SCON 95 PCS
Calendar No. 437
108th CONGRESS
2d Session
S. CON. RES. 95
Setting forth the congressional budget for the United States Government for fiscal year 2005 and including the appropriate budgetary levels for fiscal years 2006 through 2009.
IN THE SENATE OF THE UNITED STATES
March 5, 2004
Mr. NICKLES, from the Committee on the Budget, reported, under authority of the order of the Senate of March 4, 2004, an original resolution; which was placed on the calendar
CONCURRENT RESOLUTION
Setting forth the congressional budget for the United States Government for fiscal year 2005 and including the appropriate budgetary levels for fiscal years 2006 through 2009.
Resolved by the Senate (the House of Representatives concurring),
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2005.
(a) DECLARATION- Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2005 including the appropriate budgetary levels for fiscal years 2006 through 2009 as authorized by section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632).
(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 2005.
TITLE I--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 AND ADJUSTMENTS
Subtitle A--Reserve Funds
Sec. 301. Reserve fund for health insurance for the uninsured.
Sec. 302. Reserve fund for higher education.
Sec. 303. Reserve for energy legislation.
Subtitle B--Adjustments With Respect to Discretionary Spending
Sec. 311. Adjustment for surface transportation.
Sec. 312. Supplemental appropriations for Iraq and related activities for fiscal year 2005.
Sec. 313. Adjustment for wildland fire suppression.
TITLE IV--BUDGET ENFORCEMENT
Sec. 401. Restrictions on advance appropriations.
Sec. 402. Extension of emergency rule in the Senate.
Sec. 403. Discretionary spending limits in the Senate.
Sec. 405. Adjustments to reflect changes in concepts and definitions.
Sec. 406. Application and effect of changes in allocations and aggregates.
Sec. 407. Exercise of rulemaking powers.
TITLE V--SENSE OF THE SENATE
Sec. 501. Sense of the Senate on budget process reform.
Sec. 502. Sense of the Senate on budget process reform with regard to the creation of bipartisan commissions to combat waste, fraud, and abuse and to promote spending efficiency.
Sec. 503. Sense of the Senate on the relationship between annual deficit spending and increases in debt service costs.
Sec. 504. Sense of the Senate regarding the costs of the medicare prescription drug program.
Sec. 505. Sense of the Senate regarding pay parity.
Sec. 506. Sense of the Senate on returning stability to payments under medicare physician fee schedule.
Sec. 507. Sense of the Senate regarding the use of Federal funds to support American companies and American workers.
Sec. 508. Sense of the Senate regarding closing the `tax gap'.
Sec. 509. Sense of the Senate amendment on drug comparativeness studies.
TITLE I--LEVELS AND AMOUNTS
SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for the fiscal years 2005 through 2009:
(1) FEDERAL REVENUES- For purposes of the enforcement of this resolution--
(A) The recommended levels of Federal revenues are as follows:
Fiscal year 2005: $1,452,838,000,000.
Fiscal year 2006: $1,614,601,000,000.
Fiscal year 2007: $1,729,121,000,000.
Fiscal year 2008: $1,821,450,000,000.
Fiscal year 2009: $1,923,634,000,000.
(B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows:
Fiscal year 2005: -$24,296,000,000.
Fiscal year 2006: -$39,580,000,000.
Fiscal year 2007: -$25,823,000,000.
Fiscal year 2008: -$24,340,000,000.
Fiscal year 2009: -$29,426,000,000.
(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 2005: $1,952,853,000,000.
Fiscal year 2006: $2,072,235,000,000.
Fiscal year 2007: $2,186,751,000,000.
Fiscal year 2008: $2,293,612,000,000.
Fiscal year 2009: $2,396,927,000,000.
(3) BUDGET OUTLAYS- For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows:
Fiscal year 2005: $1,965,001,000,000.
Fiscal year 2006: $2,059,612,000,000.
Fiscal year 2007: $2,160,581,000,000.
Fiscal year 2008: $2,263,205,000,000.
