Calendar No. TH ST CONGRESS SESSION S. CON. … TEXT OF...12 Fiscal year 2018: $lllllll,000,000. 13...

HEN17932 Chairman’s Mark S.L.C.

Calendar No. ll

115TH CONGRESS 1ST SESSION S. CON. RES. ll

[Report No. 115–lll]

Setting forth the congressional budget for the United States Government

for fiscal year 2018 and setting forth the appropriate budgetary levels

for fiscal years 2019 through 2027.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mr. ENZI, from the Committee on the Budget, reported the following original

concurrent resolution; which was placed on the calendar

CONCURRENT RESOLUTION Setting forth the congressional budget for the United States

Government for fiscal year 2018 and setting forth the

appropriate budgetary levels for fiscal years 2019

through 2027.

Resolved by the Senate (the House of Representatives 1

concurring), 2

SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET 3

FOR FISCAL YEAR 2018. 4

(a) DECLARATION.—Congress declares that this reso-5

lution is the concurrent resolution on the budget for fiscal 6

2


year 2018 and that this resolution sets forth the appro-1

priate budgetary levels for fiscal years 2019 through 2027. 2

(b) TABLE OF CONTENTS.—The table of contents for 3

this concurrent resolution is as follows: 4

Sec. 1. Concurrent resolution on the budget for fiscal year 2018.

TITLE I—RECOMMENDED LEVELS AND AMOUNTS

Subtitle A—Budgetary Levels in Both Houses

Sec. 1101. Recommended levels and amounts.

Sec. 1102. Major functional categories.

Subtitle B—Levels and Amounts in the Senate

Sec. 1201. Social Security in the Senate.

Sec. 1202. Postal Service discretionary administrative expenses in the Senate.

TITLE II—RECONCILIATION

Sec. 2001. Reconciliation in the Senate.

Sec. 2002. Reconciliation in the House of Representatives.

TITLE III—RESERVE FUNDS

Sec. 3001. Deficit-neutral reserve fund to protect flexible and affordable health

care for all.

Sec. 3002. Deficit-neutral reserve fund to reform the American tax system.

Sec. 3003. Reserve fund for reconciliation legislation.

Sec. 3004. Deficit-neutral reserve fund for extending the State Children’s

Health Insurance Program.

Sec. 3005. Deficit-neutral reserve fund to strengthen American families.

Sec. 3006. Deficit-neutral reserve fund to promote innovative educational and

nutritional models and systems for American students.

Sec. 3007. Deficit-neutral reserve fund to improve the American banking sys-

tem.

Sec. 3008. Deficit-neutral reserve fund to promote American agriculture, en-

ergy, transportation, and infrastructure improvements.

Sec. 3009. Deficit-neutral reserve fund to restore American military power.

Sec. 3010. Deficit-neutral reserve fund for veterans and service members.

Sec. 3011. Deficit-neutral reserve fund for public lands and the environment.

Sec. 3012. Deficit-neutral reserve fund to secure the American border.

Sec. 3013. Deficit-neutral reserve fund to promote economic growth, the private

sector, and to enhance job creation.

Sec. 3014. Deficit-neutral reserve fund for legislation modifying statutory budg-

etary controls.

Sec. 3015. Deficit-neutral reserve fund to prevent the taxpayer bailout of pen-

sion plans.

TITLE IV—BUDGET PROCESS

Subtitle A—Budget Enforcement

3


Sec. 4101. Point of order against advance appropriations in the Senate.

Sec. 4102. Point of order against certain changes in mandatory programs.

Sec. 4103. Point of order against provisions that constitute changes in manda-

tory programs affecting the Crime Victims Fund.

Sec. 4104. Point of order against designation of funds for overseas contingency

operations.

Sec. 4105. Point of order against reconciliation amendments with unknown

budgetary effects.

Sec. 4106. Pay-As-You-Go point of order in the Senate.

Sec. 4107. Honest accounting: cost estimates for major legislation to incor-

porate macroeconomic effects.

Sec. 4108. Adjustment authority for amendments to statutory caps.

Sec. 4109. Adjustment for wildfire suppression funding in the Senate.

Sec. 4110. Adjustment for improved oversight of spending.

Sec. 4111. Repeal of certain limitations.

Sec. 4112. Emergency legislation.

Sec. 4113. Enforcement filing in the Senate.

Subtitle B—Other Provisions

Sec. 4201. Oversight of Government performance.

Sec. 4202. Budgetary treatment of certain discretionary administrative ex-

penses.

Sec. 4203. Application and effect of changes in allocations and aggregates.

Sec. 4204. Adjustments to reflect changes in concepts and definitions.

Sec. 4205. Adjustments to reflect legislation not included in the baseline.

Sec. 4206. Exercise of rulemaking powers.

