', 314:'between, and controlled by, the manager of the conference report and the minority leader or his designee. no amendment that', 315:'is not germane to the provisions of such amendments shall be received. d required action by conference committee.—if at the', 316:'end of 7 days excluding saturdays, sundays, and legal holidays after the conferees of both houses have been appointed to', 317:'a committee of conference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect', 318:'to all matters in disagreement between the two houses, then the conferees shall submit to their respective houses, on the', 319:'first day thereafter on which their house is in session— report. 1 a conference report recommending those matters on which', 320:'they have agreed and reporting in disagreement those matters on which they have not agreed; or report. 2 a conference', 321:'report in disagreement, if the matter in disagieement is an amendment which strikes out the entire text of the concurrent', 322:'resolution and inserts a substitute text. e concurrent resolution must be cknsistent in the senate.—it shall not be in order', 323:'in the senate to vote on the question of agreeing to— 1 a concurrent resolution on the budget unless the', 324:'figures then contained in such resolution are mathematically consistent; or report. 2 a conference report on a concurrent resolution on', 325:'the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent. legislation deaung', 326:'with congressional budget must be handled by budget committees 2 use 637. sec. 306. no bill or resolution, and no', 327:'amendment to any bill or resolution, dealing with any matter which is within the jurisdiction of the committee on the', 328:'budget of either house shall be considered in that house unless it is a bill or resolution which has been', 329:'public law 99177—dec. 12, 1985 99 stat. 1051 reported by the committee on the budget of that house or from', 330:'the consideration of which such committee has been discharged or unless it is an amendment to such a bill or', 331:'resolution. house committee action on all appropriation bills to be completed by june 10 sec. 307. on or before june', 332:'10 of each year, the committee onappropriations of the house of representatives shall report annualappropriation bills providing new budget authority', 333:'under the jurisdiction of all of its subcommittees for the fiscal year which begins on october 1 of that year.', 334:'report. 2 usc 638. reports , summaries , and projections of congressional budget actions sec. 308. a reports on legislation', 335:'providing new budget 2 use 639. authority, new spending authority, or new credit authority, or providing an increase or decrease', 336:'in revenues or tax expenditures.— 1 whenever a committee of either house reports to its house a bill or resolution,', 337:'or committee amendment thereto, providing new budget authority other than continuing appropriations, new spending authority described in section 401c2, or', 338:'new credit authority, or providing an increcise or decrease in revenues or tax expenditures for a fiscal year, the report', 339:'accompanying that bill or resolution shall contain a statement, or the committee shall make available such a statement in the', 340:'case of post, p. 1056. an approved committee amendment which is not reported to its house, prepared after consultation with', 341:'the director of the congressional budget office— a comparing the levels in such measure to the appropriate allocations in the', 342:'reports submitted under section 302b for the most recently agreed to concurrent resolutionon the budget for such fiscal year; ante,', 343:'p. 1044. b including an identification of any new spending authority described in section 401c2 which is contained in such', 344:'measure and a justification for the use of such financing method instead of annual appropriations; c containing a projection by', 345:'the congressional budget office of how such measure will affect the levels of such budget authority, budget outlays, spending authority,', 346:'revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments under existing law for such fiscal year and each', 347:'of the four ensuing fiscal years, if timely submitted before such report is filed; and d containing an estimate by', 348:'the congressional budgetoffice of the level of new budget authority for assistance tostate and local governments provided by such measure,', 349:'if timely submitted before such report is filed. 2 whenever a conference report is filed in either house and such', 350:'conference report or any amendment reported in disagreement or any amendment contained in the joint statement of managers to be', 351:'proposed by the conferees in the case of technical disagreement on such bill or resolution provides new budget authority other', 352:'than continuing appropriations, new spending authority described in section 401c2, or new credit state and local governments. 99 stat. 1052', 353:'public law 99177—dec. 12, 1985 authority, or provides an increase or decrease in revenues for a fiscal year, the statement', 354:'of managers accompanying such conference report shall contain the information described in paragraph 1, if available on a timely basis.', 355:'if such information is not available when the conference report is filed, the committee shall make such information available to', 356:'members as soon as practicable prior to the consideration of such conference report. b uptodate tabulations of congressional budget action.—', 357:'1 the director of the congressional budget office shall issue to the committees of the house of representatives and the', 358:'senate reports on at least a monthly basis detailing and tabulating the progress of congressional action on bills and resolutions', 359:'providing new budget authority, new spending authority de post, p. 1056. scribed in section 401cx2, or new credit authority, or', 360:'providing an increase or decrease in revenues or tax expenditures for a fiscal year. such reports shall include but are', 361:'not limited to an uptodate tabulation comparing the appropriate aggregate and functional levels including outlays included in the most recently', 362:'adopted concurrent resolution on the budget with the levels provided in bills and resolutions reported by committees or adopted by', 363:'either house or by the congress, and with the levels provided by law for the fiscal year preceding such fiscal', 364:'year. 2 the committee on the budget of each house shall make available to members of its house summary budget', 365:'scorekeeping reports. such reports— a shall be made available on at least a monthly basis, but in any case frequently', 366:'enough to provide members of each house an accurate representation of the current status of congressional consideration of the budget;', 367:'b shall include, but are not limited to, summaries of tabulations provided under subsection bxd; and c shall be based', 368:'on information provided under subsection b1 without substantive revision. the chairman of the committee on the budget of the house', 369:'of representatives shall submit such reports to the speaker. c fiveyear projection op congressional budget action.— as soon as practicable', 370:'after the beginning of each fiscal year, the director of the congressional budget office shall issue a report projecting for', 371:'the period of 5 fiscal years beginning with such fiscal year— 1 total new budget authority and total budget outlays', 372:'for each fiscal year in such period; 2 revenues to be received and the major sources thereof, and the surplus', 373:'or deficit, if any, for each fiscal year in such period; taxes. 3 tax expenditures for each fiscal year in', 374:'such period; 4 entitlement authority for each fiscal year in such period; and 5 credit authority for each fiscal year', 375:'in such period. house approval of regular appropriation bills 2 use 640. sec. 309. it shall not be in order', 376:'in the house of representatives to consider any resolution providing for an adjournment period of more than three calendar days', 377:'during the month of july until the public law 99177—dec. 12, 1985 99 stat. 1053 house of representatives has approved', 378:'annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the committee on appropriations for', 379:'the fiscal year beginning on october 1 of such year. for purposes of this section, the chairman of the committee', 380:'on appropriations of the house of representatives shall periodically advise the speaker as to changes in jurisdiction among its various', 381:'subcommittees. reconciliation sec. 310. a inclusion of reconciuation directives in 2 use 641. concurrent resolutions on the budget.—a concurrent resolution', 382:'on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution,', 383:'shall— 1 specify the total amount by which— a new budget authority for such fiscal year; b budget authority initially', 384:'provided for prior fiscal years; c new entitlement authority which is to become effective during such fiscal year; and d', 385:'credit authority for such fiscal year, contained in laws, bills, and resolutions within the jurisdiction of a committee, is to', 386:'be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount; 2', 387:'specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine', 388:'and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount; 3 specify', 389:'the amounts by which the statutory limit on the public debt is to be changed and direct the committee having', 390:'jurisdiction to recommend such change; or 4 specify and direct any combination of the matters described in paragraphs 1, 2,', 391:'and 3. b legislative procedure.—if a concurrent resolution containing directives to one or more committees to determine and recommend changes', 392:'in laws, bills, or resolutions is agreed to in accordance with subsection a, and— 1 only one committee of the', 393:'house or the senate is directedto determine and recommend changes, that committee shall promptly make such determination and recommendations and', 394:'report to its house reconciliation legislation containing such recommendations; or report. 2 more than one committee of the house or', 395:'the senate isdirected to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations', 396:'and submit such recommendations to the report. committee on the budget of its house, which, upon receiving all such recommendations,', 397:'shall report to its house reconciliation legislation carrying out all such recommendations without any substantive revision. for purposes of this', 398:'subsection, a reconciliation resolution is a concurrent resolution directing the clerk of the house of representatives or the secretary of', 399:'the senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.', 400:'99 stat. 1054 public law 99177—dec. 12, 1985 c compliance with reconciliation directions.—any committee of the house of representatives or', 401:'the senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the', 402:'type described in paragraphs 1 and 2 of subsection a with respect to laws within its jurisdiction, shall be deemed', 403:'to have complied with such directions— lif a the amount of the changes of the type described in paragraph 1', 404:'of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee', 405:'was directed by such concurrent resolution to recommend under such paragraph by more than 20 percent of the total of', 406:'the amounts of the changes such committee was directed to make under paragraphs 1 and 2 of such subsection, and', 407:'b the amount of the changes of the type described in paragraph 2 of such subsection recommended by such committee', 408:'do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to', 409:'recommend under that paragraph by more than 20 percent of the total of the amounts of the changes such committee', 410:'was directed to make under paragraphs 1 and 2 of such subsection; and 2 if the total amount of the', 411:'changes recommended by such committee is not less than the total of the amounts of the changes such committee was', 412:'directed to make under paragraphs 1 and 2 of such subsection. d limitation on amendments to reconciliation bills and resolutions.—', 413:'1 it shall not be in order in the house of representatives to consider any amendment to a reconciliation bill', 414:'or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of', 415:'such outlays provided in the bill or resolution for the fiscal years covered by the reconciliation instructions set forth in', 416:'the most recently agreed to concurrent resolution on the budget, or would have the effect of reducing any specific federal', 417:'revenues below the level of such revenues provided in the bill or resolution for such fiscal years, unless such amendment', 418:'makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific federal revenues, or', 419:'an equivalent combination thereof for such fiscal years, except that a motion to strike a provision providing new budget authority', 420:'or new entitlement authority may be in order. 2 it shall not be in order in the senate to consider', 421:'any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific', 422:'budget outlay reductions below the level of such outlay reductions provided for the fiscal years covered in the reconciliation instructions', 423:'which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect', 424:'of reducing federal revenue increases below the level of such revenue increases provided for such fiscal years in such instructions', 425:'relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in', 426:'other specific federal revenues, or a combination thereof for such fiscal years at least equivalent to public law 99177—dec. 12,', 427:'1985 99 stat. 1055 any increase in outlays or decrease in revenues provided by such amendment, except that a motion', 428:'to strike a provision shall always be in order. 3 paragraphs 1 and 2 shall not apply if a declaration', 429:'of war by the congress is in effect. 4 for purposes of this section, the levels of budget outlays and', 430:'federal revenues for a fiscal year shall be determined on the basis of estimates made by the committee on the', 431:'budget of the house of representatives or of the senate, as the case may be. 5 the committee on rules', 432:'of the house of representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a', 433:'concurrent resolution on the budget if a committee or committees of the house fail to submit recommended changes to its', 434:'committee on the budget pursuant to its instruction. e procedure in the senate.— 1 except as provided in paragraph 2,', 435:'the provisions of section 305 for the consideration in the senate of concurrent ante, p. 1047. resolutions on the budget', 436:'and conference reports thereon shall also apply to the consideration in the senate of reconciliation bills reported under subsection qji', 437:'and conference reports thereon. 2 debate in the senate on any reconciliation bill reported under subsection b, and all amendments', 438:'thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. f completion', 439:'of reconciliation process.— 1 in general.—congress shall complete action on any congress. reconciliation bill or reconciliation resolution reported under subsection', 440:'b not later than june 15 of each year. 2 point of order in the house of representatives.—it shall not', 441:'be in order in the house of representatives to consider any resolution providing for an adjournment period of more than', 442:'three calendar days during the month of july until the house of representatives has completed action on the reconciliation legislation', 443:'for the fiscal year beginning on october 1 of the calendar year to which the adjournment resolution pertains, if reconciliation', 444:'legislation is required to be reported by the concurrent resolution on the budget for such fiscal year. g limitation on', 445:'changes to the social security act.— notwithstanding any other provision of law, it shall not be in order in the', 446:'senate or the house of representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution', 447:'on the budget agreed to under section 301 or ante, pp. 1044, 304, or a resolution pursuant to section 2540t', 448:'of the balanced 1047. budget and emergency deficit control act of 1985, or any amend^°^^ p ^^^ ment thereto or', 449:'conference report thereon, that contains recommendations with respect to the oldage, survivors, and disability insurance program established under title ii', 450:'of the social security act. 42 use 401. new budget authorffy, new spending authority, and revenue legislation must be within', 451:'appropriate levels sec. 311. a legislation subject to point of order.—except as 2 use 642. provided by subsection h\ after', 452:'the dongress has completed action 99 stat. 1056 public law 99177—dec. 12, 1985 on a concurrent resolution on the budget', 453:'for a fiscal year, it shall not be in order in either the house of representatives or the senate to', 454:'consider any bill, resolution, or amendment providing new budget authority for such fiscal year, providing new entitlement authority effective during', 455:'such fiscal year, or reducing revenues for such fiscal year, or any conference report on any such bill or resolution,', 456:'if— 1 the enactment of such bill or resolution as reported; 2 the adoption and enactment of such amendment; or', 457:'3 the enactment of such bill or resolution in the form recommended in such conference report; would cause the appropriate', 458:'level of total new budget authority or total budget outlays set forth in the most recently agreed to concurrent resolution', 459:'on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate', 460:'level of total revenues set forth in such concurrent resolution or, in the senate, would otherwise result in a deficit', 461:'for such fiscal year that exceeds the maximum deficit amount specified for such fiscal year in section ante, pp. 1039,', 462:'37 except to the extent that paragraph 1 of section 301i or 1040. section 304b, as the case may be,', 463:'does not apply by reason of ante, p. 1047. paragraph 2 of such subsection. b exception in the house of', 464:'representatives.—subsection a shall not apply in the house of representatives to any bill, resolution, or amendment which provides new budget', 465:'authority or new entitlement authority effective during such fiscal year, or to any conference report on any such bill or', 466:'resolution, if— 1 the enactment of such bill or resolution as reported; 2 the adoption and enactment of such amendment;', 467:'or 3 the enactment of such bill or resolution in the form recommended in such conference report, would not cause', 468:'the appropriate allocation of new discretionary budget authority or new entitlement authority made pursuant to ante, p. 1044. section 302a', 469:'for such fiscal year, for the committee within whose jurisdiction such bill, resolution, or amendment falls, to be exceeded. c', 470:'determination of budget levels.—for purposes of this section, the levels of new budget authority, budget outlays, new entitlement authority, and', 471:'revenues for a fiscal year shall be determined on the basis of estimates made by the committee on the budget', 472:'of the house of representatives or of the senate, as the case may be.. subpart ii—amendments to title iv of', 473:'the congressional budget act of 1974 sec. 211. new spending authority. 2 use 651. section 401 of the congressional budget', 474:'act of 1974 is amended to read as follows: bills providing new spending authority sec. 401. a controls on legislation', 475:'providing spending authority.