18 has not been granted (or modified fi'om the level of
19 the previous fiscal period) in any other enacted legis-
20 lation for any program within such major functional
21 category, the amounts of budget authority and enti-
22 tlement authority for such major functional category
23 (or part thereof) for the previous fiscal period;
24 exceed the budget ceiling for such major functional cat-
25 egory.
418
12
1 SEC. 303. THREE-FIFTHS REQUUIEMENT FOR WAIVER OF
2 THIS ACT.
3 No waiver of any provision of this Act, including the
4 calendar deadlines for completion of Congressional action
5 and the provisions concerning over-budget spending, shall
6 be effective unless approved by the affirmative vote of
7 three-fifths of the Members of the Senate, a quorum being
8 present. No committee of the Senate shall have jurisdic-
9 tion to report a rule governing procedures for consider-
10 ation of spending bills covered by this Act, if such rule
1 1 would violate the provisions of this section. Nothing in this
12 provision shall be deemed to require a supermajority vote
13 to amend this Act.
14 Subtitle B — Limited Enhanced Rescission
15 Authority
16 SEC. 304. RESCISSION AUTHORITY LIMITED TO SPENDING
17 ABOVE LIMITS OF CONGRESSIONAL BUDGET
18 LAW.
19 The Impoundment Control Act of 1974 (2 U.S.C.
20 681 et seq.) is amended by redesignating sections 1013
21 through 1017 as sections 1014 through 1018, respectively,
22 and inserting after section 1012 the following new section:
23 "rescission of spending above limits of
24 congressional budget law
25 "Sec. 1013. (a) Transmittal of Special Mes-
26 SAGE. — The President may transmit to both Houses of
419
13
1 Congress for consideration in accordance with this section
2 one or more special messages to rescind (in whole or in
3 part) items of budget authority or entitlement authority
4 sufficient to ensure that the levels of budget authority, en-
5 titlement authority, and outlays in a functional category
6 do not exceed the levels stated in the budget law for the
7 applicable fiscal period (or, in the absence of a budget law,
8 do not exceed such levels in the previous fiscal period).
9 "(b) Limitations. — For purposes of this section —
10 "(1) continuing appropriations made pursuant
11 to section 1311 of title 31, United States Code, shall
12 be treated as continuing appropriations for an entire
13 fiscal period; and
14 "(2) the levels of budget authority, entitlement
15 authority, and outlays shall be determined on the
16 basis of the reports made by the Congressional
17 Budget Office pursuant to section 202 of the Budget
18 Process Reform Act of 1990.
19 "(c) Contents of Special Message. — Each spe-
20 cial message transmitted under subsection (a) shall speci-
21 fy, with respect to each item of budget authority to be
22 rescinded, the matters referred to in paragraphs (1)
23 through (5) of section 1012(a).
24 "(d) Requirement Not To Make Available for
25 Obligation. — ^Any item of budget authority to be re-
420
14
1 scinded as set forth in such special message shall not be
2 made available for obligation unless, within the prescribed
3 45-day period, Congress completes action on a rescission
4 bill disapproving the rescission of the amount to be re-
5 scinded. Funds made available for obligation under this
6 procedure may not be included in a special message again.
7 "(e) Procedures. —
8 "(1)(A) Before the close of the third day begin-
9 ning after the day on which a special message to re-
10 scind an item of budget authority is transmitted to
1 1 the House of Representatives and the Senate under
12 subsection (a), a bill may be introduced (by request)
13 by the majority leader or minority leader of the
14 House of the Congress in which the appropriation
15 Act providing the budget authority originated to dis-
16 approve the rescission set forth in the special mes-
17 sage. If such House is not in session on the day on
18 which a special message is transmitted, the bill may
19 be introduced in such House, as provided in the pre-
20 ceding sentence, on the first day thereafter on which
21 such House is in session.
22 "(B) A bill introduced in the House of Rep-
23 resentatives or the Senate pursuant to subparagraph
24 (A) shall be referred to the Committee on Appro-
25 priations of such House. The Committee shall report
421
15
1 the bill without substantive revision (and with or
2 without recommendation) not later than 15 calendar
3 days of continuous session of the Congress after the
4 date on which the bill is introduced. A committee
5 failing to report a bill within the 15-day period re-
6 ferred to in the preceding sentence shall be auto-
7 matically discharged from consideration of the bill
8 and the bill shall be placed on the appropriate eal-
9 endar.
