Title I — Joint budget resolution

S. 280 · 113th Congress · Feb 12, 2013 · Lineage

I Joint budget resolution

Sec. 101 Purposes

Paragraphs (1) and (2) of section 2 of the Congressional Budget and Impoundment Control Act of 1974 are amended to read as follows:

“(1) to assure effective control over the budgetary process; and

“(2) to facilitate the determination of the appropriate level of Federal revenues and expenditures by the Congress and the President;”

Sec. 102 Timetable

Section 300 of the Congressional Budget Act of 1974 is amended to read as follows:

“300. Timetable

“The timetable with respect to the Congressional budget process for any fiscal year is as follows:”

Sec. 103 Joint resolution on the budget

(a)

Content of Joint Resolutions on the Budget— Section 301(a)(4) of the Congressional Budget Act of 1974 is amended to read as follows:

“(4) subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid, other direct spending (excluding interest), and interest; and for emergencies (for the reserve fund in section 317(b) and for military operations in section 317(C));”

(b)

Additional Matters in Joint Resolution— Section 301(b) of the Congressional Budget Act of 1974 is amended as follows:

(1)

Strike paragraphs (1), and (6) through (9).

(2)

Redesignate paragraphs (2), (3), (4), and (5) accordingly.

(3)

Amend paragraph (3), as redesignated, to read as follows:

“(3) set forth such other matters, and require such other procedures, relating to the budget as may be appropriate to carry out the purposes of the Act, but shall not include a suspension or alteration of the application of the motion to strike a provision as set forth in section 310(d)(2) or (h)(2)(F).”

(c)

Required Contents of Report— Section 301(e)(2) of the Congressional Budget Act of 1974 is amended as follows:

(1)

Redesignate subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (B), (C), (E), (F), (H), and (I), respectively.

(2)

Before subparagraph (B) (as redesignated), insert the following new subparagraph:

“(A) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1);”

(3)

In subparagraph (C) (as redesignated), strike “mandatory” and insert “direct spending”.

(4)

After subparagraph (C) (as redesignated), insert the following new subparagraph:

“(D) a measure, as a percentage of gross domestic product, of total outlays, total Federal revenues, the surplus or deficit, and new outlays for nondefense discretionary spending, defense spending, Medicare, Medicaid and other direct spending as set forth in such resolution;”

(5)

After subparagraph (F) (as redesignated), insert the following new subparagraph:

“(G) if the joint resolution on the budget includes any allocation to a committee other than the Committee on Appropriations of levels in excess of current law levels, a justification for not subjecting any program, project, or activity (for which the allocation is made) to annual discretionary appropriations;”

(d)

Additional Contents of Report— Section 301(e)(3) of the Congressional Budget Act of 1974 is amended as follows:

(1)

Redesignate subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, strike subparagraphs (C) and (D), and redesignate subparagraph (E) as subparagraph (D) and strike the period and insert “; and”.

(2)

Before subparagraph (B), insert the following new subparagraph:

“(A) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1);”

(3)

At the end, add the following new subparagraph:

“(E) set forth, if required by subsection (f), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 should be achieved.”

(e)

Budget Presentation— After section 301(e)(3) add the following new paragraph:

“(4) Budget Format—In addition to the contents that may be included in the report pursuant to paragraph (3), a presentation of the functional categories may also be included as follows:

“(A) Principal Federal Obligations—Activities intrinsic to the Federal Government (including both discretionary and mandatory spending) as follows:

“(i) National defense;

“(ii) International affairs;

“(iii) Veterans benefits and services; and

“(iv) Administration of justice.

“(B) Federally Supported Domestic Priorities—The total domestic discretionary spending levels as follows:

“(i) Total domestic discretionary spending.

“(ii) Optional inclusion of additional specific recommended levels.

“(C) Major Domestic Entitlements—Major domestic direct spending programs as follows:

“(i) Medicare.

“(ii) Medicaid.

“(iii) Other direct spending.

“(iv) Optional inclusion of additional specific recommended levels.

“(D) General Government and Financial Management—Funding for financing government operations as follows:

“(i) General government.

“(ii) Net interest.