—it shall not be in order in either the house of representatives or the senate to consider any', 476:'bill, resolution, or conference report, as reported to its house which provides new spending authority described in subsection c2 a', 477:'or b or any amendment which provides such new spending authority, unless that bill, resolution, conference report, or amendment also', 478:'provides public law 99177—dec. 12, 1985 99 stat. 1057 that such new spending authority as described in subsection cx2 a', 479:'or b is to be effective for any fisccd year only to such extent or in such amounts as are', 480:'provided in appropriation acts. b legislation providing entitlement authority.— 1 it shall not be in order in either the house', 481:'of representatives or the senate to consider any bill or resolution which provides new spending authority described in subsection cx2xc', 482:'or any amendment which provides such new spending authority which is to become effective before the first day of the', 483:'fiscal year which begins during the calendar year in which such bill or resolution is reported. 2 if any committee', 484:'of the house of representatives or the senate reports any bill or resolution which provides new spending authority described in', 485:'subsection cx2xc which is to become effective during a fiscal year and the amount of new budget authority which will', 486:'be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation', 487:'of new budget authority reported under section 302b in connection with the most recently agreed to concurrent resolution on the', 488:'budget for such fiscal year, such bill or resolution shall then be referred to the committee on appropriations of that', 489:'house with instructions to report it, with the committees recommendations, within 15 calendar days not counting any day on which', 490:'that house is not in session beginning with the day following the day on which it is so referred. if', 491:'the committee on appropriations of either house fails to report a bill or resolution referred to it under this paragraph', 492:'within such 15day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such', 493:'bill or resolution shall be placed on the appropriate calendar. ante, p. 1044. 3 the committee on appropriations of each', 494:'house shall have jurisdiction to report any bill or resolution referred to it under paragraph 2 with an amendment which', 495:'limits the total amount of new spending authority provided in such biu or resolution. c definitions.— 1 for purposes of', 496:'this section, the term new spending authority means spending authority not provided by law on the effective date of this', 497:'act, including any increase in or addition to spending authority provided by law on such date. 2 for purposes of', 498:'paragraph 1, the term spending authority means authority whether temporary or permanent— a to enter into contracts under which the', 499:'united states is obligated to make outlays, the budget authority for which is not provided in advance by appropriation acts;', 500:'b to incur indebtedness other than indebtedness incurred under chapter 31 of title 31 of the united states c!ode for', 501:'the repayment of which the united states isliable, the budget authority for which is not provided inadvance by appropriation acts;', 502:'31 usc 3101 etseq. c to make pa3nnents including loans and grants, the budget authority for which is not provided', 503:'for in advance by appropriation acts, to any person or government if, under the provisions of the law containing such', 504:'authority, the united states is obligated to make such payments to 99 stat. 1058 public law 99177—dec. 12, 1985 persons', 505:'or governments who meet the requirements established by such law; d to forego the collection by the united states of', 506:'proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation acts to offset such foregone', 507:'receipts; and e to make payments by the united states including loans, grants, and payments from revolving funds other than', 508:'those covered by subparagraph a, b, c, or d, the budget authority for which is not provided in advance by', 509:'appropriation acts. such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person', 510:'or government. d exceptions.— 1 subsections a and b shall not apply to new spending authority if the budget authority', 511:'for outlays which will result from such new spending authority is derived— a from a trust fund established by the', 512:'social security 42 use 1305. act as in effect on the date of the enactment of this act; or b', 513:'from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts', 514:'transferred from the general fund of the treasury equivalent to amounts of taxes related to the purposes for which such', 515:'outlays are or will be made received in the treasury under 26 use 1 et seq. specified provisions of the', 516:'internal revenue code of 1954. 2 subsections a and b shall not apply to new spending authority which is an', 517:'amendment to or extension of the state 31 use 6702. and local fiscal assistance act of 1972, or a continuation', 518:'of the program of fiscal assistance to state and local governments provided by that act, to the extent so provided', 519:'in the bill or resolution providing such authority. 3 subsections a and b shall not apply to new spending authority', 520:'to the extent that— corporation. a the outlays resulting therefrom are made by an organization which is i a mixedownership', 521:'government corporation as defined in section 201 of the government 31 use 9101. c!orporation control act, or ii a wholly', 522:'owned govern 31 use 9101. ment corporation as defined in section 101 of such act which is specifically exempted by', 523:'law from compliance with any or all of the provisions of that act, as of the date of enactment of', 524:'the balanced budget and emergency deficit control act of 1985; or gifts and b the outlays resulting therefrom consist exclusively', 525:'of property. the proceeds of gifts or bequests made to the united states for a specific purpose.. sec. 212. credit', 526:'authority. 2 use 652. section 402 of the congressional budget act of 1974 is amended to read as follows: legislation', 527:'providing new credit authority sec. 402. a controls on legislation providing new credit authority.—it shall not be in order in', 528:'either the house of representatives or the senate to consider any bill, resolution, or conference report, as reported to its', 529:'house, or any amendment which public law 99177—dec. 12, 1985 99 stat. 1059 provides new credit authority described in subsection', 530:'bxl, unless that bill, resolution, conference report, or amendment also provides that such new credit authority is to be effective', 531:'for any fiscal year only to such extent or in such amounts as are provided in appropriation acts. b definition.—for', 532:'purposes of this act, the term new credit authority means credit authority as defined in section 310 of this act', 533:'not provided by law on the effective date of this section, including any increase in or addition to credit authority', 534:'provided by law on such date.. sec. 213. description by congressional budget office. a congressional budget office analysis.—section 403a of', 535:'the congressional budget act of 1974 is amended by striking out and at the end of paragraph 2, by striking', 536:'out the period and inserting ; and at the end of paragraph 3, and by inserting at the end thereof', 537:'the following new paragraph: 4 a description of each method for establishing a federal financial commitment contained in such bill', 538:'or resolution.. b conforming amendment.—the second sentence of section 403a of such act is amended by striking out estimates and', 539:'comparison and inserting in lieu thereof estimates, comparison, and description. sec. 214. general accounting office study; offbudget agencies; member user', 540:'group. title iv of the congressional budget act of 1974 is amended by inserting at the end thereof the following', 541:'new sections: study by the general accounting office of forms of federal financial commitment that are not reviewed annually by', 542:'congress sec. 405. the general accounting office shall study those provisions of law which provide spending authority as described by', 543:'section 401cx2 and which provide permanent appropriations, and report to the congress its recommendations for the appropriate form of financing', 544:'for activities or programs financed by such provisions not later than eighteen months after the effective date of this section.', 545:'such report shall be revised from time to time. offbudget agencies, programs, and acnvities sec. 406. a notwithstanding any other', 546:'provision of law, budget authority, credit authority, and estimates of outlays and receipts for activities of the federal budget which', 547:'are offbudget immediately prior to the date of enactment of this section, not including activities of the federal oldage and', 548:'survivors insurance and federal disability insurance trust funds, shall be included in a budget submitted pursuant to section 1105 of', 549:'title 31, united states code, and in a concurrent resolution on the budget reported pursuant to section 301 or section', 550:'304 of this act and shall be considered, for purposes of this act, budget authority, outlays, and spending authority in', 551:'accordance with definitions set forth in this act. b all receipts and disbursements of the federal financing bank math respect', 552:'to any obligations which are issued, sold, or guaranteed by a federal agency shall be treated as a means of', 553:'financing such ante, p. 1039. 2 use 653. report. 2 use 654. ante, p. 1056. 2 use 655. post, p.', 554:'1063. ante, pp. 1040, 1047. banks and banking. 99 stat. 1060 public law 99177—dec. 12, 1985 98 stat. 2324. agency', 555:'for purposes of section 1105 of title 31, united states code, and for purposes of this act. member user group', 556:'2 use 656. sec. 407. the speaker of the house of representatives, after consulting with the minority leader of the', 557:'house, may appoint a member user group for the purpose of reviewing budgetary scorekeeping rules and practices of the house', 558:'and advising the speaker from time to time on the effect and impact of such rules and practices.. subpart iii—additional', 559:'provisions to improve budget procedures sec. 221. congressional budget office. 2 use 602. a reporting date.—section 202fkl of the congressional', 560:'budget act of 1974 is amended by striking out april 1 in the first sentence and inserting in lieu thereof', 561:'february 15. qa additional reporting requirement.—section 202f of such act is further amended by adding at the end thereof the', 562:'following new paragraph: report. 3 on or before january 15 of each year, the director, after consultation with the appropriate', 563:'committees of the house of representatives and senate, shall submit to the congress a report listing a all programs and', 564:'activities funded during the fiscal year ending september 30 of that calendar year for which authorizations for appropriations have not', 565:'been enacted for that fiscal year, and b all programs and activities for which authorizations for appropriations have been enacted', 566:'for the fiscal year ending september 30 of that calendar year, but for which no authorizations for appropriations have been', 567:'enacted for the fiscal year beginning october 1 of that calendar year.. c studies.—section 202 of such act is further', 568:'amended by adding at the end thereof the following new subsection: h studies.—the director shall conduct continuing studies to enhance', 569:'comparisons of budget outlays, credit authority, and tax expenditures.. sec. 222. current services budget for congressional budget purposes. a current', 570:'services budget.—the first sentence of section 1109a of title 31, united states code, is amended by striking out before november', 571:'11 of each year and inserting in lieu thereof on or before the first monday after january 3 of each', 572:'year on or before february 5 in 1986. oa joint economic committee review.—section 1109b of title 31, united states code,', 573:'is amended by striking out january 1 and inserting in lieu thereof march 1. sec. 223. study of offbudget agencies.', 574:'repeal. section 606 of the congressional budget act of 1974 is repealed 2 use 661. sec. 224. changes in functional', 575:'categories. section 1104c of title 31, united states code, is amended by adding at the end thereof the following new', 576:'sentence: committees public law 99177—dec. 12, 1985 99 stat. 1061 of the house of representatives and senate shall receive prompt', 577:'notification of all such changes.. sec. 225. jurisdiction of committee on government operations. clause lj of rule x of the', 578:'rules of the house of representatives is amended by inserting after item 5 the following new item: 6 measures providing', 579:'for offbudget treatment of federal agencies or programs.. sec. 226. continuing study of congressional budget process. clause 3 of rule', 580:'x of the rules of the house of representatives is amended by adding at the end thereof the following: i', 581:'the committee on rules shall have the function of reviewing report. and studying, on a continuing bsisis, the congressional budget', 582:'process, and the committee shall, from time to time, report its findings and recommendations to the house.. sec. 227. early', 583:'election of committees of the house. clause 6a1 of rule x of the rules of the house of representatives is', 584:'amended by striking out at and inserting in lieu thereof within the seventh calendar day beginning after, and by adding', 585:'at the end thereof the following new sentence: it shall always be in order to consider resolutions recommended by the', 586:'respective party caucuses to change the composition of standing committees.. sec. 228. rescissions and transfers in appropriation bills. a rescissions.—clause', 587:'2b of rule xxi of the rules of the house of representatives is amended by inserting before the period at', 588:'the end thereof the following: , and except rescissions of appropriations contained in appropriation acts. b transfers.—clause 6 of rule', 589:'xxi of the rules of the house of representatives is amended by inserting before the period at the end thereof', 590:'the following: , and shall not apply to transfers of unexpended balances within the department or agency for which they', 591:'were originally appropriated, reported by the committee on appropriations. subpart iv—technical and conforming amendments sec. 231. table of contents. the', 592:'table of contents set forth in section 1b of the congressional budget and impoundment control act of 1974 with respect', 593:'to title iii is amended to read as follows: title iii—congressional budget process sec. 300. timetable. sec. 301. annual adoption', 594:'of concurrent resolution on the budget. sec. 302. committee allocations. sec. 303. concurrent resolution on the budget must be adopted', 595:'before legislation providing new budget authority, new spending authority, new credit au thority or changes in revenues or the public', 596:'debt limit is considered. sec. 304. permissible revisions of concurrent resolutions on the budget. sec. 305. procedures relating to consideration', 597:'of concurrent resolutions on the budget. sec. 306. legislation dealing with congressional budget must be handled by budget committees. sec.', 598:'307. house committee action on all appropriation bills to be completed by june 10. sec. 308. reports, summaries, and projections', 599:'of congressional budget actions. sec. 309. house approval of regular appropriation bills. 99 stat. 1062 public law 99177—dec. 12, 1985', 600:'sec. 310. reconciliation. sec. 311. new budget authority, new spending authority, and revenue legislation must be within appropriate levels.. sec.', 601:'232. additional technical and conforming amendments. a table of contents.—the table of contents set forth in section 1b of the', 602:'congressional budget and impoundment control act of 1974 is amended— 1 by striking out the item relating to section 402', 603:'and inserting in lieu thereof the following new item: sec. 402. legislation providing new credit authority. ; 2 by inserting', 604:'after the item relating to section 404 the following new items: sec. 405. study by the general accounting office of', 605:'forms of federal financial commitment that are not reviewed annually by congress. sec. 406. offbudget agencies, programs, and activities. sec.', 606:'407. member user group. ; and 3by striking out the item relating to section 606. 2 use 622. 0? technical', 607:'amendment.—paragraph 4 of section 3 of the congressional budget and impoundment control act of 1974 is amended— 1 by adding', 608:'and after the semicolon at the end of subparagraph a; 2by striking out subparagraph b; and 3 by redesignating subparagraph', 609:'c as subparagraph b. c technical amendment.—subparagraph 2 of clause 40? of rule x of the rules of the house', 610:'of representatives is amended by striking out first concurrent resolution and inserting in lieu thereof concurrent resolutions. d technical amendment.—clause', 611:'4g of rule x of the rules of the house of representatives is amended by striking out march 15 and', 612:'inserting in lieu thereof february 25. e technical amendment.—clause 211 of rule xi of the rules of the house of', 613:'representatives is amended— 1 by striking out except as provided in subdivision c in subparagraph a thereof; and 2by repealing', 614:'subparagraph c thereof. f technical amendment.—clause 213b of rule xi of the rules of the house of representatives is amended', 615:'by inserting 1 after section 308a, and by striking out new budget authority or new or increased tax expenditures and', 616:'inserting in lieu thereof new budget authority other than continuing appropriations, new spending authority described in section 401c2 of such', 617:'act, new credit authority, or an increase or decrease in revenues or tax expenditures. g technical amendment.—rule xlix of the', 618:'rules of the house of representatives is amended by striking out , 304, or 310 in clause 1 and inserting', 619:'in lieu thereof or 304. h technical amendment.—clause 1e2 of rule x of the rules of the house of representatives', 620:'is amended by inserting before the period at the end thereof the following: , and any resolution pursuant to section', 621:'2540t of the balanced budget and emergency deficit control act of 1985. public law 99177dec. 12, 1985 99 stat. 1063', 622:'part b—budget submitted by the president sec. 241. submission of presidents budget; maximum deficit amount may not be exceeded. a', 623:'submission of presidents budget.—the first sentence of section 1105a of title 31, united states code, is amended by strik 98', 624:'stat. 2324. ing out during the first 15 days of each regular session of congress and inserting in lieu thereof', 625:'the following: on or before the first monday after january 3 of each year or on or before february 5', 626:'in 1986. 03 maximum deficit amount may not be exceeded.—section 1105 of title 31, united states code, is amended by', 627:'adding at the end thereof the following new subsection: f1 the budget transmitted pursuant to subsection a for a fiscal', 628:'year shall be prepared on the basis of the best estimates then available, in such a manner as to ensure', 629:'that the deficit for such fiscal year shall not exceed the maximum deficit amount for such fiscal year as determined', 630:'under paragraph 7 of section 3 of the congressional budget and impoundment control act of 1974. ante, p. 1039. 2', 631:'the deficit set forth in the budget so transmitted for any fiscal year shall not exceed the maximum deficit amount', 632:'for such fiscal year as determined under paragraph 7 of section 3 of the congressional budget and impoundment control act', 633:'of 1974, with budget outlays and federal revenues at such levels as the president may consider most desirable and feasible.', 634:'3 paragraphs 1 and 2 shall not apply if a declaration of war by the congress is in effect.. sec.', 635:'242. supplemental budget estimates and changes. a change in date of submission.