10 "(C) A vote on final passage of a bill intro-
1 1 duced in a House of the Congress pursuant to sub-
12 paragraph (A) shall be taken on or before the close
13 of the 25th calendar day of continuous session of the
14 Congress after the date of the introduction of the
15 bill in such House. If the bill is agreed to, the Clerk
16 of the House of Representatives (in the case of a bill
17 agreed to in the House of Representatives) or the
18 Secretary of the Seijate (in the case of a bill agreed
19 to in the Senate) shall cause the bill to be engrossed,
20 certified, and transmitted to the other House of the
21 Congress on the same calendar day on which the bill
22 is agreed to.
23 "(2) (A) A bill transmitted to the House of Rep-
24 resentatives or the Senate pursuant to paragraph
25 (1)(C) shall be referred to the Committee on Appro-
422
16
1 priations of such House. The committee shall report
2 the bill without substantive revision (and with or
3 without recommendation) not later than 10 calendar
4 days of continuous session of the Congress after the
5 bill is transmitted to such House. A committee fail-
6 ing to report the bill within the 10-day period re-'
7 ferred to in the preceding sentence shall be auto-
8 matically discharged from consideration of the bill
9 and the bill shall be placed upon the appropriate cal-
10 endar.
11 "(B) A vote on the final passage of a bill trans-
12 mitted to a House of the Congress pursuant to para-
13 graph (1)(C) shall be taken on or before the close
14 of the 10th calendar day of continuous session of the
15 Congress after the date on which the bill is trans-
16 mitted to such House. If the bill is agreed to in such
17 House, the Clerk of the House of Representatives
18 (in the case of a bill agreed to in the House of Rep-
19 resentatives) or the Secretary of the Senate (in the
20 case of a bill agreed to in the Senate) shall cause the
21 engrossed bill to be returned to the House in which
22 the bill originated, together with a statement of the
23 action taken by the House acting under this para-
24 graph.
423
17
1 "(3) (A) A motion in the House of Representa-
2 tives to proceed to the consideration of a bill under
3 this section shall be highly privileged and not debat-
4 able. An amendment to the motion shall not be in
5 order, nor shall it be in order to move to reconsider
6 the vote by which the motion is agreed to or dis-
7 agreed to.
8 "(B) Debate in the House of Representatives
9 on a bill under this section shall be limited to not
10 more than 2 hours, which shall be divided equally
11 between those favoring and those opposing the bill.
12 A motion further to limit debate shall not be debat-
13 able and shall require an affirmative vote of two-
14 thirds of the Members voting, a quorum being
15 present. It shall not be in order to move to recommit
16 a bill under this section or to move to reconsider the
17 vote by which the bill is agreed to or disagreed to.
18 "(C) All appeals from the decisions of the Chair
19 relating to the application of the Rules of the House
20 of Representatives to the procedure relating to a bill
21 under this section shall be decided without debate.
22 "(D) Except to the extent specifically provided
23 in the preceding provisions of this subsection, con-
24 sideration of a bill under this section shall be gov-
424
18
1 emed by the Rules of the House of Representatives
2 appHcable to other bills in similar circumstances.
3 "(4) (A) A motion in the Senate to proceed to
4 the consideration of a bill under this section shall be
5 privileged and not debatable. An amendment to the
6 motion shall not be in order, nor shall it be in order
7 to move to reconsider the vote by which the motion
8 is agreed to or disagreed to.
9 "(B) Debate in the Senate on a bill under this
10 section, and all debatable motions and appeals in
11 connection therewith, shall be limited to not more
12 than 2 hours. The time shall be equally divided be-
13 tween, and controlled by, the majority leader and the
14 minority leader or their designees.
15 "(C) Debate in the Senate on any debatable
16 motion or appeal in connection with a bill under this
17 section shall be limited to not more than 1 hour, to
18 be equally divided between, and controlled by, the
19 mover and the manager of the bill except that in the
20 event the manager of the bill is in favor of any such
21 motion or appeal, the time in opposition thereto
22 shall be controlled by the minority leader or his des-
23 ignee. Such leaders, or either of them, may, from
24 time under their control on the passage of a bill,
425
19
1 allot additional time to any Senator during the con-
2 sideration of any debatable motion or appeal.
3 "(D) A motion in the Senate to further limit
4 debate on a bill under this section is not debatable.
5 A motion to recommit a bill under this section is not
6 in order.
7 "(f) Amendments Prohibited. — No amendment to
8 a bill considered under this section shall be in order in
9 either the House of Representatives or the Senate. No mo-
10 tion to suspend the application of this subsection shall be
11 in order in either House, not shall it be in order in either
12 House for the presiding officer to entertain a request to
13 suspend the application of this subsection by unanimous
14 consent.".
