# Appendix — United States Senate v. Synar

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1986
- **Citation:** 475 U.S. 1009

## Text

EDITOR'S NOTE

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7 a Supreme Court, U.S.
FILED

FFB 18 1986

— = —— JOSEPH Ff. SPANIOL, JR.
— CLERK
Y IAS —
SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1985

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APPENDICES JURISDIC NAL STATEMENT

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AL eEULIISC YS i Lait wei A i
AAW A hte 8 ~ + Del De kd
~ eh " . ~ . “TITLE I1I—CONGRESSIONAL BUDGET
>. PROCESS

“TIMETABLE

“Sec. 300. The timetable with respect to the congressional budget
process for any fiscal year is as follows:

“On or before Acticn to be completed:

First Monday after January 3 —._. Congressional’ Budget Ctfice

. - Budget
report to

February 2 Committees submit views and estimates
to Committess.

April 1 A... . So
current resolution on the budget.

April 15. Congress completes action on concur-

May 15 Anoual eepuapagion sion ‘bills be
Dp may be con-
sidered in the House.

June 10 House Appropriations Committee re

June 15 Congress completes action on reconcalie
tion legislation.

Jans 30 House completes action on anaual ap-

October 1 Pumel sear bogie.

“ANNUAL ADOPTION OF CONCURRENT RESOLUTION ON THE BUDGET

“Sec. 301. 2 Coane = Sunn Rees oF Te
Buvcet.—On or before April 15 of each year, 2 oe oe
complete action on a concurrent resolution on the budget for the
fiscal year on October 1 of such year. The concurrent
resolution set forth em age levels for the fiscal year
Se ans on Seaar 2 ens levels for each of

seese, ethet

wet) totals of new budget authority, butiget outlays, direct loan
obligations, and primary loan guarantee commitments;

“(2) total Federal revenues and the amount, if any, by which
the aggregate level of Federal revenues should be increased or
decreased by bills and resolutions to be reported by the appro-
priate committees;

'
ece+es® aeoeee =

HJ. Res. 372—5

“(3) the surplus or deficit in the

“(4) new budget authority, budget outlays, direct loan obliga-
tions, and primary loan guarantee commitments for each major
functional category, based on allocations of the total levels set
forth pursuant to paragraph (1); and

“(5) the public debt.

“(b) ApprrionaL Martrers mo Concurrgent Reso_urion.—The
concurrent resolution on the budget may—

“(1) set forth, if required by subsection (f), the calendar year
in which, in the opinion of the Congress, the goals for reducing
oo oat tL. forth in section 4b) of the Employment Act

194 achieved;

“(2) include reconciliation directives described in section 310;

“(3) require a procedure under which all or certain bills or
resolutions providing new budget authority or new entitlement
authority for such fiscal year shall not be enrolled until the
Congress has completed action on any reconciliation bill or
reconciliation resolution or both required by such concurrent
’. resolution to be reported in accordance with section 310(b); and
>. “(4) set forth such other matters, and require such other
>. procedures, relating to the > as may be appropriate to

carry out the purposes of this

“(c) CONSIDERATION OF ProcepuRgs on Matrers Waicn Have rar
Errect or CHANGING ANY Rutz or tHe House or Representa-
trves.—lIf the Committee on the a of the House of Represent-
atives reports any concurrent resolution on the b t which
includes any procedure cr matter which has the effect changing
any rule of the House of Representatives, such concurrent resolution
shall then be referred to the Committee on Rules with instructions
to report it within five calendar days (not counting any day on
which the House is not in session). The Committee on Rules shal!
have jurisdiction to report any concurrent resolution referred to it
under this paragraph with an amendment or amendments changing
or striking out any such procedure or matter.

“(d) Views anv Estimates or Orner Comaarrrezs.—On or before
February 25 of each year, each committee of the House of Rep-
resentatives + | legislative jurisdiction shal] submit to the
Committee on the Budget of the House and each committee of the
Senate having legislative jurisdiction shal! submit to the Committee
on the Budget of the Senate its views and estimates (as determined
by the committee making such submission) with respect to all
matters set forth in subsections (a) and (b) which relate to matters
within the jurisdiction or functions of such committee. The Joint
Economic Committee shall submit to the Committees on the Budget
of both Houses its recommendations as to the fiscal ay y oa
priate to the goals of the Employment Act of 1946. Any
committee of the House of Representatives or the Senate may
submit to the Committee on the Budget of its House, and any joint
committee of the Congress may submit to the Committees on the
Budget of both Houses, its views and estimates with respect to all
matters set forth in subsections (a) and (b) which relate to matters
within its jurisdiction or functions.

“(e) HEARINGS AND Report.—In developing the concurrent resolu-
tion on the budget referred to in subsection (a) for each fiscal year,
the Committee on the Budget of each House shall! hold hearings and
shall receive testimony from Members of Congress and such

priate representatives of Federal departments and agencies, the

-—_—-— - —— ee - ~

EL J. Res. 372—6

neral public, and national organizations as the committee deems

esirable. Each of the recommendations as to short-term and
medium-term goals set forth in the report submitted by the mem-
hers of the Joint Economic Committee under subsection (d) may be
Considered by the Committee on the Budget of each House as part of
its consideration of such concurrent resolution, and its rt may
teflect its views thereon, including its views on how the estimates of
revenues and levels of budget authority and outlays set forth in such
concurrent resolution are designed to achieve any goals it is rec-
pen The report accompanying such concurrent resolution
shal] include, but not be limited to—

“(1) a comparison of revenues estimated the committee
with those estimated in the budget submitted by the President;

“(2) a comparison of the appropriate levels of total budget
outlays and total new budget authority, total direct loan obliga-
tions, total primary loan guarantee commitments, as set forth
in such concurrent resolution, with those estimated or re
quested in the budget submitted by the President;

“(3) with respect to each major functional category, an esti-
— of 4-7 poet, an lg Pg of new budget
authority for pro rograms and for ing pro-
gome (including + ~ thereof, = the estimate _—

or existing programs being divi tween permanent a

ity and funds provided in appropriation Acts, and with each
such division being subdivided between controllable amounts
and all other amounts;

“(4) an allocation of the level of Federal revenues rec
ommended in the concurrent resolution among the major
sources of such revenues;

“(5) the economic assumptions and objectives which underlie
each of the matters set forth in such concurrent resolution and
any alternative economic assumptions and objectives which the
committee considered;

“(6) Te gone (not limited to the foll ), for the period of
five fi years beginning with such fi year, of the esti-
mated levels of total budget outlays and total new budget
authority, the estimated revenues to be received, and the esti-
mated —s or deficit, if any. for each fiscal year in such
period, and the estimated levels of tax expenditures (the tax
expenditures budget) by major functional categories;

‘(7) a statement of any significant changes in the proposed
levels of Federal assistance to State and local governments;

“(8) information, data, and comparisons indicating the
manner in which, and the basis on which, the committee deter-
mained each of the matters set forth in the concurrent resolu-

Q,

“(9) allocations described in section 302(a).

“(f) ACHIEVEMENT oF Goats ror RepucING UNEMPLOYMENT.—

“(1) If, pursuant to section 4(c) of the Employment Act of 1946,
the President recommends in the Economic Report that the
goals for reducing unemployment set forth in section 4(b) of
such Act be achieved in a year after the close of the five-year
period prescribed by such subsection, the concurrent resolution
on the budget for the fiscal year beginning after the date on
seep teak Ghee es Gages

year in w inion
goals can be achieved. 7

oy #

60a

H.J. Res. 372—7

“(2) After the Congress has expressed its opinion t to
paragraph (1) as to the year in which the goals for reducing
unemployment set forth in section 4b) of the Empl mt Act
of 1946 can be achieved, if, pursuant to section 4e) of such Act,
the President recommends in the Economic Report that such
goals be achieved in a year which is different from the in
which the Congress-has expressed its opinion that goals
should be achieved, either in its action pursuant to h
(1) or in its most recent action sussnant to hie esata. the
concurrent resolution on the budget for the fiscal year begin-

i wy hh pede YY mn Fat De

e Congress may set fo year in which, opinion
dee ee

“(3) It shall be in order to amend the provision of such
resolution setting forth such year only if the amendment
_ thereto also proposes to alter the estimates, amounts, and levels

(as descri in subsection (a)) set forth in such resolution in
— germane fashion in order to be consistent with the economic

* goals (as described in sections 3aX2) and 4(b) of the yr

ct of 1946) which such amendment proposes can be i
by the year _— in such amendment.

“(g) ComMON NOMIC ASSUMPTIONS.—The joint explanatory
statement accompanying a conference report on a concurrent reso-
lution on the budget shall set forth the common economic assump-
tions upon which such joint statement and conference — are
based, or upon which any amendment contained in joint
explanatory statement to be proposed by the conferees in the case of
technical disagreement is based.

“(h) Bupcet Comourrrezs Consuttation Wrra Cosmorrrezs.—The
Committee on the Budget of the House of Representatives shall
consult with the committees of its House havi a jurisdic-
tion during the preparation, consideration, and enforcement of the
concurrent resolution on the budget with respect to all matters
which relate to the jurisdiction or functions of such committees.

“Gi) Maximum Dericrr Amount May Nort Be Exczzpeo.—

“(1XA) Except as provided in paragraph (2), it shall not be in
order in either the House of Representatives or the Senate to
consider any concurrent resolution on the for a fiscal
year under this section, or to consider any t to such a
concurrent resolution, or to consider a conference report on
such a concurrent resolution, if the level of total budget outlays
for such fiscal year that is set forth in such concurrent resol
tion or conference report exceeds the recommended level of
Federal revenues set forth for that year by an amount that is
greater than the maximum deficit amount for such fiscal year
as determined under section X7), or if the adoption of such
amendment would result in a level of total budget ns

ments, in a Senate amendment, the stage of disagreemen
having been reached, may be waived only by a vote of three

H. J. Res. 372—8

fifths cf the Members present and voting, a quorum being
present.

“(2) Paragraph (1) of this subsection shall not apply if a
declaration of war by the Congress is in effect.

“COMMITTEE ALLOCATIONS

- “Sec. 302. (a) ALLocaTION or Torais.—
po “(1) For the House of Representatives, the joint explanatory
statement accompanying a conference report on a concurrent
resolution on the budget shall include an estimated allocation,
upon such concurrent resolution as recommended in such
conference report, of the a Propriate leveis of total budget
outlays, total new budget authority, total entitlement authority,
end total credit authority among each committee of the House
of Representatives which has jurisdiction over laws, bills and
resolutions providing such new budget authority, such entitle
ment authority, or such credit authority. The allocation shall,
for each committee, divide new budget authority, entitlement
authority, and credit authority between amounts provided or
required by law on the date of such conference report (manda-
tory or uncontrol:able amounts), and amounts not so provided
or required (discretionary or controllable amounts), and shall
make the same division for estimated outlays that would result
from such new budget authority.
“(2) For the Senate, the joint explanatory statement accom-
penying a conference report on a concurrent resolution on the
udget shall include an estimated allocation, based upon such
concurrent resolution as recommended in suck conference
report, of the appropriate levels of total budget outlays, total
new budget authority and new credit authority am each
committee of the House of Representatives and the te
which has jurisdiction over bills and resolutions providing such
new budget authority.
“(b) Reports sy Commrrrzes.—As soon as practicable after a
concurrent resolution on the budget is agreed to—

“()) the Committee on Appropriations of each House shall,
after consulting with the Committee on Appropriations of the
other House, (A) subdivide among its subcommittees the alloca-
tion of budget outlays, new budget authority, and new credit
authority allocated to it in the joint explanatory statement
accompanying the conference report on such concurrent resolu-
tion, and (B) further subdivide the amount with respect to each
such subcommittee between controllable amounts and all other
amounts; and

“(2) every other committee of the House and Senate to which
an allocation was made in such joint explanatory statement
shall, after consulting with the committee or committees of the
other House to which all or part of its allocation was made, (A)
subdivide such allocation among its subcommittees or among
programs over which it has jurisdiction, and (B) further sub-
divide the amount with respect to each suicommittee or pro-

Re = between —— —— and +7 — —
such committee prom report to its House the subdi
sions made by it pursuant to this eubeection,

yr 4

H. J. Res. 372—9

' (c) Ponrr or Orprr.—It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution, or
amendment thereto, providing—

“(1) new budget authority for a fiscal year;

“(2) new spending authority as described in section 401(cX2)

~ forafiscal year;or -

- “(3) new credit authority for e fiscal year;
within the jurisdiction of any committee which has received an
appropriate allocation of such authority pursuant to subsection (a)
for such fiscal year, unless and until such commitiee makes the
allocation or subdivisions required by subsection (b), in connection
with the most recently agreed to concurrent resoluticn on the
budget for such fiscal .

“(d) Sussequent ConcuRRENT ResotuTions.—In the case of a
concurrent resolution on the budget referred to in section 304, the
allocations under subsection (a) and the subdivisions under subsec-
tign (b) shal! be required only to the extent necessary to take into
account revisions made in the most recently agreed to concurrent
resolution on the budget.

“(e) ALTERATION OF ALLOCATIONS.—At any time after a committee
reports the allocations required to be made under subsection (b),
such committee may report to its House an alteration of such
allocations. Any alteration of such allocations must be consistent
with any actions already taken by its House on legislation within
the committee's jurisdiction.