—the first sentence of section ll6b of title 31,', 636:'united states code, is amended by striking out april 11 and. b revisions and supplemental summaries.—section 1106 of title 31', 637:'of such code is further amended by adding at the end thereof the following new subsection: c subsection f of', 638:'section 1105 shall apply to revisions and supra. supplemental summaries submitted under this section to the same extent that such', 639:'subsection applies to the budget submitted under section 1105a to which such revisions and summaries relate.. part c—emergency powers to', 640:'eliminate deficits in excess of maximum deficit amount sec. 251. reporting of excess deficits. 2 usc 901. a initial estimates,', 641:'determinations, and report by om b and cbo. 1 estimates and determinations.—the director of the office of management and budget', 642:'and the director of the congressional budget office in this part referred to as the directors shall with respect to', 643:'each fiscal year— aestimate the budget base levels of total revenues and budget outlays that may be anticipated for such', 644:'fiscal year as of august 15 of the calendar year in which such fiscal 99 stat. 1064 public law 99177—dec.', 645:'12, 1985 year begins or as of january 10, 1986, in the case of the fiscal year 1986, bdetermine whether', 646:'the projected deficit for such fiscal year will exceed the maximum deficit amount for such fiscal year and whether such', 647:'deficit excess will be greater than $10,000,000,000 zero in the case of fiscal years 1986 and 1991, and c estimate', 648:'the rate of real economic growth that will occur during such fiscal year, the rate of real economic growth that', 649:'will occur during each quarter of such fiscal year, and the rate of real economic growth that will have occurred', 650:'during each of the last two quarters of the preceding fiscal year. 2 report.—the directors jointly shall report to the', 651:'comptroller general on august 20 of the calendar year in which such fiscal year begins or on january 15, 1986,', 652:'in the case of the fiscal year 1986, estimating the budget base levels of total revenues and total budget outlays', 653:'for such fiscal year, identifying the amount of any deficit excess for such fiscal year, stating whether such excess is', 654:'greater than $10,000,000,000 zero in the case of fiscal years 1986 and 1991, specifying the estimated rate of real economic', 655:'growth for such fiscal year, for each quarter of such fiscal year, and for each of the last two quarters', 656:'of the preceding fiscal year, indicating whether the estimate includes two or more consecutive quarters of negative real economic growth,', 657:'and specifying if the excess is greater than $10,000,000,000, or zero in the case of fiscal years 1986 and 1991,', 658:'by account, for nondefense programs, and by account and programs, projects, and activities within each account, for defense programs, the', 659:'base from which reductions are taken and the amounts and percentages by which such accounts must be reduced during such', 660:'fiscal year, in accordance with the succeeding provisions of this part, in order to eliminate such excess. 3 determination of', 661:'reductions.—the amounts and percentages by which such accounts must be reduced during a fiscal year shall be determined as follows:', 662:'ai if the deficit excess for the fiscal year is greater than $10,000,000,000 zero in the case of fiscal years', 663:'1986 and 1991, such deficit excess shall be divided into halves. ii in the case of fiscal year 1986, the', 664:'amount of such excess— ishall be multiplied by seven twelfths before being divided into halves in accordance with clause i,', 665:'and iishall not exceed $11,700,000,000. b subject to the exemptions, exceptions, limitations, special rules, and definitions set forth in this', 666:'section and in post, pp. 1082, sections 255, 256, and 257, the reductions necessary to 1086,1092. eliminate onehalf of the', 667:'deficit excess for the fiscal year as adjusted under subparagraph aii in the case of fiscal year 1986 shall be', 668:'made in outlays under accounts within major functional category 050 in this part referred to £is outlays under defense programs,', 669:'and the reductions necessary to eliminate the other half of the deficit excess or the adjusted deficit excess, in the', 670:'case of fiscal year 1986 shall be made in outlays under other accounts of the federal government in this part', 671:'referred to as outlays under nondefense programs. public law 99177—dec. 12, 1985 99 stat. 1065 cxi the total amount by', 672:'which outlays for automatic spending increases scheduled to take effect during the fiscal year are to be reduced shall be', 673:'determined in accordance with clause ii of this subparagraph. ii each such automatic spending increase shall be reduced— i to', 674:'zero a uniform percentage reduction of 100 percent, or ii by a uniform percentsige reduction of less than 100 percent', 675:'calculated in a manner to reduce total outlays for the fiscal year by onehalf of the deficit excess or the', 676:'adjusted deficit excess, in the case of fiscal year 1986, if the elimination of all such increases would reduce total', 677:'outlays for the fiscal year by more than onehalf of the deficit excess or the adjusted deficit excess, in the', 678:'case of fiscal year 1986 for the fiscal year. dthe total amount of the outlay reductions determined under subparagraph c', 679:'shall be divided into two amounts: i an amount equal to the outlay reductions attributable to programs specified in subparagraph', 680:'a of section 2571; and ii an amount equal to the outlay reductions attributable to prc^ams specified in subparagraph b', 681:'of section 2571. exi for purposes of subparagraph b, onehalf of the amount of the reductions determined under clause i', 682:'of subparagraph d shall be credited as reductions in outlays under defense programs, and the total emiount of reductions in', 683:'outlays under defense programs required under subparagraph b shall be reduced accordingly. ii sequestration of new budget authority and unobligated', 684:'balances to achieve the remaining reductions in outlays under defense programs required under subparagraph bshall be determined £is provided in', 685:'subsection d. fxi for purposes of subparagraph b— i onehalf of the amount of the reductions determined under clause i', 686:'of subparagraph d, and iithe amount of the reductions determined under clause ii of subparagraph d, shall be credited £is', 687:'reductions in outlays under nondefense programs, and the total amount of reductions in outlays under nondefense programs required under subparagraph', 688:'bshall be reduced accordingly. ii the maximum reduction permissible for each program to which an exception, limitation, or special rule', 689:'set forth in subsection c or f of section 256 applies shall be determined, and the total amount of reductions', 690:'in outlays under nondefense programs required under subparagraph bshall be reduced by the amount of the reduction determined with respect', 691:'to each such program. iiixd except as provided in subclause ii, the maximum reduction permissible for each of the programs', 692:'to which the special rules set forth in sections 256d and 256k apply shall be determined, and the total amount', 693:'of outlays under nondefense programs required under subparagraph b post, p. 1092. defense and national security. post, p. 1086. 99', 694:'stat. 1066 public law 99177—dec. 12, 1985 ante, p. 1056. post, p. 1072. report. post, p. 1092. post, p. 1086.', 695:'shall be reduced by the amount of the maximum reductions so determined. iiif the maximum reduction determined in accordance with', 696:'subclause i with respect to the programs to which that subclause relates would reduce outlays for such programs by an', 697:'amount in excess of the remaining amount of the reduction in outlays in nondefense programs required under subparagraph b, outlays', 698:'for such programs shall instead be reduced proportionately by such lesser percentage as will achieve such remaining required reductions. ivi', 699:'sequestrations and reductions under the remaining nondefense programs shall be applied on a uniform percentage basis so as to reduce', 700:'new budget authority, new loan guarantee commitments, new direct loan obligations, obligation limitations, and spending authority as defined in section', 701:'401cx2 of the congressional budget act of 1974 to the extent necessary to achieve any remaining required outlay reductions. ii', 702:'for purposes of determining reductions under subclause i, any reduction in outlays of the commodity credit corporation under an order', 703:'issued by the president under section 252 for a fiscal year, with respect to contracts entered into during that fiscal', 704:'year, that will occur during the succeeding fiscal year, shall be credited as reductions in outlays for the fiscal year', 705:'in which the order is issued. the determination of which accounts are within major functional category 050 and which are', 706:'not, for purposes of subparagraph b, shall be made by the directors in a manner consistent with the budget submitted', 707:'by the president for the fiscal year 1986; except that for such purposes no part of the accounts entitled federal', 708:'emergency management agency, salaries and expenses 58010001999 and federal emergency management agency, emergency management planning and assistance 58010101999 shall be', 709:'treated as being within functional category 050. 4 additional specifications.—the report submitted under paragraph 2 must also specify with respect', 710:'to the fiscal year involved— a the amount of the automatic spending increase if any which is scheduled to take', 711:'effect in the case of each program providing for such increases, the amount and percentage by which such increase is', 712:'to be reduced, the amount by which the deficit excess as adjusted under paragraph 3aii, in the case of fiscal', 713:'year 1986 will be reduced as a result of the elimination or reduction of automatic spending increases stated separately for', 714:'increases under programs listed in subparagraph a of section 2571 and increases under programs listed in subparagraph b of that', 715:'section, and the amount if any of each such increase, stated in terms of percentage points, which will take effect', 716:'after reduction under this part; bthe amount of the savings if any to be achieved in the application of each', 717:'of the special rules set forth in subsections c through 1 of section 256, along with a statement of i', 718:'the new federal matching rate resulting from the application of subsection e of that section, and ii the amount of', 719:'the percentage reduction in payments to the public law 99177—dec. 12, 1985 99 stat. 1067 states under section 204 of', 720:'the federalstate extended unemployment compensation act of 1970; and cxi for defense programs, by account and by program, project, and', 721:'activity within each account, the reduction stated in terms of both percentage and amount in new budget authority and unobligated', 722:'balances, together with the estimated outlay reductions resulting therefrom; and iifor nondefense programs, by account, the reduction, stated in terms', 723:'of both percentage and amount, in new budget authority, new loan guarantee commitments, new direct loan obligations, obligation limitations, and', 724:'spending authority as defined in section 401cx2 of the congressional budget act of 1974, together with the estimated outlay reductions', 725:'resulting therefrom. 5 basis for directors estimates, determinations, and specifications.—the estimates, determinations, and specifications of the directors under the preceding', 726:'provisions of this subsection and under subsection cxd shall utilize the budget base, criteria, and guidelines set forth in paragraph', 727:'6 and in sections 255, 256, and 257. in the event that the directors are unable to agree on any', 728:'items required to be set forth in the report, they shall avergige their differences to the extent necessary to produce', 729:'a single, consistent set of data that achieves the required deficit reduction. the report of the directors shall also indicate', 730:'the amount initially proposed for each averaged item by each director. 6 budget base.—in computing the amounts and percentages by', 731:'which accounts must be reduced during a fiscal year as set forth in any report required under this subsection for', 732:'such fiscal year, the budget base shall be determined by— a assuming subject to subparagraph c the continuation of current', 733:'law in the case of revenues and spending authority as defined in section 401cx2 of the congression^ budget act of', 734:'1974; b assuming, in the case of all accounts to which subparagraph a does not apply, appropriations equal to the', 735:'prior years appropriations except to the extent that annual appropriations or continuing appropriations for the entire fiscal year have been', 736:'enacted; c assuming that expiring provisions of law providing revenues and spending authority as defined in section 401cx2 of the', 737:'congressional budget act of 1974 do expire, except that excise taxes dedicated to a trust fund and agricultural price support', 738:'programs administered through the commodity credit corporation are extended at current rates; and dassuming i that federsd pay adjustments for', 739:'statutory pay systems i will be as recommended by the president, but ii will in no case result in a', 740:'reduction in the levels of pay in effect immediately before such adjustments; and ii that medicare spending levels for inpatient', 741:'hospital services will be based upon the regulations most recently issued in final form or proposed by the health care', 742:'financing administration pursuant to sections 1886bx3xb, 1886dx3xa, and 1886ex4 of the social security act. deferrals proposed under section 1013 of', 743:'the impoundment control act of 1974 during the period beginning october 1 of 26 use 3304 note. defense and national', 744:'security. ante, p. 1056. post, pp. 1082, 1086, 1092. ante, p. 1056. 98 stat. 1075. 42 use 1395ww. 2 use', 745:'684. 99 stat. 1068 public law 99177—dec. 12, 1985 such fiscal year or the date of the enactment of this', 746:'joint resolution in the case of fiscal year 1986 and ending with the post, p. 1072. date on which the', 747:'final order is issued under section 252b for such fiscal year or february 1, 1986, in the case of fiscal', 748:'year 1986 shall not be taken into account in determining such budget base. b report to president and congress by', 749:'comptroller general.— 1 report to be based on ombcbo report.—the comptroller general shall review and consider the report issued by', 750:'the directors for the fiscal year and, with due regard for the data, assumptions, and methodologies used in reaching the', 751:'conclusions set forth therein, shall issue a report to the president and the congress on august 25 of the calendar', 752:'year in which such fiscal year begins or on january 20, 1986, in the case of the fiscal year 1986,', 753:'estimating the budget base levels of total revenues and total budget outlays for such fiscal year, identifying the amount of', 754:'any deficit excess for such fiscal year adjusted in accordance with subsection a3aii, in the case of fiscal year 1986,', 755:'stating whether such deficit excess or adjusted deficit excess, in the case of fiscal year 1986 will be greater than', 756:'$10,000,000,000 zero in the case of fiscal years 1986 and 1991, specifying the estimated rate of real economic growth for', 757:'such fiscal year, for each quarter of such fiscal year, and for each of the last two quarters of the', 758:'preceding fiscal year, indicating whether the estimate includes two or more consecutive quarters of negative economic growth, and specifying if', 759:'the excess is greater than $10,000,000,000, or zero in the case of fiscal years 1986 and 1991, by account, for', 760:'nondefense programs, and by account and programs, projects, and activities within each account, for defense programs, the base from which', 761:'reductions are taken and the amounts and percentages by which such accounts must be reduced during such fiscal year in', 762:'order to eliminate such deficit excess or adjusted deficit excess, in the case of fiscal year 1986. such report shall', 763:'be based on the estimates, determinations, and specifications of the directors and shall utilize the budget base, criteria, and guidelines', 764:'set post, pp. 1082, forth in subsection a6 and in sections 255, 256, and 257. 1086,1092. 2 contents of report.—the', 765:'report of the comptroller general under this subsection shall— aprovide for the determination of reductions in the manner specified in', 766:'subsection a3; and bcontain estimates, determinations, and specifications for all of the items contained in the report submitted by the', 767:'directors under subsection a. such report shall explain fully any differences between the contents of such report and the report', 768:'of the directors. c revised estimates, determinations, and reports.— 1 report by omb and cbo.—on october 5 of the fiscal', 769:'year except in the case of the fiscal year 1986, the directors shall submit to the comptroller general a revised', 770:'report— aindicating whether and to what extent, as a result of laws enacted and regulations promulgated after the submission of', 771:'their initial report under subsection a, the excess deficit adjusted in accordance with subsection ax3xaxii, in the case of fiscal', 772:'year 1986 identified in the report public law 99177—dec. 12, 1985 99 stat. 1069 submitted under such subsection has been', 773:'eliminated, reduced, or increased, and badjusting the determinations made under subsection ato the extent necessary. the revised report submitted under', 774:'this paragraph shall contain estimates, determinations, and specifications for all of the items contained in the initial report and authorized', 775:'under subsection d3di and shall be based on the same economic and technical assumptions, employ the same methodologies, and utilize', 776:'the same definition of the budget base and the same criteria and guidelines as those used in the report submitted', 777:'by the directors under subsection a except that subdivision ii of paragraph 6di of such subsection shall not apply, and', 778:'shall provide for the determination of reductions in the manner specified in subsection a3. 2 report by comptroller general.— aon', 779:'october 10 of the fiscal year except in the case of the fiscal year 1986, the comptroller general shall submit', 780:'to the president and the congress a report revising the report submitted by the comptroller general under subsection b, adjusting', 781:'the estimates, determinations, and specifications contained in that report to the extent necessary in the light of the revised report', 782:'submitted to him by the directors under paragraph 1 of this subsection. bthe revised report of the comptroller general under', 783:'this paragraph shall provide for the determination of reductions as specified in subsection a3 and shall contain all of the', 784:'estimates, determinations, and specifications required in the case of the report submitted under subsection 0^ pursuant to subsection ot2xb. d', 785:'sequestration of defense programs.— 1 determination of uniform percentage.—the total amount of reductions in outlays under defense programs required for', 786:'a fiscal year under subsection ax3xb after the reduction under subsection ax3xexi shall be calculated as a percentage of the', 787:'total amount of outlays for the fiscal year estimated to result from new budget authority and unobligated balances for defense', 788:'programs. 2 sequestration of new budget authority and unobugated balances.