15 SEC. 305. APPUCATION.
16 The amendments made by section 304 shall apply to
17 items of budget authority (as defined in subsection (g)(1)
18 of section 1013, as added by section 103(b) of this Act)
19 provided by appropriation Acts (as defined in subsection
20 (g)(3) of such section) that become law after the date of
2 1 enactment of this Act.
426
20
1 Subtitle C — *^laiik Check** Appropriations
2 Prohibited
3 SEC. 306. INTENT OF SENATE.
4 It is the intent of the Senate, by this provision, to
5 put an end to open-ended, "blank cheek" appropriations,
6 which typically authorize the spending of "such sums as
7 may be necessary." By requiring explicit decisions con-
8 ceming the desired level of spending for each federal pro-
9 gram (except social security and interest on the debt), it
10 is intended that currently uncontrolled programs will be
1 1 brought -within the discipline of an overall budget.
1 2 SEC. 307. FIXED-DOLLAR APPROPRIATIONS REQUIRED.
13 (a) Fixed-Dollar Approprmtions. — For every ae-
14 count except social security and interest on the debt, every
15 appropriation for a fiscal period for any program, project,
16 or activitj^ shall be for a specific, fixed dollar amount. Any
17 appropriations of "such sums as may be necessary" (ex-
18 cept with respect to the automatic continuing resolution
19 provided for by section 401 of this Act) are hereby prohib-
20 ited.
21 (b) Point of Order. — It shall not be in order in
22 the Senate (or in any committee, subcommittee, or con-
23 ference) to consider any appropriation that is in violation
24 of subsection (a).
427
21
1 SEC. 308. AGENCY-ADJUSTED BENEFITS.
2 The head of each Executive agency that administers
3 any entitlement program is authorized to adjust benefit
4 levels and eligibility requirements, or both, with respect
5 to the program such that aggregate outlays for a fiscal
6 period do not exceed the fixed-dollar appropriation pro-
7 vided pursuant to this title for such fiscal period. Such
8 adjustment shall be made by rule or, pending adoption of
9 appropriate rules, informal guideline. The purpose of any
10 such rule or guideline shall be to ensure that the fixed-
1 1 dollar appropriations for the program authorized by Con-
12 gress are not exceeded.
13 SEC. 309. BUDGET AUTHORITY AND ENTITLEMENT AU-
14 THORTTY MAY COVER ONLY A SINGLE FISCAL
15 PERIOD.
16 Chapter 13 of title 31, United States Code, is amend-
17 ed by inserting after section 1312 the following new sec-
18 tion:
19 *'§ 1313. Budget authority and entitlement authority
20 must cover single fiscal period
21 "(a) Notwithstanding any other provision of law and
22 except as provided by subsection (b), no budget authority
23 or entitlement authority —
24 "(1) enacted on or after the date of enactment
25 of this section shall be effective for more than one
26 fiscal period; or
428
22
1 "(2) enacted before the date of enactment of
2 this section shall continue in effect beyond the end
3 of the first fiscal period be^nning after the date of
4 enactment of this section.
5 "(b) Subsection (a) does not apply with respect to
6 appropriations for the repayment of indebtedness incurred
7 under chapter 31 or benefits payable under the old-age,
8 survivors, and disability insurance program established
9 under title II of the Social Security Act.".
10 Subtitle D— "Pay As You Go'' Requirement for
1 1 New Spending
12 SEC. 310. SPENDING OFFSETS REQUIRED.
13 It shall not be in order in the Senate to consider any
14 supplemental appropriation measure, or any other bill,
15 resolution, or amendment which authorizes, requires, or
16 provides new entitlements/mandatory spending as defined
17 in section 3 (12) (A) of the Congressional Budget and Im-
18 poundment Control Act of 1974, or which authorizes
19 spending for a fiscal period that the report referred to in
20 section 302(a) of this Act indicates would in such fiscal
21 period exceed a budget ceiling, unless any such increased
22 spending called for therein is offset fully in each such fis-
23 cal period in such measure, bill, resolution or amendment
24 by an equal amount of reductions in existing spending.
429
23
1 SEC. 311. THREE-FIFTHS VOTE REQUIRED TO WAIVE POINT
2 OF ORDER.
3 The point of order established by this subtitle may
4 be waived or suspended in the Senate, and an appeal of
5 the ruling of the Chair on a point of order raised under
6 this section may be sustained, only by the affirmative vote
7 of three-fifths of the Members voting, a quorum being
8 present.
9 TITLE IV— SUSTAINING
10 MECHANISM
1 1 SEC. 401. AUTOMATIC CONTINUING RESOLUTION.
