Budget Process Law Annotated (1993)

TITLE XVI—BUDGET CONTROL

House Rule

[PAGE 849-857]
 sec. 160092017 consideration of appropriation bills.

(a) Point of Order.—It shall not be in order in the House of Representatives to consider any general appropriation bill if the President has submitted a direct spending message2018 under [section 5 of Executive Order 12857] 2019 until Congress has adopted a concurrent resolution on the budget2020 for the budget year2021 that meets the requirements of section 16005.2022

(b) Waiver.—The point of order established by subsection (a) may only be waived for all general appropriation bills for that budget year2023 through the adoption of one resolution [p. 850] waiving that point of order.2024


2017. H. Res. 235 did not provide for adoption of sections 16006-16008 as part of the House rules, nor did it provide for the redesignation of section 16009 as section 16006. See infra note 2024. Thus section 16009 follows immediately after section 16005.

2018. Section 4 of Exec. Order No. 12857 defines “direct spending message.” See supra pp. 822-826.

2019. Paragraph (2) of H. Res. 235 (see infra note 2024) instructs that this reference, which originally was to “section 16004,” shall be deemed to be a reference to section 5 of Exec. Order No. 12857 (see supra pp. 826-827).

2020. Section 3(4) of the Congressional Budget Act of 1974 (see supra pp. 14-15) defines “concurrent resolution on the budget” in part by reference to section 301 of the Congressional Budget Act of 1974 (see supra pp. 50-87).

2021. Section 250(c)(12) of the Balanced Budget and Emergency Deficit Control Act of 1985 defines “budget year.” See supra p. 446.

2022. See supra pp. 844-848.

If the House enforces this subsection, it would punish appropriated spending for the actions Congress takes with regard to non-appropriated spending.

2023. Section 250(c)(12) of the Balanced Budget and Emergency Deficit Control Act of 1985 defines “budget year”. See supra p. 446.

2024. The House of Representatives adopted this language as a rule of the House in connection with debate on the conference report to accompany the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, 107 Stat. 312 (1993). Paragraph (2) of the rule for consideration of the conference report, H. Res. 240, 103d Cong., 1st Sess., 139 Cong. Rec. H6110-11 (daily ed. Aug. 5,1993), provides for automatic adoption of H. Res. 235, 103d Cong., 1st Sess., 139 Cong. Rec. H6122 (daily ed. Aug. 3, 1993). House Resolution 235, in turn, provides:

Resolved, That, for fiscal years 1994 through 1997 –

(1) the provisions of, and the procedures and points of order set forth in, sections 16004(c)(2), 16005, and 16009 of H.R. 2264, as passed the House (One Hundred Third Congress), shall, with respect to the House of Representatives, apply to any special direct spending message the President submits pursuant to a presidential order as if that message were submitted pursuant to section 16004(c)(1) of that bill; and

(2) for purposes of this application, any reference in section 16004(c)(2) to paragraph (1) or in section 16005 or 16009 to section 16004 shall be deemed to be to the appropriate provisions of that presidential order.

H. Res. 235, 103d Cong., 1st Sess., 139 Cong. Rec. H6122 (daily ed. Aug. 3, 1993); see also H. Rept. 103-217 (Conference Report), 103d Cong., 1st Sess. (1993) (to accompany H. Res. 240, displaying the effects of H. Res. 235); 139 Cong. Rec. H6110-21 (daily ed. Aug. 5, 1993) (debate on H. Res. 240).

Here is the complete text of title XVI of H.R. 2264 (as passed by the House), marked to show which language H. Res. 235 deleted:

TITLE XVI – BUDGET CONTROL
sec 16001. short title; purpose.

(a) Short Title.—This title may be cited as the Budget Control Act of 1993”.

(b) Purpose.—The purpose of this title is to create a mechanism to monitor total costs of direct spending programs, and, in the even that actual or projected costs exceed targeted levels, to require the President and Congress to address adjustments in direct spending.

sec. 16002 establishing direct spending targets.

(a) In General.—The initial direct spending targets for each of fiscal years 1994 through 1997 shall equal total outlays for all direct spending except net interest and deposit insurance as determined by the Director of the [p. 851] Office of Management and Budget (hereinafter referred to in this title as the “Director”) under subsection (b).

(b) Initial Report by Director.—

(1) Not later than 30 days after the date of enactment of this Act, the director shall submit a report to Congress setting forth projected direct pending targets for each of fiscal years 1994 through 1997.

(2) The Director’s projections shall be based on legislation enacted as of 5 days before the report is submitted under paragraph (1). To the extent feasible, the Director shall use the same economic and technical assumptions used in preparing the concurrent resolution on the budget for fiscal year 1994.

(c) Adjustments.—Direct spending target shall be subsequently adjusted by the Director under section 1606.

sec. 16003. annual review of direct spending and receipts by the president.

