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Page:United States Statutes at Large Volume 99 Part 1.djvu/1050

 99 STAT. 1028 Prohibition.

Prohibition. Taxes.

Prohibition. Government organization and employees. Aliens. Contracts. Public availability.

Prohibition. Hawaii.

Prohibition.

Prohibition. Japan.

Prohibition. Contracts.

Prohibition. Contracts.

PUBLIC LAW 99-173—DEC. 10, 1985

SEC. 109. No part of the funds appropriated in this Act for dredging in the Indian Ocean may be used for the performance of the work by foreign contractors: Provided, That the low responsive and responsible bid of a United States contractor does not exceed the lowest responsive and responsible bid of a foreign contractor by greater than 20 per centum. SEC. n o. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. SEC. 111. No part of the funds appropriated in this Act may be used to pay the compensation of an officer of the Government of the United States or to reimburse a contractor for the employment of a person for work in the continental United States by any such person if such person is an alien who has not been lawfully admitted to the United States. SEC. 112. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 113. None of the funds appropriated in this Act may be obligated or expended in any way for the express purpose of the sale, lease, or rental of any portion of land currently identified as Fort DeRussy, Honolulu, Hawaii. SEC. 114. None of the funds in this Act may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations. SEC. 115. None of the funds appropriated in this Act for F-16 beddown projects at Misawa, Japan, may be obligated or expended unless there heis been notification to the Committees on Appropriations that the approved Government of Japan budget for fiscal year 1986 includes projects associated with the F-16 beddown as an additive over the level of funding provided in Japanese fiscal year 1985 for the facilities improvement program. SEC. 116. None of the funds appropriated in this Act may be obligated for architect and engineer contracts estimated by the Government to exceed $1,000,000 for projects to be accomplished in Japan or in any NATO member country, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. SEC. 117. None of the funds appropriated in this Act for military construction in the United States territories and possessions in the Pacific and on Kwajalein Island may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 per centum. SEC. 118. The Secretary of Defense is to inform the Committees on Appropriations and Committees on Armed Services of the plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1051

 PUBLIC LAW 99-173—DEC. 10, 1985

99 STAT. 1029

(TRANSFER OF FUNDS)

SEC. 119. Unexpended balances in the Military Family Housing Management Account established pursuant to section 2831 of title 10, United States Code, as well as any additional amounts which would otherwise be transferred to the Military Family Housing Management Account during fiscal year 1986, shall be transferred to the appropriations for Family Housing provided in this Act, as determined by the Secretary of Defense, based on the sources from which the funds were derived, and shall be available for the same purposes, and for the same time period, as the appropriation to which they have been transferred. SEC. 120. Not more than 20 per centum of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last two months of the fiscal year.

Housing.

Prohibition.

(TRANSFER OF FUNDS)

SEC. 121. (a) Funds appropriated to the Department of Defense for construction in prior years are hereby made available for construction authorized for each such department by the authorizations enacted into law during the first session of the Ninety-ninth Congress. (b) IN GENERAL.—10 U.S.C. 2860 is amended to read as follows: Ante, p. 991. "§ 2860. Availability of appropriations "Funds appropriated to a military department or defense agency for a fiscal year for military construction or military family housing purposes may remain available beyond such fiscal year to the extent provided in the appropriation Acts.". (c) EFFECTIVE DATE.—The amendment made by subsection (b) shall apply to funds appropriated after the date of the enactment of Public Law 99-103. SEC. 122. The Secretary of the Army acting through the Chief of Engineers of the United States Army Corps of Engineers is hereby directed to assign a military design, construction, and support mission to the Little Rock district and to designate the Little Rock district as a full service district which includes responsibilities for planning, engineering, construction operations and real estate for both civil and military missions: Provided, That finance and accounting shall also be included as a function of the full service district if evidence shows that it would result in more efficiency and economy. SEC. 123. Notwithstanding any other provision of law, the Secretary of the Army shall convey, without reimbursement, to the United States Modern Pentathalon Association, a nonprofit association organized under the laws of the State of Texas, all equipment owned by the United States and currently used by the United States Modern Pentathalon Team for training and competition. SEC. 124. (a) None of the funds appropriated in this Act may be available for any country if the President determines that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances cultivated or produced or processed illicitly, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States personnel or their dependents, or from being smuggled into the United States.

10 USC 2860 note. Ante, p. 471.

Prohibition. President of U.S. Drugs and drug abuse. Report. Defense and national security.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 99 Part 1.djvu/1052

 99 STAT. 1030

Georgia. 50 USC app. 1622c.

PUBLIC LAW 99-173—DEC. 10, 1985

Such prohibition shall continue in force until the President determines and reports to the Congress in writing that— (1) the government of such country has prepared and committed itself to a plan presented to the Secretary of State that would eliminate the cause or basis for the application to such country of the prohibition contained in the first sentence; and (2) the government of such country has taken appropriate law enforcement measures to implement the plan presented to the Secretary of State. (b) The provisions of subsection (a) shall not apply in the case of any country with respect to which the President determines that the application of the provisions of such subsection would be inconsistent with the national security interests of the United States. SEC. 125. Of the total amount of budget authority provided for fiscal year 1986 by this Act that would otherwise be available for consulting services, management and professional services, and special studies and analyses, 10 per centum of the amount intended for such purposes in the President's budget for 1986, as amended, for any agency, department or entity subject to apportionment by the Executive shall be placed in reserve and not made available for obligation or expenditure: Provided, That this section shall not apply to any agency, department or entity whose budget request for 1986 for the purposes stated above did not amount to $5,000,000. SEC. 126. (a) Notwithstanding section 13(g) of the Surplus Property Act of 1944 (50 App. U.S.C. 1622(g)) and section 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622(c)), the Secretary of Transportation, if requested, shall, as to the property described in subsection (c), in order to facilitate an exchange of land negotiated between the State of Georgia and the County of Glynn, Georgia, grant a release to the County of Glynn, Georgia, from all of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated July 1, 1975, under which the United States conveyed certain property to the County of Glynn, Georgia, for airport purposes. This provision does not apply to the portion of the property, conveyed by that deed, that is not specified in subsection (c). This provision is subject to the conditions in subsection (b). (b)(1) The County of Glynn finds that the property obtained in exchange for the property described in subsection (c) is equivalent in value to the property described in subsection (c). (2) Revenue derived from the land obtained by the County of Glynn in exchange for the property described in subsection (c) must be used for the development, improvement, operation, or maintenance of a public airport. (3) The property described in subsection (c) shall be used by the State of Georgia in a manner compatible with airport purposes. (4) Approval of the Secretary of Transportation must be obtained prior to any subsequent transfer by the State of Georgia of the property described in subsection (c). Such approval shall be given only if the Secretary finds that the property will continue to be used in a manner compatible with airport purposes. (c) Subsection (a) applies to the following described area known as the "Glynco Jetport Tract": "GLYNCO JETPORT TRACT