12 Chapter 13 of title 31, United States Code, is amend-
13 ed by inserting after section 1310 the following new sec-
14 tion:
15 "§ 1311. Continuing appropriation
16 "(a) If for any account an appropriation for a fiscal
17 period does not become law before the beginning of such
18 fiscal period, there are hereby appropriated, out of any
19 moneys in the Treasury not otherwise appropriated, and
20 out of applicable corporate or other revenues, receipts, and
21 funds, such sums as may be necessary to continue any
22 program, project, or activity provide for in the most recent
23 appropriation Act at a rate of operations not in excess of
24 the rate of operations provided for such program, project,
25 or activity in such Act. In no case shall the total dollar
26 amount of appropriations for any program, project or ac-
430
24
1 tivity pursuant to this section exceed the appropriation for
2 such program, project, or activity in the most recent ap-
3 propriation Act, determined on a fiscal-period basis.
4 "(b) Amounts appropriated pursuant to subsection
5 (a) for a program, project, or activity shall be available
6 during a fiscal period until the earlier of —
7 "(1) the day on which the appropriation bill for
8 such fiscal period which would include the progi'am,
9 project, or activity takes effect; or
10 "(2) the last day of such fiscal period.".
1 1 SEC. 402. CONTINGENCY REGULATIONS.
12 Chapter 13 of title 31, United States Code, is amend-
13 ed by inserting after section 1311 the following new
14 section:
15 ^§ 1312. Contingency regulations
16 "(a) Notwithstanding any other provisions of law and
17 except as provided by subsection (b), the head of each Ex-
18 ecutive agency that administers an}'^ entitlement program
19 shall, by rule, (or informal guideline, pending adoption of
20 appropriate rules), provide for the adjustments of benefit
21 levels or eligibility requirements, or both, with respect to
22 the program such that aggregate outlays for a fiscal period
23 do not exceed the fixed-dollar appropriation provided pur-
24 suant to section 314 (requiring fixed-dollar appropria-
431
25
1 tions) or section 401 (prov-iding for an Automatic Continu-
2 ing Resolution) of this Act for such fiscal period.
3 "(b) In the case of social safety net programs, the
4 rules shall provide each State the option of receiving an
5 aggregate amount for the fiscal period for such programs
6 equal to the amount it received for the preceding fiscal
7 period for such programs (in which case such State could,
8 in its discretion, allocate the benefits among such pro-
9 grams to best meet the needs of recipients in its State)
10 or the amounts it received for each such program for such
1 1 preceding fiscal period.
12 "(c) As used in this section —
13 "(1) the term 'Executive agency* has the mean-
14 ing given such term in section 105 of title 5, United
15 States Code;
16 "(2) the term 'entitlement program' means any
17 spending authority as defined in section
18 401(c)(2)(C) of the Congressional Budget Act of
19 1974; and
20 "(3) the term 'social safety net programs'
21 means the following programs: family support pay-
22 ments, adoption assistance, child support enforce-
23 ment, food stamps, foster care, medicaid, child nu-
24 trition programs, social services block grant, and
25 supplemental security income (SSI).".
432
26
1 SEC. 403. UNAUTHORIZED APPROPRIATIONS PROHIBITED.
2 Section 401(b) is amended to read as follows:
3 "(b) Controls on Legislation Providing Fund-
4 ING. — (1) It shall not be in order in either the House of
5 Representatives or the Senate to consider any bill, resolu-
6 tion, or conference report that provides budget authority
7 or spending authority described in subsection (c)(2)(C) ex-
8 cept a bill or resolution reported by the Committee on Ap-
9 propriations of that House or a conference report made
10 by a committee or conference all of whose conferees are
1 1 members of the Committee on Appropriations.
12 "(2) Paragraph (1) shall not apply to benefits pay-
13 able under the old-age, survivors, and disability insurance
14 program established under title II of the Social Security
15 Act".
16 TITLE V— PROTECTION OF
17 SOCIAL SECURITY
18 SEC. 501. BENEFITS PROTECTED AGAINST DEFICIT REDUC-
19 TION.
20 Nothing in this Act shall be construed to require or
21 permit reductions in Social Security benefits otherwise
22 payable pursuant to applicable law or regulations.
23 SEC. 602. CONFORMING AMENDMENT.
24 Chapter 13 of title 31, United States Code, is
25 amended by inserting after section 1313 the following new
26 section:
433
27
1 **§ 1314. Protection of social security from budget def-
2 icit reduction measures
3 "No reductions in benefits payable under the old-age,
4 survivors, and disability insurance program established
5 under title 11 of the Social Security Act shall be made as
6 a consequence of the Budget Process Reform Act".