TITLE I—RECOMMENDED 1

LEVELS AND AMOUNTS 2

Subtitle A—Budgetary Levels in 3

Both Houses 4

SEC. 1101. RECOMMENDED LEVELS AND AMOUNTS. 5

The following budgetary levels are appropriate for 6

each of fiscal years 2018 through 2027: 7

(1) FEDERAL REVENUES.—For purposes of the 8

enforcement of this resolution: 9

(A) The recommended levels of Federal 10

revenues are as follows: 11

Fiscal year 2018: $lllllll,000,000. 12


4










(B) The amounts by which the aggregate 9

levels of Federal revenues should be changed 10

are as follows: 11











(2) NEW BUDGET AUTHORITY.—For purposes 22

of the enforcement of this resolution, the appropriate 23

levels of total new budget authority are as follows: 24


5











(3) BUDGET OUTLAYS.—For purposes of the 10

enforcement of this resolution, the appropriate levels 11

of total budget outlays are as follows: 12











(4) DEFICITS.—For purposes of the enforce-23

ment of this resolution, the amounts of the deficits 24

are as follows: 25

6












(5) PUBLIC DEBT.—Pursuant to section 11

301(a)(5) of the Congressional Budget Act of 1974 12

(2 U.S.C. 632(a)(5)), the appropriate levels of the 13

public debt are as follows: 14











7


(6) DEBT HELD BY THE PUBLIC.—The appro-1

priate levels of debt held by the public are as follows: 2











SEC. 1102. MAJOR FUNCTIONAL CATEGORIES. 13

Congress determines and declares that the appro-14

priate levels of new budget authority and outlays for fiscal 15

years 2018 through 2027 for each major functional cat-16

egory are: 17

(1) National Defense (050): 18

Fiscal year 2018: 19

(A) New budget authority, 20

$lllllll,000,000. 21

(B) Outlays, $lllllll,000,000. 22



$lllllll,000,000. 25

8



Fiscal year 2020: 2


$lllllll,000,000. 4


Fiscal year 2021: 6


$lllllll,000,000. 8




$lllllll,000,000. 12




$lllllll,000,000. 16




$lllllll,000,000. 20




$lllllll,000,000. 24


9


Fiscal year 2026: 1


$lllllll,000,000. 3


Fiscal year 2027: 5


$lllllll,000,000. 7


(2) International Affairs (150): 9



$lllllll,000,000. 12




$lllllll,000,000. 16




$lllllll,000,000. 20




$lllllll,000,000. 24


10


Fiscal year 2022: 1


$lllllll,000,000. 3


Fiscal year 2023: 5


$lllllll,000,000. 7


Fiscal year 2024: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23


11


(3) General Science, Space, and Technology 1

(250): 2

Fiscal year 2018: 3


$lllllll,000,000. 5


Fiscal year 2019: 7


$lllllll,000,000. 9




$lllllll,000,000. 13




$lllllll,000,000. 17




$lllllll,000,000. 21




$lllllll,000,000. 25

12



Fiscal year 2024: 2


$lllllll,000,000. 4


Fiscal year 2025: 6


$lllllll,000,000. 8




$lllllll,000,000. 12




$lllllll,000,000. 16


(4) Energy (270): 18



$lllllll,000,000. 21




$lllllll,000,000. 25

13



Fiscal year 2020: 2


$lllllll,000,000. 4


Fiscal year 2021: 6


$lllllll,000,000. 8




$lllllll,000,000. 12




$lllllll,000,000. 16




$lllllll,000,000. 20




$lllllll,000,000. 24


14


Fiscal year 2026: 1


$lllllll,000,000. 3


Fiscal year 2027: 5


$lllllll,000,000. 7


(5) Natural Resources and Environment (300): 9



$lllllll,000,000. 12




$lllllll,000,000. 16




$lllllll,000,000. 20




$lllllll,000,000. 24


15


Fiscal year 2022: 1


$lllllll,000,000. 3


Fiscal year 2023: 5


$lllllll,000,000. 7


Fiscal year 2024: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23


(6) Agriculture (350): 25

16


Fiscal year 2018: 1


$lllllll,000,000. 3


Fiscal year 2019: 5


$lllllll,000,000. 7


Fiscal year 2020: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



17



$lllllll,000,000. 2


Fiscal year 2025: 4


$lllllll,000,000. 6


Fiscal year 2026: 8


$lllllll,000,000. 10




$lllllll,000,000. 14


(7) Commerce and Housing Credit (370): 16



$lllllll,000,000. 19




$lllllll,000,000. 23



18



$lllllll,000,000. 2


Fiscal year 2021: 4


$lllllll,000,000. 6


Fiscal year 2022: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



19



$lllllll,000,000. 2


Fiscal year 2027: 4


$lllllll,000,000. 6


(8) Transportation (400): 8

Fiscal year 2018: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



20



$lllllll,000,000. 2


Fiscal year 2023: 4


$lllllll,000,000. 6


Fiscal year 2024: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22


(9) Community and Regional Development 24

(450): 25

21


Fiscal year 2018: 1


$lllllll,000,000. 3


Fiscal year 2019: 5


$lllllll,000,000. 7


Fiscal year 2020: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



22



$lllllll,000,000. 2


Fiscal year 2025: 4


$lllllll,000,000. 6


Fiscal year 2026: 8


$lllllll,000,000. 10




$lllllll,000,000. 14


(10) Education, Training, Employment, and 16

Social Services (500): 17



$lllllll,000,000. 20




$lllllll,000,000. 24


23


Fiscal year 2020: 1


$lllllll,000,000. 3


Fiscal year 2021: 5


$lllllll,000,000. 7


Fiscal year 2022: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



24



$lllllll,000,000. 2


Fiscal year 2027: 4


$lllllll,000,000. 6


(11) Health (550): 8

Fiscal year 2018: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



25



$lllllll,000,000. 2


Fiscal year 2023: 4


$lllllll,000,000. 6


Fiscal year 2024: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22


(12) Medicare (570): 24


26



$lllllll,000,000. 2


Fiscal year 2019: 4


$lllllll,000,000. 6


Fiscal year 2020: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



27



$lllllll,000,000. 2


Fiscal year 2025: 4


$lllllll,000,000. 6


Fiscal year 2026: 8


$lllllll,000,000. 10




$lllllll,000,000. 14


(13) Income Security (600): 16



$lllllll,000,000. 19




$lllllll,000,000. 23



28



$lllllll,000,000. 2


Fiscal year 2021: 4


$lllllll,000,000. 6


Fiscal year 2022: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



29



$lllllll,000,000. 2


Fiscal year 2027: 4


$lllllll,000,000. 6


(14) Social Security (650): 8

Fiscal year 2018: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



30



$lllllll,000,000. 2


Fiscal year 2023: 4


$lllllll,000,000. 6


Fiscal year 2024: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22


(15) Veterans Benefits and Services (700): 24


31



$lllllll,000,000. 2


Fiscal year 2019: 4


$lllllll,000,000. 6


Fiscal year 2020: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



32



$lllllll,000,000. 2


Fiscal year 2025: 4


$lllllll,000,000. 6


Fiscal year 2026: 8


$lllllll,000,000. 10




$lllllll,000,000. 14


(16) Administration of Justice (750): 16



$lllllll,000,000. 19




$lllllll,000,000. 23



33



$lllllll,000,000. 2


Fiscal year 2021: 4


$lllllll,000,000. 6


Fiscal year 2022: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



34



$lllllll,000,000. 2


Fiscal year 2027: 4


$lllllll,000,000. 6


(17) General Government (800): 8

Fiscal year 2018: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



35



$lllllll,000,000. 2


Fiscal year 2023: 4


$lllllll,000,000. 6


Fiscal year 2024: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22


(18) Net Interest (900): 24


36



$lllllll,000,000. 2


Fiscal year 2019: 4


$lllllll,000,000. 6


Fiscal year 2020: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



37



$lllllll,000,000. 2


Fiscal year 2025: 4


$lllllll,000,000. 6


Fiscal year 2026: 8


$lllllll,000,000. 10




$lllllll,000,000. 14


(19) Allowances (920): 16



$lllllll,000,000. 19




$lllllll,000,000. 23



38



$lllllll,000,000. 2


Fiscal year 2021: 4


$lllllll,000,000. 6


Fiscal year 2022: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



39



$lllllll,000,000. 2


Fiscal year 2027: 4


$lllllll,000,000. 6


(20) Undistributed Offsetting Receipts (950): 8

Fiscal year 2018: 9


$lllllll,000,000. 11




$lllllll,000,000. 15




$lllllll,000,000. 19




$lllllll,000,000. 23



40



$lllllll,000,000. 2


Fiscal year 2023: 4


$lllllll,000,000. 6


Fiscal year 2024: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22


(21) Overseas Contingency Operations (970): 24


41



$lllllll,000,000. 2


Fiscal year 2019: 4


$lllllll,000,000. 6


Fiscal year 2020: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18




$lllllll,000,000. 22



42



$lllllll,000,000. 2


Fiscal year 2025: 4


$lllllll,000,000. 6


Fiscal year 2026: 8


$lllllll,000,000. 10




$lllllll,000,000. 14


Subtitle B—Levels and Amounts in 16

the Senate 17

SEC. 1201. SOCIAL SECURITY IN THE SENATE. 18

(a) SOCIAL SECURITY REVENUES.—For purposes of 19

Senate enforcement under sections 302 and 311 of the 20

Congressional Budget Act of 1974 (2 U.S.C. 633 and 21

642), the amounts of revenues of the Federal Old-Age and 22

Survivors Insurance Trust Fund and the Federal Dis-23

ability Insurance Trust Fund are as follows: 24


43











(b) SOCIAL SECURITY OUTLAYS.—For purposes of 10

Senate enforcement under sections 302 and 311 of the 11

Congressional Budget Act of 1974 (2 U.S.C. 633 and 12

642), the amounts of outlays of the Federal Old-Age and 13


ability Insurance Trust Fund are as follows: 15











44


(c) SOCIAL SECURITY ADMINISTRATIVE EX-1

PENSES.—In the Senate, the amounts of new budget au-2

thority and budget outlays of the Federal Old-Age and 3


ability Insurance Trust Fund for administrative expenses 5

are as follows: 6

Fiscal year 2018: 7


$lllllll,000,000. 9




$lllllll,000,000. 13




$lllllll,000,000. 17




$lllllll,000,000. 21




$lllllll,000,000. 25

45



Fiscal year 2023: 2


$lllllll,000,000. 4


Fiscal year 2024: 6


$lllllll,000,000. 8




$lllllll,000,000. 12




$lllllll,000,000. 16




$lllllll,000,000. 20


46


SEC. 1202. POSTAL SERVICE DISCRETIONARY ADMINISTRA-1

TIVE EXPENSES IN THE SENATE. 2

In the Senate, the amounts of new budget authority 3

and budget outlays of the Postal Service for discretionary 4

administrative expenses are as follows: 5

Fiscal year 2018: 6


$lllllll,000,000. 8




$lllllll,000,000. 12




$lllllll,000,000. 16




$lllllll,000,000. 20




$lllllll,000,000. 24



47



$lllllll,000,000. 2


Fiscal year 2024: 4


$lllllll,000,000. 6


Fiscal year 2025: 8


$lllllll,000,000. 10




$lllllll,000,000. 14




$lllllll,000,000. 18


TITLE II—RECONCILIATION 20

SEC. 2001. RECONCILIATION IN THE SENATE. 21

(a) COMMITTEE ON FINANCE.—The Committee on 22

Finance of the Senate shall report changes in laws within 23

its jurisdiction that increase the deficit by not more than 24

48


$1,500,000,000,000 for the period of fiscal years 2018 1

through 2027. 2

(b) COMMITTEE ON ENERGY AND NATURAL RE-3

SOURCES.—The Committee on Energy and Natural Re-4

sources of the Senate shall report changes in laws within 5

its jurisdiction to reduce the deficit by not less than 6

$1,000,000,000 for the period of fiscal years 2018 7

through 2027. 8

(c) SUBMISSIONS.—In the Senate, not later than No-9

vember 13, 2017, the Committees named in subsections 10

(a) and (b) shall submit their recommendations to the 11

Committee on the Budget of the Senate. Upon receiving 12

such recommendations, the Committee on the Budget of 13

the Senate shall report to the Senate a reconciliation bill 14

carrying out all such recommendations without any sub-15

stantive revision. 16

SEC. 2002. RECONCILIATION IN THE HOUSE OF REP-17

RESENTATIVES. 18

(a) COMMITTEE ON WAYS AND MEANS.—The Com-19

mittee on Ways and Means of the House of Representa-20

tives shall submit changes in laws within its jurisdiction 21

that increase the deficit by not more than 22

$1,500,000,000,000 for the period of fiscal years 2018 23

through 2027. 24

49


(b) COMMITTEE ON NATURAL RESOURCES.—The 1

Committee on Natural Resources of the House of Rep-2

resentatives shall submit changes in laws within its juris-3

diction to reduce the deficit by not less than 4

$1,000,000,000 for the period of fiscal years 2018 5

through 2027. 6

(c) SUBMISSIONS.—In the House of Representatives, 7

not later than November 13, 2017, the committees named 8

in subsections (a) and (b) shall submit their recommenda-9

tions to the Committee on the Budget of the House of 10

Representatives to carry out this section. 11

TITLE III—RESERVE FUNDS 12

SEC. 3001. DEFICIT-NEUTRAL RESERVE FUND TO PROTECT 13

FLEXIBLE AND AFFORDABLE HEALTH CARE 14

FOR ALL. 15

The Chairman of the Committee on the Budget of 16

the Senate may revise the allocations of a committee or 17

committees, aggregates, and other appropriate levels in 18

this resolution, and make adjustments to the pay-as-you- 19

go ledger, for one or more bills, joint resolutions, amend-20

ments, amendments between the Houses, motions, or con-21

ference reports relating to repealing or replacing the Pa-22

tient Protection and Affordable Care Act (Public Law 23

111–148; 124 Stat. 119) and the Health Care and Edu-24

cation Reconciliation Act of 2010 (Public Law 111–152; 25

50


124 Stat. 1029), by the amounts provided in such legisla-1

tion for those purposes, provided that such legislation 2

would not increase the deficit over the period of the total 3

of fiscal years 2018 through 2027. 4

SEC. 3002. DEFICIT-NEUTRAL RESERVE FUND TO REFORM 5

THE AMERICAN TAX SYSTEM. 6







ference reports relating to reforming the Internal Revenue 13

Code of 1986, by the amounts provided in such legislation 14

for those purposes, provided that such legislation would 15

not increase the deficit over the period of the total of fiscal 16

years 2018 through 2027. 17

SEC. 3003. RESERVE FUND FOR RECONCILIATION LEGISLA-18

TION. 19

(a) IN GENERAL.—The Chairman of the Committee 20

on the Budget of the Senate may revise the allocations 21

of a committee or committees, aggregates, and other ap-22

propriate levels in this resolution, and make adjustments 23

to the pay-as-you-go ledger, for any bill or joint resolution 24

considered pursuant to section 2001 containing the rec-25

51


ommendations of one or more committees, or for one or 1

more amendments to, a conference report on, or an 2

amendment between the Houses in relation to such a bill 3

or joint resolution, by the amounts necessary to accommo-4

date the budgetary effects of the legislation, if the budg-5

etary effects of the legislation comply with the reconcili-6

ation instructions under this concurrent resolution. 7

(b) DETERMINATION OF COMPLIANCE.—For pur-8

poses of this section, compliance with the reconciliation 9

instructions under this concurrent resolution shall be de-10

termined by the Chairman of the Committee on the Budg-11

et of the Senate. 12

(c) EXCEPTION FOR LEGISLATION.—Section 404(a) 13

of S. Con. Res. 13 (111th Congress), the concurrent reso-14

lution on the budget for fiscal year 2010 shall not apply 15

to legislation for which the Chairman of the Committee 16

on the Budget of the Senate has exercised the authority 17

under subsection (a). 18

SEC. 3004. DEFICIT-NEUTRAL RESERVE FUND FOR EXTEND-19

ING THE STATE CHILDREN’S HEALTH INSUR-20

ANCE PROGRAM. 21





52




ference reports relating to an extension of the State Chil-3

dren’s Health Insurance Program, by the amounts pro-4

vided in such legislation for those purposes, provided that 5

such legislation would not increase the deficit over either 6

the period of the total of fiscal years 2018 through 2022 7

or the period of the total of fiscal years 2018 through 8

2027. 9

SEC. 3005. DEFICIT-NEUTRAL RESERVE FUND TO 10

STRENGTHEN AMERICAN FAMILIES. 11







ference reports relating to— 18

(1) addressing the opioid and substance abuse 19

crisis; 20

(2) protecting and assisting victims of domestic 21

abuse; 22

(3) foster care, child care, marriage, and father-23

hood programs; 24

(4) making it easier to save for retirement; 25

53


(5) reforming the American public housing sys-1

tem; 2

(6) the Community Development Block Grant 3

Program; or 4