— asequestration to achieve the remaining reduction in outlays under defense', 789:'programs shall be made by reducing new budget authority and unobligated balances if any in each program, project, or activity', 790:'under accounts within defense programs by the percentage determined under paragraph 1, computed on the basis of the combined outlay', 791:'rate for new budget authority and unobligated balances for such program, project, or activity determined under subparagraph b. bxi the', 792:'combined outlay rate for new budget authority and unobligated balances for a program, project, or activity shall be determined by', 793:'the directors from data then available to them as supplemented by additional data from the heads of the appropriate departments', 794:'or agencies of the executive branch. if the outlay rate for unobligated balances is not available for any program, project,', 795:'or activity, 99 stat. 1070 public law 99177—dec. 12, 1985 the outlay rate used shall be the outlay rate for', 796:'new budget authority. ii the weighted average by budget authority for the combined outlay rates so determined for all the', 797:'programs, projects, and activities within an account shall be compared to the historical outlay rates for that account previously estimated', 798:'by the directors. if the directors determine that it is necessary to make the combined outlay rate for a program,', 799:'project, or activity as determined under the first sentence of this subparagraph consistent with the historical rates for such account,', 800:'they may adjust the outlay rate for such program, project, or activity. cfor purposes of this paragraph: ithe term outlay', 801:'rate, with respect to any program, project, or activity, means— ithe ratio of outlays resulting in the fiscal year involved', 802:'from new budget authority for such program, project, or activity to such new budget authority; or ii the ratio of', 803:'outlays resulting in the fiscal year involved from unobligated balances for such program, project, or activity to such unobligated balances.', 804:'iithe term combined outlay rate, with respect to any program, project, or activity, means the weighted average by budget authority', 805:'of the ratios determined under subclauses i and ii of clause i for such program, project, or activity. 3 sequestration', 806:'from national defense accounts through termination or modification of existing contracts.— axi subject to the provisions of this paragraph, the', 807:'president, with respect to any fiscal year, may provide for— i the termination or modification of an existing contract within', 808:'any program, project, or activity within a account within major functional category 050; and ii the crediting, to the amount', 809:'of new budget authority and unobligated balances otherwise required to be reduced from such program, project, or activity, of the', 810:'net reduction achieved for the appropriate fiscal year by such termination or modification, based upon the combined outlay rate for', 811:'such program, project, or activity determined under parsigraph 2xb. ii the remaining required outlay reductions in such program, project, or', 812:'activity shall be achieved by sequestering new budget authority and unobligated balances based upon the combined outlay rate for such', 813:'program, project, or activity determined under paragraph 2b. president of u.s. b not later than september 5 of the calendar', 814:'year in report. which the fiscal year begins january 15 in the case of fiscal year 1986, the president shall', 815:'transmit to the c!omptroller general and the committees on armed services and on appropriations of the senate and house of', 816:'representatives and make available to the directors a report concerning the contracts proposed to be terminated or modified under this', 817:'paragraph for such fiscal year. the report shall— public law 99177—dec. 12, 1985 99 stat. 1071 iidentify the contracts proposed', 818:'to be terminated or contracts. modified and the proposed date of termination or modification of each such contract; ii identify', 819:'the anticipated outlay savings for the fiscal year involved and the anticipated reduction in obligated balances with respect to each', 820:'such proposed termination or modification, together with an explanation of the relationship between the obligated balances that could be cancelled', 821:'and the estimated outlay savings resulting therefrom; iiiprovide documentation of the anticipated savings in outlays and obligated balances; and ivprovide', 822:'a complete rationale for the effect of each proposed termination or modification on the contract concerned and on the program,', 823:'project, or activity involved. cnot later than september 30 of the calendar year in which the fiscal year begins february', 824:'15 in the case of fiscal year 1986, the comptroller general shall certify to the president and the congress, with', 825:'respect to each contract which is proposed to be terminated or modified— iwhether the comptroller general is able to verify', 826:'that the estimated outlay savings for the fiscal year involved are achievable and would be achieved in that year; and', 827:'ii whether the ratio between the projected outlay savings and the anticipated reduction in obligated balances is reasonable. di in', 828:'the case of a fiscal year other than fiscal year report. 1986, each proposed contract termination or modification described in', 829:'subparagraph a with respect to which the certification by the comptroller general under subparagraph c is affirmative with respect to', 830:'both clause i and clause ii of such subparagraph shall be included in the report of the directors under subsection', 831:'c1. the report shall include the information about each such contract described in subparagraph bii. iiin the case of fiscal', 832:'year 1986, each proposed contract termination or modification described in subparagraph a with respect to which the certification by the', 833:'comptroller general under subparagraph c is affirmative with respect to both clause i and ii of such subparagraph shall be', 834:'included in the modification authorized by section 252a6diii in the order issued by the president under post, p. 1072. section', 835:'252a1 with respect to fiscal year 1986. iiithe authority of the president described in subparagraph a is not effective in', 836:'the case of any proposed contract termination or modification with respect to which the certification by the comptroller general under', 837:'subparagraph c is not affirmative with respect to both clause i and clause ii of such subparagraph. e for any', 838:'contract termination or modification proposed pursuant to this paragraph, the president shall certify to congress, within thirty days after the', 839:'effective date of the contract termination or modification, that the amounts proposed for deobligation under such contract have in fact', 840:'been deobligated and cancelled. 99 stat. 1072 public law 99177—dec. 12, 1985 infra. federal register, publication. 2 use 902. report.', 841:'ante, p. 1063. post, pp. 1082, 1086, 1092. 2 us e 621 note. ante, p. 1056. ante, p. 1063. e', 842:'dates for submission of reports and issuance of orders.— if the date specified for the submission of a report by', 843:'the directors or the comptroller greneral under this section or for the issuance of an order by the president under', 844:'section 252 falls on a sunday or legal holiday, such report shall be submitted or such order issued on the', 845:'following day. 0 printing of reports.—each report submitted under this section shall be printed in the federal register on the', 846:'date it is issued; and the reports of the comptroller general submitted to the congress under subsections b and cx2', 847:'shall be printed as documents of the house of representatives and the senate. g exception.—the preceding provisions of this section', 848:'shall not apply if a declaration of war by the congress is in effect. sec. 252. presidential order a issuance', 849:'of initial order.— 1 in general.—on september 1 following the submission of a report by the comptroller general under section', 850:'251b which identifies an amount greater than $10,000,000,000 zero in the case of fiscal years 1986 and 1991 by which', 851:'the deficit for a fiscal year will exceed the maximum deficit amount for such fiscal year or on february 1,1986,', 852:'in the case of the fiscal year 1986, the president, in strict accordance with the requirements of paragraph 3 and', 853:'section 251ax3 and 4 and subject to the exemptions, exceptions, limitations, special rules, and definitions set forth in sections 255,', 854:'256, and 257, shall eliminate the full amount of the deficit excess as adjusted by the comptroller general in such', 855:'report in accordance with section 251ax3xaxii, in the case of fiscal year 1986 by issuing an order that notwithstanding the', 856:'impoundment control act of 1974— amodifies or suspends the operation of each provision of federal law that would but for', 857:'such order require an automatic spending increase to take effect during such fiscal year, in such a manner as to', 858:'prevent such increase from taking effect, or reduce such increase, in accordance with such report; and b eliminates the remainder', 859:'of such deficit excess or adjusted deficit excess, in the case of fiscal year 1986 by sequestering new budget authority,', 860:'unobligated balances, new loan guarantee commitments, new direct loan obligations, and spending authority as defined in section 401cx2 of the', 861:'congressional budget act of 1974, and reducing obligation limitations, in accordance with such report— ifor funds provided in annual appropriation', 862:'acts, from each affected program, project, and activity as set forth in the most recently enacted applicable appropriation acts and', 863:'accompanying committee reports for the progrgmi, project, or activity involved, including joint resolutions providing continuing appropriations and committee reports accompanying', 864:'acts referred to in such resolutions, appljdng the same reduction percentage as the percentage by which the account involved is', 865:'reduced in the report submitted under section 251b, or from each affected budget account if the program, project, or activity', 866:'is not so set forth, and ii for funds not provided in annual appropriation acts, from each budget account activity', 867:'as identified in public law 99177—dec. 12, 1985 99 stat. 1073 the program and financing schedules contained in the appendix', 868:'to the budget of the united states government for that fiscal year, applying the same reduction percentage as the percentage', 869:'by which the account is reduced in such report. 2 special sequestration procedures for national defense for fiscal year 1986.—', 870:'a in general.—notwithstanding subparagraph bi of paragraph 1, the order issued by the president under paragraph 1 with respect to', 871:'fiscal year 1986 shall sequester, from each program, project, or activity within an account within major functional category 050, such', 872:'amounts of new budget authority and unobligated balances as are specified in accordance with section 251a3eii in the ante, p.', 873:'1063. report submitted by the comptroller general under section 251b. b flexibility with respect to miutary personnel accounts.— inotwithstanding subparagraph', 874:'bi of paragraph 1, the order issued by the president under paragraph 1with respect to fiscal year 1986 may, with', 875:'respect to any military personnel account— i exempt any program, project, or activity within such account from the order; iiprovide', 876:'for a lower uniform percentage to be applied to reduce any program, project, or activity within such account than would', 877:'otherwise apply; or iiitake actions described in both subclauses i and ii. iiif the president uses the authority under clause', 878:'i, the total amount by which outlays are not reduced for fiscal year 1986 in military personnel accounts by reason', 879:'of the use of such authority shall be determined. reductions in outlays under defense programs in such total amount shall', 880:'be achieved by a uniform percentage sequestration of new budget authority and unobligated balances in each program, project, and activity', 881:'within each account within major functional category 050 other than those military personnel accounts for which the authority provided under', 882:'clause i has been exercised, computed on the basis of the outlay rate for each such program, project, and activity', 883:'determined under section 251d. ante, p. 1063. iii the president may not use the authority provided by clause i unless', 884:'he notifies the comptroller general and the congress on or before january 10, 1986, of the manner in which such', 885:'authority will be exercised. c flexibility among programs, projects, and activities within accounts.— i new budget authority and unobligated balances', 886:'for any program, project, or activity within an account within major functional category 050 may be reduced under an order', 887:'issued by the president under paragraph 1 for fiscal year 1986, subject to clauses ii and iii of this subparagraph,', 888:'by up to two times the 99 stat. 1074 ante, p. 716. ante, p. 1063. ante, p. 1063. post, p.', 889:'1092. president of u.s. ante, p. 1063. public law 99177—dec. 12, 1985 percentage otherwise applicable to the program, project, or', 890:'activity determined after any reduction under subparagraph b. to the extent such reductions are made under such an order, the', 891:'president may provide in the order for an increase in new budget authority and unobligated balances for another program, project,', 892:'or activity within the same account within major functional category 050 for fiscal year 1986, but such program, project, or', 893:'activity may not be increased above the level in the base set forth in such order. ii no order issued', 894:'by the president under paragraph 1 for fiscal year 1986 may result in a base closure or realignment that would', 895:'otherwise be subject to section 2687 of title 10, united states code. iii new budget authority and unobligated balances for', 896:'any program, project, or activity within major functional category 050 for fiscal year 1986 which is 10 percent or more', 897:'greater than the amount requested in the budget submitted by the president under section 1105 of title 31, united states', 898:'code, for fiscal year 1986 may not be reduced by more than the percentage applicable to the program, project, or', 899:'activity determined after any reduction under subparagraph b. 3 order to be based on comptroller generals report.— the order must', 900:'provide for reductions in the manner specified in section 251ax3, must incorporate the provisions of the report submitted under section', 901:'251b, and must be consistent with such report in all respects. the president may not modify or recalculate any of', 902:'the estimates, determinations, specifications, bases, amounts, or percentages set forth in the report submitted under section 251b in determining the', 903:'reductions to be specified in the order with respect to programs, projects, and activities, or with respect to budget activities,', 904:'within an account, with the exception of the authority granted to the president for fiscal year 1986 with respect to', 905:'defense programs pursuant to paragraph 2xc. 4 effect of sequestration under infital order.—notwithstanding section 2577, amounts sequestered under an order', 906:'issued by the president under paragraph 1 for fiscal year 1987 or any subsequent fiscal year shall be withheld from', 907:'obligation pending the issuance of a final order under subsection b and shall be permanently cancelled in accordance with such', 908:'final order upon the issuance of such order. 5 accompanying message.—at the time the actions described in the preceding provisions', 909:'of this subsection with respect to any fiscal year are taken, the president shall transmit to both houses of the', 910:'congress a message containing all the information required by section 251ax4 and further specifying in strict accordance with paragraph id—', 911:'awithin each account, for each program, project, and activity, or budget account activity, the base from which each sequestration or', 912:'reduction is taken and the amounts which are to be sequestered or reduced for each such program, project, and activity', 913:'or budget account activity; and b such other supporting details as the president may determine to be appropriate. public law', 914:'99177—dec. 12, 1985 99 stat. 1075 upon receipt in the senate and the house of representatives, the message and any', 915:'accompanying proposals made under subsection c shall be referred to all committees with jurisdiction over programs, projects, and activities affected', 916:'by the order. 6 effective date of initial order.— a fiscal year 1986.—the order issued by the president under paragraph', 917:'1 with respect to the fiscal year 1986 shall be effective as of march 1,1986. b fiscal years 19871991.—the order', 918:'issued by the president under paragraph 1 with respect to the fiscal year 1987 or any subsequent fiscal year shall', 919:'be effective as of october 1 of such fiscal year and the president shall withhold from obligation as provided in', 920:'paragraph 4, pending the issuance of his final order under subsection b, any amounts that are to be sequestered or', 921:'reduced under such order. c treatment of automatic spending increases.— i fiscal year 1986.—notwithstanding any other provision of law, any', 922:'automatic spending increase that would but for this clause be first paid during the period beginning with the date of', 923:'the enactment of this joint resolution and ending with the effective date of an order issued by the president under', 924:'paragraph 1 for the fiscal year 1986 shall be suspended until such order becomes effective, and the amounts that would', 925:'otherwise be expended during such period with respect to such increases shall be withheld. if such order provides that automatic', 926:'spending increases shall be reduced to zero during such fiscal year, the increases suspended pursuant to the preceding sentence and', 927:'any legal rights thereto shall be permanently cancelled. if such order provides for the payment of automatic spending increases during', 928:'such fiscal year in amounts that are less than would have been paid but for such order, or provides for', 929:'the payment of the full amount of such increases, the increases suspended pursuant to such sentence shall be restored to', 930:'the extent necessary to pay such reduced or full increases, and lumpsum payments in the amounts necessary to pay such', 931:'reduced or full increases shall be made, for the period for which such increases were suspended pursuant to this clause.', 932:'ii fiscal years 19871991.—notwithstanding any other provision of law, any automatic spending increase that would but for this clause be', 933:'first paid during the period beginning with the first day of such fiscal year and ending with the date on', 934:'which a final order is issued pursuant to subsection b shall be suspended until such final order becomes effective, and', 935:'the amounts that would otherwise be expended during such period with respect to such increases shall be withheld. if such', 936:'final order provides that automatic spending increases shall be reduced to zero during such fiscal year, the increases suspended pursuant', 937:'to the preceding sentence and any legal rights thereto shall be permanently cancelled. if such final order provides for the', 938:'payment of automatic spending increases president of u.s. 99 stat. 1076 ante, p. 1063. public law 99177—dec. 12, 1985 during', 939:'such fiscal year in amounts that are less than would have been paid but for such final order, or provides', 940:'for the payment of the full amount of such increases, the increases suspended pursuant to such sentence shall be restored', 941:'to the extent necessary to pay such reduced or full increases, and lumpsum payments in the amounts necessary to pay', 942:'such reduced or full increases shall be made, for the period for which such increases were suspended pursuant to this', 943:'clause. iii prohibition against recoupment.