7 TITLE VI— TIMETABLE
8 SEC. 601. REVISION OF TIMETABLE.
9 Section 300 (2 U.S.C. 631) is amended to read as
10 follows:
1 1 "timetable
12 "Sec. 300. The timetable \\ith respect to the Con-
13 gressional budget process for any Congress (beginning
14 with the One Hundred Third Congress) is as follows:
"On or before: Action to be completed:
First Monday in Februarj' President submits short-form budget
recommendations.
Februarj" 15 Congressional Budget Office submits
report to Budget Committees.
Februarj' 25 Committees submit views and esti-
mates to Budget Committees.
March 31 Budget Committees report joint reso-
lution on the budget.
April 15 Congress completes action on joint
resolution on the budget and trans-
mits it to the President for signa-
ture or veto.
President signs joint resolution, or Authorization and appropriations bills
Congress overrides veto. may be considered in the Congress.
15th day after enactment of joint President submits complete budget
budget resolution. and support documents.
June 10 Appropriations Committees report
last of annual appropriation bills.
September 30 Congress completes action on rec-
onciliation legislation and annual
appropriation bills.
434
28
"On or before: Action to be completed:
October 1 Fiscal period begins. Congress com-
pletes all necessary action on budg-
et, authorizations and appropria-
tions, or automatic continuing reso-
lution takes effect.".
1 TITLE VII— CONFORMING
2 AMENDMENTS
3 SEC. 701. CONFORMING AND TECHNICAL AMENDMENTS
4 CHANGING -CONCURRENT" TO "JOINT" RESO-
5 LUTIONS.
6 (a) Sections 300, 301, 302, 303, 304, 305, 308, 310,
7 and 311 (2 U.S.C. 631 et seq.) are amended by striking
8 "concurrent resolutions" each place it appears and by in-
9 serting "joint resolution".
10 (b) The table of contents set forth in section 1(b) is
11 amended by striking "Concurrent" in the items relating
12 to sections 301, 303, and 304 and inserting "Joint".
13 (c) Clauses 4(a)(2), 4(b)(2), 4(g), and 4(h) of rule
14 X, clause 8 of rule XXIII, and rule XLIX of the Rules
15 of the House of Representatives are amended by striking
16 "concurrent" and by inserting in its place "joint".
17 (d) Section 258C(b)(l) of the Deficit Control Action
18 of 1985 is amended by striking "concurrent" and by in-
19 serting "joint".
20 SEC. 702. FURTHER CONFORMING AND TECHNICAL AMEND-
21 MENTS.
22 (a) Section 302(f) (2 U.S.C. 633(f)) is amended—
435
29
1 (1) in paragraph (1) by striking "(1) In the
2 House of Representatives. — ", by striking "new
3 budget authority for such fiscal year, new entitle-
4 ment authority effective during such fiscal year, or"
5 and by striking "new discretionary budget authority,
6 new entitlement authority, or"; and
7 (2) by striking paragraph (2).
8 (b) Section 303 is amended —
9 (1) in its heading by striking "NEW budget
10 authority, new SPENDING , AUTHORITY," and the
11 comma before "OR changes";
12 (2) in subsection (a) by striking paragraphs
13 (1), (4) and (5) and by redesignating paragraphs
14 (2), (3), and (6) as paragraphs (1), (2), and (3), re-
15 spectively; and
16 (3) in subsection (b) by striking paragraph
17 (1)(A), by striking "(B)", by striking the dash after
18 "resolution", and by striking the last sentence.
19 (c) The table of contents set forth in section 1(b) is
20 amended by striking "new budget authority, new spending
21 authority," and the comma before "or changes" in the
22 item relating to section 303.
23 (d) Section 311 is amended —
24 (1) in its heading by striking "NEW BUDGET
25 AUTHORITY, NEW SPENDING AUTHORITY, AND";
436
30
1 (2) in subsection (a)(1) by striking "providing
2 new budget authority for such fiscal year, providing
3 new entitlement authority effective during such fis-
4 cal year, or"; by striking "the appropriate level of
5 total new budget authority or total budget outlays
6 set forth in the most recently agreed to concurrent
7 resolution on the budget to be exceeded, or";
8 (3) by repealing subsection (b); and
9 (4) by redesignating subsection (c) as sub-
10 section (b), and by striking "new budget authority,
11 budget outlays, new entitlement authority, and" in
12 subsection (c) (as redesignated).
13 (e) The table of contents set forth in section 1(b) is
14 amended by striking "new budget authority, new spending