“(f) LecisLation Sussect To Port or Orprr.—

“(1) IN THE HOUSE OF REPRESENTATIVES.—After the
has completed action on a concurrent resolution on the budget
for a fiscal year, it shall not be in order in the House of
Representatives to consider any bill, resolution, or amendment
providing new — authority for such fiscal year, new entitle-
ment authority effective during such fiscal year, or new credit
authority for such fiscal year, or any conference report on any
such bill or resolution, if—

“(A) the enactment of such bill or resolution as reported;
“(B) the adoption and enactment of such amendment; or
“(C) the enactment of such bill or resolution in the form
recommended in such conference report,
would cause the appropriate allocation made pursuant to
subsection (a) for such fiscal year of new Gomeieneey Sates
authority, new entitlement authority, or new credit au ity to
be exceeded.

“(2) IN THE SENATE.—At any time after the Congress has
completed action on the concurrent resolution on the budget
required to be reported under section 301(a) for a fiscal year, it
shall not be in order in the Senate to consider any bill or
resolution (including a conference report thereon), or any
amendment to a bill or resolution, that provides for
outlays or new budget authority in excess of the appropriate
allocation of such outlays or authority reported under subsec-
tion (b) in connection with the most recently agreed to concur-
rent resolution on the budget for such fiscal year.

“(g) DererminaTiIONs BY Bupcet Com™rrrezs.--For purposes of
this section, the levels of new budget authority, spending authority
as described in section 401(cX2), outlays, and new credit authority
for a fiscal year shall be determined on the basis of estimates made

63a

6 6s

rod ”

HL J. Res. 372—10

by the Committee on the Budget of the House of Representatives or
e Senate, as the case may be.

“CONCURRENT RESOLUTION ON THZ BUTOGET MUST BE ADOPTED BEFORE
LEGISLATION PROVIDING NEW BUDGET AUTHORITY, NEW SPENDING
AUTHORITY, NEW CREDIT AUTHORITY, OR CHANGES IN REVENUES OR
THE PUBLIC DEBT LIMIT IS CONSIDERED

“Sec. 303. (a) In Generat.—It shall not be in order in either the
House of Representatives or the Senate to consider any bill or
resolution (or amendment thereto) as reported to the or
Senate which i

provides—
““(1) new budget authority for a fiscal year;
“(2) an increase or decrease in revenues to become effective
during a fiscal year;
(3) an increase or decrease in the public debt limit to become
effective during a fiscal year;
“(4) new entitlement authority to become effective during a

year, or
““(5) new credit authority for a fiscal year,

until the concurrent rasolution on the budget for such fiscal year
has been agreed to pursuant to section 301.

— EXcEPTIONS.—Subsection (a) does not epply to any bill or
resolution—

“(1) gras ing new mae ey ay | which first becomes
available in a year following the fscal year to which thr

fiscal year beginning in such calendar year.
“(c) WarveR IN THE SenaTE.—

“(1) The committee of the Senate which reports any bill or
resolution (or amendment thereto) to which subsection (a) ap
lies may at or after the time it reports such b i

or
resolution (or amendment), and (B) stating the reasons why - .
to

report the resolution to the Senate within 10 days after the
resolution is referred to it (not counti any day on which the
Senate is not in session) inning with the day following the
day on which it is so refe accompanied by that committee's
recommendations and reasons for such i with
respect to the resolution. If the committee does not report the
resolution within such 10-day period, it shall automatically be
discharged from further consideration of the resolution the
resolution shall be placed on the calendar.

“(2) During the consideration of any such resolution, debate
shall be limited to one hour, to be equally divided between, and
controlled by, the majority leader and minority leader or their
designees, and the time on any debatable motion or appeal shall
be limited to twenty minutes, to be equally divided between, and

64a

HE. J. Rea. 372—11

controlled by, the mover and the manager of the resolution. In
the event the er of the resolution is in favor of any such
motion or appeal, time in Sy thereto shall be con-
trolled by the minority leader or his designee. Such leaders, or
either of them, may, from the time under their contro! on the
passage of such resolution, allot additional time to any Senator
. “(C) new entitlement authority which is to become effec-
». tive during such fiscal year; and
“(D) it authority for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction
of a committee, is to be changed and direct that committee to
determine and recommend changes to accomplish « change of
such total amount;
changed end Geets teat tee exmatinon kantas tiation vo
and direct that the committees having jurisdicti
determine and recommend changes in the revenue laws, bills,
and resolutions to accomplish a of such total amount;
“(3) specify the amounts by which the statutory limit on the
public debt is to be changed and direct the committee having
jurisdiction to recommend such change; or
“(4) specify and direct any combination of the matters de
scribed in phs (1), (2), and (3).

“(b) Lecistatrve Procepurs.—lIf a concurrent resolution contain-
—K—. BE, FF, h - A -
recommen in laws, bills, or utions
accordance with subsection (a), and—

“(1) only one committee of the House or the Senate is directed
to determine and recommend that committee shall
promptly make such determination and recommendations and
report to its House reconciliation legislation containing such
recommendations; or

“(2) more than one committee of the House or the Senate is
directed to determine and recommend changes, each such

For purposes of this subsection, a reconciliation resolution is a
concurrent resolution directing the Clerk of the House of Represent-
atives or the Secretary of the Senate, as the case may be, to make
specified changes in bills and resolutions which have not been

——-—=— | — ae

e HL J. Res. 372—18

“(c) ComPLIANCe Wrrn ReconcriaTION Dmections.—Any commit-
tee of the House of Representatives or the Senate that is directed,
pursuant to a concurrent resolution on the budget, to determine and
recommend changes of the type described in paragraphs (1) and (2)
of subsection (a) with respect to laws within its jurisdiction, shall be

os are complied with such di
7 “(A) the amount of the changes of the type described in

paragraph (1) of such subsection recommended by such
committee do not exceed or fal] below the amount of the
such committee was directed by such concurrent
resolution to recommend under such paragraph more
than 20 percent of the total of the amounts of the
such committee was directed to make under paragraphs (1)
and (2) of such subsection, and
%. “(B) the amount of the changes of the type described in
paragraph (2) of such subsection recommended by such
committee do not exceed or fall below the amount of the
changes such committee was directed by such concurrent
resolution to recommend under that paragraph by more
than 20 percent of the total of the amounts of the
such committee was directed to make under paragraphs (1)
and (2) of such subsection; and
“(2) if the total amount of the recommended by such

Jd
Pe

“(1) It shall not be in order in the House of Representatives to
consider any amendment to a reconciliation bill or reconcili-

increasing any specific mr outlays above the level of such

bill or resolution (for the fiscal years
covered by the reconciliation instructions set forth in the most
recently agreed to concurrent resolution on the budget), or
would have the effect of reducing any ific Federal revenues
below the level of such revenues provided in the bill or resolu-
tion (for such fiscal years), unless such amendment makes at
least an equivalent reduction in other ific budget outlays,
an equivalent increase in other specific Federal revenues. or an
equivalent combination thereof (for such fiscal ycars), except
that a motion to strike a provision providing new budget author-
ity or new entitlement authority may be in order. :

“(2) It shall not be in order in the Senate to consider any
yo : ae eff Py 4
such amendment ve ect ing any
codectn wutiay Sebettione below the level of such cutla

onciliation ctions which relate to such bill or resolution
set forth in a resolution providing for reconciliation, or would
have the effect of reducing Federal revenue increases below the
level of such revenue increases provided (for such fiscal years)
in such instructions relating to such bill or unless
such amendment makes a reduction in other specific budget
outlays, an increase in other specific Federal revenues, or a
combination thereof (for such fiscal years) at least equivalent to

72a

H.J. Res. 372—19

any increase in outlays or decrease in revenues provided by
such amendment, except that a motion to strike a provision
shal! always be in order.

“(3) P phs (1) and (2) shal! not apply if a declaration of
war by the Congress is in effect.

“(4) For purposes of this section, the levels of budget outlays
and Federal revenues for a fiscal year shall be determined on
the basis of estimates made by the Committee on the Budget of
the House of Representatives or of the Senate, as the case may

“(5) The Committee on Rules of the House of Representatives
may make in order amendments to achieve i by
reconciliation directives contained in a concurrent resolution on
the budget if a committee or committees of the House fail to
submit recommended changes to its Committee on the Budget
pursuant to its instruction.

ot Be rm "19 paragraph (2), th of

. 3 cept as provi , the provisions

>. section 305 for the consideration in the Senate of concurrent

*- resolutions on the budget and conference reports thereon shall
also apply to the consideration in the Senate of reconciliation

ills reported under subsection (b) and conference reports

reon.

“(2) Debate in the Senate on any reconciliation bill reported
under subsection (b), and all amendments thereto and debatable
motions and aqpeete in connection therewith, ahal! be limited to
not more than 20 hours.

“() ComPLetion or ReconcriaTion Process. —

“(1) IN GeneraL—Congress shal! complete action on any
reconciliation bill or reconciliation resolution reported under
subsection (b) not later than June 15 of each year.

“(2) Porvt or Onper mw THe House or REPRESENTATIVES.—It
shall not be in order in the House of Representatives to consider
any resolution providing for an adjournment period of more
than three calendar days during the month July until the
House of Representatives has completed action on the reconcili-
ation legislation for the fiscal year beginning on October 1 of
the calendar year to which the adjournment pot ey
if reconciliation legislation is required to y be by the
concurrent resolution on the budget for such year

“(g) LoarratTion on CHANGES TO THE SoclAL Securmrry Acr.—
Notwithstanding any other provision of law, it shall not be in order
in the Senate or the House of Representatives to consider any

rence report thereon, that contains rec-
ommendations with to the old-age, survivors, and disabili
program j under title II of the Social Security

“NEW BUDGET AUTHORITY, NEW SPENDING AUTHORITY, AND REVENUE

LEGISLATION MUST BE WITHIN APPROPRIATE LEVELS

“Sec. $11. (a) Lecrstanion Sussect to Poort or Oxper.—Except as
provided by subsection (b), after the Congress has completed action

73a

H. J. Res. 372—20

on a concurrent resolution on the budget for a fiscal year, it shall
not be in order in either the House of Representatives or the Senate
to consider any bill, resolution, or amendment providing new bu
-authority for such fiscal year, providing new entitlement authority
~ effective during such fiscal year, or reducing revenues for such fiscal
~year, or any conference report on any such bill or resolution, if—
. “(1) the enactment of such bill or resolution as reported;
“(2) the adoption and enactment of such amendment; or
“(3) the enactment of such bill or resolution in the form
recommended in such conference ;
would cause the appropriate level of total new budget authority or
total — outlays set forth in the most recently agreed to concur-
rent resolution on the budget for such fiscal year to be exceeded, or
. would cause revenues to be less than the appropriate level of total
revenues set forth in such concurrent resolution or, in the Senate,
would otherwise result in a deficit for such fiscal year that exceeds
‘the maximum deficit amount specified for such fiscal year in secticn
3(7) (except to the extent that paragraph (1) of section 301(i) on
section 304(b), as the case may be, does not apply by reason of
paragraph (2) of such subsection).

“(b) Excerrion In THE House or Representatives.—Subsection (a)
shall not epply in the House of Representatives to any bill, resolu-
tion, or amendment which provides new budget authority or new
entitlement authority effective during such year, or to any
conference report on any such bill or resolution, if—

“(1) the enactment of such bi'' or resolution as reported;
“(2) the adoption and enactment of such amendment: or
“(3) the enactment of such bill or resolution in the form
recommended in such conference report,
would not cause the appropriate allocation of new di
budget authority or new entitlement authority made pursuant to
section 302(a) for such fiscal year, for the committee within whose
jurisdiction such bill, resolution, or amendment falls, to be exceeded.

“(c) NATION OF Bupcet Levets.—For purposes of this
section, the levels of new budget authority, budget outlays, new
entitlement authority, and revenues for a fiscal year shall be deter-
mined on the basis of estimates made by the Committee on the
a of the House of Representatives or of the Senate, as the case
may ‘

Subpart II—Amendments to Title IV of the
Congressional Budget Act of 1974

SEC. 211. NEW SPENDING AUTHORITY.

Section 401 of the Congressional Budget Act of 1974 is amended to
read as follows:

“BILLS PROVIDING NEW SPENDING AUTHORITY

“Sec. 401. (a) Conrrots on Lecustation Provipmvc Srenpinc
AvuTuoriry.—It shall not be in order in either the House of
Representatives or the Senate to consider any bill, resolution, or
conference report, as reported to its House which } new
spending authority described in subsection (cX2) (A) or (B) (or any
amendment which provides such new une authority), unless
that bill, resolution, conference report, or also provides

74a

H. J. Res. 372-—21

that such new spending authority as described in subsection (cX2)
(A) or (B) is to be effective for any fiscal year only to such extent or
in such amounts as are provided in appropriation Acts.
“(b) LecisLaTion Provipinc ENTITLEMENT AUTHORITY.—
“(1) It shall not be in order in either the House of Representa-
tives or the Senate to consider any bill or resolution which
— new spending authority described in subsection (cX2XC)
or any amendment which provides such new spending author-
ity) which is to become effective before the first day of the fiscal
year which begins during the calendar year in which such bill
or resolution is re
“(2) If any committee of the House of Representatives or the
Senate reports any bill or resolution which provides new spend-
- authority described in subsection (cX2XC) which is to become
ective during a fiscal year and the amount of new budget
authority which will be required for such fiscal year if such bill
or resolution is enacted as so reported exceeds the meg
+. allocation of new budget authority reported under section )
in connection with the most 7 a to concurrent
resolution on the budget for sch year, such bill or
resolution shal] then be referred to the Committee on A
priations of that House with instructions to report it, with the
committee’s recommendations, within 15 calendar days (not
counting any day on which that House is not in session) begi
ning with the day following the day on which it is so refi If
the Committee on Appropriations of either House fails to report
a bill or resolution referred to it under this paragraph within
such 15day period, the committee shal] automa y be dis
charged from further consideration of such bill or resolution
and such bil or sesslution chell be plesed on the aggregriate
endar.