"To locate the Point of Beginning, proceed from the intersection of the eastern right-of-way of Canal Road with the northern right-of-

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 PUBLIC LAW 99-173—DEC. 10, 1985

99 STAT. 1031

way of the Glynco Parkway, north 16 degrees 31 minutes 05 seconds east along the eastern right-of-way of Canal Road for a distance of 342.33 feet to a concrete monument which is the Point of Beginning; thence, continue north 16 degrees 31 minutes 05 seconds east along the eastern right-of-way of Canal Road for a distance of 1160.25 feet to a concrete monument; thence, proceed south 73 degrees 28 minutes 55 seconds east for a distance of 514.8 feet to a concrete monument located on the western right-of-way of the BrunswickAltamaha Canal; thence, proceed south 12 degrees 31 minutes 00 seconds west along the western right-of-way of the said canal for a distance of 910.66 feet to a concrete monument located on the northern right-of-way of the Glynco Parkway; thence, proceed south 65 degrees 01 minutes 04 seconds west along the northern right-ofway of the Glynco Parkway for a distance of 219.54 feet to a concrete monument which a point of curvature; thence continue along the said right-of-way for a distance of 31.0 minutes along the arc of a curve having a delta angle of 13 degrees 00 minutes, a Tangent of 334.95 feet, and a radius of 2939.79 feet to a concrete monument; thence, proceed north 85 degrees 53 minutes 24 seconds west for a distance of 398.00 feet to a concrete monument located on the eastern right-of-way of Canal Road and is the Point of Beginning.". (d) Notwithstanding section 13(g) of the Surplus Property Act of Alabama 1944 (50 App. U.S.C. 1622(g)) and Sec. 4 of the Act of October 1, 1949 (50 App. U.S.C. 1622(c)), the Secretary of Transportation, if re- 50 USC app. quested, shall, as to the property described in subsection (f), in order 1622c. to facilitate the lease of land negotiated between the City of Gadsden and the State of Alabama National Guard Commission, grant a release to the City of Gadsden, from all of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated September 2, 1947, under which the United States conveyed certain property to the City of Gadsden, Alabama, for airport purposes. This provision does not apply to the portion of the property, conveyed by that deed, that is not specified in subsection (f). This provision is subject to the conditions of subsection (e). (e)(1) The rent for the property described in subsection (f) shall be Alabama. one dollar ($1.00) per year during both the initial term and the optional renewal term provided for herein to be paid by the State of Alabama National Guard Commission to the City of Gadsden. (2) The City of Gadsden agrees that said lease would be in the best interest of the people of Gadsden. (3) The property described in subsection (f) shall be used by the State of Alabama National Guard Commission for development of National Guard facilities in a manner compatible with airport purposes. (4) Approval of the Secretary of Transportation must be obtained prior to any subsequent lease by the State of Alabama of the property described in subsection (f). Such approval shall be given only if the Secretary finds that the property will continue to be used in a manner compatible with airport purposes. (f) Subsection (d) applies to the following described area: Alabama. Parcel 1. Commence at the northeast corner of the southeast quarter of the southeast quarter of section 23, township 12 south, range 5 east, in Etowah (jounty, Alabama; thence south along the east line of said section a distance of 247.00 feet to the point of beginning; thence deflect 89 degrees 36 minutes left and run a distance of 72.77 feet to a point; thence deflect 23 degrees 43 minutes 30 seconds left and run a distance of 54.93 feet to a point; thence

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1054

 99 STAT. 1032

Ante, p. 724.

PUBLIC LAW 99-173—DEC. 10, 1985

deflect 23 degrees 43 minutes 30 seconds left and run a distance of 725.00 feet to a point; thence deflect 90 degrees 00 minutes left and run a distance of 350.00 feet to a point, thence deflect 90 degrees 00 minutes left and run a distance of 662.24 feet to a point; thence deflect 47 degrees 27 minutes right and run a distance of 661.81 feet to a point; thence deflect 90 degrees 00 minutes left and run a distance of 300.00 feet to a point; thence deflect 90 degrees 00 minutes left and run a distance of 749.65 feet to the point of beginning. Being a portion of the southeast quarter of the southeast quarter and the northeast quarter of the southeast quarter in section 23, township 12 south, range 5 east, and a portion of the northwest quarter of the southwest quarter and the southwest quarter of the southwest quarter of section 24, township 12 south, range 5 east, in Etowah County, Alabama. Save and except a 20.00 foot easement for sanitary sewer across said property. Parcel 2. Commence at the northeast corner of the southeast quarter of the southeast quarter of section 23, township 12 south, range 5 east, in Etowah County, Alabama; thence south along the east line of said section a distance of 347.00 feet to a point; thence deflect 90 degrees 24 minutes right and run a distance of 750.00 feet to a point; thence deflect 90 degrees 00 minutes left and run a distance of 500.00 feet to the point of beginning; thence deflect 90 degrees 00 minutes left and run a distance of 440.21 feet to a point on the westerly right of way line of Airport Road a distance of 220.00 feet more or less to a point on the northerly right of way line of Southern Natural Gas Company pipe line; thence run in a southwesterly direction along the northerly right of way line of said Southern Natural Gas Company a distance of 459.40 feet to a point; thence deflect 122 degrees 12 minutes right and run a distance of 462.60 feet to the point of beginning. Being a portion of the southeast quarter of the southeast quarter, section 23, township 12 south, range 5 east in Etowah County, Alabama. SEC. 127. Section 1209(a) of the Department of Defense Authorization Act, 1986 (Public Law 99-145), is amended by striking out "30 days after the date Congress receives the report required by subsection (b), but no later than", in the material preceding clause (1). SEC. 128. Notwithstanding any other provision of law, funds appropriated by this Act for the United States contribution to the North Atlantic Treaty Organization Infrastructure program may not be obligated or expended at a rate exceeding the rate of recoupment during fiscal year 1986 of $30,000,000 of prefinanced United States contributions to this account. "This Act may be cited as the "Military Construction Appropriations Act, 1986". Approved December 10, 1985. LEGISLATIVE HISTORY—H.R. 3327: HOUSE REPORT No. 99-275 (Comm. on Appropriations). SENATE REPORT No. 99-168 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 131 (1985): Oct. 17, considered and passed House. Nov. 7, considered and passed Senate, amended. Nov. 20, House agreed to conference report; receded and concurred in certain Senate amendments with amendments and disagreed to Senate amendment No. 27. Nov. 21, Senate agreed to conference report; concurred in House amendments and receded from Senate amendment No. 27.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1055

 PUBLIC LAW 99-174—DEC. 11, 1985

99 STAT. 1033

Public Law 99-174 99th Congress Joint Resolution ReafHrming the friendship of the people of the United States with the people of Colombia following the devastating volcanic eruption of November 13, 1985.

Dec. 11, 1985 [H.J. Res. 459]

Whereas on November 13, 1985, Colombia suffered a major volcanic eruption which caused widespread flooding and mudslides; Whereas this disaster resulted in a tragic loss of life and numerous injuries to the Colombian people; and Whereas the United States has historic ties of friendship with Colombia: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF UNITED STATES SYMPATHY AND SOLIDARITY.

The Government of the United States, on behalf of its citizens, extends to the people and Government of Colombia the deep sympathy and solidarity of the United States in this time of tragedy. SEC. 2. RELIEF AND REHABILITATION ASSISTANCE.

The Congress encourages the President to provide all appropriate Disaster relief and rehabilitation assistance to help prevent further loss of assistance. life, and to prevent further suffering among the people of Colombia. SEC. 3. COOPERATION IN LONG TERM RECOVER EFFORTS.

The Government of the United States, in consultation with the Government of Colombia, is prepared to cooperate with Colombia in long term efforts to recover from the effects of this disaster. Approved December 11, 1985.

LEGISLATIVE HISTORY—H.J. Res. 459: CONGRESSIONAL RECORD, Vol. 131 (1985): Nov. 19, considered and passed House. Nov. 23, considered and passed Senate.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1056

 99 STAT. 1034

PUBLIC LAW 99-175—DEC. 11, 1985

Public Law 99-175 99th Congress Joint Resolution Dec. 11, 1985 [S.J. Res. 206]

To authorize and request the President to designate the month of December 1985, as "Made in America Month".

Whereas the trade deficit in our country in 1984 reached a record level of $123,000,000,000; Whereas the 1985 trade deficit is predicted to increase to $150,000,000,000; Whereas over one and one-half million jobs have been lost in the manufacturing sector since 1980 as a direct result of imports; Whereas imports now account for more than 20 per centum of all manufactured products sold in the United States; Whereas imports continue to grow at an increasing rate and constitute a larger and larger percentage of all manufactured goods sold in this Nation; Whereeis the manufacturing sector of the United States economy is shrinking dramatically as a result of imports; Whereas a continuing flood of imports of manufactured goods could permanently reduce the manufacturing capacity of our Nation and, as a direct result, threaten our ability to respond to a National emergency and make the United States highly vulnerable to embargoes of a wide range of products necessary for the National defense and the smooth functioning of the National economy; Whereas there is little awareness of the country of origin of most products sold in the United States; Whereas United States consumers should be aware of the impact that their purchase decisions could have on their own jobs and the economy as a whole; and Whereas traditionally the United States Government has not effectively linked the growth of imports to the growth of domestic consumption: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the President is

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1057

 PUBLIC LAW 99-175—DEC. 11, 1985 authorized and requested to issue a proclamation designating the month of December 1985, as "Made in America Month" and to call upon Federal, State, and local government agencies, and the people of the United States to observe the month with appropriate programs, ceremonies, and activities. Approved December 11, 1985.

LEGISLATIVE HISTORY—S.J. Res. 206: CONGRESSIONAL RECORD, Vol. 131 (1985): Sept. 30, considered and passed Senate. Nov. 21, considered and passed House.

51-194 O - 88 - 34: QL. 3

Part 1

99 STAT. 1035

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1058

 99 STAT. 1036

PUBLIC LAW 99-176—DEC. 11, 1985

Public Law 99-176 99th Congress Joint Resolution Dec. 11, 1985 [H.J. Res. 473]

Post, p. 1037.

Waiving the printing on parchment of the enrollment of H.J. Res. 372.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the requirement of sections 106 and 107 of title 1, United States Code, that the enrollment of House Joint Resolution 372 be printed on parchment be waived, and that the enrollment of House Joint Resolution 372 be in such form as may be certified by the Committee on House Administration to be a truly enrolled joint resolution. Approved December 11, 1985,

LEGISLATIVE HISTORY—H.J. Res. 473 (H.J. Res. 872): CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 10, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1059

 PUBLIC LAW 99-177—DEC. 12, 1985

99 STAT. 1037

99th Congress Joint Resolution Increasing the statutory limit on the public debt.
 * Public Law 99-177

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting in lieu thereof "$1,847,800,000,000, or $2,078,700,000,000 on and after October 1, 1985,".

Dec. 12, 1985 [H.J. Res. 372]

Ante, p. 814.

SEC. 2. MINIMUM CORPORATE TAX BY CORPORATIONS.

(a) Notwithstanding any other provision of this joint resolution. Report. the Senate Committee on Finance is directed to report to the Senate by July 1, 1986, legislation providing for payment of an alternative minimum corporate tax by corporations on the broadest feasible definition of income to assure that all of those with economic income pay their fair share of taxes: Provided, That said alternative mini- Effective date. mum corporate tax shall take effect for corporate tax years commencing on or after October 1, 1986. The revenue raised by this tax shall be applied to reduce the Federal deficit. (b) Notwithstanding any other provision of this joint resolution. Report. the Committee on Ways and Means is directed to report to the House of Representatives legislation providing for payment of an alternative minimum corporate tax by corporations based upon the broadest feasible definition of income to assure tiiat all of those with economic income pay their fair share of taxes: Provided, That, the Committee on Ways and Means shall report such legislation prior to October 1, 1986. SEC. 3. ACHILLE LAURO HUACKING.

(a) The Senate finds that— (1) the four men identified as the hijackers of the Achille Lauro were responsible for brutally murdering an innocent American citizen, Leon Klinghoffer, and for terrorizing hundreds of innocent crew members and passengers for two days; (2) the United States urges all countries to aid in the swift apprehension, prosecution, and punishment of the terrorists; and (3) the United States should not tolerate any country providing safe harbor or safe passage to the terrorists. (b) It is the sense of the Senate that— (1) the United States demands that no country provide safe harbor or safe passage to these terrorists; (2) the United States expects full cooperation of all countries in the apprehension, prosecution, and punishment of these terrorists; (3) the United States cannot condone the release of terrorists or the making of concessions to terrorists; and (4) the United States identify those individuals responsible for the seizure of the Achille Lauro and the cold-blooded murder of signed by the President on December 12, 1985.
 * Note: The printed text of Public Law 99-177 is a reprint of the hand enrollment,

Vessels. Terrorism. Leon Klinghoffer.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1060

 99 STAT. 1038

PUBLIC LAW 99-177—DEC. 12, 1985 Leon Klinghoffer, as well as those countries and groups that aid and abet such terrorist activities, and take the strongest measures to ensure that those responsible for this brutal act against an American citizen are brought to justice.

Balanced Budget and Emergency Deficit Control Act of 1985. 2 USC 901 note.

TITLE II—DEFICIT REDUCTION PROCEDURES SEC. 200. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the "Balanced Budget and Emergency Deficit Control Act of 1985". (b) TABLE OF CONTENTS.— Sec. 200. Short title and table of contents. PART A—CONGRESSIONAL BUDGET PROCESS

Subpart I—Congressional Budget Sec. 201. Congressional budget. Subpart II—Amendments to Title IV of the Congressional Budget Act of 1974 Sec. 211. New spending authority. Sec. 212. Credit authority. Sec. 213. Description by Congressional Budget Office. Sec. 214. General Accounting Office study; off-budget agencies; member user group. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

221. 222. 223. 224. 225. 226. 227. 228.

Subpart III—Additional Provisions to Improve Budget Procedures Congressional Budget Office. Current services budget for congressional budget purposes. Study of off-budget agencies. Changes in functional categories. Jurisdiction of Committee on Government Operations. Continuing study of congressional budget process. Early election of committees of the House. Rescissions and transfers in appropriation bills.

Subpart IV—Technical and Conforming Amendments Sec. 231. Table of contents. Sec. 232. Additional technical and conforming amendments. PART B—BUDGET SUBMITTED BY THE PRESIDENT

Sec. 241. Submission of President's budget; maximum deficit amount may not be exceeded. Sec. 242. Supplemental budget estimates and changes. PART C—EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

251. 252. 253. 254. 255. 256. 257.

Reporting of excess deficits. Presidential order. Compliance report by Comptroller General. Congressional action. Exempt programs and activities. Exceptions, limitations, and special rules. Definitions.

PART D—BUDGETARY TREATMENT OF SOCIAL SECURITY TRUST FUNDS

Sec. 261. Treatment of trust funds. PART E—MISCELLANEOUS AND RELATED PROVISIONS

Sec. Sec. Sec. Sec. Sec.

271. 272. 273. 274. 275.

Waivers and suspensions; rulemaking powers. Restoration of trust fund investments. Revenue estimates. Judicial review. Effective dates.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1061

 PUBLIC LAW 99-177—DEC. 12, 1985

99 STAT. 1039

PART A—CONGRESSIONAL BUDGET PROCESS Subpart I—Congressional Budget SEC. 201. CONGRESSIONAL BUDGET. (a) DEFINITIONS.—

(1) Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end thereof the following new paragraphs: "(6) The term 'deficit' means, with respect to any fiscal year, the amount by which total budget outlays for such fiscal year exceed total revenues for such fiscal year. In calculating the deficit for purposes of comparison with the maximum deficit amount under the Balanced Budget and Emergency Deficit Control Act of 1985 and in calculating the excess deficit for purposes of sections 251 and 252 of such Act (notwithstanding section 710(a) of the Social Security Act), for any fiscal year, the receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for such fiscal year and the taxes payable under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1954 during such fiscal year shall be included in total revenues for such fiscal year, and the disbursements of each such Trust Fund for such fiscal year shall be included in total budget outlays for such fiscal year. Notwithstanding £my other provision of law except to the extent provided by section 710(a) of the Social Security Act, the receipts, revenues, disbursements, budget authority, and outlays of each off-budget Federal entity for a fiscal year shall be included in total budget authority, total budget outlays, and total revenues and the amounts of budget authority and outlays set forth for each major functional category, for such fiscal year. Amounts paid by the Federal Financing Bank for the purchase of loans made or guaranteed by a department, agency, or instrumentality of the Government of the United States shall be treated as outlays of such department, agency, or instrumentality. "(7) The term 'maximum deficit amount' means— "(A) with respect to the fiscal year beginning October 1, 1985, $171,900,000,000; "(B) with respect to the fiscal year beginning October 1, 1986, $144,000,000,000; "(C) with respect to the fiscal year beginning October 1, 1987, $108,000,000,000; "(D) with respect to the fiscal year beginning October 1, 1988, $72,000,000,000; "(E) with respect to the fiscal year beginning October 1, 1989, $36,000,000,000; and "(F) with respect to the fiscal year beginning October 1, 1990, zero. "(8) The term 'off-budget Federal entity' means any entity (other than a privately-owned Government-sponsored entity)— "(A) which is established by Federal law, and "(B) the receipts and disbursements of which are required by law to be excluded from the totals of—

2 USC 622.

Ante, p. 1038. Post, pp. 1063, 42 USC 911

26 USC 1401, ^^oi- ^ m

42 USC 9ii.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1062

 99 STAT. 1040

Infra. Post, p. 1056.

2 USC 622.

PUBLIC LAW 99-177—DEC. 12, 1985 "(i) the budget of the United States Government submitted by the President pursuant to section 1105 of title 31, United States Code, or "(ii) the budget adopted by the Congress pursuant to title III of this Act. "(9) The term 'entitlement authority' means spending authority described by section 401(c)(2)(C). "(10) The term 'credit authority' means authority to incur direct loan obligations or to incur primary loan guarantee commitments.". (2) Paragraph (2) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting before the comma the following: "or to collect offsetting receipts.". Qa) CONGRESSIONAL BUDGET PROCESS.—Title III of the Congres-

sional Budget Act of 1974 is amended to read as follows:

"TITLE m—CONGRESSIONAL BUDGET PROCESS TIMETABLE 2 USC 631.

President of U.S. Report.

"SEC. 300. The timetable with respect to the congressional budget process for any fiscal year is as follows: "On or before: First Monday after January 3 February 15 February 25

Report.

April 1 April 15 May 15

Report.

June 10 June 15 June 30 October 1

Action to be completed: President submits his budget. Congressional Budget Office submits report to Budget Gdrnmittees. Committees submit views and estimates to Budget Committees. Senate Budget Committee reports concurrent resolution on the budget. Congress completes action on concurrent resolution on the budget. Annual appropriation bills may be considered in the House. House Appropriations Committee reports last annual appropriation bill. Congress completes action on reconciliation legislation. House completes action on annual appropriation bills. Fiscal year b ^ i n s.

" A N N U A L ADOPTION O F CONCURRENT RESOLUTION ON THE BUDGET 2 USC 632.

"SEC.