“(iii) Allowances.

“(iv) Offsetting receipts.”

(f)

President’s Budget Submission to Congress—

(1)

The first two sentences of section 1105(a) of title 31, United States Code, are amended to read as follows:

“(A) Totals of new budget authority and outlays.

“(B) 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 appropriate committees.

“(C) The surplus or deficit in the budget.

“(D) Subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, direct spending (excluding interest), and interest, and for emergencies (for the reserve fund in section 317(b) and for military operations in section 317(c)).

“(E) The public debt.”

(2)

The third sentence of section 1105(a) of title 31, United States Code, is amended by inserting “submission” after “budget”.

(g)

Limitation on the Content of Budget Resolutions— Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:

“(e) Limitation on Contents

“(1) It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2).

“(2) Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301 (a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section.”

Sec. 104 Budget required before spending bills may be considered

(a)

Amendments to Section 302— Section 302 of the Congressional Budget Act of 1974 is amended—

(1)

in subsection (a), by striking paragraph (5); and

(2)

in subsection (f)(1)(A), by striking “as reported”.

(b)

Amendments to Section 303 and Conforming Amendments—

(1)

Section 303 of the Congressional Budget Act of 1974 is amended by striking “(a) In General.—”, by striking “has been agreed to” and inserting “takes effect in subsection (a)”, and by striking subsections (b) and (c); and

(2)

by striking its section heading and inserting the following new section heading: “consideration of budget-related legislation before budget becomes law”.

(c)

Expedited Procedures Upon Veto of Joint Resolution on the Budget—

(1)

Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section:

“316. Expedited Procedures Upon Veto of Joint Resolution on the Budget

“(a) Special Rule—If the President vetoes a joint resolution on the budget for a fiscal year, the majority leader of the House of Representatives or Senate (or his designee) shall introduce a concurrent resolution on the budget or joint resolution on the budget for such fiscal year. If the Committee on the Budget of either House fails to report such concurrent or joint resolution referred to it within five calendar days (excluding Saturdays, Sundays, or legal holidays except when that House of Congress is in session) after the date of such referral, the committee shall be automatically discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar.

“(b) Procedure in the House of Representatives and the Senate

“(1) Except as provided in paragraph (2), the provisions of section 305 for the consideration in the House of Representatives and in the Senate of joint resolutions on the budget and conference reports thereon shall also apply to the consideration of concurrent resolutions on the budget introduced under subsection (a) and conference reports thereon.

“(2) Debate in the Senate on any concurrent resolution on the budget or joint resolution on the budget introduced under subsection (a), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours and in the House of Representatives such debate shall be limited to not more than 3 hours.

“(c) Contents of Concurrent Resolutions—Any concurrent resolution on the budget introduced under subsection (a) shall be in compliance with section 301.

“(d) Effect of Concurrent Resolution on the Budget—Notwithstanding any other provision of this title, whenever a concurrent resolution on the budget described in subsection (a) is agreed to, then the aggregates, allocations, and reconciliation directives (if any) contained in the report accompanying such concurrent resolution or in such concurrent resolution shall be considered to be the aggregates, allocations, and reconciliation directives for all purposes of sections 302, 303, and 311 for the applicable fiscal years and such concurrent resolution shall be deemed to be a joint resolution for all purposes of this title and the Rules of the House of Representatives and any reference to the date of enactment of a joint resolution on the budget shall be deemed to be a reference to the date agreed to when applied to such concurrent resolution.”

(2)

The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item:

Sec. 105 Amendments to joint resolutions on the budget

(a)

Definition— Paragraph (4) of section 3 of the Congressional Budget Act of 1974 is amended to read as follows:

“(4) the term joint resolution on the budget means—

“(A) a joint resolution setting forth the budget for the United States Government for a fiscal year as provided in section 301; and

“(B) any other joint resolution revising the budget for the United States Government for a fiscal year as described in section 304.”

(b)

Additional Amendments to the Congressional Budget and Impoundment Control Act of 1974—

(1)

(A)

Sections 301, 302, 303, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking “concurrent” each place it appears and inserting “joint”.