Fiscal year 2009: $2,363,452,000,000.
(4) DEFICITS- For purposes of the enforcement of this resolution, the amounts of the deficits are as follows:
Fiscal year 2005: -$512,163,000,000.
Fiscal year 2006: -$445,011,000,000.
Fiscal year 2007: -$431,460,000,000.
Fiscal year 2008: -$441,755,000,000.
Fiscal year 2009: -$439,818,000,000.
(5) DEBT SUBJECT TO LIMIT- The appropriate levels of the public debt are as follows:
Fiscal year 2005: $8,048,028,000,000.
Fiscal year 2006: $8,616,924,000,000.
Fiscal year 2007: $9,169,227,000,000.
Fiscal year 2008: $9,731,725,000,000.
Fiscal year 2009: $10,295,210,000,000.
(6) DEBT HELD BY THE PUBLIC- The appropriate levels of the debt held by the public are as follows:
Fiscal year 2005: $4,736,438,000,000.
Fiscal year 2006: $5,001,818,000,000.
Fiscal year 2007: $5,237,750,000,000.
Fiscal year 2008: $5,468,263,000,000.
Fiscal year 2009: $5,683,106,000,000.
SEC. 102. SOCIAL SECURITY.
(a) SOCIAL SECURITY REVENUES- For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974, 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 2005: $572,314,000,000.
Fiscal year 2006: $600,902,000,000.
Fiscal year 2007: $629,333,000,000.
Fiscal year 2008: $658,731,000,000.
Fiscal year 2009: $689,620,000,000.
(b) SOCIAL SECURITY OUTLAYS- For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974, 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 2005: $396,159,000,000.
Fiscal year 2006: $406,390,000,000.
Fiscal year 2007: $419,424,000,000.
Fiscal year 2008: $433,487,000,000.
Fiscal year 2009: $450,288,000,000.
(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:
(A) New budget authority, $4,249,000,000.
(B) Outlays, $4,264,000,000.
(A) New budget authority, $4,352,000,000.
(B) Outlays, $4,335,000,000.
(A) New budget authority, $4,477,000,000.
(B) Outlays, $4,457,000,000.
(A) New budget authority, $4,617,000,000.
(B) Outlays, $4,594,000,000.
(A) New budget authority, $4,762,000,000.
(B) Outlays, $4,738,000,000.
SEC. 103. MAJOR FUNCTIONAL CATEGORIES.
Congress determines and declares that the appropriate levels of new budget authority, budget outlays, new direct loan obligations, and new primary loan guarantee commitments for fiscal years 2005 through 2009 for each major functional category are:
(1) National Defense (050):
(A) New budget authority, $415,257,000,000.
(B) Outlays, $444,033,000,000.
(A) New budget authority, $445,708,000,000.
(B) Outlays, $440,563,000,000.
(A) New budget authority, $456,148,000,000.
(B) Outlays, $441,290,000,000.
(A) New budget authority, $467,482,000,000.
(B) Outlays, $451,419,000,000.
(A) New budget authority, $479,494,000,000.
(B) Outlays, $463,058,000,000.
(2) International Affairs (150):
(A) New budget authority, $30,140,000,000.
(B) Outlays, $33,779,000,000.
(A) New budget authority, $34,658,000,000.
(B) Outlays, $32,471,000,000.
(A) New budget authority, $35,301,000,000.
(B) Outlays, $31,287,000,000.
(A) New budget authority, $35,658,000,000.
(B) Outlays, $31,303,000,000.
(A) New budget authority, $35,714,000,000.
(B) Outlays, $31,805,000,000.
(3) General Science, Space, and Technology (250):
(A) New budget authority, $23,678,000,000.
(B) Outlays, $23,152,000,000.
(A) New budget authority, $25,412,000,000.
(B) Outlays, $24,863,000,000.
(A) New budget authority, $26,269,000,000.
(B) Outlays, $25,613,000,000.
(A) New budget authority, $26,499,000,000.