As part of each budget submitted under section 1105(a) of title 31, United States Code, the President shall provide an annual review of direct spending receipts, which shall include (1) information supporting the adjustment of direct spending targets pursuant to section 16006, (2) information on total outlays for programs covered by the direct spending targets, including actual outlays for the prior fiscal year and projected outlays for the current fiscal year and the 5 succeeding fiscal years, and (3) information on the major categories of Federal receipts, including a comparison between the levels of those receipts and the levels projected as of the date of enactment of this Act.

sec 16004. special direct spending message by president.

(a) Trigger.—in the event that the information submitted by the President under section 16003 indicates—

(1) that actual outlays for direct spending in the prior fiscal year exceeded the applicable direct spending target, or

(2) that outlays for direct spending for the current or budget year are projected to exceed the applicable spending targets,

the President shall include in his budget a special direct spending message meeting the requirements of (b).

[P. 852]

(b) Contents.—

(1) The special direct spending message shall include:

(A) An explanation of any adjustments to the direct spending targets pursuant to section 16006.

(B) An analysis of the variance in direct spending over the adjusted direct spending targets.

(C) the President’s Recommendations for addressing the direct spending overage, if any, in the prior, current, or budget year.

(2) The President’s recommendation may consist of any of the following:

(A) Proposed legislative changes to reduce outlays, increase revenues, or both, in order to recoup or eliminate the overage for the prior, current, or budget years in the current year, the budget year, and the 4 outyears.

(B) Proposed legislative changes to reduce outlays, increase revenues, or both, in order to recoup or eliminate the overage for the prior, current, or budget years in the current year, the budget year, and the 4 outyears, accompanies by a finding by the President that, because of the economic conditions or for other specified reasons, only some of the overage should be recouped or eliminated by outlays reductions or revenue increases, or both.

(C) A proposal to make no legislative changes to recoup or eliminate any overage, accompanied by the President that, because of economic conditions or for other specified reasons, no legislative changes are warranted.

(3) Any proposed legislative change under paragraph (2) to reduce outlays may include reductions in direct spending or in the discretionary spending limits under section 601 of the Congressional Budget Act of 1974.

(c) Proposed Special Direct Spending Resolution.—

(1) President’s Recommendations to be Submitted as Draft Resolution.—If the President recommends reductions consistent with subsection (b)(2)(A) or (B), the special direct [p. 853] spending message shall include the text of a special direct spending resolution implementing recommendations through reconciliation directives instructing the appropriate committees of the House of Representative and Senate to determine and recommend changes in laws within their jurisdiction to reduce outlays or increase revenues by specified amounts. If the President recommends no reduction pursuant to (b)(2)(C), the special direct spending message shall include the text of a special resolution concurring in the President’s recommendation of no legislative action.

(2) Resolution to be Introduced in House.—Within 10 days after the President’s special direct spending message is submitted, the text required by paragraph (1) shall be introduced as a concurrent resolution in the House of Representatives by the chairman of the Committee on the Budget of the House of Representatives without substantive revision. If the chairman fails to do so, after the tenth day the resolution may be introduced by any Member of the House of Representatives. A concurrent resolution introduced under this paragraph shall be referred to the Committee on the Budget.

sec. 1605. required response by congress.

(a) Requirement For Special Direct Spending Resolution.— Whenever the President submits a special direct spending message under section 16004, the Committee on the Budget of the House of Representatives shall report, not later than April 15, the concurrent resolution on the budget and include in it a separate title that meets the requirements of subsections (b) and (c).

(b) Contents of Separate Title.—The separate title of the concurrent resolution on the budget shall contain reconciliation directives to the appropriate committees of the House of Representatives and Senate to determine and recommend changes in laws within their jurisdictions to reduce outlays or increase revenues by specified amounts (which in total equal or exceed the reductions recommended by the President, up to the amount of the overage). If this separate title recommends that no legislative changes be made to recoup or eliminate an overage, then a statement to that effect shall be set forth in that tide.

(c) Requirement for Separate Vote To Increase Targets.—If the separate title of a concurrent resolution on the budget proposes to recoup or eliminate less than the entire overage for the prior, current, and budget years, then the Committee on the Budget of the House of Representatives shall report a resolution directing the Committee on Government Operations to report legislation increasing the direct spending targets for each [p. 854] applicable year by the full amount of the overage not recouped or eliminated. It shall not be in order in the House of Representatives to consider that concurrent resolution on the budget until the House of Representatives has agreed to the resolution directing the increase in direct spending targets.

(d) Conference Reports Must Fully Address Overage.—It shall not be in order in the House of Representatives to consider a conference report on a concurrent resolution on the budget unless that conference report fully addresses the entirety of any overage contained in the applicable report of the President under section 16004 through reconciliation directives requiring spending reductions, revenue increases, or changes in the direct spending targets.

(e) Procedure If House Budget Committee Fails to report Required Resolution.—

(1) Automatic Discharge of House Budget Committee.—If a special direct spending resolution is required and the Committee on the Budget of the House of Representatives fails to report a resolution meeting the requirements of subsections (b) and (c) by April 15, then the committee shall be automatically discharged from further consideration of the concurrent resolution reflecting the President’s recommendations introduced pursuant to section 16004(c)(2) and the concurrent resolution shall be placed on the appropriate calendar.