(B)

Section 301 of the Congressional Budget Act of 1974 is further amended by striking the last sentence.

(C)

(i)

Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking “most recently agreed to concurrent resolution on the budget” each place it occurs and inserting “most recently enacted joint resolution on the budget or agreed to concurrent resolution on the budget (as applicable)”.

(ii)

The section heading of section 301 is amended by striking “annual adoption of concurrent resolution” and inserting “joint resolutions”; and

(iii)

Section 304 of such Act is amended to read as follows:

“304. Permissible Revisions of Budget Resolutions

“At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement off of the budget resolution.”

(D)

Sections 302, 303, 310, and 311, of such Act are amended by striking “agreed to” each place it appears and by inserting “enacted”.

(2)

(A)

Paragraph (4) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking “concurrent” each place it appears and by inserting “joint”.

(B)

The table of contents set forth in section 1(b) of such Act is amended—

(i)

in the item relating to section 301, by striking “Annual adoption of concurrent resolution” and inserting “Joint resolutions”;

(ii)

by striking the item relating to section 303 and inserting the following:

(iii)

by striking “concurrent” and inserting “joint” in the item relating to section 305.

(c)

Conforming Amendments to the Rules of the House of Representatives— Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking “concurrent” each place it appears and inserting “joint”.

(d)

Conforming Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985— Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking “concurrent” and inserting “joint”.

(e)

Conforming Amendments to Section 310 Regarding Reconciliation Directives—

(1)

The side heading of section 310(a) of the Congressional Budget Act of 1974 (as amended by section 105(b)) is further amended by inserting “Joint Explanatory Statement Accompanying Conference Report on” before “Joint”.

(2)

Section 310(a) of such Act is amended by striking “A” and inserting “The joint explanatory statement accompanying the conference report on a”.

(3)

The first sentence of section 310(b) of such Act is amended by striking “If” and inserting “If the joint explanatory statement accompanying the conference report on”.

(4)

Section 310(c)(1) of such Act is amended by inserting “the joint explanatory statement accompanying the conference report on” after “pursuant to”.

(f)

Conforming Amendments to Section 3 Regarding Direct Spending— Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph:

“(11) The term direct spending has the meaning given to such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985.”

Sec. 106 Continuing appropriations

(a)

In General— Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section:

“1311. Continuing appropriations

“(a)

“(1) If any regular appropriation bill for each fiscal year in a biennium does not become law before the beginning of such biennium or a joint resolution making continuing appropriations is not in effect, there are appropriated for the 2 years of the biennium, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, excluding any budget authority designated as an emergency or temporary funding for projects or activities that are not part of ongoing operations, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year—

“(A) for defense, veterans, and homeland security spending—

“(i) in the corresponding regular appropriation Act for such preceding fiscal year; or

“(ii) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year; and

“(B) for spending not described in subparagraph (A), total level allowable for the appropriate accounts under section 251 of the Balanced Budget and Emergency Deficit Control of Act of 1985 in the same proportion of funding that such accounts received the preceding fiscal year.

“(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of—

“(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year;

“(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year;

“(C) the rate of operations provided for in the regular appropriation bill as passed by the House of Representatives or the Senate for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version; or

“(D) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act.

“(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of—

“(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or

“(B) the last day of such fiscal year.

“(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law.

“(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity.

“(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law.

“(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)—

“(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or

“(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.

“(f) For purposes of this section, the term regular appropriation bill means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities:

“(1) Agriculture, rural development, Food and Drug Administration, and related agencies programs.

“(2) The Department of Defense.

“(3) Energy and water development, and related agencies.

“(4) State, foreign operations, and related programs.

“(5) The Department of Homeland Security.

“(6) The Department of the Interior, Environmental Protection Agency, and related agencies.

“(7) The Departments of Labor, Health and Human Services, and Education, and related agencies.

“(8) Military construction, veterans affairs, and related agencies.

“(9) Science, the Departments of State, Justice, and Commerce, and related agencies.

“(10) The Departments of Transportation, Housing and Urban Development, and related agencies.

“(11) The Legislative Branch.

“(12) Financial services and general government.”

(b)

Clerical Amendment— The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: