[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 83 Engrossed in Senate (ES)]
109th CONGRESS
2d Session
S. CON. RES. 83
_______________________________________________________________________
CONCURRENT RESOLUTION
Resolved by the Senate (the House of Representatives concurring),
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2007.
(a) Declaration.--The Congress declares that the concurrent
resolution on the budget for fiscal year 2007 is hereby established and
that the appropriate budgetary levels for fiscal years 2006 and 2008
through 2011 are set forth.
(b) Table of Contents.--The table of contents for this concurrent
resolution is as follows:
Sec. 1. Concurrent resolution on the budget for fiscal year 2007.
TITLE I--RECOMMENDED LEVELS AND AMOUNTS
Sec. 101. Recommended levels and amounts.
Sec. 102. Social Security.
Sec. 103. Major functional categories.
TITLE II--RECONCILIATION
Sec. 201. Reconciliation in the Senate.
TITLE III--RESERVE FUNDS
Sec. 301. Reserve fund for the uninsured.
Sec. 302. Reserve fund for health information technology.
Sec. 303. Reserve fund for the Asbestos Injury Trust Fund.
Sec. 304. Reserve fund for the safe importation of prescription drugs.
Sec. 305. Reserve fund for Secure Rural Schools and Community Self-
Determination Act Reauthorization.
Sec. 306. Reserve fund for comprehensive immigration reform.
Sec. 307. Reserve fund for Indian Claim Settlement.
Sec. 308. Reserve fund for the National Flood Insurance Program.
Sec. 309. Reserve fund to protect America's competitive edge.
Sec. 310. Reserve fund for Land and Water Conservation Fund.
Sec. 311. Deficit-neutral reserve fund for chronic care case
management.
Sec. 312. Reserve fund for receipts from Bonneville Power
Administration.
Sec. 313. Reserve fund for extension of the Medicare part D enrollment
period.
Sec. 314. Reserve fund for the negotiation of the best possible price
for prescription drugs through Medicare
part D.
Sec. 315. Reserve fund for pandemic influenza preparedness planning.
Sec. 316. Reserve fund to prevent catastrophic loss.
Sec. 317. Deficit-neutral reserve fund for energy legislation.
Sec. 318. United States response to global HIV/AIDS, tuberculosis, and
malaria.
Sec. 319. Reserve fund for the fire and safer programs.
Sec. 320. Reserve fund for physician payment increase under Medicare.
Sec. 321. Reserve fund a Commission for accountability and review of
Federal agencies.
Sec. 322. Deficit-neutral reserve fund for Gulf Coast Protection,
Reconstruction and Recovery Fund.
TITLE IV--ENFORCEMENT
Sec. 401. Restrictions on advance appropriations.
Sec. 402. Emergency legislation.
Sec. 403. Discretionary spending limits.
Sec. 404. Application and effect of changes in allocations and
aggregates.
Sec. 405. Adjustments to reflect changes in concepts and definitions.
Sec. 406. Direct spending limitation.
Sec. 407. Exercise of rulemaking powers.
TITLE I--RECOMMENDED LEVELS AND AMOUNTS
SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for each of fiscal
years 2006 through 2011:
(1) Federal revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are
as follows:
Fiscal year 2006: $1,694,455,000,000.
Fiscal year 2007: $1,791,029,000,000.
Fiscal year 2008: $1,916,175,000,000.
Fiscal year 2009: $2,013,680,000,000.
Fiscal year 2010: $2,123,149,000,000.
Fiscal year 2011: $2,204,105,000,000.
(B) The amounts by which the aggregate levels of
Federal revenues should be changed are as follows:
Fiscal year 2006: -$9,746,000,000.
Fiscal year 2007: -$28,570,000,000.
Fiscal year 2008: -$5,601,000,000.
Fiscal year 2009: -$17,891,000,000.
Fiscal year 2010: -$12,828,000,000.
Fiscal year 2011: -$152,966,000,000.
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new budget
authority are as follows:
Fiscal year 2006: $2,279,715,000,000.
Fiscal year 2007: $2,324,427,000,000.
Fiscal year 2008: $2,340,654,000,000.
Fiscal year 2009: $2,430,872,000,000.
Fiscal year 2010: $2,533,991,000,000.
Fiscal year 2011: $2,656,422,000,000.
(3) Budget outlays.--For purposes of the enforcement of
this resolution, the appropriate levels of total budget outlays
are as follows:
Fiscal year 2006: $2,246,519,000,000.
Fiscal year 2007: $2,348,772,000,000.
Fiscal year 2008: $2,381,975,000,000.
Fiscal year 2009: $2,442,802,000,000.
Fiscal year 2010: $2,532,095,000,000.
Fiscal year 2011: $2,646,631,000,000.
(4) Deficits.--For purposes of the enforcement of this
resolution, the amounts of the deficits are as follows:
Fiscal year 2006: -$552,064,000,000.
Fiscal year 2007: -$557,743,000,000.
Fiscal year 2008: -$465,800,000,000.
Fiscal year 2009: -$429,121,000,000.
Fiscal year 2010: -$408,945,000,000.
Fiscal year 2011: -$442,526,000,000.
(5) Debt subject to limit.--The appropriate levels of the
public debt are as follows:
Fiscal year 2006: $8,526,578,000,000.
Fiscal year 2007: $9,193,764,000,000.
Fiscal year 2008: $9,770,551,000,000.
Fiscal year 2009: $10,306,914,000,000.
Fiscal year 2010: $10,820,123,000,000.
Fiscal year 2011: $11,359,981,000,000.
(6) Debt held by the public.--The appropriate levels of
debt held by the public are as follows:
Fiscal year 2006: $4,966,840,000,000.
Fiscal year 2007: $5,339,951,000,000.
Fiscal year 2008: $5,603,302,000,000.
Fiscal year 2009: $5,813,158,000,000.
Fiscal year 2010: $5,984,796,000,000.
Fiscal year 2011: $6,173,711,000,000.
SEC. 102. SOCIAL SECURITY.
(a) Social Security Revenues.--The amounts of revenues of the
Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 2006: $608,408,000,000.
Fiscal year 2007: $641,747,000,000.
Fiscal year 2008: $676,433,000,000.
Fiscal year 2009: $711,760,000,000.
Fiscal year 2010: $747,339,000,000.
Fiscal year 2011: $782,032,000,000.
(b) Social Security Outlays.--The amounts of outlays of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund are as follows:
Fiscal year 2006: $425,033,000,000.
Fiscal year 2007: $442,275,000,000.
Fiscal year 2008: $458,076,000,000.
Fiscal year 2009: $476,224,000,000.
Fiscal year 2010: $496,886,000,000.
Fiscal year 2011: $516,292,000,000.
(c) Social Security Administrative Expenses.--In the Senate, the
amounts of new budget authority and budget outlays of the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund for administrative expenses are as follows:
Fiscal year 2006:
(A) New budget authority, $4,568,000,000.
(B) Outlays, $4,576,000,000.
Fiscal year 2007:
(A) New budget authority, $4,721,000,000.
(B) Outlays, $4,750,000,000
Fiscal year 2008:
(A) New budget authority, $4,862,000,000.