(7) extending expiring health care provisions, 5

by the amounts provided in such legislation for those pur-6

poses, provided that such legislation would not increase 7

the deficit over either the period of the total of fiscal years 8

2018 through 2022 or the period of the total of fiscal 9


SEC. 3006. DEFICIT-NEUTRAL RESERVE FUND TO PROMOTE 11

INNOVATIVE EDUCATIONAL AND NUTRI-12

TIONAL MODELS AND SYSTEMS FOR AMER-13

ICAN STUDENTS. 14








(1) amending the Higher Education Act of 22

1965 (20 U.S.C. 1001 et seq.); 23

(2) ensuring State flexibility in education; 24

54


(3) enhancing outcomes with Federal workforce 1

development, job training, and reemployment pro-2

grams; 3

(4) the consolidation and streamlining of over-4

lapping early learning and child care programs; 5

(5) educational programs for individuals with 6

disabilities; or 7

(6) child nutrition programs, 8






SEC. 3007. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE 14

THE AMERICAN BANKING SYSTEM. 15







ference reports relating to the American banking system 22




55





AMERICAN AGRICULTURE, ENERGY, TRANS-4

PORTATION, AND INFRASTRUCTURE IM-5

PROVEMENTS. 6








(1) the Farm Bill; 14

(2) American energy policies; 15

(3) the Nuclear Regulatory Commission; 16

(4) North American energy development; 17

(5) infrastructure, transportation, and water 18

development; 19

(6) the Federal Aviation Administration; 20

(7) the National Flood Insurance Program; 21

(8) State mineral royalty revenues; or 22

(9) soda ash royalties, 23



56





SEC. 3009. DEFICIT-NEUTRAL RESERVE FUND TO RESTORE 4

AMERICAN MILITARY POWER. 5








(1) improving military readiness, including de-13

ferred Facilities Sustainment Restoration and Mod-14

ernization; 15

(2) military technological superiority; 16

(3) structural defense reforms; or 17

(4) strengthening cybersecurity efforts, 18






57


SEC. 3010. DEFICIT-NEUTRAL RESERVE FUND FOR VET-1

ERANS AND SERVICE MEMBERS. 2







ference reports relating to improving the delivery of bene-9

fits and services to veterans and service members by the 10

amounts provided in such legislation for those purposes, 11

provided that such legislation would not increase the def-12

icit over either the period of the total of fiscal years 2018 13

through 2022 or the period of the total of fiscal years 14

2018 through 2027. 15

SEC. 3011. DEFICIT-NEUTRAL RESERVE FUND FOR PUBLIC 16

LANDS AND THE ENVIRONMENT. 17








(1) the Endangered Species Act of 1973 (16 25

U.S.C. 1531 et seq.); 26

58


(2) forest health and wildfire prevention and 1

control; 2

(3) resources for wildland firefighting for the 3

Forest Service and Department of Interior; 4

(4) the payments in lieu of taxes program; or 5

(5) the secure rural schools and community 6

self-determination program, 7






SEC. 3012. DEFICIT-NEUTRAL RESERVE FUND TO SECURE 13

THE AMERICAN BORDER. 14








(1) securing the border of the United States; 22

(2) ending human trafficking; or 23

(3) stopping the transportation of narcotics into 24

the United States, 25

59








ECONOMIC GROWTH, THE PRIVATE SECTOR, 7

AND TO ENHANCE JOB CREATION. 8








(1) reducing costs to businesses and individuals 16

stemming from Federal regulations; 17

(2) increasing commerce and economic growth; 18

or 19

(3) enhancing job creation, 20






60


SEC. 3014. DEFICIT-NEUTRAL RESERVE FUND FOR LEGIS-1

LATION MODIFYING STATUTORY BUDGETARY 2

CONTROLS. 3







ference reports relating to modifying statutory budget con-10

trols, which may include adjustments to the discretionary 11

spending limits and changes to the scope of sequestration 12

as carried out by the Office of Management and Budget, 13

such as for the Financial Accounting Standards Board, 14

Public Company Accounting Oversight Board, Securities 15

Investor Protection Corporation, and other similar enti-16

ties, by the amounts provided in such legislation for those 17

purposes, provided that such legislation would not increase 18

the deficit over the period of the total of fiscal years 2018 19

through 2027. 20

SEC. 3015. DEFICIT-NEUTRAL RESERVE FUND TO PREVENT 21

THE TAXPAYER BAILOUT OF PENSION PLANS. 22





61




ference reports relating to the prevention of taxpayer bail-3

out of pension plans, by the amounts provided in such leg-4

islation for those purposes, provided that such legislation 5

would not increase the deficit over either the period of the 6

total of fiscal years 2018 through 2022 or the period of 7

the total of fiscal years 2018 through 2027. 8

TITLE IV—BUDGET PROCESS 9

Subtitle A—Budget Enforcement 10

SEC. 4101. POINT OF ORDER AGAINST ADVANCE APPRO-11

PRIATIONS IN THE SENATE. 12

(a) IN GENERAL.— 13

(1) POINT OF ORDER.—Except as provided in 14

subsection (b), it shall not be in order in the Senate 15

to consider any bill, joint resolution, motion, amend-16

ment, amendment between the Houses, or con-17

ference report that would provide an advance appro-18

priation for a discretionary account. 19

(2) DEFINITION.—In this section, the term 20

‘‘advance appropriation’’ means any new budget au-21

thority provided in a bill or joint resolution making 22

appropriations for fiscal year 2018 that first be-23

comes available for any fiscal year after 2018, or 24

any new budget authority provided in a bill or joint 25

62


resolution making general appropriations or con-1

tinuing appropriations for fiscal year 2019, that first 2

becomes available for any fiscal year after 2019. 3

(b) EXCEPTIONS.—Advance appropriations may be 4

provided— 5

(1) for fiscal years 2019 and 2020 for pro-6

grams, projects, activities, or accounts identified in 7

the joint explanatory statement of managers accom-8

panying this concurrent resolution under the head-9

ing ‘‘Accounts Identified for Advance Appropria-10

tions’’ in an aggregate amount not to exceed 11

$28,852,000,000 in new budget authority in each 12

fiscal year; 13

(2) for the Corporation for Public Broad-14

casting; and 15

(3) for the Department of Veterans Affairs for 16

the Medical Services, Medical Support and Compli-17

ance, Veterans Medical Community Care, and Med-18

ical Facilities accounts of the Veterans Health Ad-19

ministration. 20

(c) SUPERMAJORITY WAIVER AND APPEAL.— 21

(1) WAIVER.—In the Senate, subsection (a) 22

may be waived or suspended only by an affirmative 23

vote of three-fifths of the Members, duly chosen and 24

sworn. 25

63


(2) APPEAL.—An affirmative vote of three- 1

fifths of the Members of the Senate, duly chosen and 2

sworn, shall be required to sustain an appeal of the 3

ruling of the Chair on a point of order raised under 4

subsection (a). 5

(d) FORM OF POINT OF ORDER.—A point of order 6

under subsection (a) may be raised by a Senator as pro-7

vided in section 313(e) of the Congressional Budget Act 8

of 1974 (2 U.S.C. 644(e)). 9

(e) CONFERENCE REPORTS.—When the Senate is 10

considering a conference report on, or an amendment be-11

tween the Houses in relation to, a bill or joint resolution, 12

upon a point of order being made by any Senator pursuant 13

to this section, and such point of order being sustained, 14

such material contained in such conference report or 15

House amendment shall be stricken, and the Senate shall 16

proceed to consider the question of whether the Senate 17

shall recede from its amendment and concur with a fur-18

ther amendment, or concur in the House amendment with 19

a further amendment, as the case may be, which further 20

amendment shall consist of only that portion of the con-21

ference report or House amendment, as the case may be, 22

not so stricken. Any such motion in the Senate shall be 23

debatable. In any case in which such point of order is sus-24

tained against a conference report (or Senate amendment 25

64