“(3) The Committee on Appropriations of each House shall
have jurisdiction to report any bill or resolution referred to it
under paragraph (2) with an amendment which limits the total
amount of new spending authority provided in such bill or
=

c

4a

DEFINTTIONS.—
“(1) For purposes of this section, the term ‘new spending
authority’ means spending authority not provided by iaw on the
effective date of this Act, including any increase in or addition
to spending authority provided by law on such date.

“(2) For ae oe of paragraph (1), the term ‘spending author-
ity’ means authority (whether temporary or permanent)—

. “(A) oo | into x 4 a Aas my the ay

tates is obligated to e outlays, the au i
which is not provided in advance by appropriation Act

“(B) to incur indebtedness (other than indebtedness in-
curred under chapter 31 of title 31 of the United States
Code) for the repayment of which the United States is
liable, the budget authority for which is not provided in
advance by appropriation Acts;

“(C) to make pa nts (including loans and grants), the
budget authority for which is not provided for in advance
by appropriation Acts, to any person or government if,

under the provisions of the law containing such

the United States is obligated to make such payments to

75a

HJ. Res. 372—22

pereone or governments who meet the requirements estab-
ished by such law;

“(D) to the colle:tion by the United 4 Seaton a
proprietary offsetting receipts, the budget authority for
which is not em in advance by appropriation Acts to
offset such foregone receipts; and

“(E) to make payments by the United States (including

S loans, grants, and payments from revolving funds) other

eo than those covered by subparagraph (A), (B), (©), or (D), the

~ budget authority for whi is not provided in advance by
appropriation Acts.

Such term does not include authority to insure or guarantee the
repayment of indebtedness incurred by another person or

t.
“(a) Exceptions. —

“(1) Subsections (a) and (b) shal! not apply to new j
— if the budget authority for ou which will result
from such new spending authority is deri

“(A) from a trust fund established by the Social Security
Act (as in effect on the date of the enactment of this Act); or
“(B) from any other trust fund, 90 percent or more of the
receipts of which consist or will consist of amounts (trans-
ferred from the general fund of the Treasury) equivalent to
amounts of taxes (related to the purposes for which such
outlays are or will be made) received in the Treasury under
ified provisions of the Internal Revenue Code of 1954.

“(2) Subsections (a) and (b) shall not apply to new spending
authority which is an amendment to or extension of the State
and Loca! Fiscal Assistance Act of 1972, or a continuation of the
program of fiscal assistance to State and local governments
provided by that Act, to the extent so provided in the bill or

resolution providing such authority.
—y hall not apply to new spending

“(3) Subsections (a) and (b)
authority to the extent that—

“(A) the outlays resulting therefrom are made by an
Organization which is (i) a mixed-ownership Government
corporation (as defined in section 201 of the Government
Corporation Control Act), or (ii) a wholly owned Govern-
ment corporation (as defined in section 101 of such Act)
which is specifically exempted by law from a with
any or all of the provisions of that Act, as of the date of
enactment of the Balanced Budget and Emergency Deficit
Control Act of 1985; or

“(B) the outlays resulting therefrom consist exclusively of
the proceeds uf gifts or bequests made to the United States
for a specific pu=pose.”.

SEC. 212. CREDIT AUTHORITY.
Section 402 of the Congressional Budget Act of 1974 is amended to
read as follows:

“LEGISLATION PROVIDING NEW CREDIT AUTHORITY

“Sec. 402. (a) Conrrois on LecisLarion Proviomc New Creprr
AuTHorrry.—It shall not be in order in either the House of Rep-

resentatives or the Senate to consider any bill, resolution, or con-
ference report, as reported to its House, or any amendment which

ed

oF :

——— eee eS

76a

HJ. Res. 312—23

provides new credit authority described in subsection (bX1), unless
that bill, resolution, conference report, or amendment also provides
that such new credit authority is to be effective for any fiscal year
enly to sack extent or in such smounts a0 are provided apprope's-
n Acts.
“(b) Dernernon.—For purposes of this Act, the term ‘new credit
authority’ means credit authority (as defined in section 10) of this
-Act) not provided by_law on the effective date of this section,
including any increase in or addition to credit authority provided by
~ law on such date.”.
SEC. 213. DESCRIPTION BY CONGRESSIONAL BUDGET OFFICE.

ti Comonmamontas, Buscet OFT sts amented ty etrikiog ost

ngressi udget amen iking ou

“and” at the end of paragraph (2), by striking — be - pa
inserting “; and” at the end of paragraph (3), and by inserting at the
end thereof the following new paragraph:

>. “(4) a description of each method for establishing a Federal
_ _ financial commitment contained in such bill or resolution.”.
> (>) Conrorminc AmENDMENT.—The second sentence of section
40%a) of such Act is amended by striking out “estimates and ,
comparison” and inserting in lieu thereof “estimates, comparison,
and description”.

SEC. 214. GENERAL ACCOUNTING OFFICE STUDY; OF F-BUDGET AGENCIES;

MEMBER USER GROUP.

Title IV of the Congressional Budget Act of 1974 is amended by
inserting at the end thereof the following new sections:

“sTUDY BY THE GENERAL ACCOUNTING OFFICE OF FORMS OF FEDERAL
FINANCIAL COMMITMENT THAT ARE NOT REVIEWED ANNUALLY BY
CONGRESS

“Sec. 405. The General Accounting Office shall study those provi-
sions of law which provide spending authority as described by
section 401(cX2) and which provide [nome appropriations, and
report to the Congress its recommendations for the appropriate form
of anny activities or programs financed by such provisions
not later eighteen months after the effective date of this
section. Such report shall be revised from time to time.

“OFF-BUDGET AGENCIES, PROGRAMS, AND ACTIVITIES

“Sec. 406. (a) Notwithstanding any other provision of law, —_ . (3) by striking out the item relating to section 606.

(b) TecHNICAL AMENDMENT.—Paragraph (4) of section 8 of the
pone + am Budget and Impoundment Control Act of 1974 is
amended—

(1) by adding “and” after the semicolon at the end of subpara-

graph (A);
ei by striking out subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).

(c) TECHNICAL ea oy slg) ne mar (2) of clause 4(b) of
rule X of the Rules of the House of Representatives is amended by
striking out “first concurrent resolution” and inserting in lieu
thereof “concurrent resolutions”.

(d) TecHNICAL AMENDMENT.—Clause 4(g) of rule X of the Rules of
the House of Representatives is amended by striking out “March
15” and inserting in lieu thereof “February 25”.

(e) TECHNICAL AMENDMENT.—Clause 2(1X1) of rule XI of the Rules
of the omy of pry a is _ (OY ia

y striking out “(except as provided in subdivision ‘

“Bln eotaiing element @ Queet

y repealing subparagrap é

() TecHnicaL AMENDMENT.—Clause 2(1X3XB) of rule XI of the
Rules of the House of Representatives is amended by inserting “(1)”
after “section 308(a)”, and by striking out “new budget authority or
new or increased tax expenditures” and inserting in lieu thereof
“new budget authority (other than continuing appropriations), new
spending authority described in section 401(cX2) of such Act, new
OS Se 7 @ Gan & Game & saa e oe
expenditures”.

) TecHNICcAL AMENDMENT.—Rule XLIX of the Rules of the House
of Representatives is amended by striking out “, 304, or 310” in
clause 1 and inserting in lieu thereof “or 304”.

th) TecunicaL AMENDMENT.—Clause 1(eX2) of Rule X of the Rules
of the House of tatives is amended by inserting before the
period - — en oe following: a and ~{ resoluticn

ursuant. to section Balanced Budget Emergency

icit Control Act of 1985.

80a

EJ. Res. 372—27

PART B—BUDGET SUBMITTED BY THE
PRESIDENT

SEC. %41. SUBMISSION OF PRESIDENTS BUDGET; MAXIMUM DEFICIT
AMOUNT MAY NOT BE EXCEEDED.

-(a) Susmission or Pukstpent’s Bupcrt.—The first sentence of
section 1105(a) of = x _— ~— _— is amended yy —~
itfg out “During ys of each regular session of Con-
= and inserting in lieu thereof the following: “On or before the

Monday after January 8 of each year (or on or before February

5 in 1986)”.

(bo) Maximum Dericrr Amount May Nor Br Excrrpen.--Section
1105 of title 31, United States Code, is amended by adding at the end
thereof the following new su ion:

_“(fX1) The budget transmitted pursuant to subsection (a) for a
fisca] year shall be prepared on the basis of the best estimates then
available, in such a manner as to ensure that the deficit for such
fiscal year shall not exceed the maximum deficit amount for such
fiscal year as determined under geregreme (7) of section 3 of the
Con ional Budget and Impoundment Control Act of 1974.

“(2) The deficit set forth in the budget so transmitted for any fiscal
year —y not pe ys em ane — Roy fiscal
year as determined under paragra of section 3 o Congres-
sional Budget and Sapeunieent Control Act of 1974, with budget
outlays and Federal revenues at such levels as the President may
consider most desirable and feasible.

“(3) Paragraphs (1) and (2) shall not apply if a declaration of war
by the Congress is in effect.”.

SEC. 242. SUPPLEMENTAL BUDGET ESTIMATES AND CHANGES.

(a) CHANGE mn Date or SusMission.—The first sentence of section
eme fy = $1, United States Code, is amended by striking out

é) REVISIONS AND SuPPLEMENTAL SumManies.—Section 1106 of
title 31 of such Code is further amended by adding at the end thereof
the following new subsection:

“(c) Subsection (f) of section 1105 shall apply to revisions and
supplemental summaries submitted under this section to the same
extent that such subsection applies to the budget submitted under
section 110Ka) to which revisions and summaries relate.”

PART C—EMERGENCY POWERS TO ELIMINATE
DEFICITS IN EXCESS OF MAXIMUM DEFICIT
AMOUNT

GEC. 251. REPORTING OF EXCESS DEFICITS.
cit Sas Seem, See, cm Bapees ot CS aa

“a ESTIMATES AND DETERMINATIONS.—The Director of the
Office of Management and Budget and the Director of the
Congressional Budget Office (in this referred to as the

“Directors’’) shall with to each a
(A) estimate the bu base levels cf tota] revenues and
budget outlays that may be anticipated for such fiscal
as of August 15 of the calendar year in which such

8la

H. J. Res. 372—28

year begins (or as of January 10, 1986, in the case of the
fiscal year 1986),

(B) determine whether the projected deficit for such fiscal
year will exceed the maximum deficit amount for such
fiscal r and-whether such deficit excess will be greater
than $10,000,000,000 (zero in the case of fiscal years 1986
and 1991), and

(C) estimate the rate of real economic growth that will
occur during such fiscal year, the rate of real economic
growth that will occur during each quarter of such fiscal
year, and the rate of real economic growth that will have
occurred sees Sores each of the last two quarters of the preced-

year.

(2) Report—The Directors jointly shall report to the
. Comptroller General on August 20 of the calendar year in

which such fiscal year begins (or on January 15, 1986, in the
case of the fiscal year 1986), estimating the budget base levels of
total revenues and total budget outlays for such fiscal year,
identifying the amount of any deficit excess for such soy Fy
stating whether such excess is ater than $10,000,000,000
(zero in the case of fiscal years 1986 and 1991), specifying the
estimated rate of real economic growth for such fiscal , for
anes Snare Sf cam Geel pene, and Oe enh & Ge two
quarters of the preceding year, indicating whether the
estimate includes two or more consecutive quarters of negative
real economic and ifying (if the excess is ter
than $10,000,000,000, or zero in the case of fiscal 1986 and
1991), by account, for non-defense programs, and by account and
programs, projects, and activities within each account, for de-
fense programs, the base from which reductions are taken and
the amounts and percentages by which such accounts must be
reduced during such fiscal year, in accordance with the succeed-
ing provisions of this part, in order to eliminate such excess.

(3) DETERMINATION OF REDUCTIONS.—The amounts and

rcentages by which such accounts must be reduced during a
iscal year shall be determined as follows:

(AXi) If the deficit excess for the fiscal year is greater
than $10,000,000,000 (zero in the case of fiscal years 1986
and 1991), such deficit excess shall be divided into halves.

(ii) In the case of fiscal year 1986, the amount of such

(1) shall be multiplied by seven twelfths before bei
divided into halves in accordance with clause (i),

(B) Subject to the exemptions, exceptions, limitations,
special rules, and defiaitions oot forth ia’ thin meta
sections 255, 256, and 257, the reductions necessary to
eliminate one-half of the deficit excess for the fiscal year (as
adjusted under subparagraph (AXii) in the case of =

— functional category 050 (in this part referred to as
ou # j

HJ. Res. 372—29

(CXi) The total amount by which outlays for automatic
spending increases scheduled to take effect during the fiscal
year are to be reduced shall be determined in accordance
with clause (ii) of this subparagraph.
P Aaa such automatic spending increase shall be re-

u —

( to zero (a uniform percentage reduction of 100

percent), or

(Il) by a uniform percentage reduction of less than
100 percenf calculated in a manner to reduce total
outlays for the fiscal by one-half of the deficit
excess (or ae deficit excess, in the case of
fiscal year 1986), if the elimination of all such increases
would reduce total outlays for the fiscal year by more
than one-half of the deficit excess (or the adjusted
deficit excess, in the case of fiscal year 1986) for the

year.
(D) The total amount of the outlay reductions determined
under subparagraph (C) shall be divided into two amounts:
(i) an amount equal to the outlay reductions attrib-
utable to programs specified in subparagraph (A) of
section 257(1); and
(ii) an amount equal to the outlay reductions attrib-
utable to programs specified in subparagraph (B) of
section 257(1).

(EXi) For of subparagraph (B), one-half of the
amount of reductions determined under clause (i) of
subparagraph (D) shall be credited as reductions in outlays
under defense p and the total amount of reductions
in outlays under defense programs required under subpara-
graph (B) shall be red accordingly.

(ii) Sequestration of new budget authority and unobli-
= balances to achieve the remaining reductions in out-

ays under defense programs required under sub
—— be me eee _ sac—eaaae (d).
i) For purposes of su paragraph (B)—
(1) one-half of the amount of the reductions deter-

mined under clause (i) of sub ph (D), and
the amount of the reductions determined under
clause (ii) of subparagraph (D),

shall be credited as reductions in outlays under non-defense
am, = the total = | real in —
under non-defense programs req er subparagrap
(B) shall be reduced accordingly.

(ii) The maximum reduction permissible for each pro-

program.

(iiiXT) Except as ided in subclause (II), the maximum
reduction permissible for each of the rograms to which the
—— es set forth in sections 286d) and 256k) apply
shall be determined, and the total amount of outlays under
non-defense programs required under subparagraph (B)

H. J. Res. 372—30

shall] be reduced by the amount of the maximum reductions
so determined.

(II) If the maximum reduction determined in accordance
with subclause (I) with to the programs to which

‘that subclause relates would reduce outlays for such pro-
grams by an amount in excess of the remaining amount of
the reduction in outlays in non-defense programs required
under subparagraph (B), outlays for such programs shall
instead be reduced proportionately by such md
age as will achieve such remaining ——- uctions.

(ivXI) Sequestrations and reductions under the remaining
non-defense programs shall be applied on a uniform
—— basis so as to reduce new budget authority, new
oan guarantee commitments, new direct loan obligations,
obligation limitations, and spending authority as ed in
section 401(cX2) of the Congressional Budget Act of 1974 to
the extent necessary to achieve any remaining required
outlay reductions.

(It) For purposes of determining reductions under
subclause (I), any reduction in outlays of the Commodity
Credit Corporation under an order issued by the President
under section 252 for a fiscal year, with respect to contracts
entered into during that fiscal year, that will occur during
the —y x fiscal year, shall be credited as reductions in
outlays for the fi ear in which the order is issued.

The B prem of a any within none func-
tional category an ich are not, for purposes of subpara-
graph (B), shall be made by the Directors in a manner consist-
ent with the budget submitted by the President for the fiscal
year 1986; except that for such purposes no part of the accounts
entitled “Federal Emergency Management ra? See
and expenses (58-0100-0-1-999)" and “Federal ergency
Management Agency, Emergency management planning and
assistance (58-0101-0-1-999)" shall be treated as being within
functional category 050.

(4) ADDITIONAL SPECIFICATIONS.—The report submitted under
ae = must also specify (with respect to the fiscal year
invo

(A) the amount of the automatic spending increase (if
any) which is scheduled to take effect in the case of each
program providing for such increases, the amount and
percentage by which such increase is to be reduced, the
amount by which the deficit excess (as adjusted under
paragraph (3XAXii), in the case of fiscal year 1986) will be
reduced as a result of the elimination or reduction of
automatic nies increases —— — nee yA | in-
creases under programs subparagrap aoa
tion 257(1) and increases under listed i
graph (B) of that section), and amount (if any) of each
suc ae, Gee S Sa See sae, Se
will take effect after reduction this part;

(B) the amount of the savings (if any) to be achieved in
the application of each of the ial rules set forth in
subsections (c) through (1) of section 256, along with a
statement of (i) the new Federal matching rate resulting
from the application of subsection (e) of that section, and (ii)
the amount of the percentage reduction in payments to the

84a

H. J. Res. 372—31

States under section 204 of the Federal-State Extended
Unemployment Compensation Act of 197 0; and

(CXi) for defense programs, by account and by program,
project, and activity within each account, the reduction
(stated in terms of both rcentage and amount) in new
pudget authority and enehh i

stated in terms of both percentage and amount, in new
budget authority, new loan guarantee commitments, new

i loan obligations, obligation limitations, and spendi
authority as defined in section 401(cX2) of the Congressio
Budget Act of 1974, together with the estimated outlay
reductions resulting therefrom

tions of the Di under the ons of this
subsection and under subsection (cX1) utilize the budget

» Criteria, and guidelines set forth in J aph (6) and in
sections 255, 256, and 257. In the event t the rs are

essary to produce a single, consistent set of data that achieves
the required deficit reduction. The report of the Directors shal]
also indicate the amount initially proposed for each averaged
item by each Director.

(6) Bupcer sasz.—In computing the amounts and percentages

ation of current law in the case of revenues and ee
authority as defined in section 401(cX2) of the Congressio
Budget Act of 1974:

(B) assumi » in the case of all accounts to which
subparagraph (A) does not apply, appropriations equal to
the prior year’s appropriations except to the extent that
annual appropriations or continuing appropriations for the
entire fiscal year have been enacted:

(C) assuming that expiring provisions of law providing
revenues and spending authority as defined in section
401(cX2) of the Congressional Budget Act of 1974 do expire,
— that excise taxes dedicated b AE ook ae
agri tural price support programs ini ug
the namnedny Credit Corporation are extended at current
rates; an

(D) assuming (i) that Federal pay adjustments for statu-
tory pay systems (I) will be as recommended by the Presi-
dent, but (I) will in no case result in a reduction in the
levels of pay in effect immediately before such adjustments;
and (ii) that medicare ry for inpatient hospitai
services will be based upon regulations most recently
issued in final form or proposed by Health Care Financ-

ing Administration pursuant to sections 1886(bx3XB),
me 1886(dX3XA), and nent) of "Ty py i

errals proposed under section fe) e poundment
Contro! Act of 1974 during the period beginning October 1 of

H. J. Res. 372—32

ERAL.—

(1) Report TO BE BASED ON OMB-CBO REPORT.—The Comptroller
General shall review and consider the report issued by the
Directors for the fiscal year and, with due regard for the data,
assumptions, and methodologies used in ing the conclu-
sions set forth therein, shall issue a report to the t and
the Congress on August 25 of the calendar year in
fiscal year begins (or on January 20, 1986, CYoter rc
fiscal year 1986), estimating the budget base levels of total
revenues and total budget outlays for such fiscal year, identify-
ing the amount of any deficit excess for such fiscal year (ad-
justed in accordance with subsection (aX3XAMXii), in the case of
fiscal year 1986), stating whether such deficit excess (or adjusted
deficit excess, in the case of fiscal year 1986) will be greate
than $10,000,000,000 (zero in the case of fiscal years 1986 8 ‘=
1991), specifying the estimated rate of real economic growth fo
such fiscal year, for each quarter of such fiscal year, and for
each of the last two quarters of the preceding fiscal year,
indicating whether the estimate includes two or more consecu-
tive quarters of negative economic growth, and ifying (if the
excess is greater than $10,000,000,000, or zero in case of
fiscal years 1986 and 1991), by account, for Bam em pro-
grams, and by account and programs, -—- and activities
within each account, for defense programs, the base from which
reductions are taken and the amounts and percentages by
which such accounts must be reduced during such fiscal year

order to eliminate such deficit excess (or adjusted doit cos excess,
io Sonn ee ae ee ee a
estimates, determinations, and speci ons of the Directors
and shall utilize the budget base, cine. . on ~~ 7
forth in subsection (aX6) and in sections 255, =

(2) CONTENTS OF REPORT.—The report of the Comptro
eral under this subsection shall—

(A) provide for the determination of reductions im the
manner specified in subsection (aX3), and
(B) contain estimates, determinations, and specifications
for all of the items contained in the report submitted by the
Directors under subsection (@).
aoe et ee Gees Bay aay See Sean Ge
contents of such report and the report of the Directors.
(c) Reviser ''ct:MaTEs, DETERMINATIONS, AND Reports.—
(7 Re. _RT BY OMB AND CBO.—On October 5 of the fiscal year
cept in the case of the fiscal year 1986), the Directors shall
submit to the Comptroller General a revised report—

86a

ee ee eee ee

H. J. Res. 372—33

submitted under such subsection has been eliminated, re-
duced, or increased, and

(B) adjusting the determinations made under subsection
(a) to the extent necessary.

The revised report submitted under this paragraph shall con-
tain estimates, determinations, and specifications for all of the
items contained in the initial report and authorized under
subsection (dX3XDXi) and shall be based on the same economic
and technical assumptions, employ the same methodologies, and
utilize the same definition of the budget base and the same
criteria and guidelines as those used in the report submitted by
the Directors under subsection (a) (except that subdivision (II) of
paragraph (6XDXi) of such subsection shal! not apply), and shal]
provide for the determination of reductions in the manner
specified in subsection (aX3).
(2) REPORT BY COMPTROLLER GENERAL. —

(A) On October 10 of the fiscal year (except in the case of
the fiscal year 1986), the Comptroller General shal! submit
to the President and the Congress a report revising the
report submitted by the Comptroller General under subsec-
tion (b), adjusting the estimates, determinations, and speci-
fications contained in that report to the extent necessary in
the light of the revised report submitted to him by the
Directors under paragraph (1) of this subsection.

(B) The revised report of the Comptroller General under
this paragraph shall provide for the determination of reduc-
tions as specified in subsection (aX3) and shall contain all of
the estimates, determinations, and specifications required
(in the case of the report submitted under subsection (b))
pursuant to subsection (bX2XB).

(d) SEQUESTRATION OF DEFENSE ProcRAMS.—

(1) DETERMINATION OF UNIFORM PERCENTAGE.—The total
amount of reductions in outlays under defense programs re-
quired for a fiscal year under subsection (aX3XB) after the
reduction under subsection (aX3XEXi) shall be calculated as a
percentage of the total amount of outlays for the fiscal year
estimated to result from new budget authority and unobligated
balances for defense programs.

(2) SEQUESTRATION OF NEW BUDGET AUTHORITY AND UNOBLI-
GATED BALANCES.—

(A) Sequestration to achieve the a reduction in
outlays under defense programs shal! be e by reducing
new budget authority and unobligated balances (if any) in
each program, project, or activity under accounts within
defense programs by the percentage determined under
paragraph (1), computed on the basis of the combined
outlay rate for new budget authority and unobligated bal-
ances for such program, project, or activity determined
under subparagraph (B).

(BXi) The combined outlay rate for new budget authority
and unobligated balances for a program, Pa. or ——~
shal] be determined by the Directors from data then avail-
able to them as supplemented by additional data from the
heads of the appropriate departments or agencies of the
executive branch. If the outlay rate for unobligated bal-
ances is not available for any program, project, or activity,

H. J. Res. 372—34

the outlay rate used shall be the outlay rate for new budget
authority.

(ii) The weighted average (by budget authority) for the
combined outlay rates so determined for all the programs,
projects, and activities within an account shall be compared
to the historical outlay rates for that account previously
estimated by the Directors. If the Directors determine that
it is necessary to make the combined outlay rate for a
program, project, or activity as determined under the first
sentence of this subparagraph consistent with the historical
rates for such account, they may adjust the outlay rate for
such program, project, or activity.

(C) For purposes of this paragraph:

(i) The term “outlay rate”, with respect to any pro-
gram, project, or activity, means—
(I) the ratio of outlays resulting in the fiscal year
involved from new budget authority for such pro-
gram, project, or activity to new t
authority; or
(ID) the ratio of outlays resulting in the fiscal
> year involved from unobligated balances for such
program, project, or activity to such unobligated
balances.

(ii) The term “combined outlay rate”, with respect to
any program, project, or activity, means the weighted
average (by budget authority) of the ratios determined
under subclauses (I) and (I) of clause (i) for such pro-
gram, project, or activity.