301. (a) CONTENT OF CONCURRENT RESOLUTION ON THE

BUDGET.—On or before April 15 of each year, the Congress shall complete action on a concurrent resolution on the budget for the fiscal year beginning on October 1 of such year. The concurrent resolution shall set forth appropriate levels for the fiscal year beginning on October 1 of such year, and planning levels for each of the two ensuing fiscal years, for the following— "(1) totals of new budget authority, budget 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 appropriate committees;

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 PUBLIC LAW 99-177—DEC. 12, 1985

99 STAT. 1041

"(3) the surplus or deficit in the budget; "(4) new budget authority, budget outlays, direct loan obligations, 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)

ADDITIONAL MATTERS IN CONCURRENT RESOLUTION.—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 unemployment set forth in section 4(b) of the Employment Act of 1946 should be achieved; 15 USC 1022a. "(2) include reconciliation directives described in section 310; Post, p. 1053. "(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 budget, as may be appropriate to carry out the purposes of this Act. "(c) CONSIDERATION OF PROCEDURES OR MATTERS WHICH HAVE THE EFFECT OF CHANGING ANY RULE OF THE HOUSE OF REPRESENTA-

TIVES.—If the Committee on the Budget of the House of Represent- Reports. atives reports any concurrent resolution on the budget which includes any procedure or matter which has the effect of changing any rule of the House of Representatives, such concurrent resolution shall then be referred to the (Jommittee 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 shall Report. 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 AND ESTIMATES OF OTHER COMMITTEES.—On or before February 25 of each year, each committee of the House of Representatives having legislative jurisdiction shall submit to the Committee on the Budget of the House and each committee of the Senate having legislative jurisdiction shall 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 policy appropriate to the goals of the Employment Act of 1946. Any other 15 USC 1021 committee of the House of Representatives or the Senate may note. 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 resolution 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 appropriate representatives of Federal departments suid agencies, the

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Page:United States Statutes at Large Volume 99 Part 1.djvu/1064

 99 STAT. 1042 Reports.

Report.

Taxes.

State and local governments.

Post, p. 1044.

PUBLIC LAW 99-177—DEC. 12, 1985

general public, and national organizations as the committee deems desirable. Each of the recommendations as to short-term and medium-term goals set forth in the report submitted by the members 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 report may reflect 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 recommending. The report accompanying such concurrent resolution shall include, but not be limited to— "(1) a comparison of revenues estimated by 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 obligations, total primary loan guarantee commitments, as set forth in such concurrent resolution, with those estimated or requested in the budget submitted by the President; "(3) with respect to each major functional category, an estimate of budget outlays and an appropriate level of new budget authority for all proposed programs and for all existing programs (including renewals thereof), with the estimate and level for existing programs being divided between permanent authority 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 recommended 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) projections (not limited to the following), for the period of five fiscal years beginning with such fiscal year, of the estimated levels of total budget outlays and total new budget authority, the estimated revenues to be received, and the estimated surplus 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 determined each of the matters set forth in the concurrent resolution; and "(9) allocations described in section 302(a). "(f)

15 USC 1022a. President of U.S. Report.

ACHIEVEMENT OF GOALS FOR REDUCING

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 which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved.

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99 STAT. 1043

"(2) After the Congress has expressed its opinion pursuant to paragraph (1) as to the year in which the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 can be achieved, if, pursuant to section 4(e) of such Act, the President recommends in the Economic Report that such goals be achieved in a year which is different from the year in which the Congress has expressed its opinion that such goals should be achieved, either in its action pursuant to paragraph (1) or in its most recent action pursuant to this paragraph, the concurrent resolution on the budget for the fiscal year beginning after the date on which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved. "(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 described in subsection (a)) set forth in such resolution in germane fashion in order to be consistent with the economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946) which such amendment proposes can be achieved by the year specified in such amendment. "(g) COMMON E<X)NOMIC ASSUMPTIONS.—The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement is based.

Report. 15 USC 1022a.

15 USC 1022, 1022a.

"(h) BUDGET COMMITTEES CONSULTATION WITH COMMITTEES.—The

Committee on the Budget of the House of Representatives shall consult with the committees of its House having legislative jurisdiction 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, "(i) MAXIMUM DEFICIT AMOUNT MAY NOT B E EXCEEDED.—

"(I)(A) Except as provided in paragraph (2), it shall not be in Report. order in either the House of Representatives or the Senate to consider any concurrent resolution on the budget for a fiscal year under this section, or to consider any amendment 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 resolution 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 3(7), or if the adoption of such Ante, p. 1039. amendment would result in a level of total budget outlays for that fiscal year which exceeds the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 3(7). "(B) In the House of Representatives the point of order established under subparagraph (A) with respect to the consideration of a conference report or with respect to the consideration of a motion to concur, with or without an amendment or amendments, in a Senate amendment, the stage of disagreement having been reached, may be waived only by a vote of three-

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 99 STAT. 1044

PUBLIC LAW 99-177—DEC. 12, 1985 fifths of 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

2 USC 633.

"SEC. 302. (a) ALLOCATION OF TOTALS.—

"(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, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays, total new budget authority, total entitlement authority, and 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 entitlement 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 (mandatory or uncontrollable 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 accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays, total new budget authority and new credit authority among each committee of the House of Representatives and the Senate which has jurisdiction over bills and resolutions providing such new budget authority. "(b) REPORTS BY COMMITTEES.—As soon as practicable after a concurrent resolution on the budget is agreed to— "(1) 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 allocation 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 resolution, 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 smiong programs over which it has jurisdiction, and (B) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts. Each such committee shall promptly report to its House the subdivisions made by it pursuant to this subsection.

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99 STAT. 1045

"(c) POINT OF ORDER.—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(c)(2) Post, p. 1056. for a fiscal year; or "(3) new credit authority for a 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 committee makes the allocation or subdivisions required by subsection (b), in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year. "(d) SUBSEQUENT CONCURRENT RESOLUTIONS.—In the c€ise of a concurrent resolution on the budget referred to in section 304, the Post, p. 1047. allocations under subsection (a) and the subdivisions under subsection (b) shall 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 Report. 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) LEGISLATION SUBJECT TO POINT OF ORDER.— "(1) I N THE HOUSE OF REPRESENTATIVES.—After the Congress

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 budget authority for such fiscal year, new entitlement 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 (b) for such fiscal year of new discretionary budget authority, new entitlement authority, or new credit authority to be exceeded. "(2) I N 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 Ante, p. 1040. 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 budget outlays or new budget authority in excess of the appropriate allocation of such outlays or authority reported under subsection (b) in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year. "(g) DETERMINATIONS BY BUDGET COMMITTEES.—For purposes of

this section, the levels of new budget authority, spending authority as described in section 401(c)(2), outlays, and new credit authority Post, p. 1056. for a fiscal year shall be determined on the basis of estimates made

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 99 STAT. 1046

PUBLIC LAW 99-177—DEC. 12, 1985

by the Committee on the Budget of the House of Representatives or the Senate, as the case may be. "CONCURRENT RESOLUTION ON THE BUDGET 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

2 USC 634.

Ante, p. 1040.