derived from such conference report by operation of this 1

subsection), no further amendment shall be in order. 2

SEC. 4102. POINT OF ORDER AGAINST CERTAIN CHANGES 3

IN MANDATORY PROGRAMS. 4

(a) DEFINITION.—In this section, the term 5

‘‘CHIMP’’ means a provision that— 6

(1) would have been estimated as affecting di-7

rect spending or receipts under section 252 of the 8

Balanced Budget and Emergency Deficit Control 9

Act of 1985 (2 U.S.C. 902) (as in effect prior to 10

September 30, 2002) if the provision was included 11

in legislation other than appropriation Acts; and 12

(2) results in a net decrease in budget authority 13

in the budget year, but does not result in a net de-14

crease in outlays over the period of the total of the 15

current year, the budget year, and all fiscal years 16

covered under the most recently adopted concurrent 17

resolution on the budget. 18

(b) POINT OF ORDER IN THE SENATE.— 19

(1) IN GENERAL.—It shall not be in order in 20

the Senate to consider a bill or joint resolution mak-21

ing appropriations for a full fiscal year, or an 22

amendment thereto, amendment between the Houses 23

in relation thereto, conference report thereon, or mo-24

tion thereon, that includes a CHIMP that, if en-25

65


acted, would cause the absolute value of the total 1

budget authority of all such CHIMPs enacted in re-2

lation to a full fiscal year to be more than the 3

amount specified in paragraph (2). 4

(2) AMOUNT.—The amount specified in this 5

paragraph is— 6

(A) for fiscal year 2018, $17,000,000,000; 7

(B) for fiscal year 2019, $15,000,000,000; 8

and 9

(C) for fiscal year 2020, $15,000,000,000. 10

(c) DETERMINATION.—For purposes of this section, 11

budgetary levels shall be determined on the basis of esti-12

mates provided by the Chairman of the Committee on the 13

Budget of the Senate. 14

(d) SUPERMAJORITY WAIVER AND APPEAL IN THE 15

SENATE.—In the Senate, subsection (b) may be waived 16

or suspended only by an affirmative vote of three-fifths 17

of the Members, duly chosen and sworn. An affirmative 18

vote of three-fifths of the Members of the Senate, duly 19

chosen and sworn, shall be required to sustain an appeal 20

of the ruling of the Chair on a point of order raised under 21

subsection (b). 22

(e) SENATE POINT OF ORDER AGAINST PROVISIONS 23

OF APPROPRIATIONS LEGISLATION THAT CONSTITUTE 24

66


CHANGES IN MANDATORY PROGRAMS WITH NET 1

COSTS.— 2

(1) IN GENERAL.—Section 3103(e) of S. Con. 3

Res. 11 (114th Congress), the concurrent resolution 4

on the budget for fiscal year 2016, is repealed. 5

(2) APPLICABILITY.—In the Senate, section 6

314 of S. Con. Res. 70 (110th Congress), the con-7

current resolution on the budget for fiscal year 8

2009, shall be applied and administered as if section 9

3103(e) of S. Con. Res. 11 (114th Congress), the 10

concurrent resolution on the budget for fiscal year 11

2016, had not been enacted. 12

SEC. 4103. POINT OF ORDER AGAINST PROVISIONS THAT 13

CONSTITUTE CHANGES IN MANDATORY PRO-14

GRAMS AFFECTING THE CRIME VICTIMS 15

FUND. 16

(a) DEFINITION.—In this section— 17

(1) the term ‘‘CHIMP’’ has the meaning given 18

such term in section 4102(a); and 19

(2) the term ‘‘Crime Victims Fund’’ means the 20

Crime Victims Fund established under section 1402 21

of the Victims of Crime Act of 1984 (34 U.S.C. 22

20101). 23

(b) POINT OF ORDER IN THE SENATE.— 24

67


(1) IN GENERAL.—When the Senate is consid-1

ering a bill or joint resolution making full-year ap-2

propriations for fiscal year 2018, or an amendment 3

thereto, amendment between the Houses in relation 4

thereto, conference report thereon, or motion there-5

on, if a point of order is made by a Senator against 6

a provision containing a CHIMP affecting the Crime 7

Victims Fund that, if enacted, would cause the abso-8

lute value of the total budget authority of all 9

CHIMPs affecting the Crime Victims Fund in rela-10

tion to fiscal year 2018 to be more than 11

$11,224,000,000, and the point of order is sustained 12

by the Chair, that provision shall be stricken from 13

the measure and may not be offered as an amend-14

ment from the floor. 15

(2) FORM OF THE POINT OF ORDER.—A point 16

of order under paragraph (1) may be raised by a 17

Senator as provided in section 313(e) of the Con-18

gressional Budget Act of 1974 (2 U.S.C. 644(e)). 19

(3) CONFERENCE REPORTS.—When the Senate 20

is considering a conference report on, or an amend-21

ment between the Houses in relation to, a bill or 22

joint resolution, upon a point of order being made 23

by any Senator pursuant to paragraph (1), and such 24

point of order being sustained, such material con-25

68


tained in such conference report or House amend-1

ment shall be stricken, and the Senate shall proceed 2

to consider the question of whether the Senate shall 3

recede from its amendment and concur with a fur-4

ther amendment, or concur in the House amendment 5

with a further amendment, as the case may be, 6

which further amendment shall consist of only that 7

portion of the conference report or House amend-8

ment, as the case may be, not so stricken. Any such 9

motion in the Senate shall be debatable. In any case 10

in which such point of order is sustained against a 11

conference report (or Senate amendment derived 12

from such conference report by operation of this 13


(4) SUPERMAJORITY WAIVER AND APPEAL.—In 15

the Senate, this subsection may be waived or sus-16

pended only by an affirmative vote of three-fifths of 17

the Members, duly chosen and sworn. An affirmative 18

vote of three-fifths of Members of the Senate, duly 19

chosen and sworn shall be required to sustain an ap-20

peal of the ruling of the Chair on a point of order 21

raised under this subsection. 22

(5) DETERMINATION.—For purposes of this 23

subsection, budgetary levels shall be determined on 24

69


the basis of estimates provided by the Chairman of 1

the Committee on the Budget of the Senate. 2

(c) REVIEW OF PROCEDURES REGARDING CHIMPS.— 3

The Committee on the Budget and the Committee on Ap-4

propriations of the Senate shall review existing budget en-5

forcement procedures regarding CHIMPs included in ap-6

propriations legislation. These committees of jurisdiction 7

should consult with other relevant committees of jurisdic-8

tion and other interested parties to review such proce-9

dures, including for Crime Victims Fund spending, and 10

include any agreed upon recommendations in subsequent 11

concurrent resolutions on the budget. 12

SEC. 4104. POINT OF ORDER AGAINST DESIGNATION OF 13

FUNDS FOR OVERSEAS CONTINGENCY OPER-14

ATIONS. 15

(a) POINT OF ORDER.—When the Senate is consid-16

ering a bill, joint resolution, motion, amendment, amend-17

ment between the Houses, or conference report, if a point 18

of order is made by a Senator against a provision that 19

designates funds for fiscal year 2018 for overseas contin-20

gency operations, in accordance with section 251(b)(2)(A) 21

of the Balanced Budget and Emergency Deficit Control 22

Act of 1985 (2 U.S.C. 901(b)(2)(A)), and the point of 23

order is sustained by the Chair, that provision shall be 24

70


stricken from the measure and may not be offered as an 1

amendment from the floor. 2

(b) FORM OF THE POINT OF ORDER.—A point of 3

order under subsection (a) may be raised by a Senator 4

as provided in section 313(e) of the Congressional Budget 5

Act of 1974 (2 U.S.C. 644(e)). 6

(c) CONFERENCE REPORTS.—When the Senate is 7

considering a conference report on, or an amendment be-8

tween the Houses in relation to, a bill or joint resolution, 9

upon a point of order being made by any Senator pursuant 10

to subsection (a), and such point of order being sustained, 11

such material contained in such conference report or 12

House amendment shall be stricken, and the Senate shall 13