—notwithstanding clauses i and ii, if an amount required by either such clause to be withheld', 944:'is paid, no recoupment shall be made against an individual to whom payment was made. iv effect of lumpsum payments', 945:'on needsrelated programs.—lumpsum payments made under the last sentence of clause i or clause ii shall not be considered as', 946:'income or resources or otherwise taken into account in determining the eligibility of any individual for aid, assistance, or benefits', 947:'under any federal or federallyassisted program which conditions such eligibility to any extent upon the income or resources of such', 948:'individual or his or her family or household, or in determining the amount or duration of such aid, assistance, or', 949:'benefits. d special rules for fiscal year 1986.—i for purposes of applying this section and section 251 with respect to', 950:'the fiscal year 1986— i the order issued by the president under paragraph 1 of this subsection shall be considered', 951:'the final order of the president under this section; and ii the committees on appropriations of the house of representatives', 952:'and the senate may, after consultation with each other, define the term program, project, and activity, and report to their', 953:'respective houses, with respect to matters within their jurisdiction, and the order issued by the president shall sequester funds in', 954:'accordance with such definition. ii if the comptroller general declares in the report issued under section 251b for fiscal year', 955:'1986 that as a result of laws enacted and regulations promulgated after the date of the enactment of this joint', 956:'resolution and prior to the issuance of such report the excess deficit for the fiscal year adjusted in accordance with', 957:'section 251a3aii has been eliminated, the order issued under this subsection for the fiscal year shall so state and shall', 958:'make available for obligation and expenditure any amounts withheld pursuant to subparagraph ci of this paragraph. iii the order issued', 959:'by the president under paragraph 1with respect to fiscal year 1986 shall be modified before the effective date for such', 960:'order prescribed under subparagraph a to include in the order the changes in budget authority and unobligated balances, and related', 961:'changes in outlay reductions, authorized for such fiscal year under section 251d3dii. b issuance of final order.— public law 99177—dec.', 962:'12, 1985 99 stat. 1077 1in general.—on october 15 of the fiscal year except in president of u.s. the case', 963:'of the fiscal year 1986, after the submission of the ^te, p. 1063. revised report submitted by the comptroller general', 964:'under section 251cx2, the president shall issue a final order under this section to eliminate the full amount of the', 965:'deficit excess as identified by the comptroller general in the revised report submitted under section 251cx2 but only to the', 966:'extent and in the manner provided in such report. the order issued under this subsection— ashall include the same reductions', 967:'and sequestrations as the initial order issued under subsection a, adjusted to the extent necessary to take account of any', 968:'changes in relevant amounts or percentages determined by the comptroller greneral in the revised report submitted under .ifnh section 251cx2,', 969:'b shall make such reductions and sequestrations in strict accordance with the requirements of section 251ax3 and 4, and cshall', 970:'utilize the same criteria and guidelines as those which were used in the issuance of such initial order under subsection', 971:'a. the provisions of subsection ax3 shall apply to the revised report submitted under section 251cx2 and to the order', 972:'issued under this subsection in the same manner as such provisions apply to the initial report issued under section 251b', 973:'and to the order issued under subsection a. 2 order required if excess deficit is euminated.—if the report. comptroller general', 974:'issues a revised report under section 251cx2 stating that as a result of laws enacted and regulations promulgated after the', 975:'submission of the initial report of the comptroller general under section 251b the excess deficit for a fiscal year adjusted', 976:'in accordance with section 251ax3xaxii, in the c£ise of fiscal year 1986 has been eliminated, the order issued under this', 977:'subsection shall so state and shall make available for obligation and expenditure any amounts withheld pursuant to subsection ax4 or', 978:'ax6xc. 3 effective date of final order.— aexcept as provided in subsection ax6xa, the final order issued by the president', 979:'under paragraph 1 shall become effective on the date of its issuance, and shall supersede the order issued under subsection', 980:'axd bany modification or suspension by such order of the operation of a provision of law that would but for', 981:'such order require an automatic spending increase to take effect during the fiscal year shall apply for the oneyear period', 982:'beginning with the date on which such automatic increase would have taken effect during such fiscal year but for such', 983:'order. c proposal of alternatives by the president.—a message transmitted pursuant to subsection ax5 with respect to a fiscal year', 984:'may be accompanied by a proposal setting forth in full detail alternative ways to reduce the deficit for such fiscal', 985:'year to an amount not greater than the msiximum deficit amount for such fiscal year. d existing programs, projects, and', 986:'activities not to be prohibition. euminated.—no action taken by the president under subsection a 99 stat. 1078 public law 99177—dec.', 987:'12, 1985 or b of this section shall have the effect of eliminating any program, project, or activity of the', 988:'federal government. prohibition. e relative budget priorities not to be altered.—nothing in the preceding provisions of this section shall be', 989:'construed to give the president new authority to alter the relative priorities in the federal budget that are established by', 990:'law, and no person who is or becomes eligible for benefits under any provision of law shall be denied eligibility', 991:'by reason of any order issued under this part. 2 use 903. sec.253. compliance report by comptroller general. on or', 992:'before november 15 of each fiscal year or on or before april 1, 1986, in the case of the fiscal', 993:'year 1986, the comptroller general shall submit to the congress and the president a report on ante, p. 1072. the', 994:'extent to which the presidents order issued under section 252b for such fiscal year complies with all of the requirements', 995:'contained in section 252, either certifying that the order fully and accurately complies with such requirements or indicating the respects', 996:'in which it does not. 2 use 904. sec. 254. congressional action. a special procedures in the event of a', 997:'recession.— 1 in general.—the director of the congressional budget office shall notify the congress at any time if— a during', 998:'the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the four', 999:'quarters following such notification, such office or the office of management and budget has determined that real economic growth is', 1000:'projected or estimated to be less than zero with respect to each of any two consecutive quarters within such period,', 1001:'or bthe department of commerce preliminary reports of actual real economic growth or any subsequent revision thereof indicate that the', 1002:'rate of real economic growth for each of the most recent reported quarter and the immediately preceding quarter is less', 1003:'than one percent. upon such notification the majority leader of each house shall introduce a joint resolution in the form', 1004:'set forth in paragraph 2 declaring that the conditions specified in this paragraph are met and suspending the relevant provisions', 1005:'of this title for the remainder of the current fiscal year or for the following fiscal year or both. 2', 1006:'form of joint resolution.— a the matter after the resolving clause in any joint resolution introduced pursuant to paragraph 1', 1007:'shall be as follows: that the congress declares that the conditions specified in section 254a1 of the balanced budget and', 1008:'emergency deficit control act of 1985 are met; and— 1 the provisions of sections 37, 301i, 302f, 304b, and 311a', 1009:'of the congressional budget and ante, pp. 1039, impoundment control act of 1974, section 1106c of 1040,1044,1047, title 31, united', 1010:'states code, and part c of the balanced ante p 1063 budget and emergency deficit control act of 1985 are', 1011:'ante, p. 1063! suspended for the remainder of the current fiscal year, and 2 the provisions of sections 37, 301i,', 1012:'304b, and 311a insofar as it relates to section 37 of the congressional budget and impoundment control act of public', 1013:'law 99177—dec. 12, 1985 99 stat. 1079 1974, sections 302f and 311a except insofar as it ante, pp. 1044, relates', 1014:'to section 37 of that act but only if a concur 1055. rent resolution on the budget under section 301', 1015:'of that ^j^ pfr^^act, for the fiscal year following the current fiscal year, ^ p has been agreed to prior', 1016:'to the introduction of this joint resolution, sections 1105f and 1106c of title 31, united states code, and part c', 1017:'of the balanced budget ante, p. 1063. and emergency deficit control act of 1985 are sus^nte, p. 1063. pended for', 1018:'the fiscal year following the current fiscal year. this joint resolution shall not have the effect of suspending any final', 1019:'order which was issued for the current fiscal year under section 2520 of the balsuiced budget and emergency deficit control', 1020:'act of 1985 if such order was issued before ante, p. 1072. the date of the enactment of this joint', 1021:'resolution.. b the title of the joint resolution shall be joint resolution suspending certain provisions of law pursuant to section', 1022:'254ax2 of the balanced budget and emergency deficit control act of 1985.; and the joint resolution shall not ante, p.', 1023:'1078. contain any preamble. 3 committee action.—each joint resolution introduced pursuant to paragraph 1 shall be referred to the committee', 1024:'on the budget of the house involved; and such committee shall report the joint resolution to its house without amendment', 1025:'on or before the fifth day on which such house is in session after the date on which the joint', 1026:'resolution is introduced. if the committee fails to report the joint resolution within the five day period referred to in', 1027:'the preceding sentence, it shall be automatically discharged from further consideration of the joint resolution, and the joint resolution shall', 1028:'be placed on the appropriate calendar. 4 consideration of joint resolution.— a a vote on final passage of a joint', 1029:'resolution reported to a house of the congress or discharged pursuant to paragraph 3 shall be taken on or before', 1030:'the close of the fifth calendar day of session of such house after the date on which the joint resolution', 1031:'is reported to such house or after the committee has been discharged from further consideration of the joint resolution. if', 1032:'prior to the passage by one house of a joint resolution of that house, that house receives the same joint', 1033:'resolution from the other house, then— i the procedure in that house shall be the same as if no such', 1034:'joint resolution had been received from the other house, but ii the vote on final passage shall be on the', 1035:'joint resolution of the other house. when the joint resolution is agreed to, the clerk of the house of representatives', 1036:'in the case of a house joint resolution agreed to in the house of representatives or the secretary of the', 1037:'senate in the case of a senate joint resolution agreed to in the senate shall cause the joint resolution to', 1038:'be engrossed, certified, and transmitted to the other house of the c!ongress as soon £is practicable. bxi a motion in', 1039:'the house of representatives to proceed to the consideration of a joint resolution under this paragraph shall be highly privileged', 1040:'and not debatable. an 99 stat. 1080 public law 99177—dec. 12, 1985 amendment to the motion shall not be in', 1041:'order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to', 1042:'or disagreed to. ii debate in the house of representatives on a joint resolution under this paragraph shall be limited', 1043:'to not more than five hours, which shall be divided equally between those favoring and those opposing the joint resolution.', 1044:'a motion to postpone, made in the house of representatives with respect to the consideration of a joint resolution under', 1045:'this paragraph, and a motion to proceed to the consideration of other business, shall not be in order. a motion', 1046:'further to limit debate shall not be debatable. it shall not be in order to move to table or to', 1047:'recommit a joint resolution under this paragraph or to move to reconsider the vote by which the joint resolution is', 1048:'agreed to or disagreed to. iiiall appeals from the decisions of the chair relating to the application of the rules', 1049:'of the house of representatives to the procedure relating to a joint resolution under this paragraph shall be decided without', 1050:'debate. iv except to the extent specifically provided in the preceding provisions of this subsection or in subparagraph d, consideration', 1051:'of a joint resolution under this subparagraph shall be governed by the rules of the house of representatives. cxi a', 1052:'motion in the senate to proceed to the consideration of a joint resolution under this paragraph shall be privileged and', 1053:'not debatable. an amendment to the motion shall not be in order, nor shall it be in order to move', 1054:'to reconsider the vote by which the motion is agreed to or disagreed to. iidebate in the senate on a', 1055:'joint resolution under this paragraph, and all debatable motions and appeals in connection therewith, shall be limited to not more', 1056:'than five hours. the time shall be equally divided between, and controlled by, the majority leader and the minority leader', 1057:'or their designees. iii debate in the senate on any debatable motion or appeal in connection with a joint resolution', 1058:'under this paragraph shall be limited to not more than one hour, to be equally divided between, and controlled by,', 1059:'the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution', 1060:'is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority', 1061:'leader or his designee. iva motion in the senate to further limit debate on a joint resolution under this paragraph', 1062:'is not debatable. a motion to table or to recommit a joint resolution under this paragraph is not in order.', 1063:'dno amendment to a joint resolution considered under this paragraph shall be in order in either the house of representatives', 1064:'or the senate, b congressional response to presidential order.— 1 reporting of resolutions, and reconciuation bills and resolutions, in the', 1065:'senate.— a committee alternatives to presidential order.— within two days after the submission of a report by the public law', 1066:'99177—dec. 12, 1985 99 stat. 1081 comptroller general under section 251c2, each standing ante, p. 1063. committee of the senate', 1067:'may submit to the committee on the budget of the senate information of the type described in section 301d of', 1068:'the congressional budget act of 1974 ante, p. 1040. with respect to alternatives to the order envisioned by such report', 1069:'insofar as such order affects laws within the jurisdiction of the committee. b initial budget committee action.—not later than report,', 1070:'two days after issuance of a final order by the president under section 252b with respect to a fiscal year,', 1071:'the ante, p. 1072. committee on the budget of the senate may report to the senate a resolution. the resolution', 1072:'may affirm the impact of the order issued under such section, in whole or in part. to the extent that', 1073:'any part of the order is not affirmed, the resolution shall state which parts are not affirmed and shall contain', 1074:'instructions to committees of the senate of the type referred to in section 310a of the congressional budget act of', 1075:'1974, sufficient to achieve at least the total ante, p. 1053. level of deficit reduction contained in those sections which', 1076:'are not affirmed. c response of committees.—committees instructed pursuant to subparagraph b, or affected thereby, shall submit their responses to', 1077:'the budget committee no later than 10 days after the resolution referred to in subparagraph b is agreed to, except', 1078:'that if only one such committee is so instructed such committee shall, by the same date, report to the senate', 1079:'a reconciliation bill or reconciliation resolution containing its recommendations in response to such instructions. a committee shall be considered to', 1080:'have complied with all instructions to it pursuant to a resolution adopted under subparagraph b if it has made recommendations', 1081:'with respect to matters within its jurisdiction which would result in a reduction in the deficit at least equal to', 1082:'the total reduction directed by such instructions. d budget committee action.—upon receipt of the recommendations received in response to a', 1083:'resolution referred to in subparagraph b, the budget committee shall report to the senate a reconciliation bill or reconciliation resolution,', 1084:'or both, carrying out all such recommendations without any substantive revisions. in the event that a committee instructed in a', 1085:'resolution referred to in subparagraph bfails to submit any recommendation or, when only one committee is instructed, fails to report', 1086:'a reconciliation bill or resolution in response to such instructions, the budget committee shall include in the reconciliation bill or', 1087:'reconciliation resolution reported pursuant to this subparagraph legislative language within the jurisdiction of the noncomplying committee to achieve the amount', 1088:'of deficit reduction directed in such instructions. e point of order.—it shall not be in order in the senate to', 1089:'consider any reconciliation bill or reconciliation resolution reported under subparagraph d with respect to a fiscal year, any amendment thereto,', 1090:'or any conference report thereon if— i the enactment of such bill or resolution as reported; 99 stat. 1082 public', 1091:'law 99177—dec. 12, 1985 ii the adoption and enactment of such amendment; or iii the enactment of such bill or', 1092:'resolution in the form recommended in such conference report, would cause the amount of the deficit for such fiscal year', 1093:'to exceed the maximum deficit amount for such fiscal year. ante, p. 1063. unless the report submitted under section 251cxl', 1094:'projects negative real economic growth for such fiscal year, or for each of any two consecutive quarters during such fiscal', 1095:';. i year. f treatment of certain amendments.—in the senate, an amendment which adds to a resolution reported under subparagraph', 1096:'b an instruction of the type referred to in such subparagraph shall be in order during the consideration of such', 1097:'resolution if such amendment would be in order but for the fact that it would be held to be non', 1098:'germane on the basis that the instruction constitutes new matter. g definition.—for purposes of subparagraphs a, b, and c, the', 1099:'term day shall mean any calendar day on which the senate is in session. 2 procedures.