(B) Outlays, $25,914,000,000.
(A) New budget authority, $26,547,000,000.
(B) Outlays, $26,095,000,000.
(A) New budget authority, $2,793,000,000.
(B) Outlays, $1,154,000,000.
(A) New budget authority, $2,762,000,000.
(B) Outlays, $1,653,000,000.
(A) New budget authority, $2,781,000,000.
(B) Outlays, $1,214,000,000.
(A) New budget authority, $2,501,000,000.
(B) Outlays, $601,000,000.
(A) New budget authority, $2,082,000,000.
(B) Outlays, $718,000,000.
(5) Natural Resources and Environment (300):
(A) New budget authority, $32,817,000,000.
(B) Outlays, $30,957,000,000.
(A) New budget authority, $32,909,000,000.
(B) Outlays, $32,995,000,000.
(A) New budget authority, $32,895,000,000.
(B) Outlays, $33,115,000,000.
(A) New budget authority, $32,825,000,000.
(B) Outlays, $32,926,000,000.
(A) New budget authority, $33,523,000,000.
(B) Outlays, $33,486,000,000.
(A) New budget authority, $21,746,000,000.
(B) Outlays, $20,976,000,000.
(A) New budget authority, $23,806,000,000.
(B) Outlays, $22,574,000,000.
(A) New budget authority, $24,698,000,000.
(B) Outlays, $23,509,000,000.
(A) New budget authority, $24,604,000,000.
(B) Outlays, $23,483,000,000.
(A) New budget authority, $25,563,000,000.
(B) Outlays, $24,623,000,000.
(7) Commerce and Housing Credit (370):
(A) New budget authority, $7,743,000,000.
(B) Outlays, $2,867,000,000.
(A) New budget authority, $8,041,000,000.
(B) Outlays, $2,553,000,000.
(A) New budget authority, $9,141,000,000.
(B) Outlays, $3,399,000,000.
(A) New budget authority, $9,336,000,000.
(B) Outlays, $2,550,000,000.
(A) New budget authority, $9,826,000,000.
(B) Outlays, $2,766,000,000.
(8) Transportation (400):
(A) New budget authority, $69,985,000,000.
(B) Outlays, $68,390,000,000.
(A) New budget authority, $70,923,000,000.
(B) Outlays, $70,998,000,000.
(A) New budget authority, $71,428,000,000.
(B) Outlays, $72,207,000,000.
(A) New budget authority, $71,760,000,000.
(B) Outlays, $72,571,000,000.
(A) New budget authority, $72,241,000,000.
(B) Outlays, $72,597,000,000.
(9) Community and Regional Development (450):
(A) New budget authority, $13,637,000,000.
(B) Outlays, $14,968,000,000.
(A) New budget authority, $13,422,000,000.
(B) Outlays, $14,994,000,000.
(A) New budget authority, $13,591,000,000.
(B) Outlays, $14,061,000,000.
(A) New budget authority, $13,719,000,000.
(B) Outlays, $13,558,000,000.
(A) New budget authority, $13,890,000,000.
(B) Outlays, $13,653,000,000.
(10) Education, Training, Employment, and Social Services (500):
(A) New budget authority, $97,620,000,000.
(B) Outlays, $88,259,000,000.
(A) New budget authority, $95,254,000,000.
(B) Outlays, $92,867,000,000.
(A) New budget authority, $95,568,000,000.
(B) Outlays, $93,657,000,000.
(A) New budget authority, $95,798,000,000.
(B) Outlays, $94,197,000,000.
(A) New budget authority, $96,108,000,000.
(B) Outlays, $94,624,000,000.
(A) New budget authority, $250,617,000,000.
(B) Outlays, $246,061,000,000.
(A) New budget authority, $254,677,000,000.
(B) Outlays, $255,590,000,000.
(A) New budget authority, $267,998,000,000.
(B) Outlays, $27,752,000,000.
(A) New budget authority, $286,815,000,000.
(B) Outlays, $286,525,000,000.
(A) New budget authority, $307,860,000,000.
(B) Outlays, $305,533,000,000.
(A) New budget authority, $287,513,000,000.
(B) Outlays, $288,654,000,000.
(A) New budget authority, $322,517,000,000.
(B) Outlays, $322,035,000,000.
(A) New budget authority, $361,999,000,000.
(B) Outlays, $362,277,000,000.
(A) New budget authority, $386,753,000,000.
(B) Outlays, $386,795,000,000.
(A) New budget authority, $412,922,000,000.
(B) Outlays, $412,515,000,000.
(13) Income Security (600):
(A) New budget authority, $337,712,000,000.
(B) Outlays, $341,976,000,000.
(A) New budget authority, $343,192,000,000.
(B) Outlays, $346,622,000,000.
(A) New budget authority, $348,102,000,000.
(B) Outlays, $350,750,000,000.
(A) New budget authority, $361,495,000,000.
(B) Outlays, $363,499,000,000.
(A) New budget authority, $371,422,000,000.
(B) Outlays, $372,943,000,000.
(14) Social Security (650):
(A) New budget authority, $15,214,000,000.
(B) Outlays, $15,214,000,000.
(A) New budget authority, $16,779,000,000.
(B) Outlays, $16,779,000,000.
(A) New budget authority, $18,269,000,000.
(B) Outlays, $18,269,000,000.
(A) New budget authority, $20,218,000,000.
(B) Outlays, $20,218,000,000.
(A) New budget authority, $22,229,000,000.
(B) Outlays, $22,229,000,000.
(15) Veterans Benefits and Services (700):
(A) New budget authority, $70,346,000,000.
(B) Outlays, $69,079,000,000.
(A) New budget authority, $68,196,000,000.
(B) Outlays, $67,623,000,000.
(A) New budget authority, $66,209,000,000.
(B) Outlays, $65,829,000,000.
(A) New budget authority, $69,326,000,000.
(B) Outlays, $69,131,000,000.
(A) New budget authority, $69,888,000,000.
(B) Outlays, $69,660,000,000.
(16) Administration of Justice (750):
(A) New budget authority, $41,241,000,000.
(B) Outlays, $40,595,000,000.
(A) New budget authority, $39,490,000,000.
(B) Outlays, $40,156,000,000.
(A) New budget authority, $40,099,000,000.
(B) Outlays, $40,342,000,000.
(A) New budget authority, $40,870,000,000.
(B) Outlays, $40,783,000,000.
(A) New budget authority, $41,206,000,000.
(B) Outlays, $41,150,000,000.
(17) General Government (800):
(A) New budget authority, $17,382,000,000.
(B) Outlays, $17,474,000,000.
(A) New budget authority, $17,503,000,000.
(B) Outlays, $17,290,000,000.
(A) New budget authority, $17,611,000,000.
(B) Outlays, $17,365,000,000.
(A) New budget authority, $17,190,000,000.
(B) Outlays, $16,968,000,000.
(A) New budget authority, $17,256,000,000.
(B) Outlays, $16,841,000,000.
(A) New budget authority, $270,018,000,000.
(B) Outlays, $270,018,000,000.
(A) New budget authority, $316,934,000,000.
(B) Outlays, $316,934,000,000.
(A) New budget authority, $361,381,000,000.
(B) Outlays, $361,381,000,000.
(A) New budget authority, $394,546,000,000.
(B) Outlays, $394,546,000,000.
(A) New budget authority, $422,181,000,000.
(B) Outlays, $422,181,000,000.
(A) New budget authority, -$100,000,000.
(B) Outlays, -$100,000,000.
(A) New budget authority, -$100,000,000.
(B) Outlays, -$100,000,000.
(A) New budget authority, -$300,000,000.
(B) Outlays, -$300,000,000.
(A) New budget authority, -$300,000,000.
(B) Outlays, -$300,000,000.
(A) New budget authority, -$300,000,000.
(B) Outlays, -$300,000,000.