(B) Outlays, $4,836,000,000.
Fiscal year 2009:
(A) New budget authority, $5,009,000,000.
(B) Outlays, $4,983,000,000.
Fiscal year 2010:
(A) New budget authority, $5,159,000,000.
(B) Outlays, $5,133,000,000.
Fiscal year 2011:
(A) New budget authority, $5,314,000,000.
(B) Outlays, $5,287,000,000.
SEC. 103. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate levels of
new budget authority and outlays for fiscal years 2006 through 2011 for
each major functional category are:
(1) National Defense (050):
Fiscal year 2006:
(A) New budget authority, $561,144,000,000.
(B) Outlays, $525,955,000,000.
Fiscal year 2007:
(A) New budget authority, $549,428,000,000.
(B) Outlays, $554,525,000,000.
Fiscal year 2008:
(A) New budget authority, $482,972,000,000.
(B) Outlays, $516,021,000,000.
Fiscal year 2009:
(A) New budget authority, $502,842,000,000.
(B) Outlays, $509,108,000,000.
Fiscal year 2010:
(A) New budget authority, $512,906,000,000.
(B) Outlays, $512,220,000,000.
Fiscal year 2011:
(A) New budget authority, $523,915,000,000.
(B) Outlays, $522,977,000,000.
(2) International Affairs (150):
Fiscal year 2006:
(A) New budget authority, $31,936,000,000.
(B) Outlays, $34,193,000,000.
Fiscal year 2007:
(A) New budget authority, $31,843,000,000.
(B) Outlays, $34,743,600,000.
Fiscal year 2008:
(A) New budget authority, $34,181,000,000.
(B) Outlays, $33,022,700,000.
Fiscal year 2009:
(A) New budget authority, $34,147,000,000.
(B) Outlays, $32,948,700,000.
Fiscal year 2010:
(A) New budget authority, $33,921,000,000.
(B) Outlays, $32,397,000,000.
Fiscal year 2011:
(A) New budget authority, $34,314,000,000.
(B) Outlays, $32,115,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 2006:
(A) New budget authority, $24,936,000,000.
(B) Outlays, $24,059,000,000.
Fiscal year 2007:
(A) New budget authority, $26,417,000,000.
(B) Outlays, $25,338,000,000.
Fiscal year 2008:
(A) New budget authority, $27,446,000,000.
(B) Outlays, $26,279,000,000.
Fiscal year 2009:
(A) New budget authority, $28,493,000,000.
(B) Outlays, $27,395,000,000.
Fiscal year 2010:
(A) New budget authority, $29,710,000,000.
(B) Outlays, $28,525,000,000.
Fiscal year 2011:
(A) New budget authority, $30,989,000,000.
(B) Outlays, $29,745,000,000.
(4) Energy (270):
Fiscal year 2006:
(A) New budget authority, $1,829,000,000.
(B) Outlays, $2,030,000,000.
Fiscal year 2007:
(A) New budget authority, $2,412,000,000.
(B) Outlays, $1,105,000,000.
Fiscal year 2008:
(A) New budget authority, $2,638,000,000.
(B) Outlays, $673,000,000.
Fiscal year 2009:
(A) New budget authority, $2,417,000,000.
(B) Outlays, $930,500,000.
Fiscal year 2010:
(A) New budget authority, $2,290,000,000.
(B) Outlays, $944,500,000.
Fiscal year 2011:
(A) New budget authority, $2,194,000,000.
(B) Outlays, $803,500,000.
(5) Natural Resources and Environment (300):
Fiscal year 2006:
(A) New budget authority, $35,188,000,000.
(B) Outlays, $32,533,000,000.
Fiscal year 2007:
(A) New budget authority, $29,745,000,000.
(B) Outlays, $33,053,000,000.
Fiscal year 2008:
(A) New budget authority, $28,830,000,000.
(B) Outlays, $30,802,000,000.
Fiscal year 2009:
(A) New budget authority, $29,585,000,000.
(B) Outlays, $30,440,000,000.
Fiscal year 2010:
(A) New budget authority, $29,036,000,000.
(B) Outlays, $29,969,000,000.
Fiscal year 2011:
(A) New budget authority, $28,937,000,000.
(B) Outlays, $29,661,000,000.
(6) Agriculture (350):
Fiscal year 2006:
(A) New budget authority, $28,258,000,000.
(B) Outlays, $26,489,000,000.
Fiscal year 2007:
(A) New budget authority, $27,362,000,000.
(B) Outlays, $26,788,000,000.
Fiscal year 2008:
(A) New budget authority, $25,214,000,000.
(B) Outlays, $24,573,000,000.
Fiscal year 2009:
(A) New budget authority, $24,524,000,000.
(B) Outlays, $23,841,000,000.
Fiscal year 2010:
(A) New budget authority, $23,382,000,000.
(B) Outlays, $22,572,000,000.
Fiscal year 2011:
(A) New budget authority, $23,023,000,000.
(B) Outlays, $22,293,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 2006:
(A) New budget authority, $14,536,000,000.
(B) Outlays, $7,938,000,000.
Fiscal year 2007:
(A) New budget authority, $16,846,000,000.
(B) Outlays, $8,148,000,000.
Fiscal year 2008:
(A) New budget authority, $13,175,000,000.
(B) Outlays, $8,147,000,000.
Fiscal year 2009:
(A) New budget authority, $13,275,000,000.
(B) Outlays, $8,025,000,000.
Fiscal year 2010:
(A) New budget authority, $17,057,000,000.
(B) Outlays, $8,859,000,000.
Fiscal year 2011:
(A) New budget authority, $11,861,000,000.
(B) Outlays, $5,386,000,000.
(8) Transportation (400):
Fiscal year 2006:
(A) New budget authority, $74,858,000,000.
(B) Outlays, $70,889,000,000.
Fiscal year 2007:
(A) New budget authority, $80,480,000,000.
(B) Outlays, $77,789,400,000.
Fiscal year 2008:
(A) New budget authority, $81,293,000,000.
(B) Outlays, $78,758,600,000.
Fiscal year 2009:
(A) New budget authority, $72,888,000,000.
(B) Outlays, $78,336,000,000.
Fiscal year 2010:
(A) New budget authority, $72,936,000,000.
(B) Outlays, $77,837,000,000.
Fiscal year 2011:
(A) New budget authority, $73,487,000,000.
(B) Outlays, $77,842,000,000.
(9) Community and Regional Development (450):
Fiscal year 2006:
(A) New budget authority, $38,306,000,000.
(B) Outlays, $59,547,000,000.
Fiscal year 2007:
(A) New budget authority, $16,445,000,000.
(B) Outlays, $32,646,000,000.
Fiscal year 2008:
(A) New budget authority, $12,972,000,000.
(B) Outlays, $26,638,000,000.
Fiscal year 2009:
(A) New budget authority, $13,066,000,000.
(B) Outlays, $22,218,000,000.
Fiscal year 2010:
(A) New budget authority, $13,098,000,000.
(B) Outlays, $18,267,000,000.
Fiscal year 2011:
(A) New budget authority, $13,353,000,000.