"SEC. 303. (a) IN GENERAL.—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 House or Senate which 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 fiscal year; or "(5) new credit authority for a fiscal year, until the concurrent resolution on the budget for such fiscal year has been agreed to pursuant to section 301. "Qo) EXCEPTIONS.—Subsection (a) does not apply to any bill or resolution— "(1) providing new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent resolution applies; or "(2) increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent resolution applies. After May 15 of any calendar year, subsection (a) does not apply in the House of Representatives to any general appropriation bill, or amendment thereto, which provides new budget authority for the fiscal year beginning in such calendar year. "(c) WAIVER IN THE SENATE.—

Reports.

"(1) The Committee of the Senate which reports any bill or resolution (or amendment thereto) to which subsection (a) applies may at or after the time it reports such bill or resolution (or amendment), report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution (or amendment), and (B) stating the reasons why the waiver is necessary. The resolution shall then be referred to the Committee on the Budget of the Senate. That committee shall report the resolution to the Senate within 10 days after the resolution is referred to it (not counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred, accompanied by that committee's recommendations and reasons for such recommendations 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 and 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

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99 STAT. 1047

controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order. "(3) If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) shall not apply with respect to the bill or resolution (or amendment thereto) to which the resolution so agreed to applies. "PERMISSIBLE REVISIONS OF CONCURRENT RESOLUTIONS ON THE BUDGET

"SEC. 304, (a) IN GENERAL.—At any time after the concurrent 2 USC 635. resolution on the budget for a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the Ante, p. 1040. two Houses may adopt a concurrent resolution on the budget which revises or reaffirms the concurrent resolution on the budget for such fiscal year most recently agreed to. "(b) MAXIMUM DEFICIT AMOUNT MAY NOT B E EXCEEDED.—The

provisions of section 301(i) shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 301(i) (and amendments thereto and conference reports thereon). "PROVISIONS RELATING TO THE CONSIDERATION OF CONCURRENT RESOLUTIONS ON THE BUDGET "SEC. 305. (a) PROCEDURE IN HOUSE OF REPRESENTATIVES AFTER REPORT OF COMMITTEE; DEBATE.—

2 USC 636.

"(1) When the Committee on the Budget of the House of Representatives has reported any concurrent resolution on the budget, it is in order at any time after the fifth day (excluding Saturdays, Sundays, and legal holidays) following the day on which the report upon such resolution by the Committee on the Budget has been available to Members of the House and, if applicable, after the first day (excluding Saturdays, Sundays, and legal holidays) following the day on which a report upon such resolution by the Committee on Rules pursuant to section 301(c) has been available to Members of the House (even though Ante, p. 1040. a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the concurrent resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. "(2) General debate on any concurrent resolution on the budget in the House of Representatives shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority parties, plus such additional hours of debate as are consumed pursuant to paragraph (3). A motion further to limit debate is not debatable. A motion to recommit

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 99 STAT. 1048

15 USC 1022, 1022a. Ante, p. 1040.

PUBLIC LAW 99-177—DEC. 12, 1985 the concurrent resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to. "(3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the House, there shall be a period of up to four hours for debate on economic goals and policies. "(4) Only if a concurrent resolution on the budget reported by the Committee on the Budget of the House sets forth the economic goals (as described in sections 3(a)(2) and 4(b) of the Full Employment Act of 1946) which the estimates, amounts, and levels (as described in section 301(a)) set forth in such resolution are designed to achieve, shall it be in order to offer to such resolution an amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed in such amendment. "(5) Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be considered for amendment under the five-minute rule in accordance with the applicable provisions of rule XXIII of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be considered as ordered on the resolution and any amendments thereto to final passage without intervening motion; except that it shall be in order at any time prior to final passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of amendments) changing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency. "(6) Debate in the House of Representatives on the conference report on any concurrent resolution on the budget shall be limited to not more than 5 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to. "(7) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any concurrent resolution on the budget shall be decided without debate. "(b) PROCEDURE IN SENATE AFTER REPORT OF COMMITTEE; DEBATE; AMENDMENTS.—

Ante, p. 1047.

"(1) Debate in the Senate on any concurrent resolution on the budget, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 50 hours, except that with respect to any concurrent resolution referred to in section 304(a) all such debate shall be limited to not more than 15 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. "(2) Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the

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 PUBLIC LAW 99-177—DEC. 12, 1985

99 STAT. 1049

manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. "(3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the Senate, there shall be a period of up to four hours for debate on economic goals and policies. "(4) Subject to the other limitations of this Act, only if a concurrent resolution on the budget reported by the Committee on the Budget of the Senate sets forth the economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946) which the estimates, amounts, and levels (as described in 15 USC 1022, section 301(a)) set forth in such resolution are designed to I022a. achieve, shall it be in order to offer to such resolution an '^"^^' P ^"^" amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed in such amendment. "(5) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. "(6) Notwithstanding any other rule, an amendment or series of amendments to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency. "(c) ACTION ON CONFERENCE REPORTS IN THE SENATE.—

"(1) The conference report on any concurrent resolution on the budget shall be in order in the ^ n a t e at any time after the third day (excluding Saturdays, Sunda3rs, and l ^ a l holidays) following the day on which such conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to. "(2) During the consideration in the Senate of the conference report on any concurrent resolution on the budget, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their

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 99 STAT. 1050

PUBLIC LAW 99-177—DEC. 12, 1985 designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. "(3) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee. "(4) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received. "(d) REQUIRED ACTION BY CONFERENCE COMMITTEE.—If at the end

Report. Report.

of 7 days (excluding Saturdays, Sundays, and legal holidays) after the conferees of both Houses have been appointed to a committee of conference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the two Houses, then the conferees shall submit to their respective Houses, on the first day thereafter on which their House is in session— "(1) a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or "(2) a conference report in disagreement, if the matter in disagieement is an amendment which strikes out the entire text of the concurrent resolution and inserts a substitute text. "(e) CONCURRENT

Report.

RESOLUTION

MUST

BE CoNSiSTENT I N THE

SENATE.—It shall not be in order in the Senate to vote on the question of agreeing to— "(1) a concurrent resolution on the budget unless the figures then contained in such resolution are mathematically consistent; or "(2) a conference report on a concurrent resolution on the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent. "LEGISLATION DEAUNG WITH CONGRESSIONAL BUDGET MUST BE HANDLED BY BUDGET COMMITTEES

2 USC 637.

"SEC. 306. No bill or resolution, and no amendment to any bill or resolution, dealing with any matter which is within the jurisdiction of the Committee on the Budget of either House shall be considered in that House unless it is a bill or resolution which has been

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 PUBLIC LAW 99-177—DEC. 12, 1985

99 STAT. 1051

reported by the Committee on the Budget of that House (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution. HOUSE COMMITTEE ACTION ON ALL APPROPRIATION BILLS TO BE COMPLETED BY JUNE 10

"SEC. 307. On or before June 10 of each year, the Committee on Report. Appropriations of the House of Representatives shall report annual 2 USC 638. appropriation bills providing new budget authority under the jurisdiction of all of its subcommittees for the fiscal year which begins on October 1 of that year. "REPORTS, S U M M A R I E S, AND PROJECTIONS OF CONGRESSIONAL BUDGET ACTIONS "SEC. 308. (a) REPORTS ON LEGISLATION PROVIDING N E W BUDGET AUTHORITY, NEW SPENDING AUTHORITY, OR N E W CREDIT AUTHORITY, OR PROVIDING AN INCREASE OR DECREASE IN REVENUES OR TAX EXPENDITURES.—

"(1) Whenever a committee of either House reports to its House a bill or resolution, or committee amendment thereto, providing new budget authority (other than continuing appropriations), new spending authority described in section 401(c)(2), or new credit authority, or providing an increcise or decrease in revenues or tax expenditures for a fiscal year, the report accompanying that bill or resolution shall contain a statement, or the committee shall make available such a statement in the case of an approved committee amendment which is not reported to its House, prepared after consultation with the Director of the Congressional Budget Office— "(A) comparing the levels in such measure to the appropriate allocations in the reports submitted under section 302(b) for the most recently agreed to concurrent resolution on the budget for such fiscal year; "(B) including an identification of any new spending authority described in section 401(c)(2) which is contained in such measure and a justification for the use of such financing method instead of annual appropriations; "(C) containing a projection by the Congressional Budget Office of how such measure will affect the levels of such budget authority, budget outlays, spending authority, revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments under existing law for such fiscal year and each of the four ensuing fiscal years, if timely submitted before such report is filed; and "(D) containing an estimate by the Congressional Budget Office of the level of new budget authority for assistance to State and local governments provided by such measure, if timely submitted before such report is filed. "(2) Whenever a conference report is filed in either House and such conference report or any amendment reported in disagreement or any amendment contained in the joint statement of managers to be proposed by the conferees in the case of technical disagreement on such bill or resolution provides new budget authority (other than continuing appropriations), new spending authority described in section 401(c)(2), or new credit

2 USC 639.

Post, p. 1056.

Ante, p. 1044.

State and local governments.

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 99 STAT. 1052

PUBLIC LAW 99-177—DEC. 12, 1985 authority, or provides an increase or decrease in revenues for a fiscal year, the statement of managers accompanying such conference report shall contain the information described in paragraph (1), if available on a timely basis. If such information is not available when the conference report is filed, the committee shall make such information available to Members as soon as practicable prior to the consideration of such conference report.

"(b) UP-TO-DATE ACTION.—

Post, p. 1056.

TABULATIONS

OF

CONGRESSIONAL

BUDGET

"(1) The Director of the Congressional Budget Office shall issue to the committees of the House of Representatives and the Senate reports on at least a monthly basis detailing and tabulating the progress of congressional action on bills and resolutions providing new budget authority, new spending authority described in section 401(c)(2), or new credit authority, or providing an increase or decrease in revenues or tax expenditures for a fiscal year. Such reports shall include but are not limited to an up-to-date tabulation comparing the appropriate aggregate and functional levels (including outlays) included in the most recently adopted concurrent resolution on the budget with the levels provided in bills and resolutions reported by committees or adopted by either House or by the Congress, and with the levels provided by law for the fiscal year preceding such fiscal year. "(2) The Committee on the Budget of each House shall make available to Members of its House summary budget scorekeeping reports. Such reports— "(A) shall be made available on at least a monthly basis, but in any case frequently enough to provide Members of each House an accurate representation of the current status of congressional consideration of the budget; "(B) shall include, but are not limited to, summaries of tabulations provided under subsection (b)(D; and "(C) shall be based on information provided under subsection (b)(1) without substantive revision. The chairman of the Committee on the Budget of the House of Representatives shall submit such reports to the Speaker. (c) FIVE-YEAR PROJECTION OP CONGRESSIONAL BUDGET ACTION.—

Taxes.

As soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year— "(1) total new budget authority and total budget outlays for each fiscal year in such period; "(2) revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period; "(3) tax expenditures for each fiscal year in such period; "(4) entitlement authority for each fiscal year in such period; and "(5) credit authority for each fiscal year in such period. "HOUSE APPROVAL OF REGULAR APPROPRIATION BILLS

2 USC 640.

"SEC. 309. 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 of July until the

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99 STAT. 1053

House of Representatives has approved annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the Committee on Appropriations for the fiscal year beginning on October 1 of such year. For purposes of this section, the chairman of the Committee on Appropriations of the House of Representatives shall periodically advise the Speaker as to changes in jurisdiction among its various subcommittees. RECONCILIATION "SEC. 310. (a) INCLUSION OF RECONCIUATION DIRECTIVES IN CONCURRENT RESOLUTIONS ON THE BUDGET.—A concurrent resolu-

tion on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall— "(1) specify the total amount by which— "(A) new budget authority for such fiscal year; "(B) budget authority initially provided for prior fiscal years; "(C) new entitlement authority which is to become effective during such fiscal year; and "(D) credit 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 a change of such total amount; "(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change 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 described in paragraphs (1), (2), and (3). "(b) LEGISLATIVE PROCEDURE.—If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a), and— "(1) only one committee of the House or the Senate is directed to determine and recommend changes, 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 committee so directed shall promptly make such determination and recommendations and submit such recommendations to the Committee on the Budget of its House, which, upon receiving all such recommendations, shall report to its House reconciliation legislation carrying out all such recommendations without any substantive revision. For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.

2 USC 641.

Report.

Report.

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 99 STAT. 1054

PUBLIC LAW 99-177—DEC. 12, 1985 "(c) COMPLIANCE WITH RECONCILIATION DIRECTIONS.—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 deemed to have complied with such directions— "(l)if"(A) the amount of the changes of the type described in paragraph (1) 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 such paragraph by more than 20 percent of the total of the amounts of the changes 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 changes such committee was directed to make under paragraphs (1) and (2) of such subsection; and "(2) if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection. "(d) LIMITATION ON AMENDMENTS TO RECONCILIATION BILLS AND RESOLUTIONS.—

"(1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the 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 specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority or new entitlement authority may be in order. "(2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions 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 resolution, 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

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any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order. "(3) Paragraphs (1) and (2) shall 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 be. "(5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified 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. "(e) PROCEDURE IN THE SENATE.—

"(1) Except as provided in paragraph (2), the provisions of section 305 for the consideration in the Senate of concurrent Ante, p. 1047. resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection Qji) and conference reports thereon. "(2) Debate in the Senate on any reconciliation bill reported under subsection (b), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. "(f) COMPLETION OF RECONCILIATION PROCESS.—

"(1) IN GENERAL.—Congress shall complete action on any reconciliation bill or reconciliation resolution reported under subsection (b) not later than June 15 of each year.