— a in general.—except as', 1100:'provided in subparagraph b, in the senate the provisions of sections 305 and 310 of the ante, pp. 1047, congressional', 1101:'budget act of 1974 for the consideration of 1053. concurrent resolutions on the budget and conference re ports thereon shall', 1102:'also apply to the consideration of resolutions, and reconciliation bills and reconciliation resolutions reported under this paragraph and conference reports', 1103:'thereon. b limit on debate.—debate in the senate on any resolution reported pursuant to paragraph ixb, and all amendments thereto', 1104:'and debatable motions and appeals in connection therewith, shall be limited to 10 hours. c limitation on amendments.—section 310dx2 of', 1105:'the ante, p. 1058. congressional budget act shall apply to reconciliation bills and reconciliation resolutions reported under this subsection. d', 1106:'bills and resolutions received from the house.— any bill or resolution received in the senate from the house, which is', 1107:'a companion to a reconciliation bill or reconciliation resolution of the senate for the purposes of this subsection, shall be', 1108:'considered in the senate pursuant to the provisions of this subsection. e definition.—for purposes of this subsection, the term resolution', 1109:'means a simple, joint, or concurrent resolution. c certain resolutions treated as reconciliation bills.— resolutions described in subsection 0 of', 1110:'this section and bills reported as a result thereof shall be considered in the senate to be reconciliation bills or', 1111:'resolutions for purposes of the congressional 2 use 621 note. budget act of 1974. 2 use 905. sec. 255. exempt', 1112:'programs and activities. a social security benefits and tier i railroad retirement benefits.—increases in benefits payable under the oldage, survivors,', 1113:'and disability insurance program established under title ii of public law 99177—dec. 12, 1985 99 stat. 1083 the social security', 1114:'act, or in benefits payable under section 3a, 3fx3, 4a, or 4f of the railroad retirement act of 1974, shall', 1115:'not be considered automatic spending increases for purposes of this title; and no reduction in any such increase or in', 1116:'any of the benefits involved shall be made under any order issued under this part. b veterans programs.—the following programs', 1117:'shall be exempt from reduction under any order issued under this part: veterans compensation 36015301701; and veterans pensions 36015401701. c', 1118:'net interest.—no reduction of payments for net interest all of major functional category 900 shall be made under any order', 1119:'issued under this part. d earned income tax credft.—pajmients to individuals made pursuant to section 32 of the internal revenue', 1120:'code of 1954 shall be exempt from reduction under any order issued under this part. e offsetting receipts and collections.—offsetting', 1121:'receipts and collections shall not be reduced under any order issued under this part. f certain program bases.—outlays for programs', 1122:'specified in paragraph 1 of section 257 shall be subject to reduction only in accordance with the procedures established in', 1123:'section 251ax3xc and 256b. g other programs and acnvmes.— 1 the following budget accounts and activities shall be exempt from', 1124:'reduction under any order issued under this part: activities resulting from private donations, bequests, or voluntary contributions to the government;', 1125:'alaska power administration, operations and maintenance 89030401271; appropriations for the district of columbia to the extent they are appropriations of', 1126:'locally raised funds; bonneville power administration fund and borrowing authority established pursuant to section 13 of public law 93454 1974,', 1127:'as amended 89404503271; bureau of indian affairs miscellaneous trust funds, tribal trust funds 14997307999; claims, defense 97010201051; claims, judgments, and', 1128:'relief acts 20189501806; coinage profit fund 20581102803; compensation of the president 11000101802; eastern indian land claims settlement fund 1422020 1806;', 1129:'exchange stabilization fund 20444403155; federal pajmient to the railroad retirement account 60 011301601; foreign military sales trust fund 11824207155; health', 1130:'professions graduate student loan insurance fund health education assistance loan program 75430503553; intragovernmental funds, including those from which the outlays', 1131:'are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by', 1132:'direct appropriations for the fiscal year during which an order is in effect; payment of vietnam and uss pueblo prisonerofwar', 1133:'claims 15010401153; 42 use 401. 45 use 231b, 231c. 26 use 32. post, p. 1092. ante, p. 1063. post, p.', 1134:'1086. eiaims. 16 use 838k. president of u.s. 99 stat. 1084 ,; public law 99177—dec. 12, 1985 payment to civil', 1135:'service retirement and disability fund 24020001805; payments to copyright owners 03517502376; payments to health care trust funds 75058001572; payments to', 1136:'military retirement fund 97004001054; pa3mients to social security trust funds 75040401 571; payments to state and local government fiscal assistance', 1137:'trust fund 20211101851; pajrments to the foreign service retirement and disability fund 11103601153 and 19054001153; payments to trust funds from', 1138:'excise taxes or other re ceipts properly creditable to such trust funds; postal service fund 18402003372; salaries of article iii', 1139:'judges; soldiers and airmens home, payment of claims 84 893007705; southeastern power administration, operations and maintenance 89030201271; southwestern power administration,', 1140:'operations and maintenance 89030301271; tennessee valley authority fund, except nonpower programs and activities 64411003999; western area power administration, construction, rehabilitation,', 1141:'operations, and medntenance 89506802271; and western area power administration, colorado river basins power marketing fund 89445203271. 2prior legal obligations of', 1142:'the government in the following budget accounts and activities shall be exempt from any order issued under this part: agency', 1143:'for international development, housing, and other credit guarantee programs 72434003151; agricultural credit insurance fund 12414003351; biomass energy development 20011401271; check', 1144:'forgery insurance fund 20410903803; community development grant loan guarantees 86 016201451; credit union share insurance fund 25446803371; economic development revolving', 1145:'fund 13440603452; employees life insurance fund 24842408602; energy security reserve synthetic fuels corporation 20011201271; exportimport bank of the united states,', 1146:'limitation of program activity 83402703155; federal aviation administration, aviation insurance revolving fund 69412003402; federsd crop insurance corporation fund 12408503351; federal', 1147:'deposit insurance corporation 51841908371; federal emergency management agency, national flood insurance fund 58423603453; federal emergency management agency, national insurance development', 1148:'fund 58423503451; federal housing administration fund 86407003371; public law 99177—dec. 12, 1985 99 stat. 1085 federal savings and loan insurance', 1149:'corporation fund 82403703371; federal ship financing fund 69430103403; federal ship financing fund, fishing vessels 13441703 376; geothermal resources development fund', 1150:'89020601271; government national mortgage association, guarantees of mortgagebacked securities 86423803371; health education loans 75430703553; homeowners assistance fund, defense 97409003051; indian', 1151:'loan guarantee and insurance fund 14441003 452; international trade administration, operations and administration 13125001376; lowrent public housing, loans and other', 1152:'expenses 864098 03604; maritime administration, warrisk insurance revolving fund 69430203403; overseas private investment corporation 71403003151; pension benefit guaranty corporation fund', 1153:'1642040 3601; rail service assistance 69012201401; railroad rehabilitation and improvement financing fund 69441103401; rural development insurance fund 12415503452; rural electric', 1154:'and telephone revolving fund 1242308 3271; rural housing insurance fund 12414103371; small business administration, business loan and invest ment fund', 1155:'73415403376; small business administration, lease guarantees revolving fund 73415703376; small business administration, pollution control equipment contract guarantee revolving fund 73414703376;', 1156:'small business administration, surety bond guarantees revolving fund 73415603376; veterans administration, loan guaranty revolving fund 36402503704; veterans administration, national service', 1157:'life insurance fund 36813207701; veterans administration, servicedisabled veterans insurance fund 36401203701; veterans administration, servicemens group life insurance fund 36400903701; veterans', 1158:'administration, united states government life insurance fund 36815007701; veterans administration, veterans insurance and indemnities 36012001701; veterans administration, veterans reopened insurance', 1159:'fund 36401003701; and veterans administration, veterans special life insurance fund 36845508701. h lowincome programs.—the following programs shall be exempt from', 1160:'reduction under any order issued under this part: aid to families with dependent children 75041201609; 99 stat. 1086 public law', 1161:'99177—dec. 12, 1985 child nutrition 12353901605; food stamp programs 12350501605 and 12355001 605; grants to states for medicaid 75051201551; supplemental', 1162:'security income program 75040601609; and women, infants, and children program 12351001605. i identification of programs.—for purposes of subsections g and', 1163:'h, programs are identified by the designated budget account identification code numbers set forth in the budget of the united', 1164:'states government, 1986—appendix. 2 us e 906. sec. 256. exceptions, limitations, and special rules. a effect of reductions and sequestrations.—', 1165:'1 reductions in automatic spending increases.—notwithstanding any other provision of law, any change in the consumer price index or any', 1166:'other index measuring costs, prices, or wages or in any component of any such index, under post, p. 1092. a', 1167:'program listed in section 2571, that is not taken into account for purposes of determining the amount of an automatic', 1168:'spending increase if any under such program for a fiscal year for ante, p. 1072. which an order is issued', 1169:'under section 252 shall not be taken into account for purposes of determining any automatic spending increase during any fiscal', 1170:'year thereafter. 2 sequestrations.—any amount of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan', 1171:'obligations, spending authority as defined in section 401cx2 of the congressional budget act ante, p. 1056. of 1974, or obligation', 1172:'limitations which is sequestered or re ante, p. 1072. duced pursuant to an order issued under section 252 is permanently', 1173:'cancelled, with the exception of amounts sequestered in special or trust funds, which shall remain in such funds and be', 1174:'available in accordance with and to the extent permitted by law, including the provisions of this act. b treatment of', 1175:'federal administrative expenses.— 1notwithstanding any other provision of this title, administrative expenses incurred by the departments and agencies, including independent', 1176:'agencies, of the federal government in connection with any program, project, activity, or account shall be subject to reduction pursuant', 1177:'to an order issued under section 252, without regard to any exemption, exception, limitation, or special rule which is otherwise', 1178:'applicable with respect to such program, project, activity, or account under this part. 2 notwithstanding any other provision of law,', 1179:'administrative expenses of any program, project, activity, or account which is selfsupporting and does not receive appropriations shall be subject', 1180:'to reduction under a sequester order, unless specifically exempted in this joint resolution. state and local 3 payments made by', 1181:'the federal government to reimburse governments. or match administrative costs incurred by a state or political subdivision under or in', 1182:'connection with any program, project, activity, or account shall not be considered administrative expenses of the federal government for purposes', 1183:'of this section, and shall be subject to reduction or sequestration under this part to the extent and only to', 1184:'the extent that other payments made by the federal government under or in connection with that program, project, activity, or', 1185:'account are subject to such public law 99177—dec. 12, 1985 99 stat. 1087 reduction or sequestration; except that federal payments', 1186:'made to a state as reimbursement of administrative costs incurred by such state under or in connection with the unemployment', 1187:'compensation programs specified in subsection h1 shall be subject to reduction or sequestration under this part notwithstanding the exemption otherwise', 1188:'granted to such programs under that subsection. c effect of orders on the guaranteed student loan pro education. gram.—1 any', 1189:'reductions which are required to be achieved from the student loan programs operated pursuant to part b of title iv', 1190:'of the higher education act of 1965, as a consequence of an order 20 use 1071. issued pursuant to section', 1191:'252, shall be achieved only from loans ^^^^ p 1072. described in paragraphs 2 and 3 by the application of', 1192:'the measures described in such paragraphs. 2 for any loan made during the period beginning on the date that an', 1193:'order issued under section 252 takes effect with respect to a fiscal year and ending at the close of such', 1194:'fiscal year, the rate used in computing the special allowance payment pursuant to section 438bx2aiii of such act for each', 1195:'of the first four special allowance 20 use 10871. payments for such loan shall be adjusted by reducing such rate', 1196:'by the lesser of— a0.40 percent, or bthe percentage by which the rate specified in such section exceeds 3 percent.', 1197:'3for any loan made during the period beginning on the date that an order issued under section 252 takes effect', 1198:'with respect to a fiscal year and ending at the close of such fiscal year, the origination fee which is', 1199:'authorized to be collected pursuant to section 438cx2 of such act shall be increased by 0.50 percent. 20 usc 10871.', 1200:'d special rules for medicare program.— 1 maximum percentage reduction in individual payment amounts.—the maximum permissible reduction for the health', 1201:'insurance programs under title xviii of the social security act 42 use 1395. for any fiscal year, pursuant to an', 1202:'order issued under section 252, consists only of a reduction of— ante, p. 1072. a1 percent in the case of', 1203:'fiscal year 1986, and b 2 percent in the case of any subsequent fiscal year, in each separate payment amount', 1204:'otherwise made for a covered service under those programs without regard to this part. 2 timing of appucation of reductions.—', 1205:'a in general.—except as provided in subparagraph b, if a reduction is made under paragraph 1 in payment amounts pursuant', 1206:'to a sequestration order, the reduction shall be applied to payment for services furnished during the effective period of the', 1207:'order. for purposes of the previous sentence, in the case of inpatient services furnished for an individual, the services shall', 1208:'be considered to be furnished on the date of the individuals discharge from the inpatient facility. b payment on the', 1209:'basis of cost reporting periods.— in the case in which payment for services of a provider of services is made', 1210:'under title xviii of the social security act 42 use 1395. on a basis relating to the reasonable cost incurred', 1211:'for the services during a cost reporting period of the provider, if a reduction is made under paragraph 1 in', 1212:'payment amounts pursuant to a sequestration order, the reduction shall be applied to payment for costs for such services incurred', 1213:'at 99 stat. 1088 public law 99177—dec. 12, 1985 42 use 1395j. 42 use 1395, 1395u. 98 stat. 1093. 42', 1214:'us e 1395gg. 42 us e 1395mm. ante, p. 1072. 98 stat. 1311, 1312. 42 use 655, 658. ante, p.', 1215:'1072. 42 use 670. state and local governments. 98 stat. 1167, 3296. 42 use 674. 42 use 670. any time', 1216:'during each cost reporting period of the provider any part of which occurs during the effective period of the order,', 1217:'but only for each such cost reporting period in the same proportion as the fraction of the cost reporting period', 1218:'that occurs during the effective period of the order. c effective period of order for fiscal year 1986.— for purposes', 1219:'of this paragraph, the effective period of a sequestration order for fiscal year 1986 is the period beginning on march', 1220:'1, 1986, and ending on september 30, 1986. 3 no increase in beneficiary charges in assignmentrelated cases.—if a reduction in', 1221:'payment amounts is made under paragraph 1 for services for which payment under part b of title xviii of the', 1222:'social security act is made on the basis of an assignment described in section 1842b3bii, in accordance with section 18420t6b,', 1223:'or under the procedure described in section 1870f1, of such act, the person furnishing the services shall be considered to', 1224:'have accepted payment of the reasonable charge for the services, less any reduction in payment amount made pursuant to a', 1225:'sequestration order, as payment in full. 4no effect on computation of aapcc.—in computing the adjusted average per capita cost for', 1226:'purposes of section 1876a4 of the social security act, the secretary of health and human services shall not take into', 1227:'account any reductions in payment amounts which have been or may be effected under this part. e treatment of child', 1228:'support enforcement program.—any order issued by the president under section 252 shall accomplish the full amount of any required reduction', 1229:'in expenditures under sections 455 and 458 of the social security act by reducing the federal matching rate for state', 1230:'administrative costs under such program, as specified for the fiscal year involved in section 455a of such act, to the', 1231:'extent necessary to reduce such expenditures by that amount. f treatment of foster care and adoption assistance programs.— any order', 1232:'issued by the president under section 252 shall make the reduction which is otherwise required under the foster care and', 1233:'adoption assistance programs established by part e of title iv of the social security act only with respect to payments', 1234:'and expenditures made by states in which increases in foster care maintenance payment rates or adoption assistance payment rates or', 1235:'both are to take effect during the fiscal year involved, and only to the extent that the required reduction can', 1236:'be accomplished by applying a uniform percentage reduction to the federal matching payments that each such state would otherwise receive', 1237:'under section 474 of that act for such fiscal year for that portion of the states payments which is attributable', 1238:'to the increases taking effect during that year. no state may, after the date of the enactment of this joint', 1239:'resolution, make any change in the timetable for making payments under a state plan approved under part e of title', 1240:'iv of the social security act which has the effect of changing the fiscal year in which expenditures under such', 1241:'part are made. g federal pay.— 1 in general.