(B) Outlays, $13,993,000,000.
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 2006:
(A) New budget authority, $112,611,000,000.
(B) Outlays, $106,461,000,000.
Fiscal year 2007:
(A) New budget authority, $88,940,000,000.
(B) Outlays, $89,357,000,000.
Fiscal year 2008:
(A) New budget authority, $87,710,000,000.
(B) Outlays, $87,301,000,000.
Fiscal year 2009:
(A) New budget authority, $87,579,000,000.
(B) Outlays, $86,560,000,000.
Fiscal year 2010:
(A) New budget authority, $86,993,000,000.
(B) Outlays, $86,122,000,000.
Fiscal year 2011:
(A) New budget authority, $86,958,000,000.
(B) Outlays, $86,167,000,000.
(11) Health (550):
Fiscal year 2006:
(A) New budget authority, $267,375,000,000.
(B) Outlays, $264,431,000,000.
Fiscal year 2007:
(A) New budget authority, $278,381,000,000.
(B) Outlays, $275,660,000,000.
Fiscal year 2008:
(A) New budget authority, $291,748,000,000.
(B) Outlays, $292,763,000,000.
Fiscal year 2009:
(A) New budget authority, $311,847,000,000.
(B) Outlays, $310,255,000,000.
Fiscal year 2010:
(A) New budget authority, $328,305,000,000.
(B) Outlays, $328,074,000,000.
Fiscal year 2011:
(A) New budget authority, $349,959,000,000.
(B) Outlays, $348,526,000,000.
(12) Medicare (570):
Fiscal year 2006:
(A) New budget authority, $336,887,000,000.
(B) Outlays, $331,524,000,000.
Fiscal year 2007:
(A) New budget authority, $382,068,000,000.
(B) Outlays, $387,541,000,000.
Fiscal year 2008:
(A) New budget authority, $411,150,000,000.
(B) Outlays, $411,217,000,000.
Fiscal year 2009:
(A) New budget authority, $440,764,000,000.
(B) Outlays, $440,455,000,000.
Fiscal year 2010:
(A) New budget authority, $470,247,000,000.
(B) Outlays, $470,523,000,000.
Fiscal year 2011:
(A) New budget authority, $520,312,000,000.
(B) Outlays, $520,350,000,000.
(13) Income Security (600):
Fiscal year 2006:
(A) New budget authority, $345,572,000,000.
(B) Outlays, $356,189,000,000.
Fiscal year 2007:
(A) New budget authority, $361,180,000,000.
(B) Outlays, $365,178,000,000.
Fiscal year 2008:
(A) New budget authority, $371,276,000,000.
(B) Outlays, $375,086,000,000.
Fiscal year 2009:
(A) New budget authority, $381,802,000,000.
(B) Outlays, $384,194,000,000.
Fiscal year 2010:
(A) New budget authority, $391,687,000,000.
(B) Outlays, $393,080,000,000.
Fiscal year 2011:
(A) New budget authority, $406,513,000,000.
(B) Outlays, $406,810,000,000.
(14) Social Security (650):
Fiscal year 2006:
(A) New budget authority, $14,820,000,000.
(B) Outlays, $14,820,000,000.
Fiscal year 2007:
(A) New budget authority, $17,022,000,000.
(B) Outlays, $17,022,000,000.
Fiscal year 2008:
(A) New budget authority, $18,914,000,000.
(B) Outlays, $18,914,000,000.
Fiscal year 2009:
(A) New budget authority, $20,794,000,000.
(B) Outlays, $20,794,000,000.
Fiscal year 2010:
(A) New budget authority, $22,966,000,000.
(B) Outlays, $22,966,000,000.
Fiscal year 2011:
(A) New budget authority, $26,580,000,000.
(B) Outlays, $26,580,000,000.
(15) Veterans Benefits and Services (700):
Fiscal year 2006:
(A) New budget authority, $72,041,000,000.
(B) Outlays, $69,843,000,000.
Fiscal year 2007:
(A) New budget authority, $74,817,000,000.
(B) Outlays, $73,792,000,000.
Fiscal year 2008:
(A) New budget authority, $76,984,000,000.
(B) Outlays, $77,333,000,000.
Fiscal year 2009:
(A) New budget authority, $77,907,000,000.
(B) Outlays, $78,204,000,000.
Fiscal year 2010:
(A) New budget authority, $78,360,000,000.
(B) Outlays, $78,496,000,000.
Fiscal year 2011:
(A) New budget authority, $82,561,000,000.
(B) Outlays, $82,487,000,000.
(16) Administration of Justice (750):
Fiscal year 2006:
(A) New budget authority, $40,707,000,000.
(B) Outlays, $40,769,000,000.
Fiscal year 2007:
(A) New budget authority, $49,988,250,000.
(B) Outlays, $48,926,250,000.
Fiscal year 2008:
(A) New budget authority, $41,977,000,000.
(B) Outlays, $44,447,000,000.
Fiscal year 2009:
(A) New budget authority, $42,523,000,000.
(B) Outlays, $43,787,000,000.
Fiscal year 2010:
(A) New budget authority, $42,885,000,000.
(B) Outlays, $43,350,000,000.
Fiscal year 2011:
(A) New budget authority, $43,930,000,000.
(B) Outlays, $43,740,000,000.
(17) General Government (800):
Fiscal year 2006:
(A) New budget authority, $18,831,000,000.
(B) Outlays, $18,969,000,000.
Fiscal year 2007:
(A) New budget authority, $20,357,000,000.
(B) Outlays, $19,753,000,000.
Fiscal year 2008:
(A) New budget authority, $18,536,000,000.
(B) Outlays, $18,530,000,000.
Fiscal year 2009:
(A) New budget authority, $20,878,000,000.
(B) Outlays, $20,698,000,000.
Fiscal year 2010:
(A) New budget authority, $18,049,000,000.
(B) Outlays, $17,939,000,000.
Fiscal year 2011:
(A) New budget authority, $18,679,000,000.
(B) Outlays, $18,512,000,000.
(18) Net Interest (900):
Fiscal year 2006:
(A) New budget authority, $317,020,000,000.
(B) Outlays, $317,020,000,000.
Fiscal year 2007:
(A) New budget authority, $354,399,000,000.
(B) Outlays, $354,399,000,000.
Fiscal year 2008:
(A) New budget authority, $384,507,000,000.
(B) Outlays, $384,507,000,000.
Fiscal year 2009:
(A) New budget authority, $407,197,000,000.
(B) Outlays, $407,197,000,000.
Fiscal year 2010:
(A) New budget authority, $429,151,000,000.
(B) Outlays, $429,151,000,000.
Fiscal year 2011:
(A) New budget authority, $451,390,000,000.
(B) Outlays, $451,390,000,000.
(19) Allowances (920):
Fiscal year 2006:
(A) New budget authority, $0.
(B) Outlays, $0.
Fiscal year 2007:
(A) New budget authority, -$15,105,250,000.
(B) Outlays, -$7,551,250,000.
Fiscal year 2008:
(A) New budget authority, $-2,132,000,000.
(B) Outlays, -$4,628,300,000.
Fiscal year 2009:
(A) New budget authority, $-2,166,000,000.
(B) Outlays, -$3,375,700,000.
Fiscal year 2010:
(A) New budget authority, -$2,201,000,000.
(B) Outlays, -$2,596,000,000.
Fiscal year 2011:
(A) New budget authority, -$2,236,000,000.
(B) Outlays, -$2,487,000,000.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 2006:
(A) New budget authority, -$57,140,000,000.
(B) Outlays, -$57,140,000,000.
Fiscal year 2007:
(A) New budget authority, -$68,598,000,000.
(B) Outlays, -$69,440,000,000.
Fiscal year 2008:
(A) New budget authority, -$68,737,000,000.
(B) Outlays, -$68,409,000,000.
Fiscal year 2009:
(A) New budget authority, -$79,489,000,000.
(B) Outlays, -$79,208,000,000.
Fiscal year 2010:
(A) New budget authority, -$66,787,000,000.
(B) Outlays, -$66,600,000,000.
Fiscal year 2011:
(A) New budget authority, -$70,297,000,000.
(B) Outlays, -$70,260,000,000.
TITLE II--RECONCILIATION
SEC. 201. RECONCILIATION IN THE SENATE.
The Committee on Energy and Natural Resources shall report to the
Senate a reconciliation bill not later than May 16, 2006, that consists
of changes in laws within its jurisdiction sufficient to reduce budget
authority and outlays by $3,000,000,000 for the period of fiscal years
2007 through 2011.
TITLE III--RESERVE FUNDS
SEC. 301. RESERVE FUND FOR THE UNINSURED.
If--
(1) the Committee on Finance or the Committee on Health,
Education, Labor, and Pensions of the Senate reports a bill or
joint resolution, or if an amendment is offered thereto, or if
a conference report is submitted thereon, that--
(A) addresses health care costs, coverage, or care
for the uninsured;
(B) provides--
(i) safety net access to integrated and
other health care services; or
(ii) increases the number of people with
health insurance, provided that such increase
is not obtained primarily as a result of
increasing premiums for the currently insured;
(C) increases access to coverage through mechanisms
that decrease the growth of health care costs,
including tax measures (such as tax credits and
deductibility) market-based measures (such as
regulatory reforms, consumer-directed initiatives) and
other measures targeted to key segments of the
uninsured, including individuals without employer-
sponsored coverage, college students, recent graduates,
or chronically ill individuals); and
(D) improves the transparency of the cost and
quality for medical care; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
SEC. 302. RESERVE FUND FOR HEALTH INFORMATION TECHNOLOGY.
If--
(1) the Committee on Finance or the Committee on Health,
Education, Labor, and Pensions of the Senate reports a bill or
joint resolution, or if an amendment is offered thereto or if a
conference report is submitted thereon, that--
(A) provides incentives or other support for
adoption of modern information technology to improve
quality in health care; and
(B) provides for performance-based payments, which
are based on accepted clinical performance measures
that improve the quality in health care; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and the
period of fiscal years 2007 through 2011.
SEC. 303. RESERVE FUND FOR THE ASBESTOS INJURY TRUST FUND.
If--
(1) the Committee on Judiciary reports legislation, or if
an amendment is offered thereto or if a conference report is
submitted thereon, that--
(A) provides monetary compensation to impaired
victims of asbestos-related disease who can establish
that asbestos exposure is a substantial contributing
factor in causing their condition;
(B) does not provide monetary compensation to the
unimpaired claimants or those suffering from a disease
who cannot establish that asbestos exposure was a
substantial contributing factor in causing their
condition; and
(C) is estimated to remain funded from nontaxpayer
sources for the life of the fund; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for the period of fiscal
years 2007 through 2057.
SEC. 304. RESERVE FUND FOR THE SAFE IMPORTATION OF PRESCRIPTION DRUGS.
If--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate reports a bill or joint resolution, or an
amendment is offered thereto or a conference report is
submitted thereon, that permits the safe importation of
prescription drugs approved by the Food and Drug Administration
from specified countries with strong safety laws; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
SEC. 305. RESERVE FUND FOR SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT REAUTHORIZATION.
If--
(1) the Committee on Energy and Natural Resources of the
Senate reports a bill or joint resolution, or an amendment is
offered thereto or a conference report is submitted thereon,
that provides for reauthorization of the Secure Rural Schools
and Community Self-Determination Act (Public Law 106-393); and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
SEC. 306. RESERVE FUND FOR COMPREHENSIVE IMMIGRATION REFORM.
If--
(1) the Committee on the Judiciary of the Senate reports a
bill or joint resolution, or an amendment is offered thereto or
a conference report is submitted thereon, that--
(A) provides for comprehensive immigration reform;
(B) provides for increased interior enforcement
including legal employment verification; and
(C) provides for increased border security and
enhanced information technology systems; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for the fiscal year 2007 and
for the period of fiscal years 2007 through 2011.
SEC. 307. RESERVE FUND FOR INDIAN CLAIM SETTLEMENT.
If--
(1) the Select Committee on Indian Affairs of the Senate
reports a bill or joint resolution, or an amendment is offered
thereto or a conference report is submitted thereon, that--
(A) creates an Indian accounting claims settlement
fund for trust accounting deficiencies related to
Individual Indian Moneys accounts;
(B) extinguishes all claims arising before the date
of enactment for losses resulting from accounting
errors, mismanagement, or interest owed in connection
with Individual Indian Moneys accounts; and
(C) provides for new accounting practices for the
Individual Indian Moneys accounts; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
SEC. 308. RESERVE FUND FOR THE NATIONAL FLOOD INSURANCE PROGRAM.
If--
(1) the Committee on Banking, Housing, and Urban Affairs
reports a bill or joint resolution, or an amendment is offered
thereto or a conference report is submitted thereon, that--
(A) establishes more actuarially sound rates on
policies issued by the National Flood Insurance
Program;
(B) phases out flood insurance subsidies on pre-
FIRM structures not used as primary residences;
(C) denies flood insurance to repeatedly flooded
properties not used as primary residences and make such
other program reforms that would mitigate flood
insurance losses in future natural disasters; and
(D) takes action to forgive the debt that the
National Flood Insurance Program owes to the Treasury
and provides an appropriation, not borrowing authority,
to pay outstanding flood insurance claims; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates by the amount provided by
that measure for the purpose of liquidating the National Flood
Insurance Fund's remaining contractual obligations resulting from
claims made as a result of floods that occurred in 2005, but not to
exceed $5,600,000,000 in new budget authority for fiscal year 2006 or
2007 for that purpose.
SEC. 309. RESERVE FUND TO PROTECT AMERICA'S COMPETITIVE EDGE.
(a) Health, Education, Labor, and Pensions.--If--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate reports a bill or joint resolution, or if an
amendment is offered thereto, or if a conference report is
submitted thereon, that--
(A) increases the number of students and graduates
pursuing science, technology, engineering and math
(STEM) or foreign language courses, degrees and
occupations; or
(B) improves educational programs in these fields;
and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
(b) Energy and Natural Resources.--If--
(1) the Committee on Energy and Natural Resources of the
Senate reports a bill or joint resolution, or if an amendment
is offered thereto, or if a conference report is submitted
thereon, that--
(A) increases investment in basic and applied
research at the Department of Energy; or
(B) improves educational opportunities in math,
science, or engineering; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
(c) Commerce, Science, and Transportation.--If--
(1) the Committee on Commerce, Science, and Transportation
of the Senate reports a bill or joint resolution, or if an
amendment is offered thereto, or if a conference report is
submitted thereon, that--
(A) increases investment in basic and applied
research at the National Aeronautics and Space
Administration, the National Institute of Science and
Technology, and the National Science Foundation; or
(B) improves quality, coordination, or support for
such research; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
(d) Finance.--If--
(1) the Committee on Finance of the Senate reports a bill
or joint resolution, or if an amendment is offered thereto, or
if a conference report is submitted thereon, that--
(A) improves America's trade competitiveness or
enforcement; or
(B) fosters health care information technology or
pay-for-performance; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
SEC. 310. RESERVE FUND FOR LAND AND WATER CONSERVATION FUND.
(a) Energy and Natural Resources.--If--
(1) the Committee on Energy and Natural Resources reports a
bill or joint resolution, or an amendment is offered thereto,
or a conference report is submitted thereon, that--
(A) permits exploration and production of oil in
the 1002 Area of the Arctic National Wildlife Refuge;
and
(B)(i) such measure is enacted; and
(ii) the reconciliation instruction set out in
section 201 is met; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget of the Senate may make the
adjustments described in subsections (b) and (c).
(b) Adjustment for Implementation of Energy Policy Act of 2005.--If
the Committee on Appropriations of the Senate reports a bill or joint
resolution, or if an amendment is offered thereto or a conference
report is submitted thereon that makes available a portion of the
receipts resulting from enactment of the legislation described in
subsection (a) for programs to implement the Energy Policy Act of 2005
(Public Law 109-58), the chairman of the Committee on the Budget may
revise committee allocations for that committee and other appropriate
budgetary aggregates and allocations of new budget authority and
outlays by the amount provided by that measure for that purpose, but
the adjustment may not exceed $150,000,000 in new budget authority in
each of fiscal years 2009 through 2011.
(c) Adjustment for the Land and Water Conservation Fund Programs
and Additional Land Conservation Programs.--If the Committee on
Appropriations of the Senate reports a bill or joint resolution, or if
an amendment is offered thereto or a conference report is submitted
thereon that--
(1) provides funding for the programs described in this
subsection at least at the previous year's levels, adjusted for
inflation; and
(2) makes available a portion of the receipts resulting
from enactment of the legislation described in subsection (a)
for--
(A) the Land and Water Conservation Fund;
(B) the Federal Land Acquisition and Stateside
Grant Programs;
(C) the Coastal and Estuarine Land Protection
Program; and
(D) the Forest Legacy Program;
the chairman of the Committee on the Budget may revise committee
allocations for that committee and other appropriate budgetary
aggregates and allocations of new budget authority and outlays by the
amount provided by that measure for that purpose, but the adjustment
may not exceed $350,000,000 in new budget authority in each of fiscal
years 2009 through 2011.
SEC. 311. DEFICIT-NEUTRAL RESERVE FUND FOR CHRONIC CARE CASE
MANAGEMENT.
If the Senate Committee on Finance reports a bill or joint
resolution, or an amendment is offered thereto or a conference report
is submitted thereon, that would provide $1,750,000,000 to the Centers
for Medicare and Medicaid Services (CMS) to create a demonstration
project or program that assigns a case manager to coordinate the care
of chronically-ill and other high-cost Medicare beneficiaries in
traditional fee-for-service Medicare, the Chairman of the Senate
Committee on the Budget may revise the allocations, aggregates, and
other appropriate levels and limits in this resolution by the amount
provided in such measure for that purpose, provided that such
legislation would not increase the deficit for the period of fiscal
years 2007 through 2011.
SEC. 312. RESERVE FUND FOR RECEIPTS FROM BONNEVILLE POWER
ADMINISTRATION.
If--
(1) the Committee on Energy and Natural Resources of the
Senate reports a bill or joint resolution, or an amendment is
offered thereto or a conference report is submitted thereon,
that prohibits the Bonneville Power Administration from making
early payments on its Federal Bond Debt to the United States
Treasury; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on the Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for the fiscal year 2007 and
for the period of fiscal years 2007 through 2011.
SEC. 313. RESERVE FUND FOR EXTENSION OF THE MEDICARE PART D ENROLLMENT
PERIOD.
If the Committee on Finance of the Senate reports a bill, or if an
amendment is offered thereto, or if a conference report is submitted
thereon, that--
(1) authorizes the Secretary of Health and Human Services
to extend the initial open enrollment period under part D of
title XVIII of the Social Security Act beyond May 15, 2006;
(2) provides funding to the Centers for Medicare & Medicaid
Services and the Social Security Administration for the purpose
of conducting enrollment activities for the period of any
extension of the initial open enrollment period;
(3) waives the application of the late enrollment penalty
for the period of any extension of the initial open enrollment
period; and
(4) permits beneficiaries to change their enrollment
election in such part D once during the initial open enrollment
period, including throughout any extension of the initial open
enrollment period;
the Chairman of the Committee on the Budget of the Senate may make the
appropriate adjustments in allocations and aggregates to the extent
that such legislation would not increase the deficit for fiscal year
2007 and for the period of fiscal years 2007 through 2011.
SEC. 314. RESERVE FUND FOR THE NEGOTIATION OF THE BEST POSSIBLE PRICE
FOR PRESCRIPTION DRUGS THROUGH MEDICARE PART D.
The Chairman of the Committee on the Budget of the Senate may
revise the aggregates, allocations, functional totals, and other
appropriate levels and limits in this resolution upon enactment of
legislation that allows the Secretary of Health and Human Services to
use the collective purchasing power of 40,000,000 Medicare
beneficiaries to negotiate the best possible prices for prescription
drugs provided through part D of title XVIII of the Social Security Act
in fallback plans and, if asked, by private drug plans, and in other
circumstances, but not permitting price setting or a uniform formulary,
by the amount of savings in that legislation, to ensure that those
savings are reserved for deficit reduction or to improve the Medicare
part D drug benefit.
SEC. 315. RESERVE FUND FOR PANDEMIC INFLUENZA PREPAREDNESS PLANNING.
If the Committee on Health, Education, Labor, and Pensions of the
Senate reports a bill or joint resolution, or if an amendment is
offered thereto, or if a conference report is submitted thereon, that--
(1) rebuilds the vaccine industry in the United States
which has shrunk from over 25 to less than 5 companies;
(2) improves the United States capacity to produce life-
saving pandemic influenza vaccines and antivirals;
(3) ensures adequate funding for advanced development and
acquisition of needed medical countermeasures for biodefense
and pandemic influenza protection;
(4) enhances the Strategic National Stockpile of pandemic
influenza vaccines, antivirals, and other medical products;
(5) strengthens the Federal, State, and local public health
infrastructure to effectively respond to a pandemic influenza
outbreak;
(6) increases the domestic and international surveillance
and outbreak containment capabilities; and
(7) improves public awareness and education of pandemic
influenza preparedness planning;
assuming that the Committee is within its allocation as provided under
section 302 (a) of the Congressional Budget Act of 1974, the chairman
of the Committee on the Budget may make the appropriate adjustments in
allocations and aggregates to the extent that such legislation would
not increase the deficit for fiscal years 2007 and for the period of
fiscal years 2007 through 2011.
SEC. 316. RESERVE FUND TO PREVENT CATASTROPHIC LOSS.
If--
(1) the Committee on Environment and Public Works of the
Senate reports a bill or joint resolution, or if an amendment
is offered thereto, or if a conference report is submitted
thereon, that increases investment in measures designed to
prevent catastrophic flood and hurricane damage in coastal
areas such that--
(A) the measures, when completed, will likely
decrease future expenditures from the Disaster Relief
Fund;
(B) the increases do not exceed $10,000,000,000;
and
(C) the measures are certified by the President as
likely to prevent loss of life and property; and
(2) that Committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a));
the Chairperson of the Committee on Budget of the Senate may make the
appropriate adjustments in the allocations and aggregates to the extent
that such legislation would not increase the deficit for the fiscal
year 2007 and for the period of fiscal years 2007 through 2011.
SEC. 317. DEFICIT-NEUTRAL RESERVE FUND FOR ENERGY LEGISLATION.
The Chairman of the Senate Committee on the Budget may revise the
allocations, aggregates, and other appropriate levels and limits in
this resolution for a bill or joint resolution, or an amendment thereto
or conference report thereon, that would reduce our Nation's dependence
on foreign sources of energy, expand production and use of alternative
fuels and alternative fuel vehicles, promote renewable energy
development, improve electricity transmission, encourage responsible
development of domestic oil and natural gas resources, and reward
conservation and efficiency, by the amounts provided in such
legislation for that purpose, provided that such legislation would not
increase the deficit in fiscal year 2007 or over the total of the
period of fiscal years 2007 through 2011, and provided that the
committee or committees of jurisdiction are within their 302(a)
allocations.
SEC. 318. UNITED STATES RESPONSE TO GLOBAL HIV/AIDS, TUBERCULOSIS, AND
MALARIA.
Congress makes the following findings:
(1) The HIV/AIDS pandemic has reached staggering
proportions. Over 40,000,000 people are living with HIV/AIDS
worldwide, and 5,000,000 more people become infected each year.
HIV/AIDS is estimated to kill 3,000,000 men, women, and
children each year.
(2) The United States was the first, and remains the
largest, contributor to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (referred to in this section as the
``Global Fund'').
(3) The Presidential Administration of George W. Bush
(referred to in this section as the ``Administration'') has
supported legislative language that links United States
contributions to the Global Fund to the contributions of other
donors, permitting the United States to provide 33 percent of
all donations, which would match contributions on a 1-to-2
basis.
(4) As of the date of the approval of this Resolution,
Congress has provided \1/3\ of all donations to the Global Fund
since its inception.
(5) The Global Fund currently estimates that during fiscal
year 2007, it will renew $1,600,000,000 worth of effective
programs that are already operating on the ground, and the
Administration and Global Fund Board have said that renewals of
existing grants should receive priority funding.
(6) The Global Fund estimates that during fiscal year 2007,
it could award $1,000,000,000 in funding to proposals submitted
for Round 6.
(7) For fiscal year 2007, the President has requested
$300,000,000 for the United States contribution to the Global
Fund.
(8) The Global Fund is an important component of the United
States efforts to combat AIDS, tuberculosis, and malaria, and
supports approximately 350 projects in 130 countries.
(9) Through a mid-year review process, Congress and the
Administration will assess contributions to date and
anticipated contributions to the Global Fund, and ensure that
United States contributions, at year end, are at the
appropriate 1-to-2 ratio.
(10) Congress and the Administration will monitor
contributions to the Global Fund to ensure that United States
contributions do not exceed \1/3\ of the Global Fund's
revenues.
(11) The United States will need to contribute $566,000,000
more than the President's fiscal year 2007 request for the
Global Fund to--
(A) fund \1/3\ of renewals during fiscal year 2007;
(B) support at least 1 new round of proposals in
fiscal year 2007; and
(C) maintain the 1-to-2 funding ratio.
SEC. 319. RESERVE FUND FOR THE FIRE AND SAFER PROGRAMS.
If a bill or joint resolution is offered, or an amendment is
offered thereto, or a conference report is submitted thereon, that
provides firefighters and fire departments with critical resources
under the Assistance to Firefighters Grant and the Staffing for
Adequate Fire and Emergency Response Firefighters Grant, the Chairman
of the Committee on Budget shall adjust the revenue aggregates and
other appropriate aggregates, levels, and limits in their resolution to
reflect such legislation to the extent that such legislation would not
increase the deficit for fiscal year 2007 and for the period of fiscal
years 2007 through 2011.
SEC. 320. RESERVE FUND FOR PHYSICIAN PAYMENT INCREASE UNDER MEDICARE.
If--
(1) the Committee on Finance reports a bill, or if an
amendment is offered thereto, or if a conference report is
submitted thereon, that has the effect of increasing the
reimbursement rate for physician services under section 1848(d)
of the Social Security Act; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the Chairman of the Committee on the Budget of the Senate may make the
appropriate adjustments in allocations and aggregates to the extent
that such legislation would not increase the deficit for fiscal year
2007 and for the period of fiscal years 2007 through 2011.
SEC. 321. RESERVE FUND A COMMISSION FOR ACCOUNTABILITY AND REVIEW OF
FEDERAL AGENCIES.
If--
(1) the Homeland Security and Governmental Affairs
Committee of the Senate reports a bill or joint resolution, or
an amendment is offered thereto or a conference report is
submitted thereon, that creates a Commission for the review of
the performances of Federal agencies, with the purpose of
recommending legislation to realign or eliminate programs or
agencies that are wasteful, duplicative, inefficient, outdated,
irrelevant, or failed; and
(2) the committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the chairman of the Committee on Budget may make the appropriate
adjustments in allocations and aggregates to the extent that such
legislation would not increase the deficit for fiscal year 2007 and for
the period of fiscal years 2007 through 2011.
SEC. 322. DEFICIT-NEUTRAL RESERVE FUND FOR GULF COAST PROTECTION,
RECONSTRUCTION AND RECOVERY FUND.
If--
(1) the Committee on Commerce, Science, and Transportation
of the Senate or the Committee on Energy and Natural Resources
of the Senate, or both Committees, reports a bill or joint
resolution, or if an amendment is offered thereto, or if a
conference report is submitted thereon, that creates a Gulf
Coast Protection, Reconstruction and Recovery Fund to provide
assistance to coastal States for coastal conservation,
mitigation and resource protection activities, or other
purposes, based on the allocation formula provided in section
31 of the Outer Continental Shelf Lands Act that is funded
$10,000,000,000 from the following sources or any combination
of funds thereof--
(A) Receipts deposited into the Digital Television
Transition and Public Safety Fund that exceed estimates
of the Congressional Budget Office for the Deficit
Reduction Act of 2005 at the time of enactment;
(B) Receipts (including bonus bids, rents,
royalties, and payments associated with royalties in
kind) from the Arctic National Wildlife Refuge, if the
Committee on Energy and Natural Resources of the Senate
reports a bill, and such measure is enacted, to
establish oil exploration and production in the Arctic
National Wildlife Refuge;
(C) Receipts equal to the amount of receipts
received by the United States Government attributable
to offshore energy production (including bonus bids,
rents, royalties, and payments associated with
royalties in kind) for each year that exceed estimates
of the Congressional Budget Office as of March 16,
2006; and
(2) that committee is within its allocation as provided
under section 302(a) of the Congressional Budget Act of 1974;
the Chairman of the Committee on the Budget of the Senate may make the
appropriate adjustments in allocations and aggregates to the extent
that such legislation would not increase the deficit for fiscal year
2007 and for the period of fiscal years 2007 through 2011.
TITLE IV--ENFORCEMENT
SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS.
(a) Point of Order.--
(1) In general.--Except as provided in paragraph (2), it
shall not be in order in the Senate to consider any bill, joint
resolution, motion, amendment, or conference report that would
provide an advance appropriation.
(2) Advance appropriation.--An advance appropriation may be
provided for the fiscal years 2008 and 2009 for programs,
projects, activities, or accounts identified in the joint
explanatory statement of managers accompanying this resolution
under the heading ``accounts identified for advance
appropriations'' in an aggregate amount not to exceed
$30,158,000,000 in new budget authority in each year.
(3) Operation of point of order.--It shall be in order for
a Senator to raise a single point of order that several
provisions of a bill, resolution, amendment, motion, or
conference report violate paragraph (1). The Presiding Officer
may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of order.
If the Presiding Officer so sustains the point of order as to
some of the provisions (including provisions of an amendment,
motion, or conference report), then only those provisions
(including provisions of an amendment, motion, or conference
report) shall be deemed stricken pursuant to this subsection.
(4) Waiver and appeal.--Before the Presiding Officer rules
on a point of order under paragraph (1), any Senator may move
to waive such a point of order as it applies to some or all of
the provisions against which the point of order was raised.
Such a motion to waive is amendable in accordance with the
rules and precedents of the Senate. Paragraph (1) may be waived
or suspended in the Senate only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn. After the
Presiding Officer rules on a point of order under paragraph
(1), any Senator may appeal the ruling of the Presiding Officer
as it applies to some or all of the provisions. An affirmative
vote of three-fifths of the Members of the Senate, duly chosen
and sworn, shall be required to sustain an appeal of the ruling
of the Chair on a point of order raised under paragraph (1).
(5) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or a joint resolution, upon--
(A) a point of order being made under subsection
(a); and
(B) such a point of order being sustained,
such material contained in such conference report or amendment
shall be deemed stricken, and the Senate shall proceed to
consider whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House
amendment with a further amendment, as the case may be, and the
matter stricken may not be offered as an amendment from the
floor.
(6) Advance appropriation.--In this subsection, the term
``advance appropriation'' means any new budget authority
provided in a bill or joint resolution making general
appropriations or continuing appropriations for fiscal year
2007 that first becomes available for any fiscal year after
2007 or any new budget authority provided in a bill or joint
resolution making general appropriations or continuing
appropriations for fiscal year 2008, that first becomes
available for any fiscal year after 2008.
SEC. 402. EMERGENCY LEGISLATION.
(a) Budgetary Treatment of Emergency Legislation.--
(1) Authority to designate.--With respect to a provision of
direct spending or receipts legislation or appropriations for
discretionary accounts that Congress designates as an emergency
requirement in a measure, the amounts of new budget authority,
outlays, and receipts in all fiscal years resulting from that
provision shall be treated as an emergency requirement for the
purposes of this subsection.
(2) Exemption of emergency provisions.--As limited in
paragraph (3), any new budget authority, outlays, and receipts
resulting from any provision designated as an emergency
requirement, pursuant to this subsection, in any bill, joint
resolution, amendment, or conference report shall not count for
purposes of sections 302 and 311 of the Congressional Budget
Act of 1974, section 403 of this resolution (relating to
discretionary spending limits in the Senate), section 406 of
this resolution (relating to limits on direct spending),
section 407 of the concurrent resolution on the budget for
Fiscal Year 2006, H. Con. Res. 95 (relating to the long term
direct spending), and section 505 of the Concurrent Resolution
on the Budget for Fiscal Year 2004, H. Con. Res. 95 (relating
to the paygo requirement in the Senate), until the adoption of
a subsequent budget resolution.
(3) Limitation.--For fiscal year 2007 the total exemption
under paragraph (2) for emergencies shall not exceed
$86,300,000,000 in new budget authority and outlays associated
with the budget authority for the global war on terrorism and
other emergencies, of which--
(A) $50,000,000,000 in new budget authority (and
outlays associated with the budget authority) may be
available for the global war on terrorism; and
(B) $2,000,000,000 in new budget authority (and
outlays associated with the budget authority) may be
made available for United States border security
initiatives; and
(C) $2,300,000,000 in new budget authority (and
outlays associated with the budget authority) may be
available for pandemic influenza initiatives.
(4) Point of order.--When the Senate is considering a bill,
resolution, amendment, motion, or conference report, if a point
of order is made by a Senator against an emergency designation
in that measure, that provision making such a designation shall
be stricken from the measure and may not be offered as an
amendment from the floor.
(5) Exception for defense spending.--Paragraph (4) shall
not apply against an emergency designation for a provision
making discretionary appropriations under the defense function
(050), subject to the limitation set forth in paragraph (3).
(6) Operation of point of order.--It shall be in order for
a Senator to raise a single point of order against several
emergency designations in a bill, resolution, amendment,
motion, or conference report. The language making the
designations shall be stricken from the measure and may not be
offered as amendments from the floor.
(7) Waiver and appeal.--Before the emergency designation or
designations are stricken pursuant to paragraph (4), any
Senator may move to waive such a point of order as it applies
to some or all of the provisions against which the point of
order was raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate.
Paragraph (4) may be waived or suspended in the Senate only by
an affirmative vote of three-fifths of the Members, duly chosen
and sworn. After the Presiding Officer strikes the designation
on such a point of order, any Senator may appeal the action of
the Presiding Officer as it applies to some or all of the
provisions. An affirmative vote of three-fifths of the Members
of the Senate, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point of
order raised under paragraph (4).
(8) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or a joint resolution, upon--
(A) a point of order being made in paragraph (4);
and
(B) such a point of order being sustained, the
emergency designation in such conference report or
amendment shall be deemed stricken, and the Senate
shall proceed to consider whether the Senate shall
recede from its amendment and concur with a further
amendment, or concur in the House amendment with a
further amendment, as the case may be, and the matter
stricken may not be offered as an amendment from the
floor.
(b) Definitions and Criteria.--
(1) Definitions.--
(A) In general.--In this subsection, the terms
``direct spending'', ``receipts'', and ``appropriations
for discretionary accounts'' means any provision of a
bill, joint resolution, amendment, motion, or
conference report that affects direct spending,
receipts, or appropriations as those terms have been
defined and interpreted for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(B) Designation.--Subject to the limitation in
subsection (a)(3), for purposes of paragraph (4), a
provision shall be considered an emergency designation
if it designates any item as an emergency requirement
pursuant to this subsection.
(2) Designations.--If a provision of legislation is
designated as an emergency requirement under this subsection,
the committee report and any statement of managers accompanying
that legislation shall include an explanation of the manner in
which the provision meets the criteria in paragraph (3).
(3) Criteria.--
(A) In general.--Subject to the limitation in
subsection (a)(3), any provision may be designated as
an emergency requirement if the situation addressed by
such provision is--
(i) necessary, essential, or vital (not
merely useful and beneficial);
(ii) sudden, quickly coming into being, and
not building up over time;
(iii) an urgent, pressing, and compelling
need requiring immediate action;
(iv) subject to subparagraph (B),
unforeseen, unpredictable, and unanticipated;
and
(v) not permanent, temporary in nature.
(B) Unforeseen.--An emergency that is part of
aggregate level of anticipated emergencies,
particularly when normally estimated in advance, is not
unforeseen.
SEC. 403. DISCRETIONARY SPENDING LIMITS.
(a) Discretionary Spending Limits.--As used in this section, the
term ``discretionary spending limit'' means--
(1) for fiscal year 2006, $900,927,000,000 in new budget
authority and $1,002,145,000,000 in outlays for the
discretionary category;
(2) for fiscal year 2007, $881,456,000,000 in new budget
authority and $970,789,000,000 in outlays for the discretionary
category;
(3) for fiscal year 2008, $895,820,000,000 in new budget
authority for the discretionary category; and
(4) for fiscal year 2009, $919,215,000,000 in new budget
authority for the discretionary category; as adjusted in
conformance with the adjustment procedures in subsection (d).
(b) Discretionary Spending Point of Order.--
(1) In general.--Except as otherwise provided in this
subsection, it shall not be in order to consider any bill or
joint resolution (or amendment, motion, or conference report on
that bill or joint resolution) that would cause the
discretionary spending limits in this section to be exceeded.
(2) Waiver and appeal.--Before the Presiding Officer rules
on a point of order under this subsection, any Senator may move
to waive such a point of order. Such a motion to waive is
amendable in accordance with the rules and precedents of the
Senate. The point of order may be waived or suspended in the
Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. After the Presiding Officer
rules on such a point of order, any Senator may appeal the
ruling of the Presiding Officer. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn,
shall be required to sustain an appeal of the ruling of the
Chair on the point of order.
(c) Procedure for Adjustments.--
(1) In general.--
(A) Chairman.--After the reporting of a bill or
joint resolution, or the offering of an amendment
thereto or the submission of a conference report
thereon, the chairman of the Committee on the Budget
may make the adjustments set forth in subparagraph (B)
for the amount of new budget authority and outlays in
that measure (if that measure meets the requirements
set forth in paragraph (2)) and the outlays flowing
from that budget authority.
(B) Matters to be adjusted.--The adjustments
referred to in subparagraph (A) are to be made to--
(i) the discretionary spending limits, if
any, set forth in the appropriate concurrent
resolution on the budget; and
(ii) the allocations made pursuant to the
concurrent resolution on the budget pursuant to
section 302(a) of the Congressional Budget Act
of 1974.
(2) Amounts of adjustments.--The adjustment referred to in
paragraph (1) shall be an amount provided for fiscal year 2007
if a bill or joint resolution is reported making appropriations
for fiscal year 2007 that appropriates $6,824,000,000 to the
Internal Revenue Service for enhanced tax enforcement to
address the ``Federal tax gap'' and provides an additional
appropriation of $500,000,000 to the Internal Revenue Service
for enhanced tax enforcement to address the ``Federal tax gap''
then the chairman of the Committee on the Budget of the Senate
may make the adjustments in paragraph (c)(1)(B).
(3) Reporting revised suballocations.--Following any
adjustment made under paragraph (1), the Committee on
Appropriations of the Senate shall report appropriately revised
suballocations under section 302(b) of the Congressional Budget
Act of 1974 to carry out this subsection.
SEC. 404. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES.
(a) Application.--Any adjustments of allocations and aggregates
made for any measure of legislation pursuant to this resolution shall--
(1) apply while that measure is under consideration;
(2) take effect upon the enactment of that measure; and
(3) be printed in the Congressional Record as soon as
practicable.
(b) Effect of Changed Allocations and Aggregates.--Revised
allocations and aggregates resulting from these adjustments shall be
considered for the purposes of the Congressional Budget Act of 1974 as
allocations and aggregates contained in this resolution.
(c) Budget Committee Determinations.--For purposes of this
resolution, the levels of new budget authority, outlays, direct
spending, new entitlement authority, revenues, deficits, and surpluses
for a fiscal year or period of fiscal years shall be determined on the
basis of estimates made by the chairman of the Committee on the Budget.
SEC. 405. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.
Upon the enactment of a bill or joint resolution providing for a
change in concepts or definitions, the chairman of the Committee on the
Budget may make adjustments to the levels and allocations in this
resolution in accordance with section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (as in effect prior to September
30, 2002).
SEC. 406. DIRECT SPENDING LIMITATION.
(a) Medicare Funding Warning.--The chairman of the Committee on the
Budget may submit to the Senate a notification of a Medicare funding
warning. Such warning is defined as a projection that within 7 years
General Fund contributions to Medicare funding expressed as a
percentage of total Medicare outlays, exceed 45 percent.
(b) Point of Order.--It shall not be in order to consider any bill,
joint resolution, amendment or conference report that would cause any
increase in direct spending, net of proposals to change in direct
spending, receipts, or revenues contained in the measure, if a Medicare
Funding warning has been submitted to the Senate pursuant to subsection
(a) for 2 consecutive calendar years.
(c) Waiver.--This section may be waived or suspended only by an
affirmative vote of three-fifths of the members, duly chosen and sworn.
(d) Appeals.--An affirmative vote of three-fifths of the Members,
duly chosen and sworn, shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised under this section.
(e) Determinations.--For the purposes of this section, the
determination of whether Medicare funding warrants a funding warning
and when it may be appropriate to withdraw such warning, as well as the
levels of net direct spending as required under subsection (b), shall
be provided by the chairman of the Committee on the Budget.
(f) Cancellation.--Should legislation be enacted to reduce the
general fund contribution below 45 percent as determined by the
chairman of the Committee on the Budget, the notification of a Medicare
funding warning is withdrawn.
SEC. 407. EXERCISE OF RULEMAKING POWERS.
Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate,
respectively, and as such they shall be considered as part of
the rules of each House, or of the Senate and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional right of
the Senate to change those rules (so far as they relate to that
house) at any time, in the same manner, and to the same extent
as is the case of any other rule of the Senate.
Passed the Senate March 16 (legislative day, March 15),
2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. CON. RES. 83
_______________________________________________________________________
CONCURRENT RESOLUTION
Setting forth the congressional budget for the United States Government
for fiscal year 2007 and including the appropriate budgetary levels for
fiscal years 2006 and 2008 through 2011.