(3) SEQUESTRATION FROM NATIONAL DEFENSE ACCOUNTS
THROUGH TERMINATION OR MODIFICATION OF EXISTING CON-
TRACTS.—

(AXi) Subject to the provisions of this paragraph, the
President, with respect to any fiscal year, may provide for—

(I) the termination or modification of an existing
contract within any program, project, or activity within
a account within major functional category 050; and

(Il) the crediting, to the amount of new budget
authority and unobligated balances otherwise required
to be reduced from such program, project, or activity, of
the net reduction achieved for the appropriate fiscal
year by such termination or modification, based upon
the combined outlay rate for such program, project, or
activity determined under ph (2XB).

(ii) The remaining required outlay reductions in such
program, project, or activity shall be achieved by sequester-
ing new budget authority and unobligated balances based
upon the combined outlay rate for such program, project, or
activity determined under paragraph (2XB).

(B) Not later than September 5 of the calendar year in
which the fiscal begins (January 15 in the case of fiscal
year 1986), the ident shall transmit to the Comptroller
General and the Committees on Armed Services and on
as pe ye of the Senate and House of Representatives
and make available to the Directors a report concerning the
contracts proposed to be terminated or modified under this
paragraph for such fiscal year. The report shall—

te

H. J. Res. 372—385

(i) identify the contracts proposed to be terminated or
modified and the proposed date of termination or modi-
fication of each such contract;

(ii) identify the anticipated outlay savi for the
iscal yéar involved and the anticipated uction in
obligated balances with respect to each such proposed
termination or modification, together with an ryt
nation of the relationship between the obligated
ances that could be ed and the estimated outlay
savings resulting therefrom;

(iii) provide documentation of the anticipated savings
in outlays and obligated balances; and

(iv) provide a complete rationale for the effect of each
proposed termination or modification on the contract

year; and

(ii) whether the ratio between the projected outla
savings and the anticipated reduction in obligated bal.
ances is reasonable.

(DXi) In the case of a fiscal year other than fiscal year
1986, each proposed contract termination or modification
described in yy (A) with respect to which the
certification by the Comptroller General under subpara-
graph (C) is affirmative (with respect to both clause (i) and
clause (ii) of such ae pen shall be included in the
report of the Directors under subsection (cX1). The report
shall include the information about each such contract
described in sub h (BXii).

(ii) In the case of peal year 1908, each prepesed contrast
termination or modification described in subparagraph (A)
with respect to which the certification by the Comptroller
General under subparagraph (C) is affirmative (with Jn ge
to both clause (i) and (ii) of such subparagraph) oo
included in the modification authorized section
252(aX6XDXiii) in the order issued by the ident under
section 252(aX1) with to fiscal year 1986.

(iii) The authority of President described in subpara-
graph (A) is not effective in the case of any
contract termination or modification with n to which
the certification by the Cumptroller General under subpara-
graph (C) is not affirmative (with respect to both clause (i)
and clause (ii) of such subparagraph).

posed pursuant to this _apem. the President sha!!

89a

H. J. Res. 372—36

(e) Dates ror SUBMISSION OF Reports AND IssuANCE or Orpers.—

If the date specified for the submission of a report by the Directors
or the Comptroll-.: General under this section or for the issuance of
an order by the “resident under section 252 falls on a Sunday or
legal holiday, su. report shal] be submitted or such order issued on
the following day.

(f) Prorminc or Reports.—Each report submitted under this sec-

tion shall be printed in the Federal Register on the date it is issued;
~and the reports of the Comptroller General submitted to the Con-
-gress under subsections (b) and (cX2) shall be printed as documents
~ of the House of Representatives and the Senate.

(g) Excerrion.— ing provisions of this section shall not

apply Seduliusienataustar yeaa ints aan
SEC. 252. PRESIDENTIAL ORDER.

4s

(a) Issuancs or IntriaL Onpex.—

(1) In GengzRaL—On September 1 following the submission of
a report by the Comptroller General under section 251(b) which
identifies an amount ter than $10,000,000,000 (zero in the
case of fiscal years 1986 and 1991) by which the deficit for a
fiscal year will exceed the maximum deficit amount for such
fiscal year (or on February 1, 1986, in the case of the fiscal year
1986), the President, in strict accordance with the requirements
of paragraph (3) and section 251(aX3) and (4) and subject to the
exemptions, exceptions, limitations, ial rules, and defini-
tions set forth in sections 255, 256, and 257, shall eliminate the
full amount of the deficit excess (as adjusted by the Comptroller
General in such report in accordance with section
251(aX3XAXii), in the case of fiscal year 1986) by issuing an order
that (notwithstanding the Impoundment Control Act of 1974)—
(A) modifies or suspends the operation of each provision
of Federal law that would (but for such order) require an
automatic spending increase to take effect during such
fiscal year, in such a manner as to prevent such increase
from taking effect, or reduce such increase, in accordance
with such report; and
(B) eliminates the remainder of such deficit excess (or

forth in the most recently enacted applicable appro-
priation Acts and accompanying committee reports for

tage percen i
a me is reduced in the report submitted under sec-
tion 251(b), or from each affected budget account if the
program, Pan. or activity is not so set forth, and
(ii) for funds not provided in annual appropriation
Acts, from each budget account activity as identified in

90a

H. J. Res. 372—37

the program and financing schedules contained in the
appendix to the Budget of the United States Govern-
ment for that fiscal vear, applying the same reduction
percentage as the percentage by which the account is
reduced in such report.
(2) SPECIAL SEQUESTRATION PROCEDURES FOR NATIONAL DEFENSE
. FOR FISCAL YEAR 1986.— :
: (A) ln GenERAL.—Notwithstanding subparagraph (BXi) of
paragraph (1), the order issued by the President under
ph (1) with respect to fiscal year 1986 shall seques-
ter, from each program, project, or activity within an ac-
count within major functional ca ry 050, such amounts
of new budget authority and unobligated balances as are
specified (in accordance with section 25l(aX3XEXii)) in the
soeet submitted by the Comptroller General under section
(B) FLEXIBmrry WITH RESPECT TO MILITARY PERSONNEL
ACCOUNTS.—
(i) Notwithstandin ye (BXi) of paragraph
(1), the order issued by the President under paragraph
(1) with respect to fiscal year 1986 may, with respect to
any military personnel account—
(I) exempt any program, project, or activity
within such account from the order;
(II) provide for a lower uniform percentage to be
applied to reduce any . Frgioct, or activity
within such account would otherwise apply;

or
v1 actions described in both subclauses (I)
an '

(ii) If the President uses the authority under clause
(i), the total amount by which outlays are not reduced
for fiscal year 1986 in military personnel accounts b
reason of the use of such authority shall be determined.
Reductions in —— under defense programs in such
total amount shall be achieved by a uniform percent-
age sequestration of new budget authority and unobli-
gated balances in each program, project, and activity
within each account within major functional category
050 other than those military personnel accounts for
which the authority provided under clause (i) has been
exercised, computed on the basis of the outlay rate for
each such program, project, and activity determined
under section 251(d).

(iii) The President may not use the authority
vided by clause (i) unless he notifies the Comptroller
General and the Congress on or before January 10,
—_ SP manner in which such authority will be

(C) FLEXIBILITY AMONG PROGRAMS, PROJECTS, AND ACTIVI-
TIES WITHIN ACCOUNTS.—

(i) New budget authority and unobligated balances
for any pro, ~am, project, or — within an account
within major functional category 050 may be reduced
under an order issued by the ident under
graph (1) for fiscal year 1986, subject to clauses (ii) and
(iii) of this subparagraph, by up to two times the

9la

4

H. J. Res. 372—38

percentage otherwise applicable to the program,
project, or activity (determined after any reduction
under one (B)). To the extent such reductions
are made under such an order, the President may
provide in the order for an increase in new budget
authority and unobligated balances for another pro-
gram, project, or activity within the same account
cane — functional category 050 for fiscal ~
, but such program, project, or activity may not
increased above the level inthe base se orth in such
order.
(ii) No order issued by the President under paragraph
(1) for fiscal year 1986 may result in a base closure or
realignment that would otherwise be subject to section
2687 of title 10, United States Code.
(iii) New budget authority and unobligated balances
for any program, project, or activity within major func-
tional category 050 for fiscal 1986 which is 10
percent (or more) greater than amount requested in
the budget submitted by the President under section
1105 of title 31, United States Code. for fiscal year 1986
may not be reduced by more than the percentage ap-
plicable to the program, project, or activity (determined
after any reduction under subparagraph (B)).

(3) ORDER TO BE BASED ON COMPTROLLER GENERAL'S REPORT.—
The order must a for reductions in the manner specified
in section 251(aX3), must incorporate the provisions of the
report submitted under section 251(b), and must be consistent
with such report in all respects. The President may not modify
or recalculate any of the estimates, determinations, specifica-
tions, bases, amounts, or percentages set forth in the report
submitted under section 251(b) in determining the reductions to
be specified in the order with respect to programs, projects, and
activities, cr with respect to budget activities, within an ac-
count, with the exception of the authority granted to the Presi-
dent for fiscal year 1986 with respect to defense programs
pursuar. to paragraph (2XC). :

(4) EFFEecT Or 3EQUESTRATION UNDER [NITIAL ORDER.—Notwith-
standing section 257(7), amounts sequestered under an order
issued by the Pr-sident under scope (1) for fiscal year 1987
or any subsequent fiscal year shall be withheld from obligation
pending the issuance of a final order under subsection (b) and
shall be permanently cancelled in accordance with such final
order upon the issuance of such order.

(5) ACCOMPANYING MESSAGE.—At the time the actions Je
scribed in the preceding provisions of this subsection with re-
spect to any fiscal year are taken, the President shall transmit
to both Houses of the Congress a message containing all the
information required by section 251(aX4) and further specifying
ent nae: a project, and

withi account, program,
activity, or budget account activity, the base from which
each sequestration or reduction is taken and the amounts
which are to be sequestered or reduced for each such pro-
gram, project, and activity or budget account activity; and
(B) such other supporting as the President may
determine to be appropriate.

H. J. Res. 372—39

+ ae receipt in Y Senate and the House of nee emer me
e message (and any accompanying proposals made under
subsection (c)) shall be refe to all committees with jurisdic-
ae over programs, projects, and activities affected by the
er.
° (6) EFFEectrIve DATE OF INITIAL ORDER.—

= FISCAL — 5 — order ~~ - the hg
under paragraph (1) with respect to year
shall be effective as of March 1, 1986.

(B) FiscaL YEARS 1987-1991.—The order issued by the
President under paragraph (1) with respect to the fiscal
year 1987 or any su uent fiscal year shall be effective as
of October 1 of such year (and the President shall
withhold from obligation as ided in paragraph (4),
pending the issuance of his fina] order under subsection (b),
any amounts that are to be sequestered or reduced under
such order).

(C) TREATMENT OF AUTOMATIC SPENDING INCREASES.—

(i) FIscAL YEAR 1986.—Notwithstanding any other
provision of law, any automatic spending increase that
would (but for this clause) be paid during the
period beginning with the date of the enactment of this
joint resolution and ending with the effective date of an
order issued by the President under ph (1) for
the fiscal year 1986 shall be suspended until such order
ay —— the —_- i, —— other-
wise expen uring such period with respect to
such increases shall be withheld. If such order ides
that automatic spending increases shall be reduced to
zero during such fiscal year, the increases suspended
pursuant to the preceding sentence and any legal
rights thereto shall be permanently cancelled. If such

4

increases, the increases suspended pursuant to such

during the period beginning with the first day of such
fiscal ser and ending ith the date om @bith 0 Saal
order is issued pursuant to subsection (b) shall be

sus-
pended until such final order becomes effective, and
the amounts that would otherwise be expended during

preceding sentence and any legal righ:s thereto shall
be permanently cancelled. If such final order provides
for the payment of automatic spending increases

93a

44

H. J. Res. 372—40

during such fiscal year in amounts that are less than
would have been paid but for such final order, or
provides for the payment of the full amount of such
increases, the increases suspended pursuant to such
sentence shall be restored to the extent necessary to
pay such reduced or full increases, and lump-sum pay-
ments in the amounts to pay such reduced or
full increases shall be made, for period for which
such increases were suspended pursuant to this clause.

(ii) PROHIBITION AGAINST RECOUPMENT.—Notwith-
standing clauses (i) and (ii), if an amount required by
either such clause to be withheld is paid, no
recoupment shall be made against an individual to
whom payment was made.

(iv) OF LUMP-SUM PAYMENTS ON NEEDS-RELATED
PROGRAMS.—Lump-sum payments made under the last
sentence of clause (i) or clause (ii) shall not be consid-
ered as income or resources or otherwise taken into
account in determining the eligibility of any individual
for aid, assistance, or benefits under any Federal or
federally-assisted program which conditions such eligi-
bility to any extent upon the income or resources of
such individual or his or her family or household, or in
determining the amount or duration of such aid, assist-
ance, or benefits.

(D) SPECIAL RULES FOR FISCAL YEAR 1986.—{i) For purposes
of applying this section and section 251 with respect to the
fiscal year 1986—

(I) the order issued by the President under | ee ae
(1) of this subsection shal! be considered the 0
of the President under this section; and

(II) the Committees on Appropriations of the House
of Representatives and the te may, after consulta-
tion with each other, define the term “program,
project, and activity”, and report to their respective

ouses, Yo wpe hed a eR, hy Fa
tion, and the order issued by the Presiden seques-
ter funds in accordance with such definition.