proceed to consider the question of whether the Senate 14

shall recede from its amendment and concur with a fur-15

ther amendment, or concur in the House amendment with 16

a further amendment, as the case may be, which further 17

amendment shall consist of only that portion of the con-18

ference report or House amendment, as the case may be, 19

not so stricken. Any such motion in the Senate shall be 20

debatable. In any case in which such point of order is sus-21

tained against a conference report (or Senate amendment 22

derived from such conference report by operation of this 23


71


(d) SUPERMAJORITY WAIVER AND APPEAL.—In the 1

Senate, this section may be waived or suspended only by 2

an affirmative vote of three-fifths of the Members, duly 3

chose and sworn. An affirmative vote of three-fifths of 4

Members of the Senate, duly chosen and sworn shall be 5

required to sustain an appeal of the ruling of the Chair 6

on a point of order raised under this section. 7

(e) SUSPENSION OF POINT OF ORDER.—This section 8

shall not apply if a declaration of war by Congress is in 9

effect. 10

SEC. 4105. POINT OF ORDER AGAINST RECONCILIATION 11

AMENDMENTS WITH UNKNOWN BUDGETARY 12

EFFECTS. 13

(a) IN GENERAL.—In the Senate, it shall not be in 14

order to consider an amendment to or motion on a bill 15

or joint resolution considered pursuant to section 2001 if 16

the Chairman of the Committee on the Budget submits 17

a written statement for the Congressional Record indi-18

cating that the Chairman, after consultation with the 19

Ranking Member of the Committee on the Budget, is un-20

able to determine the effect the amendment or motion 21

would have on budget authority, outlays, direct spending, 22

entitlement authority, revenues, deficits, or surpluses. 23

(b) SUPERMAJORITY WAIVER AND APPEAL IN THE 24

SENATE.—In the Senate, subsection (a) may be waived 25

72


or suspended only by an affirmative vote of three-fifths 1

of the Members, duly chosen and sworn. An affirmative 2

vote of three-fifths of the Members of the Senate, duly 3

chosen and sworn, shall be required to sustain an appeal 4

of the ruling of the Chair on a point of order raised under 5

subsection (a). 6

SEC. 4106. PAY-AS-YOU-GO POINT OF ORDER IN THE SEN-7

ATE. 8

(a) POINT OF ORDER.— 9

(1) IN GENERAL.—It shall not be in order in 10

the Senate to consider any direct spending or rev-11

enue legislation that would increase the on-budget 12

deficit or cause an on-budget deficit for any of the 13

applicable time periods as measured in paragraphs 14

(5) and (6). 15

(2) APPLICABLE TIME PERIODS.—For purposes 16

of this subsection, the term ‘‘applicable time period’’ 17

means any of— 18

(A) the period of the current fiscal year; 19

(B) the period of the budget year; 20

(C) the period of the current fiscal year, 21

the budget year, and the ensuing 4 fiscal years 22

following the budget year; or 23

73


(D) the period of the current fiscal year, 1

the budget year, and the ensuing 9 fiscal years 2

following the budget year. 3

(3) DIRECT SPENDING LEGISLATION.—For pur-4

poses of this subsection and except as provided in 5

paragraph (4), the term ‘‘direct spending legisla-6

tion’’ means any bill, joint resolution, amendment, 7

motion, or conference report that affects direct 8

spending as that term is defined by, and interpreted 9

for purposes of, the Balanced Budget and Emer-10

gency Deficit Control Act of 1985 (2 U.S.C. 900 et 11

seq.). 12

(4) EXCLUSION.—For purposes of this sub-13

section, the terms ‘‘direct spending legislation’’ and 14

‘‘revenue legislation’’ do not include— 15

(A) any concurrent resolution on the budg-16

et; or 17

(B) any provision of legislation that affects 18

the full funding of, and continuation of, the de-19

posit insurance guarantee commitment in effect 20

on November 5, 1990. 21

(5) BASELINE.—Estimates prepared pursuant 22

to this subsection shall— 23

74


(A) use the baseline surplus or deficit used 1

for the most recently adopted concurrent resolu-2

tion on the budget; and 3

(B) be calculated under the requirements 4

of subsections (b) through (d) of section 257 of 5

the Balanced Budget and Emergency Deficit 6

Control Act of 1985 (as in effect prior to Sep-7

tember 30, 2002) for fiscal years beyond those 8

covered by that concurrent resolution on the 9

budget. 10

(6) PRIOR SURPLUS.—If direct spending or rev-11

enue legislation increases the on-budget deficit or 12

causes an on-budget deficit when taken individually, 13

it must also increase the on-budget deficit or cause 14

an on-budget deficit when taken together with all di-15

rect spending and revenue legislation enacted since 16

the beginning of the calendar year not accounted for 17

in the baseline under paragraph (5)(A), except that 18

direct spending or revenue effects resulting in net 19

deficit reduction enacted in any bill pursuant to a 20

reconciliation instruction since the beginning of that 21

same calendar year shall never be made available on 22

the pay-as-you-go ledger and shall be dedicated only 23

for deficit reduction. 24

(b) SUPERMAJORITY WAIVER AND APPEALS.— 25

75


(1) WAIVER.—This section may be waived or 1

suspended in the Senate only by the affirmative vote 2

of three-fifths of the Members, duly chosen and 3

sworn. 4

(2) APPEALS.—Appeals in the Senate from the 5

decisions of the Chair relating to any provision of 6

this section shall be limited to 1 hour, to be equally 7

divided between, and controlled by, the appellant 8

and the manager of the bill or joint resolution, as 9

the case may be. An affirmative vote of three-fifths 10

of the Members of the Senate, duly chosen and 11

sworn, shall be required to sustain an appeal of the 12

ruling of the Chair on a point of order raised under 13

this section. 14

(c) DETERMINATION OF BUDGET LEVELS.—For pur-15

poses of this section, the levels of new budget authority, 16

outlays, and revenues for a fiscal year shall be determined 17

on the basis of estimates made by the Senate Committee 18

on the Budget. 19

(d) REPEAL.—In the Senate, section 201 of S. Con. 20

Res. 21 (110th Congress), the concurrent resolution on 21

the budget for fiscal year 2008, shall no longer apply. 22

76


SEC. 4107. HONEST ACCOUNTING: COST ESTIMATES FOR 1

MAJOR LEGISLATION TO INCORPORATE MAC-2

ROECONOMIC EFFECTS. 3

(a) CBO AND JCT ESTIMATES.—During the 115th 4

Congress, any estimate provided by the Congressional 5

Budget Office under section 402 of the Congressional 6

Budget Act of 1974 (2 U.S.C. 653) or by the Joint Com-7

mittee on Taxation to the Congressional Budget Office 8

under section 201(f) of such Act (2 U.S.C. 601(f)) for 9

major legislation considered in the Senate shall, to the 10

greatest extent practicable, incorporate the budgetary ef-11

fects of changes in economic output, employment, capital 12

stock, and other macroeconomic variables resulting from 13

such major legislation. 14

(b) CONTENTS.—Any estimate referred to in sub-15

section (a) shall, to the extent practicable, include— 16

(1) a qualitative assessment of the budgetary 17

effects (including macroeconomic variables described 18

in subsection (a)) of the major legislation in the 20- 19

fiscal year period beginning after the last fiscal year 20

of the most recently agreed to concurrent resolution 21

on the budget that sets forth budgetary levels re-22

quired under section 301 of the Congressional Budg-23

et Act of 1974 (2 U.S.C. 632); and 24

(2) an identification of the critical assumptions 25

and the source of data underlying that estimate. 26

77


(c) DEFINITIONS.—In this section: 1

(1) MAJOR LEGISLATION.—The term ‘‘major 2

legislation’’ means a bill, joint resolution, conference 3

report, amendment, amendment between the Houses, 4

or treaty considered in the Senate— 5

(A) for which an estimate is required to be 6

prepared pursuant to section 402 of the Con-7

gressional Budget Act of 1974 (2 U.S.C. 653) 8

and that causes a gross budgetary effect (before 9

incorporating macroeconomic effects and not in-10

cluding timing shifts) in a fiscal year in the pe-11

riod of years of the most recently agreed to con-12

current resolution on the budget equal to or 13

greater than— 14

(i) 0.25 percent of the current pro-15

jected gross domestic product of the 16

United States for that fiscal year; or 17

(ii) for a treaty, equal to or greater 18

than $15,000,000,000 for that fiscal year; 19

or 20

(B) designated as such by— 21

(i) the Chairman of the Committee on 22

the Budget of the Senate for all direct 23

spending and revenue legislation; or 24

78


(ii) the Senator who is Chairman or 1

Vice Chairman of the Joint Committee on 2

Taxation for revenue legislation. 3

(2) BUDGETARY EFFECTS.—The term ‘‘budg-4

etary effects’’ means changes in revenues, direct 5

spending outlays, and deficits. 6

(3) TIMING SHIFTS.—The term ‘‘timing shifts’’ 7

means— 8

(A) provisions that cause a delay of the 9

date on which outlays flowing from direct 10

spending would otherwise occur from one fiscal 11

year to the next fiscal year; or 12

(B) provisions that cause an acceleration 13

of the date on which revenues would otherwise 14

occur from one fiscal year to the prior fiscal 15

year. 16

SEC. 4108. ADJUSTMENT AUTHORITY FOR AMENDMENTS TO 17

STATUTORY CAPS. 18

If a measure becomes law that amends the discre-19

tionary spending limits established under section 251(c) 20

of the Balanced Budget and Emergency Deficit Control 21

Act of 1985 (2 U.S.C. 901(c)), such as a measure increas-22

ing the limit for the revised security category for fiscal 23

year 2018 to be $640,000,000,000, the Chairman of the 24

Committee on the Budget of the Senate may adjust the 25

79


allocation called for under section 302(a) of the Congres-1

sional Budget Act of 1974 (2 U.S.C. 633(a)) to the appro-2

priate committee or committees of the Senate, and may 3

adjust all other budgetary aggregates, allocations, levels, 4

and limits contained in this resolution, as necessary, con-5

sistent with such measure. 6

SEC. 4109. ADJUSTMENT FOR WILDFIRE SUPPRESSION 7

FUNDING IN THE SENATE. 8

If a measure becomes law that amends the adjust-9

ments to discretionary spending limits established under 10

section 251(b) of the Balanced Budget and Emergency 11

Deficit Control Act of 1985 (2 U.S.C. 901(b)) to provide 12

for wildfire suppression funding, which may include cri-13

teria for making such an adjustment, the Chairman of the 14

Committee on the Budget of the Senate may adjust the 15

allocation called for in section 302(a) of the Congressional 16

Budget Act of 1974 (2 U.S.C. 633(a)) to the appropriate 17

committee or committees of the Senate, and may adjust 18

all other budgetary aggregates, allocations, levels, and lim-19

its contained in this concurrent resolution, as necessary, 20

consistent with such measure. 21

SEC. 4110. ADJUSTMENT FOR IMPROVED OVERSIGHT OF 22

SPENDING. 23

(a) ADJUSTMENTS OF DIRECT SPENDING LEVELS.— 24

If a measure becomes law that decreases direct spending 25

80


(budget authority and outlays flowing therefrom) for any 1

fiscal year and provides for an authorization of appropria-2

tions for the same purpose, the Chairman of the Com-3

mittee on the Budget of the Senate may decrease the allo-4

cation to the committee of the Senate with jurisdiction of 5

the direct spending by an amount equal to the amount 6

of the decrease in direct spending. 7

(b) DETERMINATIONS.—For purposes of this section, 8

the levels of budget authority and outlays shall be deter-9

mined on the basis of estimates submitted by the Chair-10

man of the Committee on the Budget of the Senate. 11

SEC. 4111. REPEAL OF CERTAIN LIMITATIONS. 12

Sections 3205 and 3206 of S. Con. Res. 11 (114th 13

Congress), the concurrent resolution on the budget for fis-14

cal year 2016, are repealed. 15

SEC. 4112. EMERGENCY LEGISLATION. 16

(a) AUTHORITY TO DESIGNATE.—In the Senate, with 17

respect to a provision of direct spending or receipts legisla-18

tion or appropriations for discretionary accounts that Con-19

gress designates as an emergency requirement in such 20

measure, the amounts of new budget authority, outlays, 21

and receipts in all fiscal years resulting from that provi-22

sion shall be treated as an emergency requirement for the 23

purpose of this section. 24

81


(b) EXEMPTION OF EMERGENCY PROVISIONS.—Any 1

new budget authority, outlays, and receipts resulting from 2

any provision designated as an emergency requirement, 3

pursuant to this section, in any bill, joint resolution, 4

amendment, amendment between the Houses, or con-5

ference report shall not count for purposes of sections 302 6

and 311 of the Congressional Budget Act of 1974 (2 7

U.S.C. 633 and 642), section 4106 of this resolution, sec-8

tion 3101 of S. Con. Res. 11 (114th Congress), the con-9

current resolution on the budget for fiscal year 2016, and 10

sections 401 and 404 of S. Con. Res. 13 (111th Congress), 11

the concurrent resolution on the budget for fiscal year 12

2010. Designated emergency provisions shall not count for 13

the purpose of revising allocations, aggregates, or other 14

levels pursuant to procedures established under section 15

301(b)(7) of the Congressional Budget Act of 1974 (2 16

U.S.C. 632(b)(7)) for deficit-neutral reserve funds and re-17

vising discretionary spending limits set pursuant to section 18

301 of S. Con. Res. 13 (111th Congress), the concurrent 19

resolution on the budget for fiscal year 2010. 20

(c) DESIGNATIONS.—If a provision of legislation is 21

designated as an emergency requirement under this sec-22

tion, the committee report and any statement of managers 23

accompanying that legislation shall include an explanation 24

82


of the manner in which the provision meets the criteria 1

in subsection (f). 2

(d) DEFINITIONS.—In this section, the terms ‘‘direct 3

spending’’, ‘‘receipts’’, and ‘‘appropriations for discre-4

tionary accounts’’ mean any provision of a bill, joint reso-5

lution, amendment, motion, amendment between the 6

Houses, or conference report that affects direct spending, 7

receipts, or appropriations as those terms have been de-8

fined and interpreted for purposes of the Balanced Budget 9

and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 10

et seq.). 11

(e) POINT OF ORDER.— 12

(1) IN GENERAL.—When the Senate is consid-13

ering a bill, resolution, amendment, motion, amend-14

ment between the Houses, or conference report, if a 15

point of order is made by a Senator against an 16

emergency designation in that measure, that provi-17

sion making such a designation shall be stricken 18

from the measure and may not be offered as an 19

amendment from the floor. 20

(2) SUPERMAJORITY WAIVER AND APPEALS.— 21

(A) WAIVER.—Paragraph (1) may be 22

waived or suspended in the Senate only by an 23

affirmative vote of three-fifths of the Members, 24

duly chosen and sworn. 25

83


(B) APPEALS.—Appeals in the Senate 1

from the decisions of the Chair relating to any 2

provision of this subsection shall be limited to 3

1 hour, to be equally divided between, and con-4

trolled by, the appellant and the manager of the 5

bill or joint resolution, as the case may be. An 6

affirmative vote of three-fifths of the Members 7

of the Senate, duly chosen and sworn, shall be 8

required to sustain an appeal of the ruling of 9

the Chair on a point of order raised under this 10

subsection. 11

(3) DEFINITION OF AN EMERGENCY DESIGNA-12

TION.—For purposes of paragraph (1), a provision 13

shall be considered an emergency designation if it 14

designates any item as an emergency requirement 15