—for purposes of any order issued under section 252— afederal pay under', 1242:'a statutory pay system, and belements of military pay. public law 99177—dec. 12, 1985 99 stat. 1089 shall be subject', 1243:'to reduction under an order in the same manner as other administrative expense components of the federal budget; except that', 1244:'no such order may reduce or have the effect of reducing the rate of pay to which any individual is', 1245:'entitled under any such statutory pay system or the rate of any element of military pay to which any individual', 1246:'is entitled under title 37, united states code, or any increase in rates of pay which is scheduled to take', 1247:'effect under section 5305 of title 5, united states code, section 1009 of title 37, united states code, or any', 1248:'other provision of law. 2 definitions.—for purposes of this subsection: a the term statutory pay system shall have the meaning', 1249:'given that term in section 5301c of title 5, united states code. bthe term elements of military pay means— ithe', 1250:'elements of compensation of members of the uniformed services specified in section 1009 of title 37, united states code, ii', 1251:'allowances provided members of the uniformed services under sections 403a and 405 of such title, and ante, pp. iii cadet', 1252:'pay and midshipman pay under section ^^^^^^^^ 203c of such title. ^8 stat. 2536. cthe term uniformed services shall have', 1253:'the mean 37 use 203^ ing given that term in section 1013 of title 37, united states code, h treatment', 1254:'of payments and advances made with respect to unemployment compensation programs.—1 for purposes of section 252— ante, p. 1072. aany', 1255:'amount paid as regular unemplojrment compensation by a state from its account in the unemployment trust fund established by section', 1256:'904a of the social security act, 42 use 1104. bany advance made to a state from the federal unemployment account', 1257:'established by section 904g of such act under title xii of such act and any advance appropriated to the 42', 1258:'use 1321. federal unemployment account pursuant to section 1203 of such 42 use 1323. act, and c any payment made', 1259:'from the federal employees compensation account as established under section 909 of such act 42 use 1109. for the purpose', 1260:'of carrying out chapter 85 of title 5, united states code, and funds appropriated or transferred to or other5 use', 1261:'8501 wise deposited in such account, et seg. shall not be subject to reduction. 2xa a state may reduce each', 1262:'weekly benefit payment made under the federalstate extended unemplo3nnent compensation act of 1970 for any week of unemplojrment occurring during', 1263:'any 26 usc 3304 period with respect to which payments are reduced under an order note. issued under section 252', 1264:'by a percentage not to exceed the percentante, p. 1072. age by which the federal pajrment to the state under', 1265:'section 204 of such act is to be reduced for such week as a result of such order. 26 use', 1266:'3304 ba reduction by a state in accordance with subparagraph a note. shall not be considered as a failure to', 1267:'fulfill the requirements of section 3304axll of the internal revenue cllode of 1954. 26 use 3304. i treatment of mine', 1268:'worker disability ciompensation increases as automatic spending increases.—an order issued by the president under section 252 may not result in', 1269:'eliminating or ante, p. 1072. reducing an increase in disability benefits under the federal mine safety and health act except', 1270:'in the manner provided for automatic 30 use 801 note. 99 stat. 1090 public law 99177—dec. 12, 1985 ante, p.', 1271:'1072. spending increases under section 252axlxa, and no such increase may, pursuant to such section, be reduced below zero. agriculture', 1272:'and j commodity credit corporation.— agricultural 1 powers and authorities of the commodity credit cor commodities. poration.—this title shall not', 1273:'restrict the commodity credit corporation in the discharge of its authority and responsibility as a corporation to buy and sell', 1274:'commodities in world trade, to use the proceeds as a revolving fund to meet other obligations and otherwise operate as', 1275:'a corporation, the purpose for which it was created. 2 reduction in payments made under contracts.—a payments and loan eligibility', 1276:'under any contract entered into with a person by the commodity credit corporation prior to the ante, p. 1072. time', 1277:'an order has been issued under section 252 shall not be reduced by an order subsequently issued. subject to subparagraph', 1278:'b, after an order is issued under such section for a fiscal year, any cash payments made by the commodity', 1279:'credit corporation— iunder the terms of any oneyear contract entered into in such fiscal year and after the issuance of', 1280:'the order; and iiout of an entitlement account, to any person including £iny producer, lender, or guarantee entity shall be', 1281:'subject to reduction under the order. b each contract entered into with producers or producer cooperatives with respect to a', 1282:'particular crop of a commodity and subject to reduction under subparagraph a shall be reduced in accordance with the same', 1283:'terms and conditions. if some, but not all, contracts applicable to a crop of a commodity have been entered into', 1284:'prior to the issuance of an order under section 252, the order shall provide that the necessary reduction in payments', 1285:'under contracts applicable to the commodity be uniformly applied to all contracts for the next succeeding crop of the commodity,', 1286:'under the authority provided in paragraph 3. 3 delayed reduction in outlays permissible.—notwithstanding any other provision of this joint resolution,', 1287:'if an order under section 252 is issued with respect to a fiscal year, any reduction under the order applicable', 1288:'to contracts described in paragraph 1 may provide for reductions in outlays for the account involved to occur in the', 1289:'fiscal year following the fiscal year to which the order applies. no other account, or other program, project, or activity,', 1290:'shall bear an increased reduction for the fiscal year to which the order applies as a result of the operation', 1291:'of the preceding sentence. 4 uniform percentage rate of reduction and other umitations.—all reductions described in paragraph 2 which are', 1292:'required to be made in connection with an order issued under section 252 with respect to a fiscal year— ashall', 1293:'be made so as to ensure that outlays for each program, project, activity, or account involved are reduced by a', 1294:'percentage rate that is uniform for all such programs, projects, activities, and accounts, and may not be made so as', 1295:'to achieve a percentage rate of reduction in any such item exceeding the rate specified in the order; and bwith', 1296:'respect to commodity price support and income protection programs, shall be made in such manner and under such procedures as', 1297:'will attempt to ensure that— public law 99177—dec. 12, 1985 99 stat. 1091 iuncertainty as to the scope of benefits', 1298:'under any such program is minimized; ii any instability in market prices for agricultural commodities resulting from the reduction is', 1299:'minimized; and iii normal production and marketing relationships among agricultural commodities including both contract and noncontract commodities are not distorted.', 1300:'in meeting the criterion set out in clause iii of subparagraph b of the preceding sentence, the president shall take', 1301:'into consideration that reductions under an order may apply to programs for two or more agricultural commodities that use the', 1302:'same type of production or marketing resources or that are alternative commodities among which a producer could choose in making', 1303:'annual production decisions. 5 no double reduction.—no agricultural price support or income protection program that is subject to reduction under', 1304:'an order issued under section 252 for a fiscal year may be subject, ante, p. 1072. as well, to modification', 1305:'or suspension under such order as an automatic spending increase. 6 certain authority not to be umited.—nothing in this joint', 1306:'resolution shall limit or reduce, in any way, any appropriation that provides the commodity credit corporation with budget authority to', 1307:'cover the corporations net realized losses. k community and migrant health centers, indlan health services and faciuties, and veterans medical', 1308:'care.— 1 the maximum permissible reduction in budget authority for any account listed in paragraph 2 for any fiscal year,', 1309:'pursuant to an order issued under section 252, shall be ^ a 1 percent in the case of the fiscal', 1310:'year 1986, and b 2 percent in the case of any subsequent fiscal year. 2 the accounts referred to in', 1311:'paragraph 1 are as follows: acommunity health centers 75035001550, bmigrant health centers 75035001550. cindian health facilities 75039101551. dindian health services', 1312:'75039001551. eveterans medical care 36016001703. for purposes of the preceding provisions of this paragraph, programs are identified by the designated', 1313:'budget account identification code numbers set forth in the budget of the united states government—appendix. 1 treatment of obugated balances.—', 1314:'1 in general.—except as provided in paragraph 2, obligated balances shall not be subject to reduction under an order issued', 1315:'under section 252. ante, p. 1072. 2 exception.—existing contracts in major functional cat contracts. egory 050 other than a those', 1316:'contracts which include a specified penalty for cancellation or modification by the government and which if so cancelled or modified', 1317:'would result due to such penalty in a net loss to the government for the fiscal year, and b those', 1318:'contracts the reduction of which would violate the legal obligations of the government shall be subject to reduction, in accordance', 1319:'with section 251dx3, under an order issued ante, p. 1063. under section 252. 3 definition.—for purposes of this subsection, the', 1320:'term existing contracts shall include all military and civilian con 99 stat. 1092 public law 99177—dec. 12, 1985 tracts in', 1321:'major functional category 050 which exist at the time ante, p. 1072. the order involved is issued under section 252.', 1322:'2 use 907. sec. 257. definitions. for purposes of this title: 1the term automatic spending increase except as other ante,', 1323:'pp. 1082, wise provided in sections 255 and 256 means— 1086. a increases in budget outlays due to changes in', 1324:'indexes in the following federal programs: black lung benefits 20814407601; central intelligence agency retirement and disabil ity system fund 56340001054;', 1325:'civil service retirement and disability fund 2481350 7602; comptrollers general retirement system 05010701 801; foreign service retirement and disability fund', 1326:'19 818607602; judicial survivors annuities fund 10811007602; longshoremens and harborworkers compensation benefits 16997107601; military retirement fund 97809707602; national oceanic and', 1327:'atmospheric administration retirement 13145001306; pensions for former presidents 47010501802; railroad retirement tier ii 60801107601; retired pay, coast guard 69024101403; retirement', 1328:'pay and medical benefits for commis sioned officers, public health service 75037901551; special benefits. federal employees compensation act 16152101600; special', 1329:'benefits for disabled coal miners 75040901 601; and tax court judges survivors annuity fund 23811507 602; and bincreases in budget', 1330:'outlays due to changes in indexes in the following federal programs: 7 use 1781 note. national wool act 12433603351; special', 1331:'milk program 12350201605; and vocational rehabilitation 91030101506. for purposes of the preceding provisions of this paragraph, programs are identified by', 1332:'the designated budget account identification code numbers set forth in the budget of the united states government, 1986—appendix. 2the terms', 1333:'budget outlays and budg:et authority have the meaning given to such terms in sections 31 and 32, respectively, of the', 1334:'congressional budget and impoundment 2 use 622. control act of 1974. = 3 the term concurrent resolution on the budget', 1335:'has the meaning given to such term in section 34 of the congressional budget and impoundment control act of 1974.', 1336:'4the term deficit has the meaning given to such term in ante, p. 1039. section 36 of the congressional budget', 1337:'and impoundment control act of 1974. 5the term maximum deficit amount, with respect to any fiscal year, means the maximum', 1338:'deficit amount for such fiscal public law 99177—dec. 12, 1985 99 stat. 1093 year determined under section 37 of the', 1339:'congressional budget and impoundment control act of 1974. ante, p. 1039. 6 the term real economic growth, with respect to', 1340:'any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with', 1341:'department of commerce definitions. 7 the terms sequester and sequestration subject to section 252ax4 refer to or mean the cancellation', 1342:'of new budget ante, p. 1072. authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, and', 1343:'spending authority as defined in section 401cx2 of the congressional budget act of 1974, and the reduction of obligation ante,', 1344:'p. 1056. limitations. 8the term account means an item for which appropriations are made in any appropriation act used to', 1345:'determine the budget base, and, for items not provided for in appropriation acts, such term means an item for which', 1346:'there is a designated budget account identification code number in the appendix to the presidents budget. part d—budgetary treatment of', 1347:'social security trust funds sec. 261. treatment of trust funds. a fiscal years 1986 through 1992.— 1 in general.—section 710', 1348:'of the social security act as 42 use 9ii. added by paragraph 1 of subsection a of section 346 of', 1349:'the social security amendments of 1983 is amended— aby striking out all beginning with the the first place it appears', 1350:'down through disability insurance trust fund, the and inserting in lieu thereof the; bby striking out the comma after hospital', 1351:'insurance trust fund; cby striking out sections 1401, 3101, and 3111 and inserting in lieu thereof sections 1401b, 3101b, and', 1352:'3111b; dby redesignating all after the section designation as subsection \; eby inserting immediately after the section designation the following:', 1353:'a the receipts and disbursements of the federal oldage and taxes. survivors insurance trust fund and the federal disability insurance', 1354:'trust fund, and the taxes imposed under sections 1401a, 3101a, and 3111a of the internal revenue code of 1954, shall', 1355:'not 26 usc 1401, be included in the totals of the budget of the united states govern 3101, 3111. ment', 1356:'as submitted by the president or of the congressional budget and shall be exempt from any general budget limitation imposed', 1357:'by statute on expenditures and net lending budget outlays of the united states government. ; and fby adding at the', 1358:'end thereof the following new subsection: c no provision of law enacted after the date of the enactment of prohibition.', 1359:'the balanced budget and emergency deficit c!ontrol act of 1985 other than a provision of an appropriation act that appropriates', 1360:'funds authorized under the social security act as in effect on the 42 usc 1305. date of the enactment of', 1361:'the balanced budget and emergency 99 stat. 1094 public law 99177—dec. 12, 1985 deficit control act of 1985 may provide', 1362:'for payments from the general fund of the treasury to the federal oldage and survivors insurance trust fund or the', 1363:'federal disability insurance trust fund, or for payments from either such trust fund to the general fund of the treasury..', 1364:'42 use 911 note. 2 application.—the amendments made by paragraph 1 shall apply with respect to fiscal years beginning after', 1365:'september 30,1985, and ending before october 1,1992. 42 use 911. b fiscal year 1993 and thereafter.—section 710a of the social', 1366:'security act 42 u.s.c. 911 note, as amended by section 346b of the social security amendments of 1983 to be', 1367:'effective with respect to fiscal years beginning after september 30, 1992 is amended— 1 by inserting 1 after the subsection', 1368:'designation; and 2by adding at the end thereof the following new paragraph: 2 no provision of law enacted after the', 1369:'date of the enactment of the balanced budget and emergency deficit control act of 1985 other than a provision of', 1370:'an appropriation act that appropriates 42 use 1305. funds authorized under the social security act as in effect on the', 1371:'date of the enactment of the balanced budget and emergency deficit control act of 1985 may provide for payments from', 1372:'the general fund of the treasury to any trust fund specified in paragraph 1 or for payments from any such', 1373:'trust fund to the general fund of the treasury.. part e—miscellaneous and related provisions sec. 271. waivers and suspensions: rulemaking', 1374:'powers. 2 use 621 note. a budget act waivers in the senate.—section 904 of the congressional budget act of 1974', 1375:'is amended by redesignating subsection c as subsection d, and by inserting after subsection b the following new subsection: ante,', 1376:'pp. 1047, c sections 305b2 and 306 of this act may be waived or 1050. suspended in the senate only', 1377:'by the affirmative vote of threefifths of the members, duly chosen and sworn.. 2 us e 901 note. b other', 1378:'waivers and suspensions in the senate.—sections 301i, 302f, 304b, 310d, 310g, and 311a of the congressional ante, pp. 1040, budget', 1379:'act of 1974 may be waived or suspended in the senate only 1044,1047,1053, by the affirmative vote of threefifths of', 1380:'the members, duly chosen ^^^^ and sworn. this subsection shall not apply to any joint resolution reported or discharged pursuant', 1381:'to section 254a of this joint resolu ante, p. 1078. tion. 2 use 901 note. c rulemaking powers.—the provisions of', 1382:'this title, other than those relating to the activities of the executive and judicial branches of the government, are enacted', 1383:'by the congress— 1 as an exercise of the rulemaking power of the house of representatives and the senate, respectively,', 1384:'and as such they shall be considered as part of the rules of each house, respectively, or of that house', 1385:'to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent', 1386:'therewith; and 2with full recognition of the constitutional right of either house to change such rules so far as relating', 1387:'to such house at any time, in the same manner and to the same extent as in the case of', 1388:'any other rule of such house. public law 99177—dec. 12, 1985 99 stat. 1095 sec. 272. restoration of trust fund', 1389:'investments. 2 usc 901 note. a restoration of social security trust funds and certain other funds.— 1 reissuance of obugations.—the', 1390:'secretary of the treasury shall immediately reissue to each fund listed in paragraph 3obligations under chapter 31 of title 31,', 1391:'united states code, 3i use 3ioi which are identical, with respect to interest rate and maturity, e seq. to public', 1392:'debt obligations held by such fund which— a were redeemed during the period beginning with september 1, 1985, and ending', 1393:'with september 29, 1985, and b as determined by such secretary on the basis of standard investment procedures for such', 1394:'fund in effect on september 1, 1985, would not have been redeemed if h.j. res. 372 99th congress, 1st session,', 1395:'as deemed passed by ante, p. 1037. the house of representatives on august 1, 1985, had been enacted into law', 1396:'on august 1,1985. such obligations shall be substituted for obligations which are held by such fund on the date of', 1397:'the enactment of this joint resolution in a manner which will ensure that, after such substitution, the holdings of such', 1398:'fund will replicate to the maximum extent practicable the holdings which would have been held by such fund on such', 1399:'date if h.j. res. 372 99th congress, 1st session, as deemed passed by the house of repante, p. 1037. resentatives', 1400:'on august 1, 1985, had been enacted into law on august 1,1985. 