(ii) If the Comptroller General declares in the report
issued under section 251(b) for fiscal year 1986 that as a
result of laws enacted and regulations promulgated after
the date of the enactment of this joint resolution and pri
to the issuance of such report the excess deficit for the

to sub h (CXi) of this paragraph).

(ii) The 0 Fe neal ee eae nt Under pasegvegh
(1) with respect to fiscal 1986 shall be ified before
the effective date for s order prescribed under subpara-
graph (A) to include in the order the changes in budget
authority and unobligated balances, and related changes in
outlay reductions, authorized for such fiscal year under
section 251(dX3XDXii).

(b) Issuance or Fina Orpen. —

94a

H. J. Res. 372—41

(1) Le Gengrat.—On October 15 of the fiscal year ( in
the case of the fiscal year 1986), after the submission of the
revised et submitted by the Comptroller General under
section 251(cX2), the President shall issue a final order under
this section to eliminate the full amount of the deficit excess as
identified by the Comptroller General in the revised
submitted under section 251(cX2) but only to the extent and in
the manner provided in such report. The order issued under this
subsection—

. (A) shall include the same reductions and sequestrations
° as the initial order issued under subsection (a), adjusted to
the extent necessary to take account of any changes in
relevant amounts or tap determined by the
Comptroller General in revised report submitted under
section 251(cX2),

(B) shall make such reductions and sequestrations in
strict accordance with the requirements of section 251(aX3)
and (4), and
: (C) shall utilize the same criteria and guidelines as those
» which were used in the issuance of such initial order under

subsection (a).
The provisions of subsection (aX3) shall apply to the revised
report submitted under section 251(cX2) and to the order issued
under this subsection in the same manner as such isi
apply to the initial report issued under section 251(b) and to the
order issued under subsection (a).

(2) ORDER RFOUIRED IF EXCESS DEFICIT 18 ELIMINATED.—If the
Comptroller General issues a revised report under section
251(cX2) stating that as a result of laws enacted and regulations

romulgated after the submission of the initial rt of the

mptroller General under section 251(b) the excess deficit for a

year (adjusted in accordance with section 251(aX3XAXii),

in the case of fiscal year 1986) has been eliminated, the order
issued under this subsection shall so state and shall make
available for obligation and expenditure any amounts withheld
pursuant to subsection (aX4) or (aX6XC).

(3) EFFECTIVE DATE OF FINAL ORDER.—

(A) Except as provided in subsection (aX6XA), the final
order issued by the President under paragraph (1) shall
become effective on the date of its issuance, and shall
supersede the order issued under subsection (aX1).

) Any modification or suspension by such order of the
operation of a provision of law that would (but for such
order) require an automatic spending increase to take effect
during the fiscal year shall apply for the one-year period
beginning with the date on which such automatic increase
would have taken effect during such fiscal year (but for
such order).

(c) ProposaL or ALTERNATIVES BY THE PREsIDENT.—A message
ny pursuant to “y" (aX5) with respect toa a year
may accompanied > posal setting forth in detail
qieerantive ways to sedese the dolielt for anch faced year to on
amount not greater than the maximum deficit amount for such

(d) cG Procrams, Provecrs, anp Actrvtrres Not To Br
ELIMINATED.—No action taken by the President under subsection (a)

4

95a

H. J. Res. 372—42

or (b) of this section shal] have the effect of eliminating any pro
gram, project, or activity of the Federal Government. ;
(e) Retatrve Bupcer Priorrrizs Not To Be ALtrerep.—Nothing in
the preceding provisions of this section shal] be construed to give the
President new authority to alter the relative priorities in Fed-
-eral \vidget that are established by law, and no person who is or
becomes = for benefits under any provision of law shall be
denied eligibility by reason of any order issued under this part

SEC. 253. COMPLIANCE REPORT BY COMPTROLLER GENERAL.

On or before November 15 of each fiscal year (or on or before
April 1, 1986, in the case of the fiscal year 1986), the Comptroller
General shall submit to the Congress and the President a report on
the extent to which the President's order issued under section 252(b)
for such fiscal year complies with all of the requirements contained
‘in section 252, either certifying that the order fully and sy aye ee |
Cre with such requirements or indicating the respects in whi

t does not.

SEC. 254. CONGRESSIONAL ACTION.

(a) Specta, Procepures In THE EVENT or a Recrssion.—
(1) IN GeneraL—The Director of the Congressional Budget
Office my notify ee ngeets at any time - ~ >
uring the period consisting quarter
which such notification is given, the quarter preceding such
notification, and the four quarters following such notifica-
tion, such Office or the Office of Management and Budget
has determined that real economic growth is proj or
estimated to be less than zero with respect to of any
two consecutive quarters within such period, or
(B) the Department of Commerce preliminary reports of
actual real economic (or any subsequent revision
thereof) indicate that rate of economic growth for
each of the most recent reported quarter and the imme-
diately preceding quarter is less than yl py
Upon such notification the Majority Leader of each House shall

a 4 ee .—— (in the ae ost _ in ph
eclaring that conditions specified in thi are
met and suspending the relevant provisions of this title the

remainder of the current fiscal year or for the following fiscal
year or both.
(2) Form OF JOINT RESOLUTION.—

provisions sections
804(b), and 311(a) of the Congentenel and
Impoundment Control Act of 1974, ere 1106&(c) of
Budget and Emergency Deficit Control Act of 1985 are
i fiscal year,
an
“(2) the provisions of sections 3(7), 301(i), 304(b), -

31l(a) (insofar as it relates to section 3(7)) of
Congressional Budget and Impoundment Control Act of

96a

>.

HJ. Res. 372—43

1974, sections 302(f) and 311(a) (except insofar as it
relates to section 3(7)) of that Act (but only if a concur-
rent resolution on the budget under section 301 of that
Act, for the fiscal year following the current fiscal year,
has been agreed to prior to the introduction of this joint
resolution), sections 110Kf) and 1106(c) of title 31,
United States Code, and C of the Balanced Budget
and Emergency Deficit Control Act of 1985 are sus-
pended for the fiscal year following the current fiscal

year.
This joint resolution shall not have the effect of suspending
| Sob) of the Balanced Brdlest mae ed
under section e mcy
Deficit Control Act of 1985 if such order was issued before
the date of the enactment of this joint resolution.”.

(B) The title of the joint resolution shall be “Joint resolu-
tion suspending certain provisions of law meen to sec-
tion 254(aX2) of the Balanced Budget and Emergency Defi-
cit Control Act of 1985.”; and the joint resolution shall not
contain any preamble.

(3) Com™rrrge acTion.—Each joint resolution introduced
pursuant to percerems (1) shal! be referred to the Committee on
the Budget of the House involved; and such Committee shali
report the joint resolution to its House without amendment on
or befor. the fifth day on which such House is in session after
the date on which the joint resolution is introduced. If the
Committee fails to report the joint resolution within the five-
day period referred to in the ing sentence, it shall be
automatically discharged from further consideration of the joint
resolution, and the joint resolution shall be placed on the
appropriate calendar.

(4) CONSIDERATION OF ¢9INT RESOLUTION.—

(A) A vote on final se of a joint resolution reported
to a House of the om or discharged pursuant to
poregrage (3) shall be taken on or before the close of the

ifth calendar day of session of such House after the date on
which the joint resolution is reported to such House or after
the Committee has been discharged from further consider-
ation of the joint resolution. If prior to the passage by one
House of a joint resolution that House, that House
- tag the same joint resolution from the other House,

n—
(i) the procedure in that House shall] be the same as if
no such joint resolution had been received from the

we tr final passage shal) be the joint

ii vote on on i
resolution of the other House.

When the joint resolution ic to, the Clerk of the

House of Representatives (in case of a House joint

resolution to in the House of Representatives) or the

Secretary the Senate (in the case of a Senate joint

resolution agreed to in the Senate) shali cause the joint
ny py oe , certified, me as to the
other House e Congress as soon as

(BXi) A motion in the House of Re ntatives to
to the consideration of a joint resolution under this para-
graph shal! be highly privileged and not debatable. An

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4

H. J. Res. 372—44

amendment to the motion shall not be in order, nor shall it
be in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.

disagreed to.

(iii) All appeals from the decisions of the Chair relating to
the application of the Rules of the House of Representatives
to the procedure relating to a joint resolution under this
paragraph shall be decided without debate.

(iv) Except to the extent specifically provided in the
— provicions of this subsection or in subparagraph

), consideration of a joint resolution under this

ph shall be governed by the Rules of the House of
presentatives.

(CXi) A motion in the Senate to proceed to the consider-
ation of a joint resolution under this paragraph shall be
privileged and not debatable. An amendment to the motion
shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to cr

disagreed to. - ;
(ii) Debate in the Senate on a joint resolution under this
paragraph, and all debatable motions and appeals in
connection therewith, shall be limited to not more than five
hours. The time shall be equally divided between, and
pare oy - by, the majority leader and the minority leader

pasnaped soap 5e Guniies te ast ssees San ene Sees, to Se

equally divided between, and controlled by, the mover and

the manager of the joint resolution, except that in the event

the manager of the joint resolution is in favor of any such

motion or appeal, time in opposition thereto shall be
his designee.

(1) REPORTING OF RESOLUTIONS, AND RECONCILIATION BILLS AND
RESOLUTIONS, IN THE SENATE.—

(A) COMMITTEE ALTERNATIVES TO PRESIDENTIAL ORDER.—

. Within two days after the submission of a report by the

98a

4

HJ. Res. 372—45

Comptroller General under section 251(cX2), each standing
committee of the Senate may submit to the Committee on
the Budget of the Senate information of the type described
in section 301(d) of the Congressional Budget Act of 1974
with respect to alternatives to the order envisioned by such
report insofar as such order affects lawn within the jurisdic-
tion of the committee.

(B) INTTIAL BUDGET COMMITTEE acTION.—Not later than
two days after issuance of a final order by the President
under section 252(b) with respect to a year, the

Committee on the Budget of the Senate may report to the

Senate a resolution. The resoluticn may affirm the impact
of the order issued under such section, in whole or in

To the extent that any part of the order is not affi the
resolution shall state which parts are not affirmed and
shall contain instructions to committees of the Senate of
the type referred to in sectior 31)a) of the Congressional
a Act of 1974, sufficient to achieve at least the total
level of deficit reduction contained in those sections which
are not affirmed.

(C) RESPONSE OF COMMITTEES.—Committees instructed
pursuant to subparagraph (B), or affected thereby, shall
submit their responses to the Budget Committee no later
than 10 days after the resolution referred to in
graph (B) is agreed to, except that if only one such Commit-
tee is so instructed such Committee shall, by the same date,
report to the Senate a reconciliation bill or reconciliation
resolution containing its recommendations in response to
sich instructions. A committee shall be considered to have
complied with all instructions to it pursuant to a resolution
adopted under subparagraph (B) if it has made rec-
ommendations with respect to matters within its jurisdic-
tion which would result in a reduction in the deficit at least
equal to the total reduction directed by such instructions.

(D) BuDGET COMMITTEE acTiOon.—Upon receipt of the rec-
—— sone - Jay Senate to be
recon tion or resolutions for purposes Congressional
Budget Act of 1974.

SEC. 255. EXEMPT PROGRAMS AND ACTIVITIES.

(a) Socia, Securrry Benerrrs ann Tier I Ramzoan Rermem=nt
Benerirs.—Increases in benefits payable under the old-age, survi-
vors, and disability insurance program established under title II of

100a

4

HL J. Res. 372—47

the Social Security Act, or in benefits payable under section Xa),
3(fX3), 4a), or 4(f) of the Railroad Retirement Act of 1974, shall not
be considered “automatic spending increases” for of this
title; and no reduction in any such increase or in any of the benefits
involved shall be made under any order issued under this rt.
(>) Vererans Procrams.—The following programs be
exempt from reduction under any order issued under this part:
Veterans’ compensation (86-0153-0-1-701) and
eterans’ pensions (36-0154-0-1-701).
(c) Net Lyrerest.—No reduction of payments for net interest (al!
sed on dunctional category 900) ahall be made under any order
is part.

part ee,
(f) Certarmy Procram Basts.—Outlays for programs specified in
paragraph (1) of section 257 shall be subject to reduction =
pry ny with the procedures established in section 251(aXx3xC)

(g) Oren Procrams AND Actrvrries.—

(1) The following budget accounts and activities shal! be
exempt from reduction under any order issued under this part:

Activities resulting from Private donations, bequests, or
voluntary contributions to the Government;

Alaska Power Administration, Operations and mainte
nance (89-0304-0- 1-271).

Appropriations for the District of Columbia (to the extent
they are appropriations of locally raised funds);

Bonneville Power Administration fund and borrowing
authority established pursuant to section 13 of Public Law
"Berens f olin Aine eee aT funds, tribal

ureau 0 j irs miscellaneous trust
trust funds (14-9973-0-7-999).

Claims, defense (97-0102-0-1-051),

Claims, judgments, and relief acts (20-1895—0- 1-806),

Coinage profit fund (20-5811-0-2-803),

Compensation of the President (11-0001-0-1-802).