pursuant to this subsection. 16

(4) FORM OF THE POINT OF ORDER.—A point 17

of order under paragraph (1) may be raised by a 18

Senator as provided in section 313(e) of the Con-19

gressional Budget Act of 1974 (2 U.S.C. 644(e)). 20

(5) CONFERENCE REPORTS.—When the Senate 21

is considering a conference report on, or an amend-22

ment between the Houses in relation to, a bill, upon 23

a point of order being made by any Senator pursu-24

ant to this section, and such point of order being 25

84


sustained, such material contained in such con-1

ference report shall be stricken, and the Senate shall 2

proceed to consider the question of whether the Sen-3

ate shall recede from its amendment and concur 4

with a further amendment, or concur in the House 5

amendment with a further amendment, as the case 6

may be, which further amendment shall consist of 7

only that portion of the conference report or House 8

amendment, as the case may be, not so stricken. 9

Any such motion in the Senate shall be debatable. 10

In any case in which such point of order is sustained 11

against a conference report (or Senate amendment 12

derived from such conference report by operation of 13

this subsection), no further amendment shall be in 14

order. 15

(f) CRITERIA.— 16

(1) IN GENERAL.—For purposes of this section, 17

any provision is an emergency requirement if the sit-18

uation addressed by such provision is— 19

(A) necessary, essential, or vital (not mere-20

ly useful or beneficial); 21

(B) sudden, quickly coming into being, and 22

not building up over time; 23

(C) an urgent, pressing, and compelling 24

need requiring immediate action; 25

85


(D) subject to paragraph (2), unforeseen, 1

unpredictable, and unanticipated; and 2

(E) not permanent, temporary in nature. 3

(2) UNFORESEEN.—An emergency that is part 4

of an aggregate level of anticipated emergencies, 5

particularly when normally estimated in advance, is 6

not unforeseen. 7

(g) INAPPLICABILITY.—In the Senate, section 403 of 8

S. Con. Res. 13 (111th Congress), the concurrent resolu-9

tion on the budget for fiscal year 2010, shall no longer 10

apply. 11

SEC. 4113. ENFORCEMENT FILING IN THE SENATE. 12

If this concurrent resolution on the budget is agreed 13

to by the Senate and House of Representatives without 14

the appointment of a committee of conference on the dis-15

agreeing votes of the two Houses, the Chairman of the 16

Committee on the Budget of the Senate may submit a 17

statement for publication in the Congressional Record con-18

taining— 19

(1) for the Committee on Appropriations, com-20

mittee allocations for fiscal year 2018 consistent 21

with the levels in title I for the purpose of enforcing 22

section 302 of the Congressional Budget Act of 23

1974 (2 U.S.C. 633); 24

86


(2) for all committees other than the Com-1

mittee on Appropriations, committee allocations for 2

fiscal years 2018, 2018 through 2022, and 2018 3

through 2027 consistent with the levels in title I for 4

the purpose of enforcing section 302 of the Congres-5

sional Budget Act of 1974 (2 U.S.C. 633); and 6

(3) a list of programs, projects, activities, or ac-7

counts identified for advanced appropriations that 8

would have been identified in the joint explanatory 9

statement of managers accompanying this concur-10

rent resolution. 11

Subtitle B—Other Provisions 12

SEC. 4201. OVERSIGHT OF GOVERNMENT PERFORMANCE. 13

In the Senate, all committees are directed to review 14

programs and tax expenditures within their jurisdiction to 15

identify waste, fraud, abuse or duplication, and increase 16

the use of performance data to inform committee work. 17

Committees are also directed to review the matters for 18

congressional consideration identified in the Office of In-19

spector General semiannual reports and the Office of In-20

spector General’s list of unimplemented recommendations 21

and on the Government Accountability Office’s High Risk 22

list and the annual report to reduce program duplication. 23

Based on these oversight efforts and performance reviews 24

of programs within their jurisdiction, committees are di-25

87


rected to include recommendations for improved govern-1

mental performance in their annual views and estimates 2

reports required under section 301(d) of the Congressional 3

Budget Act of 1974 (2 U.S.C. 632(d)) to the Committees 4

on the Budget. 5

SEC. 4202. BUDGETARY TREATMENT OF CERTAIN DISCRE-6

TIONARY ADMINISTRATIVE EXPENSES. 7

In the Senate, notwithstanding section 302(a)(1) of 8

the Congressional Budget Act of 1974 (2 U.S.C. 9

633(a)(1)), section 13301 of the Budget Enforcement Act 10

of 1990 (2 U.S.C. 632 note), and section 2009a of title 11

39, United States Code, the joint explanatory statement 12

accompanying the conference report on any concurrent 13

resolution on the budget shall include in its allocations 14

under section 302(a) of the Congressional Budget Act of 15

1974 to the Committees on Appropriations amounts for 16

the discretionary administrative expenses of the Social Se-17

curity Administration and of the Postal Service. 18

SEC. 4203. APPLICATION AND EFFECT OF CHANGES IN AL-19

LOCATIONS AND AGGREGATES. 20

(a) APPLICATION.—Any adjustments of allocations 21

and aggregates made pursuant to this resolution shall— 22

(1) apply while that measure is under consider-23

ation; 24

88


(2) take effect upon the enactment of that 1

measure; and 2

(3) be published in the Congressional Record as 3

soon as practicable. 4

(b) EFFECT OF CHANGED ALLOCATIONS AND AG-5

GREGATES.—Revised allocations and aggregates resulting 6

from these adjustments shall be considered for the pur-7

poses of the Congressional Budget Act of 1974 (2 U.S.C. 8

621 et seq.) as allocations and aggregates contained in 9

this resolution. 10

(c) BUDGET COMMITTEE DETERMINATIONS.—For 11

purposes of this resolution the levels of new budget au-12

thority, outlays, direct spending, new entitlement author-13

ity, revenues, deficits, and surpluses for a fiscal year or 14

period of fiscal years shall be determined on the basis of 15

estimates made by the Committee on the Budget of the 16

Senate. 17

SEC. 4204. ADJUSTMENTS TO REFLECT CHANGES IN CON-18

CEPTS AND DEFINITIONS. 19

Upon the enactment of a bill or joint resolution pro-20

viding for a change in concepts or definitions, the Chair-21

man of the Committee on the Budget of the Senate may 22

make adjustments to the levels and allocations in this res-23

olution in accordance with section 251(b) of the Balanced 24

89


Budget and Emergency Deficit Control Act of 1985 (2 1

U.S.C. 901(b)). 2

SEC. 4205. ADJUSTMENTS TO REFLECT LEGISLATION NOT 3

INCLUDED IN THE BASELINE. 4


the Senate may make adjustments to the levels and alloca-6

tions in this resolution to reflect legislation enacted before 7

the date on which this resolution is agreed to by Congress 8

that is not incorporated in the baseline underlying the 9

Congressional Budget Office’s June 2017 update to the 10

Budget and Economic Outlook: 2017 to 2027. 11

SEC. 4206. EXERCISE OF RULEMAKING POWERS. 12

Congress adopts the provisions of this title— 13

(1) as an exercise of the rulemaking power of 14

the Senate, and as such they shall be considered as 15

part of the rules of the Senate and such rules shall 16

supersede other rules only to the extent that they 17

are inconsistent with such other rules; and 18

(2) with full recognition of the constitutional 19

right of the Senate to change those rules at any 20

time, in the same manner, and to the same extent 21

as is the case of any other rule of the Senate. 22

Date post:	13-Jun-2018
Category:	Documents
Upload:	phamtu
View:	213 times
Download:	0 times

Calendar No. TH ST CONGRESS SESSION S. CON. … TEXT OF...12 Fiscal year 2018: $lllllll,000,000. 13...

Documents