Congress.

"(2) POINT OF ORDER IN THE HOUSE OF 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 of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year. "(g) LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.—

Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304, or a resolution pursuant to section 2540t)) of the Balanced Budget and Emergency Deficit Control Act of 1985, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security

Ante, pp. 1044, 1047. ^°^^' P ^"^^

Act.

42 USC 401.

"NEW BUDGET AUTHORFFY, NEW SPENDING AUTHORITY, AND REVENUE LEGISLATION MUST BE WITHIN APPROPRIATE LEVELS "SEC. 311. (a) LEGISLATION SUBJECT TO POINT OF ORDER.—Except as

provided by subsection (h\ after the Congress has completed action

2 USC 642.

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 99 STAT. 1056

Ante, pp. 1039, 1040. Ante, p. 1047.

PUBLIC LAW 99-177—DEC. 12, 1985 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 budget 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 report; would cause the appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concurrent 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 section 3(7) (except to the extent that paragraph (1) of section 301(i) or section 304(b), as the case may be, does not apply by reason of paragraph (2) of such subsection). "(b) EXCEPTION IN THE HOUSE OF REPRESENTATIVES.—Subsection (a)

Ante, p. 1044.

shall not apply in the House of Representatives to any bill, resolution, or amendment which provides new budget authority or new entitlement authority effective during such fiscal year, or to 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 report, would not cause the appropriate allocation of new discretionary 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) DETERMINATION OF BUDGET LEVELS.—For purposes of this section, the levels of new budget authority, budget outlays, new entitlement authority, and 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 be.".

Subpart II—Amendments to Title IV of the Congressional Budget Act of 1974 SEC. 211. NEW SPENDING AUTHORITY.

2 USC 651.

Section 401 of the Congressional Budget Act of 1974 is amended to read as follows: "BILLS PROVIDING NEW SPENDING AUTHORITY "SEC.

401. (a) CONTROLS ON LEGISLATION PROVIDING SPENDING

AUTHORITY.—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 provides new spending authority described in subsection (c)(2)(A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, conference report, or amendment also provides

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that such new spending authority as described in subsection (c)(2) (A) or (B) is to be effective for any fisccd year only to such extent or in such amounts as are provided in appropriation Acts. "(b) LEGISLATION PROVIDING ENTITLEMENT AUTHORITY.—

"(1) It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) 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 reported. "(2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c)(2)(C) which is to become effective 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 appropriate allocation of new budget authority reported under section 302(b) Ante, p. 1044. in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropriations 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) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the appropriate calendar. "(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 bili or resolution. "(c) DEFINITIONS.—

"(1) For purposes of this section, the term 'new spending authority' means spending authority not provided by law on the effective date of this Act, including any increase in or addition to spending authority provided by law on such date. "(2) For purposes of paragraph (1), the term 'spending authority' means authority (whether temporary or permanent)— "(A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; "(B) to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States C!ode) for the repayment of which the United States is 31 USC 3101 liable, the budget authority for which is not provided in etseq. advance by appropriation Acts; "(C) to make pa3nnents (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 authority, the United States is obligated to make such payments to

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persons or governments who meet the requirements established by such law; "(D) to forego the collection by the United States of proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation Acts to offset such foregone receipts; and "(E) to make payments by the United States (including loans, grants, and payments from revolving funds) other than those covered by subparagraph (A), (B), (C), or (D), the budget authority for which 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 government. "(d) EXCEPTIONS.—

42 USC 1305.

26 USC 1 et seq. 31 USC 6702.

Corporation. 31 USC 9101. 31 USC 9101.

Gifts and property.

"(1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived— "(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 (transferred 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 specified 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 Local 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. "(3) Subsections (a) and (b) shall not apply -to new spending 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 Government corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance 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 of gifts or bequests made to the United States for a specific purpose.". SEC. 212. CREDIT AUTHORITY.

2 USC 652.

Section 402 of the Congressional Budget Act of 1974 is amended to read as follows: LEGISLATION PROVIDING NEW CREDIT AUTHORITY "SEC.

402. (a) CONTROLS ON LEGISLATION PROVIDING N E W CREDIT

AUTHORITY.—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, or any amendment which

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99 STAT. 1059

provides new credit authority described in subsection (b)(l), unless that bill, resolution, conference report, or amendment also provides that such new credit authority is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. "(b) DEFINITION.—For purposes of this Act, the term 'new credit authority' means credit authority (as defined in section 3(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.".

Ante, p. 1039.

SEC. 213. DESCRIPTION BY CONGRESSIONAL BUDGET OFFICE.

(a) CONGRESSIONAL BUDGET OFFICE ANALYSIS.—Section 403(a) of the Congressional Budget Act of 1974 is amended by striking out "and" at the end of paragraph (2), by striking out the period and 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.". (b) CONFORMING AMENDMENT.—The second sentence of section 403(a) of such Act is amended by striking out "estimates and comparison" and inserting in lieu thereof "estimates, comparison, and description".

2 USC 653.

SEC. 214. GENERAL ACCOUNTING OFFICE STUDY; OFF-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- Report. sions of law which provide spending authority as described by 2 USC 654. section 401(c)(2) and which provide permanent appropriations, and Ante, p. 1056. report to the Congress its recommendations for the appropriate form of financing for activities or programs financed by such provisions not later than eighteen months after the effective date of this section. Such report shall be revised from time to time. OFF-BUDGET AGENCIES, PROGRAMS, AND ACnVITIES

"SEC. 406. (a) Notwithstanding any other provision of law, budget 2 USC 655. authority, credit authority, and estimates of outlays and receipts for activities of the Federal budget which are off-budget immediately prior to the date of enactment of this section, not including activities of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, shall be included in a budget submitted pursuant to section 1105 of title 31, United States Code, Post, p. 1063. and in a concurrent resolution on the budget reported pursuant to section 301 or section 304 of this Act and shall be considered, for Ante, pp. 1040, purposes of this Act, budget authority, outlays, and spending author- 1047. ity in accordance with definitions set forth in this Act. "(b) All receipts and disbursements of the Federal Financing Bank Banks and Math respect to any obligations which are issued, sold, or guaranteed banking. by a Federal agency shall be treated as a means of financing such

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