2 appropriation to funds of interest lost on', 1401:'or after september 1, 1985.—the secretary of the treasury shall pay on the normal interest payment date to each fund', 1402:'listed in paragraph 3, from amounts in the general fund of the treasury not otherwise appropriated, an amount determined by', 1403:'such secretary to be equal to the excess of^ a the net amount of interest which would have been earned', 1404:'by such fund, during the period beginning with september 1, 1985, and ending with the date of the enactment of', 1405:'this joint resolution, if all noninvestments, redemptions, and disinvestments with respect to such fund which— ioccurred during such period, and', 1406:'ii would not have occurred if h.j. res. 372 99th congress, 1st session, as deemed passed by the house ante,', 1407:'p. 1037. of representatives on august 1,1985, had been enacted into law on august 1,1985, had not occurred, over b', 1408:'the net amount of interest actually earned by such fund during such period. 3 funds affected.—the funds referred to in', 1409:'paragraphs 1 and 2 are the following: a the federal oldage and survivors insurance trust fund, b the federal disability', 1410:'insurance trust fund, c the federal hospital insurance trust fund, d the federal supplementary medical insurance trust fund, e the', 1411:'railroad retirement account, f the civil service retirement and disability fund, and 99 stat. 1096 public law 99177—dec. 12, 1985', 1412:'g all other funds other than the funds referred to in subsection b or c listed in table iii of', 1413:'the monthly statement of the public debt issued by the department of the treasury for november 30,1985. b restoration of', 1414:'department of defense military retire, mentfund.— 1 issuance of obugations.—the secretary of the treasury shall immediately issue to the department', 1415:'of defense military retirement fund obligations under chapter 31 of title 31, 31 use 3101 united states code, which such', 1416:'secretary, in consultation with ^^ 5^9 the secretary of defense, determines would have been issued to such fund on october', 1417:'1,1985, if h.j. res. 372 99th congress, 1st ante, p. 1037. session, as deemed passed by the house of representatives', 1418:'on august 1, 1985, had been enacted into law on august 1, 1985. such obligations shall be marketbased special obligations', 1419:'issued at prices, including accrued interest, prevailing for such obligations on october 1, 1985. such obligations shall be substituted for', 1420:'all obligations which were purchased by such fund during the period beginning with october 1, 1985, and ending with november', 1421:'14, 1985, with amounts which were transferred to such fund on october 1,1985. 2 appropriation to fund of interest lost', 1422:'on or after october 1, 1985.— a in general.—the secretary of the treasury shall immediately pay to the department of', 1423:'defense military retirement fund, from amounts in the general fund of the treasury not otherwise appropriated, an amount determined by', 1424:'such secretary, in consultation with the secretary of defense, to be equal to the excess of— i the interest which', 1425:'would have been earned by such fund during the period beginning with october 1, 1985, and ending with november 14,1985,', 1426:'if the obligations issued pursuant to paragraph 1 had been issued on october 1,1985, over ii the amount of interest', 1427:'actually collected by such fund during such period on obligations purchased by such fund with amounts which were transferred to', 1428:'such fund on october 1,1985. b investment of interest receipts.—the secretary of the treasury shall immediately invest the amount paid', 1429:'to the department of defense military retirement fund pursuant to subparagraph a in obligations designated by the secretary of defense.', 1430:'such obligations shall be market based special obligations issued with an issue date of november 15, 1985, and at prices,', 1431:'including accrued interest, prevailing for such obligations on november 15, 1985. c appropriation to certain funds with respect to uninvested', 1432:'balances after december 6,1985.— 1in general.—the secretary of the treasury shall immediately pay, from amounts in the general fund not', 1433:'otherwise appropriated, to each fund which is listed in table iii of the monthly statement of the public debt issued', 1434:'by the department of the treasury for november 30, 1985, and which invests in marketbased special obligations under chapter 31', 1435:'of title 31, 31 use 3101 united states code, an amount equal to the interest which et seq. would have', 1436:'been earned by such fund during the period begin public law 99177—dec. 12, 1985 99 stat. 1097 ning with december', 1437:'7, 1985, and ending with the date of the enactment of this joint resolution, if the daily balance in such', 1438:'fund which the secretary of the treasury was requested to invest during such period but was unable to invest, because', 1439:'of the expiration of the temporary debt limit, had been invested each day during such period, overnight, in obligations under', 1440:'such chapter 31 earning interest at a rate determined by the secretary of the treasury in accordance with the standard', 1441:'practice of the department of the treasury. 2 expiration of temporary debt umit defined.—for purposes of paragraph 1, the term', 1442:'expiration of the temporary debt limit means the expiration of the period described in section 1 of the act entitled', 1443:'an act to temporarily increase the limit on the public debt and to restore the investments of the social security', 1444:'trust funds and other trust funds, approved november 14,1985 public law 99155. ante, p. 814. d additional appropriation to oasdi', 1445:'trust funds of interest lost from actions taken in september and october 1984.— 1in general.—on december 31, 1985, the secretary', 1446:'of the treasury shall pay to the federal oldage and survivors insurance trust fund and the federal disability insurance trust', 1447:'fund, from amounts in the general fund of the treasury not otherwise appropriated, amounts determined under this subsection. 2 amount', 1448:'paid to each trust fund.—the amount paid to each such trust fund pursuant to paragraph 1 shall be an amount', 1449:'determined jointly by the secretary of the treasury and the secretary of health and human services to be sufficient to', 1450:'fully compensate such trust fund for interest losses arising from the premature redemption, during the period beginning with september 1,', 1451:'1984, and ending with october 31, 1984, of securities maturing during the period beginning with calendar year 1987 and ending', 1452:'with calendar year 1991. 3 limitation.—the total amount paid from the general fund of the treasury pursuant to pareigraph 1', 1453:'shall not exceed $550,000,000. 4 adjustments.— a determination of shortfalls and excesses in payments to trust funds.—as soon as practicable', 1454:'after may 31,1986, the secretary of the treasury and the secretary of health and human services shall jointly determine any', 1455:'shortfall or excess in the amount paid to each trust fund pursuant to paragraph 1 caused by— i the difference', 1456:'between actual interest rates and interest rates assumed for purposes of paragraph 1, and iithe difference between the actual amount', 1457:'of secu^ rities redeemed in january 1986 for purposes of compliance with section 2011x3xb of the social security act 42', 1458:'usc 401. and the amount of securities assumed for purposes of paragraph 1 to be redeemed in such month for', 1459:'purposes of compliance with such section. b payment of shortfalls and excesses.—on june 30, 1986, the secretary of the treasury', 1460:'shall— i in the case of a shortfall in the amount paid to either trust fund determined pursuant to subpara', 1461:'99 stat. 1098 public law 99177—dec. 12, 1985 graph a, pay to such trust fund, from amounts in the general', 1462:'fund of the treasury not otherwise appro priated, the amount of such shortfall, or ii in the case of an', 1463:'excess in the amount paid to either trust fund determined pursuant to subparagraph a, pay to the general fund of', 1464:'the treasury, from such trust fund, the gunount of such excess but not to exceed the amount paid to such', 1465:'trust fund pursuant to paragraph 1. 2 use 921. sec. 273. revenue estimates. for the purposes of revenue legislation which', 1466:'is income, estate and gift, excise, and payroll taxes i.e social security, considered or enacted in any session of congress,', 1467:'the congressional budget office shall use exclusively during that session of congress revenue estimates provided to it by the joint', 1468:'committee on taxation. during that session of congress such revenue estimates shall be transmitted by the cijongressional budget office to', 1469:'any committee of the house of representatives or the senate requesting such estimates, and shall be used by such committees', 1470:'in determining such estimates. the budget committees of the senate and house shall determine all estimates with respect to scoring', 1471:'points of order and with respect to the execution of the purposes of this title and the congressional 2 use', 1472:'621 note. budget and impoundment control act of 1974. 2 use 922. sec. 274. judicial review. a expedited review.— 1', 1473:'any member of congress may bring an action, in the united states district court for the district of columbia, for', 1474:'declaratory judgment and injunctive relief on the ground that ante, p. 1072. any order that might be issued pursuant to', 1475:'section 252 violates the constitution. 2any member of congress, or any other person adversely affected by any action taken under', 1476:'this title, may bring an action, in the united states district court for the district of c!olumbia, for declaratory judgment', 1477:'and injunctive relief concerning the constitutionality of this title. 3 any member of congress may bring an action, in the', 1478:'united states district court for the district of columbia, for declaratory and injunctive relief on the ground that the terms', 1479:'of an order issued under section 252 do not comply with the requirements of this title. 4 a copy of', 1480:'any complaint in an action brought under paragraph 1, 2, or 3 shall be promptly delivered to the secretary of', 1481:'the senate and the clerk of the house of representatives, and each house of congress shall have the right to', 1482:'intervene in such action. 5any action brought under paragraph 1, 2, or 3 shall be heard and determined by a', 1483:'threejudge court in accordance with 98 stat. 3359. section 2284 of title 28, united states code. nothing in this section', 1484:'or in any other law shall infringe upon the right of the house of representatives to intervene in an action', 1485:'brought under paragraph 1, 2, or 3 without the necessity of adopting a resolution to authorize such intervention. b appeal', 1486:'to supreme court.—notwithstanding any other provision of law, any order of the united states district court for the district of', 1487:'columbia which is issued pursuant to an action brought public law 99177—dec. 12, 1985 99 stat. 1099 under paragraph 1,', 1488:'2, or 3 of subsection a shall be reviewable by appeal directly to the supreme court of the united states.', 1489:'any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered;', 1490:'and the jurisdictional statement shall be filed within 30 days after such order is entered. no stay of an order', 1491:'issued pursuant to an action brought under parg^aph 1, 2, or 3 of subsection a shall be issued by a', 1492:'single justice of the supreme court. c expedited consideration.—it shall be the duty of the district court for the district', 1493:'of columbia and the supreme court of the united states to advance on the docket and to expedite to the', 1494:'greatest possible extent the disposition of any matter brought under subsection a. d noncompliance with sequestration procedures.— 1if it is', 1495:'finally determined by a court of competent jurisdiction that an order issued by the president under section 2520? ante, p.', 1496:'1072. for any fiscal year— adoes not reduce automatic spending increases under any program specified in section 2571 to the', 1497:'extent that ante, p. 1092. such increases are required to be reduced by part c of this title or reduces', 1498:'such increases by a greater extent than is ante, p. 1063. so required, bdoes not sequester the amount of new', 1499:'budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by', 1500:'such part or sequesters more than that amount with respect to any program, project, activity, or account, or cdoes not', 1501:'reduce obligation limitations by the amount by which such limitations are required to be reduced under such part or reduces', 1502:'such limitations by more than that amount with respect to any program, project, activity, or account, the president shall, within', 1503:'20 days after such determination is president of u.s. made, revise the order in accordance with such determination. 2if the', 1504:'order issued by the president under section 252b for ante, p. 1072. any fiscal year— adoes not reduce any automatic', 1505:'spending increase to the extent that such increase is required to be reduced by part c of this title, bdoes', 1506:'not sequester any amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which', 1507:'is required to be sequestered by such part, or c does not reduce any obligation limitation by the amount by', 1508:'which such limitation is required to be reduced under such part, on the claim or defense that the constitutional powers', 1509:'of the president prevent such sequestration or reduction or permit the avoidance of such sequestration or reduction, and such claim', 1510:'or defense is finally determined by the supreme court of the united states to be valid, then the entire order', 1511:'issued pursuant to section 252b for such fiscal year shall be null and void. ante, p. 1072. e timing of', 1512:'reuef.—no order of any court granting declaratory or injunctive relief from the order of the president issued under section 252,', 1513:'including but not limited to relief permitting or requiring the expenditure of funds sequestered by such order, shall take 99', 1514:'stat. 1100 public law 99177—dec. 12, 1985 effect during the pendency of the action before such court, during the time', 1515:'appeal may be taken, or, if appeal is taken, during the period before the court to which such appeal is', 1516:'taken has entered its final order disposing of such action. f alternative procedures for the joint reports of the directors.—', 1517:'ante, p. 1063. 1 in the event that any of the reporting procedures described in section 251 are invalidated, then', 1518:'any report of the directors referred to in section 251a or cxd shall be transmitted to the joint committee established', 1519:'under this subsection. 2 upon the invalidation of any such procedure there is established a temporary joint committee on deficit', 1520:'reduction, composed of the entire membership of the budget committees of the house of representatives and the senate. the chairman', 1521:'of these two committees shall act as cochairmen of the joint committee. actions taken by the joint committee shall be', 1522:'determined by the majority vote of the members representing each house. the purposes of the joint committee are to receive', 1523:'the reports of the directors as described in paragraph 1, and to report with respect to each such report of', 1524:'the directors a joint resolution as described in paragraph 3. 3 no later than 5 days after the receipt of', 1525:'a report of the directors in accordance with paragraph 1, the joint committee shall report to the house of representatives', 1526:'and the senate a joint resolution setting forth the contents of the report of the directors. 4 the provisions relating', 1527:'to the consideration of a joint ante, p. 1078. resolution under section 254ax4 shall apply to the consideration of a', 1528:'joint resolution reported pursuant to this subsection in the house of representatives and the senate, except that debate in each', 1529:'house shall be limited to two hours. 5 upon its enactment, the joint resolution shall be deemed to ante, p.', 1530:'1063. be the report received by the president under section 251b or cx2 whichever is applicable. g preservation of other', 1531:'rights.—the rights created by this section are in addition to the rights of any person under law, subject to subsection', 1532:'e. h economic data, assumptions, and methodologies.—the economic data, assumptions, and methodologies used by the comptroller general in computing the', 1533:'base levels of total revenues and total budget outlays, as specified in any report issued by the comptroller general under', 1534:'section 251b or cx2, shall not be subject to review in any judicial or administrative proceeding. 2 us e 901', 1535:'note. sec. 275. effective dates. a in general.— 1 except £is provided in paragraph 2 and in subsections b and', 1536:'c, this title and the amendments made by this title shall become effective on the date of the enactment of', 1537:'this title and shall apply with respect to fiscal years beginning after september 30,1985. ante, p. 1039. 2xa the amendment', 1538:'made by section 201ax2, and the ante, p. 1044. ante, p. 1053. amendment made by section 201b insofar as it', 1539:'relates to subsections c, f, and g of section 302 of the congressioned budget act of 1974 and to subsections', 1540:'c, d, and g of section 310 of that act, shall become effective april 15,1986. public law 99177—dec. 12, 1985', 1541:'99 stat. 1101 bthe amendment made by section 212 shall become effecante, p. 1058. tive february 1,1986. b expiration.— 1part', 1542:'c of this title, and the other provisions contained in ante, p. 1063. or added by this title which are', 1543:'listed in paragraph 2, shall expire september 30,1991. 2the other provisions referred to in paragraph 1 are as follows: asection', 1544:'37 of the congressional budget and impoundment control act of 1974 and the second sentence of section ante, p. 1039.', 1545:'36 of such act as added by section 201a1 of this joint resolution; bsections 301i and 304b of the congressional', 1546:'budget act of 1974 and the portion of section 311a of such act ante, pp. 1040, which begins with or,', 1547:'in the senate and ends with para 10^7,1050. graph 2 of such subsection as added by section 201b of this', 1548:'joint resolution; csections 1105f and 1106c of title 31, united states ante, p. 1063. code as added by sections 241b', 1549:'and 242b of this joint resolution; and dsection 271b of this joint resolution. ante, p. 1094. c oasdi trust funds.—the', 1550:'amendments made by part d shall ^^« p io93. apply as provided in such part. approved december 12, 1985. legislative', 1551:'history—h.j. res. 372: house reports: no. 99351 and no. 99433 comm. of conference. senate report no. 99144 comm. on finance.', 1552:'congressional record, vol. 131 1985: aug. 1, sept. 4, considered and passed house. oct. 36, 810, considered and passed senate,', 1553:'amended. nov. 1, house receded and concurred in senate amendment, in others with amendments. nov. 1, 46, senate agreed to', 1554:'conference report; concurred in house amend ments with amendments. nov. 6, house disagreed to senate amendments. nov. 7, senate insisted', 1555:'on amendments; agreed to further conference. dec. 11, house and senate agreed to conference report. weekly compilation of presidential documents,', 1556:'vol. 21, no. 50 1985: dec. 12, presidential statement.',