, ere Indian land claims settlement fund (14-2202-0-

Exchange stabilization fund (20-4444-0-3-155)-

Federal t to the railroad retirement account (60-
0113-0-1-6017.

ac military sales trust fund (11-8242-0-7-155),

Health professions graduate student loan insurance fund
on ucation Assistance Loan Program) (75-4305-0-3-

Intragovernmental funds, including those from which the
outlays are derived primarily from resources paid in from
other government accounts, except to the extent such funds
are augmented by direct appropriations for the fiscal year
: P, oon ar - ‘and Oss Pueblo

‘ayment ietnam prisoner-of-war
claims (15-0104-0-1-153);

lOla

H. J. Res. 372—48

Payment to civil service retirement and disability fund
(24-0200-0- 1-805),

Payments to copyright owners (03-5175-0-2-376),

Payments to health care trust funds (75-0580-0-1-572),

Payments to military retirement fund (97-0040-0-1-054);
oe ee to social security trust funds (75-0404-0-1-

Payments to state and local government fiscal assistance
a ~ fund ayy aap ng ei ality

yments to foreign service retirement disabili

fund (11-1036-0-1-153 and 19-0540-0-1-153),

Payments to trust funds from excise taxes or other re-
ceipts properly creditable to such trust funds;

service fund (18-4020-0-3-372),

Salaries of Article II

Soldiers and Airmen’s Home, payment of claims (84-
8930-0-7-705),

Southeastern Power Administration, Operations and
maintenance (89-0302-0-1-271);

Southwestern Power Administration, Operations and
maintenance (89-0303-0- 1-271),

Tennessee Valiey Authority fund, except non-power pro-
grams and activities (64-4110-0-3-999);

Western Area Power Administration, Construction, re-
po operations, and maintenance (89-5068-0-2-

Western Area Power Administration, Colorado River
basins we marketing fund (89-4452-0-2-271).
(2) Prior legal obligations of the Government in the following

budget accounts and activities shal] be exempt from any order
issued under this part:

Agency for International Development, Housing, and
other credit guarantee programs (72-4340-0-3-151),

Agricultural credit insurance fund (12-4140-0-3-351),

Biomass energy development (20-0114-0-1-271),

Check forgery insurance fund (20-4109-0-3-803),

Community development grant loan guarantees (86-
0162-0-1-451);

Credit union share insurance fund (25-4468-0-3-37 1),

Economic development revolving fund (13-4406-0-3-452),

ag} —y ty ey

e security reserve (Syntheti i

(20-0112-0-1-271),

Export-Import Bank of the United States, Limitation of
program activity (83-4027-0-3-155);

Federal Aviation Administration, Aviation insurance
revolving fund (69-4120-0-3-402),
— Crop Insurance Corporation fund (12-4085-0-3-
oe eas Deposit Insurance Corporaticn (51-8419-0-8-

Federal , Nationa!
fund Ge-1036-0-8450, wa

(
ieee ee ee
ance deve t fund (

1);
Federal ing Administration fund (86-4070-0-3-371),

102a

H. J. Res. 372—49
Federal ip a6 toe Sees Ogee oe
(82-4037-0-3-371

Federal ship financing fund cane fy ee et
Federal ship financing fund, fishing vessels (13-4417-0-3-

é resources development fund (89-0206—0-1-

271);
Government National M Association, Guarantees
. of mo ked securities ( 1);
= Health education loans (75-4307-0-3-553),

Homeowners assistance fund, Defense (97-4090-0-3-051),
Indian loan guarantee and insurance fund (14-4410-0-3-

International Trade Administration, Operations and
administration (13-1250-0-1-376),
Low-rent — housing, Loans and other expenses (86-

4
Maritime ‘Auministration, War-risk insurance revolving

’ fund (69-4302-0-3-403),
. ee Private Investment Corporation (71-4030-0-3-
3 pension Benefit Guaranty Corporation fund (16-4204-0-

Rail service assistance (69-0122-0-1-401);
Railroad rehabilitation and improvement financing fund

(69-4411-0-3—"1);
Rural development insurance fund Say ee
ene electric and telephone revolving fund (12-4230-8-

Rural housing insurance fund (12-4141-0-3-371),
Smal! Business Administration, Business loan and invest-
ment fund (73-4154-0-3-376),
°-nall Business Administration, Lease guarantees revolv-
‘und (73-4157-0-3-376),
-maall Business Administration, Pollution con °
ment contract guarantee revolving fund Aidt OS oT
Smal] Business Administration, Surety bond guarantees
revolving fund (73-4156-0-3-376),
Veterans Administration, Loan guaranty revolving fund
ag em eeny 9 vn FP

aul ere OT TOL

Veterans Administration, Service-= an
Women, infants, and children program (12-3510-0-1-605).
© So 6 ee Ss | (g)
an , programs are identi i udget account
identification code numbers set forth in the Budget of the United
States Government, 1986—Appendix.

SEC. 256. EXCEPTIONS, LIMITATIONS, AND SPECIAL RULES.

(a) Errect or REDUCTIONS AND SEQUESTRATIONS.—
2 (1) REDUCTIONS IN AUTOMATIC SPENDING INCREASES.—Notwith-
‘standing any other provision of law, any change in the
Consumer Price Index or any other index measuring costs,
prices, or wages (or in any component of any such index), under
@ program listed in section 257(1), that is not taken into account
for purposes « ae one of ~ automatic ay wa
ing increase (if any) under such program or a fiscal year for
which an order is issued under section 252 shall not be taken
into account for purposes of determining any automatic spend-
ing increase during any year thereafter.

(2) SEQUESTRATIONS.—Any amount of new budget authority,
unobligated balances, obligated balances, new ican guarantee
commitments, new direct loan obligations, nen, authority
(as defined in section 401(cX2) of the Congressional Act
of 1974), or obligation limitations which is sequestered or re
duced pursuant to an order issued under section 252 is perma-
nently cancelled, with the exception of amounts sequestered in
special or trust funds, which shal! remain in such funds and be
available in accordance with and to the extent permitted by
law, including the provisions of this Act.

(b) TREATMENT OF FEDERAL ADMINISTRATIVE EXPENSES.—

(1) Notwithstanding any other provision of this title, adminis-
trative expenses incurred by the departments and agencies,
including independent agencies, of the Federal Cremeans in
connection with any program, project, activity, or account shall
be subject to reduction t to an order issued under
section 252, without regard to any exemption, exception, limita-
tion, or special rule which is otherwise applicable with respect
to such program, project, activity, or account under this part.

2) Notwithstanding any other provision of law, administra-
tive expenses of any program, project, activity, or account which
is self-supporting and does not receive appropriations sliall be
subject to reduction under a sequester , unless specifically
a ) = in this joint resolution.

(3) apnants made by the Federal Government to reimburse
or matct administrative costs incurred by a State or political
subdivision under or in connection with any program, project,
activity, or account shali not be considered administrative ex-

penses of the Federal Government for purposes of this section,
and shall be subject to reduction or sequestration under this
part to the extent (and only to the extent) that other payments
made by the Federal Government under or in connection with
that program, project, activity, or account are subject to such

194a

H. J. Res. 372—51

Pro-
a yo reductions — oe required - Ay. be —_ oe
e student loan programs operated pursuan part ti
the Higher Education Act of 1965, as a consequence of an
issued pursuant to section 252, shall be achieved only from loans
meas-

described in phs (2) and (3) by the application of the
~ ures described in such phs.
(2) For any loan made during the period inning on the date

% that an order issued under section 252 takes effect with respect to a
fiscal year and ending at the close of such fiscal year, the rate used
in computing the ial allowance payment pursuant to section
438(bX2XAXiii) of such Act for each of the first four special allowance
payments for such loan shall be adjusted by reducing such rate by
the lesser of—

(A) 0.40 percent, or

& te percentage hy which the sate specified in cach exstion
exceeds t.

(3) For any — made during the period inning on the date
that an order issued under section 252 takes effect with respect to a
fiscal year and ending at the close of such fiscal year, the origination
fee which is authorized to be collected pursuant to section cX2) of
such Act shal! be increased by 0.50 percent.

(d) Spectat RuLEs ror MEDICARE RAM.—

(1) MAXIMUM PERCENTAGE REDUCTION IN INDIVIDUAL PAYMENT
AMOUNTS.—The maximum permissible reduction for the health
insurance programs under title XVIII of the Social Security Act
for any fiscal year, pursuant to an order issued under section
252, consists only of a reduction of—

(A) 1 percent in the case of fiscal year 1986, and

(B) 2 percent in the case of any subsequent fiscal year,

in each separate payment amount otherwise made for a covered
service under those programs without regard to this part.

(2) TIMING OF APPLICATION OF REDUCTIONS.—

(A) ln GenERAL.—Except as provided in subparagraph (B),
if a reduction is made under paragraph (1) in payment
amounts pursuant to a sequestration order, the reduction
shall be applied to my: for services furnished during
the effective period of the order. For purposes of the
vious sentence, in the case of inpatient services i
for an individual, the services shall be considered to be
furnished on the date of the individual's discharge from the
inpatient facility.

(B) PAYMENT ON THE BASIS OF COST REPORTING PERIODS.—
In the case in which payment for services of a provider of
services is made under title XVIII of the Social Security Act
on a basis relating to the reasonable cost incurred for the
services during a cost reporting period of the provider, if
reduction is made under paragraph (1) in pa t amounts
pursuant to a sequestration order, the reduction shall be
applied to payment for costs for such services incurred at

hte
©
ui

H. J. Res. 372—52

any time during each cost reporting period of the provider
any part of which occurs during the effective period of

some puamallin an tee taaiten af On eamh Coating gevies

same proportion as the on cost reporting

that occurs during the effective period of the order.

. (C) nny | = ap oF — gee epees, YEAR Ly. =_
or purposes paragrap e effective of a

sequestration order for fiscal year 1986 Pwd wg —_

ning on March 1, 1986, and ending on 30, 1

(3) NO INCREASE IN BENEFICIARY CHARGES IN ASSIGNMENT-
RELATED cases.—If a reduction in pa t amounts is made
under h (1) for services for which payment under part
B of title X of the Social Security Act is made on the basis of
an assignment described in cates 1842(>X3XBXii), in accord-
ance with section 1842(bX6XB), op ener Se eens
in section 1870(fX1), of such Act, the person furnishing the
services shall be considered to have accepted payment of the
reasonable charge for the services, less any reduction in pay-
ment amount made pursuant to a sequestration order, as pay-
ment in full.

(4) No EFFECT ON COMPUTATION OF AAPCC.—In computing the
adjusted ave per capita ‘cost for purposes of section
1876(aX4) of the Social Sesuity Act, the bosvether of Health and
Human Services shal] not take into account any reductions in
Sepnees eentaats Siees Reve Gage eo ney Se eee eater

part.

(e) TREATMENT OF CxHILD Support ENFORCEMENT ProcramM.—Any
order issued by the President under section 252 shall accomplish the
full amount of any required reduction in expenditures under sec-
tions 455 and 458 of the Social Security Act by reducing the Federal
matching rate for State administrative costs under such as
——— (for the fiscal year involved) in section 45Ka) of Act, to

extent necessary to reduce such expenditures by that amount.

(f) ge ap or Foster CaRE AND ADOPTION ASSISTANCE PRo-

State’s payments which is attributable to t to the increases taking effect
during that year. No Sta bc eden Ninoy of ay Rd. To
tS. py. yy Sane ie Ge Gate eae

eg enh ad plan approved under E of title IV
the Social Security Act which has the effect of changing the fiscal
year in which expenditures under such part are made.

it ) purposes of order issued under
GENERAL. —For an
section 252—

(A) Federal under a einy system, and
(B) dunmtse military pay ad

10€a

HJ. Res. 372—53

shal! be to reduction under an order in the same manner
as other inistrative expense components of the Federal
budget; except that no such order may reduce or have the effect
of reducing the rate of pay to which any individual is entitled
under any such statutory pay system or the rate of any element
of mili y to which any individual is entitled under title
37, Uni tates Code, or any increase in rates of pay which is
scheduled to take effect under section 5305 of title 5, United
. States Code, section 1009 of title 37, United States Code, or any
wf te
- @® Ons.—For purposes of this subsection:
(A) The term “statutory pay system” shall have the
: iven that term in section 5301(c) of title 5, United
tates

4B) The term “elements of military pay” means—
(i) the elements of compensation of members of the
uniformed services specified in section 1009 of title 37,
United States Code,
%. (ii) allowances provided members of the uniformed
services under sections 403a and 405 of such title, and

(iii) cadet pay and midshipman pay under section
203(c) of such title.

(C) The term “uniformed services” shall have the mean-
ing given that term in section 101(3) of title 37, United
States Code.

th) Treatment or Parments AnD Apvances Mave Wrrn Respecr
TO UNEMPLOYMENT COMPENSATION PaocramMs.—{l) For purposes of

| (A) paid as regular 1} t

any amount paid as unemp compensation
by a State from its account in the Unem Lveneat Gest Pant
(established by section 904(a) of the Social ity Act),

(B) any advance made to a State from the Federal unemploy-
ment account (established by section 904(g) of such Act) under
title XII of such Act and any advance appropriated to the
yo wee unemployment account pursuant to section 1203 of such

Coy payne ant Gm Ge eet Be Com-

nsation Account (as established under section such Act)
or the purpose of carrying out chapter 85 of title 5, United

CREASES aS Automatic SpenpInG INCREASES.—An order issued by
the President under section 252 may not result in yy Me
reducing an increase in disability benefits under the Federal Mi

Safety and Health Act except in the manner provided for automatic

107a

HL J. Res. 372—54

spending increases under section 252(aX1XA), and no such increase
—————
mMoprry Creprr CORPORATION.—

(1) Powers AND AUTHORITIES OF THE COMMODITY CREDIT COR-
ee ty wy Ay | shall 7 — wy a ity
Corporation in the —~— ¢ of its authori responsibili
as a corporation to buy sell commodities in world trade, to
use the proceeds as a revolving fund to meet other obligations
and otherwise operate as a corporation, the purpose for which it
was created.