(2) Consideration By House.—Ten days after the Committee on the Budget of the House of Representatives has been discharged under paragraph (1), any Member may move that the House proceed to consider the resolution. Such motion shall be highly privileged and not debatable.

(f) Application of Congressional Budget Act.—To the extent that they are relevant and not inconsistent with this title, the provisions of title III of the Congressional Budget Act of 1974 shall apply in the House of Representatives and the Senate to special direct spending resolutions, resolutions increasing targets under-subsection (c), and reconciliation legislation reported pursuant to directives contained in those resolutions.

sec. 16006. adjustment to direct spending targets.

(a) Required Annual Adjustments.—Prior to the submission of the President’s budget for each of fiscal years 1995 through 1997, the Director shall adjust the direct spending targets in accordance with this section. Any such adjustments shall be reflected in the targets used in the President’s report under section 16003 and message (if any) under section 16004.

[P. 855]

(b) Adjustment for Increase in Beneficiaries.—

(1) The director shall adjust the direct spending targets for increases (if any) in actual or projected numbers of beneficiaries under direct spending programs for which the number of beneficiaries is a variable in determining costs.

(2) The adjustment shall be made by—

(A) computing, for each program under paragraph (1), the percentage change between (i) the annual average number of beneficiaries under that program (including actual numbers of beneficiaries for the prior fiscal year and projections for the budget and subsequent fiscal years) to be used in the President’s budget with which the adjustments will be submitted, and (ii) the annual average number of beneficiaries used in the adjustments made by the Director in previous years (or, in the case of adjustments made in 1994, the annual average number of beneficiaries used in the Director’s initial report under section 16002(b));

(B) applying the percentage computed under subparagraph (A) to the projected levels of outlays for each program consistent with the direct spending targets in effect immediately prior to the adjustment; and

(C) adding the results of the calculations required by subparagraph (B) to the direct spending targets in effect immediately prior to the adjustments.

(3) No adjustment shall be made for any program for a fiscal year in which the percentage increase computed under paragraph (2)(A) is less than equal or equal to zero.

(c) Adjustment for Revenue Legislation.[1]

(1) The Director shall adjust the targets as follows—

(A) they shall be increased by the amount of any increase in receipts; or

(B) they shall be decreased by the amount of any decrease in receipts;

resulting from receipts enacted after the date of enactment [p. 856] of this title, except legislation enacted under section 16005.

(d) Adjustments to Reflect Congressional Decisions.—Upon enactment of a reconciliation bill pursuant to instructions under section 16005, the Director shall adjust direct spending targets for the current year, the budget year, and each outyear through 1997 by—

(1) increasing the target for the current year and the budget year by the amount stated for that year in that reconciliation bill (but if a separate vote was required by section 16005(e), only if that vote has occurred); and

(2) decreasing the target for the current, budget, and outyears through 1997 by the amount of reductions in direct spending enacted in that reconciliation bill.

(e) Designated Emergencies.—The Director shall adjust the targets to reflect the costs of legislation that is designated as an emergency by Congress and the President under section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

sec. 16007. relationship to balanced budget and emergency deficit control act.

Reductions in outlays or increase in receipts resulting from legislation reported pursuant to section 16005 shall not be taken into account for purposes of any enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985.

sec. 16008. estimating margin.

For any Fiscal Year for which the overage is less than one half of 1 percent of the direct spending target for that year, the procedures set forth in sections 16004 and 16005 shall not apply.

sec. 16009. consideration of appropriation bills.

(a) Point of Order.—It shall not be in order in the House of Representatives to consider any general appropriation bill if the President has submitted a direct spending message under section 16004 until Congress has adopted a concurrent resolution on the budget for the budget year that meets the requirements of section 16005.

(b) Waiver.— The point of order established by subsection (a) may only be waived for all general appropriation bills for that budget year through the adoption of one resolution waiving that point of order.

[p. 857]
sec. 16010. means-tested programs.

In making recommendations under sections 16004 and 16005, the President and Congress should seriously consider all other alternatives before proposing reductions in means tested programs.

sec. 16011. effective date.

This title shall apply to direct spending targets for fiscal years 1994 through 1997 and shall expire at the end of fiscal year 1997.

H.R. 2264, 103d Cong., 1st Sess., tit. XVI, 139 Cong. Rec. H3029, H3199-201 (daily ed. May 27, 1993) (is passed by the House of Representatives) (strike-out added).

For excerpts from the joint statement of managers accompanying H.R. 2264, 103d Cong., 1st Sess. §15301, 139 Cong. Rec. H5792 (daily ed. Aug. 4, 1993), discussing this entitlement review language, as well as citations to other legislative history, See Supra note 1969.

[p. 857 is the last page of the budget process law annotated (1993)]

COUNSEL NOTES

 [1] Section 16006(c) does not have a paragraph (2). This text (struck out) is as it appears in the Budget Process Law Annotated (1993). 

Previous:

Title XVI—Sec. 16005

Next:

BPLA Main

 

FrillBreak