Rl. ff. ~t t,t. — pr-~
yments oan eligib under any contract entered in
with @ person the Commodi Corporation i by oe

me
reduced orde bsequently issued. Subject to
Yat me es

graph (B), after an order is issued under such secti
year, any cash payments made by the Commodity Credit

>. (i) under the terms of any one-year contract entered into
in such fiscal year and after the issuance of the order; and
- (ii) out of = a account, _
an rson (including any producer, lender, or guaran
entity) shall J order.

hdd

have been entered into prior to the issuance of an order
section 252, the order shall provide that the necessary reduction
= pease under cont~ cts applicable to the commedity be
ormly applied to all cou\racts for the next succeeding
= commodity, under ise authority provided a

(3) DELAY (2) by adding at the end thereof the following new paragraph:
»‘(2) No provision of law enacted after the date of the enactment of

= Balanced Budget -_ Emergency hy my Act of 1985
other than a provision of an appropriation t appropriates
funds authorized under the Social Security Act as in effect on the
date of the enactment of the Balanced Budget and Emergency
Deficit Control Act of 1985) may provide for payments from the
general fund of the Treasury to any Trust Fund specified in para-
graph (1) or for payments from any such Trust Fund to the general
of the Treasury.”.

PART E—MISCELLANEOUS AND RELATED
PROVISIONS

SEC. 271. WAIVERS AND SUSPENSIONS: RULEMAKING POWERS.

(a) Bupcer Act Warvers wv THE Senate.—Section 904 of the
Congressional Budget Act of 1974 is amended by redesignating
subsection (c) as su ion (d), and by inserting after subsection (b)
the following new subsection:

“(c) Sections 305(bX2) and 306 of this Act may be waived or
suspended in the Senate only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn.”.

(b) OrnerR Warvers AND SUSPENSIONS IN THE SENATE.—Sections
301(i), 302(f, 304(b), 310(d), 310(g), and 311(a) of the Congressional
4 Act of 1974 may be waived or suspended in the Senate only
by the affirmative vote of three-fifths of the Members, duly chosen
and sworn. This subsection shall not apply to one pny resolution
+ aoa or discharged pursuant to section b54(a) is joint resolu-

on.

(c) RULEMAKING PowrERs.— pothone gira appropriated, amounts determined under this subsec-
on.

(2) AMOUNT PAID TO EACH TRUST FUND.—The amount paid to
each such Trust Fund pursuant to paragraph (1) shall be an
amount determined jointly by the Secretary of the Treasury and
the Secretary of Health and Human Services to be sufficient to
fully compensate such Trust Fund for interest losses arising
from the premature redemption, during the period sageaning
with September 1, 1984, and ending with October 31, 1984,
securities maturing Cums Ge ques inning with calendar
year 1987 and pt bye calendar year 1991.

(3) Lourration.— total amount paid from the general fund
of the Treasury pursuant to paragraph (1) shail not exceed
$550,000,000.

(4) ADJUSTMENTS. —

(A) DETERMINATION OF SHORTFALLS AND EXCESSES IN PAY-
MENTS TO TRUST FUNDS.—As soon as practicable after May
31, 1986, the Secretary of the Treasury and the Secretary of
Health and Human Services shall jointly determine any
shortfall or excess in the amount paid to each Trust Fund
pursuant to ph (1) caused by—

(i) the difference between actual interest rates and
interest rates assumed for purposes of paragraph (1),

uss spivemed le tenner 10 ie naman al cae
ri med in January ‘or purposes of compli-
ance with section 201(1X3XB) of the oocial Security SS
LT fa he fd 4
paragrap ee mon pur-
poses of compliance with such section.
(B) PAYMENT OF SHORTFALLS AND _ on bam action, in the

ember ingress may an
United Sta i of Columbia, for
Budget; and | 7 |
™ The term “ Assistant Director” means the Assistant Director of subdivision (a) of

tor
the Bureau of the Budget. 7, recommendation.

“ Bureau.” h estimates =e for, to ao

“ Director.” te whick sup enone P reasons for
¢ Assistant Direct seregate which. if th P a! or deficien ;

or ha ey had cy estim oc

of ve required the hatin oS contained in the Soden ae ry excevdingeat neat

ret, would *urces re

The Budget.

Trrte I1.—Tue Bovoer. ety a on the first "

_rreudent te en, _ SEC. 201. The President shall transmit to Congress on the first set forth in ! enecensi the ments of "ome

7 : : pp opmations *' Neary » Papers, or records of any such de-
f Sec. 214. (a) The head of each department and establishment 4.2%! °™%r"
epartments, etc., to

reduce, or increase the estimates of the several departments or
- goglstions 23 the shall designate an official thereof as udget officer therefor, who, prevare estimates

establishments.
Authonty of Dire ~ See 908. (a) The Director, under such rules and regulations as the ix : eer
tur over personnel, ex- ? Db .
pons, ole. President may prescribe, shall appoint and fix the compensation of oe Lope no Ry pln eg sae mean gh or before a date fixed by ete
attorneys and other employees and — yr for hen 9 in ee telephone (b) Suck budget officer shall also amg ‘under the directi Suppl
the District of Columbia, pee. binding, telegrams, telephone ~ hery, furni- the head of the department or establishment, = pd © direction of jinriemental, ete.,
service, law books, books of reference, periodicals, stationery, furni- = of the deficiency estimates as may be required - » such supplemental and
ture, office equipment, other supplies, _ necessary expenses of the AS ee SPOS Sec. 215. The head of cach y * wm ne po b poe a _
noon, “ae within the apprepriations made t se ie Gn out oes paid # salary revise the departmental estimates and submit them to th om shall ion by ‘wedees
(b) No person appointed by the Director 8 paid & salary “5 gp four persons or before September 15 of each year. In case of his fail opera sey ———~Y-
at a rate in excess of $6,000 a year, and not more than four persons | ~...0@ 000 8 year. the President shall cause to be prepared such esti is failure so to do, ouue
oma ae shall be paid a salary at a rate tn excess of $5,000 a year. | se re is at & rate are D to enable his to maw lo te + mn and data as
service laws, ote. (c) All employees in the Bureau whose compensation 1s at a rate eee with the statements in respect to the work of such e Budget estimates and
of $5,000 a year or less shall be appointed in accordance with the A enorme anh of such department or establish-
civil-service laws and regulations. wees of Sec. 216. Th :
epatig Of Feta (a) The provisions of law prohibiting the transfer of employees of ne deme pe Ran deficiency Boon fem pa ve rag my dee any supplemental or Fert ete, of esti-
until June), 1W2 executive departments and independent establishments until after "nal years ending department of establishment shall be prepa = y the head of any scnvea. ° aut
Vol. M4, p. 49. service of three years shall not apply during the fiscal years ending * ed employees to form, manner, and detail as the Precitene red and submitted in such
a 1921, and June 30, 1922, to the transfer of employees to * Sze. 217. For expenses of the pore 3 hme B pw mew -
the Duress. su or offic the Bureau there i : maintenance of ..i,{isting. ee., Lo
aurea, empires (e) The Bureau shall not be construed to be a bureau or office eS a not otherwise poche din 4m yy myth 1 Fm ag A in the maaan —_
of S00 0 Yemen, created since January 1, 1916, so as to ane employees therein of _ age joes under the able during the heal sone endin J 30, 19 00, to continue avail-
PP OS, LW. 1. additional compensation allowed civilian employees under the eu, and Judicial - g June 30, 1922.
rovisions of section 6 of the Legislative, Executive, and Judicial |: >.46 =%, 1921, and Tr Il.—Ges a sl
, “ ONTIN CE. General Accounting
Office.

Appropriation Act for the fiscal years ending June 30, 1921, and | 3
Sec. 301. There is created an establishment of the Government to Crested as an inde

June 30, 1922, if otherwise entitled thereto. AAS Prsiden sb.
Petuled study by Seo. 209. The Bureau, when directed by the President, shall ae AS a om I — be known as the General Accounting Office, which shall be ind g. Rendent sstanisn
, © incepend- ment, under ‘Come

Bureau for secu
ereater economy and make a detailed study of the departments and establishments for ag what chan ent of the executive d
— the popes of enabling the President to determine what ip > Same in the pg of the Comptroller General “Of . oe postion Chan aen
(with a view of securing greater economy and efficiency in the con- | - > weusting organi- Comptroller of the Treasury and Assistant Compteall ° a Of ter ofthe Treasurr and
duct of the public — — ghee e in y - ase, 1s F abertments or ury are abolished, to take effect July 1, 1921. All other offic epee igen
zation, activities, and me of business of suc partm | assignment mployees of the office of the Comptroller of the T cers and | Personnel, records,
establishments, (2) the appropriations therefor, (3) the assignment t de regrouping come officers and employees in the Gen fs ey shal] be~ sicned to tseneral Ac
teense of particular activities to articular services, or (4) the regrouping ‘ tedied in a re- grades and salaries on July 1, 1921 ne ae ce at their Custins Otics.
—— @f services. e results of such study shall be embodied in 4 re- 4 to Congress ments, papers, furniture, office equipment and ooks, records, docu-
— eo & ae to the President, _ oe gen to one " recommenda- rs “Ge Comptroller of the 7 Similar ap ropma-
> by the eden
the Treasury and

* = the &ppropria-
.¢ Section shall
, Accountin
Pind o Columbie-
"8 and , books

°ontingent

SIXTY-SEVENTH CONGRESS. Sess. I. Cus. 18-20.
Sec. 316. The General Accounting Office and the Burea Fmptovees allownd
Accounts shall not be construed to be a bureau or office created .< a er eee
January 1, 1916, so as to deprive em

ed civilian emp
section 6 of the Legislative, Executive, and Judicial
Act for the fiscal year ending June 30, 192

rovisions of law prohibiting the transf Transter of de

ve departments and indepindens poe: Psd a eater pe
three y during the fiscal

oyees to the Gencral

loyees therein of the additional
oyees under the provisions of
ppropnation
2, if otherviee entitled

Sec. 317. The

of
Endl after Years
year ending June 30, 1922, to the trans

Office.
cc. 318. This Act shall take effect
President: Provided, That sections 301
the General Accounting Office and th
take effect July 1, 1921.
Approved, June 10, 1921.

upon its ap roval by the Immevliate effect of
to 317, inchanive, relating to “7:

e Bureau of Accounts, Shall A cntine Oitee,

©.,0n July 1, val.

CHAP. 19.—An Act For the
South Main Street, in the city of

Be it enacted b

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(Pubic, No. 14.)

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Me resentatives of the United

at the Secre Public building at
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derived from suc
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Approved, June 10, 1921.

—An Act To amend section 407 of the Transportation Act of

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Transportation Act of 1
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at section 407 of the:
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Transportation Act,
adding ant 422, amend-

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Act or Acts of Co

APPENDIX F N
Ch. 7 GENERAL ACCOUNTING OFFICE 31 3 703

§ 703. Comptroller General and Deputy Comptroller General

(a1) The Comptroller General and Deputy Comptroller General are ap-
pointed by the President, by and with the advice and consent of the Senate.

(2) When a vacancy occurs in the office of Comptroller General or Depu-
ty Comptroller General, a commission Is established to recommend individ-
uals to the President for appointment to the vacant office. The commission
shall be composed of—

(A) the Speaker of the House of Representatives;

(B) the President pro tempore of the Senate;
61

———EEE ee a

31 § 703 MONEY AND FINANCE Subtitle 1

(C) the majority and minority leaders of the House of Representa-
tives and the Senate;

(D) the chairmen and ranking minority members of the Committee
on Governmental Affairs of the Senate and the Committee on Govern-
ment Operations of the House; and

(E) when the office of Deputy Comptroller General is vacant, the
Coniptroller General.

(3) A commission established because of a vacancy in the office of the
Comptroller General shall recommend at least 3 individuals. The President
may ask the commission to recommend additional individuals.

(b) Except as provided in subsection (e) of this section, the term ci the
Comptroller General is 15 years. The Comptroller General may not be
reappointed. The term of the Deputy Comptroller General expires on the
date an individual is appointed Comptroller General. The Deputy Comp-
troller General may continue to serve until a successor is appointed.

(c) The Deputy Comptroller General—

(1) carries out duties and powers prescribed by the Comptroller Gen-
eral; and

(2) acts for the Comptroller General when the Comptroller General
is absent or unable to serve or when the office of Comptroller General
is vacant.

(d) The Comptroller General shall designate an officer or employee of the
Gene

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385012_0079%3A03. Public record. Not legal advice.