(20) Undistributed Offsetting Receipts (950):
(A) New budget authority, -$52,505,000,000.
(B) Outlays, -$52,505,000,000.
(A) New budget authority, -$59,848,000,000.
(B) Outlays, -$59,848,000,000.
(A) New budget authority, -$62,437,000,000.
(B) Outlays, -$62,437,000,000.
(A) New budget authority, -$63,482,000,000.
(B) Outlays, -$63,482,000,000.
(A) New budget authority, -$62,725,000,000.
(B) Outlays, -$62,725,000,000.
TITLE II--RECONCILIATION
SEC. 201. RECONCILIATION IN THE SENATE.
(a) TAX RELIEF- The Senate Committee on Finance shall report a reconciliation bill not later than September 30, 2004, that consists of changes in laws within its jurisdiction sufficient to reduce revenues by not more than $12,311,000,000 for fiscal year 2005 and $80,642,000,000 for the period of fiscal years 2005 through 2009.
(b) INCREASE IN STATUTORY DEBT LIMIT- The Committee on Finance shall report a reconciliation bill not later than September 30, 2004, that consists solely of changes in laws within its jurisdiction to increase the statutory debt limit by $664,028,000,000.
(c) REDUCTIONS IN OUTLAYS- The Senate Committee on Finance shall report changes in laws within its jurisdiction not later than September 30, 2004, that provide direct spending (as defined in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985) to reduce outlays $2,888,000,000 for fiscal year 2005 and $3,423,000,000 for the period of fiscal years 2005 through 2009.
TITLE III--RESERVE FUNDS AND ADJUSTMENTS
Subtitle A--Reserve Funds
SEC. 301. RESERVE FUND FOR HEALTH INSURANCE FOR THE UNINSURED.
If the Committee on Finance or the Committee on Health, Education, Labor, and Pensions of the Senate reports a bill or joint resolution, or an amendment thereto is offered or a conference report thereon is submitted, that provides health insurance or expands access to care for the uninsured (including a measure providing for tax deductions for the purchase of health insurance or other measures), increases access to health insurance through lowering costs, and does not increase the costs of current health insurance coverage, the chairman of the Committee on the Budget may revise allocations of new budget authority and outlays, the revenue aggregates, and other appropriate aggregates to reflect such legislation, provided that such legislation would not increase the deficit for fiscal year 2005 and for the period of fiscal years 2005 through 2009.
SEC. 302. RESERVE FUND FOR HIGHER EDUCATION.
If the Committee on Health, Education, Labor, and Pensions of the Senate reports a bill or joint resolution, or if an amendment thereto is offered or a conference report thereon is submitted, that provides, funding for--
(1) the reauthorization of the Higher Education Act of 1965, 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 not to exceed $1,000,000,000 in new budget authority and $1,000,000,000 in outlays for fiscal year 2005, $5,000,000,000 in new budget authority and $5,000,000,000 in outlays for the period of fiscal years 2005 through 2009; and
(2) a measure that eliminates the accumulated shortfall of budget authority resulting from insufficient appropriations of discretionary new budget authority previously enacted for the Federal Pell Grant Program for awards made through award year 2004-2005, the chairman of the Committee on the Budget may revise the committee allocation and other appropriate budgetary aggregates by the amount provided by that measure for that purpose, but not to exceed $3,700,000,000 in new budget authority only for fiscal year 2005.
SEC. 303. RESERVE FOR ENERGY LEGISLATION.
If a measure, predominately within the jurisdiction of the Committee on Energy and Natural Resources of the Senate (including a bill or joint resolution, an amendment or a conference report), is considered in the Senate that provides for a national energy policy and does not reduce revenues by more than $1,785,000,000 in 2005 and $15,092,000,000 for the period of fiscal years 2005 through 2009, the chairman of the Committee on the Budget may revise committee allocations for that committee and other appropriate budgetary aggregates and allocation of new budget authority and outlays by the amount provided by that measure for that purpose, but not to exceed $261,000,000 in new budget authority and $221,000,000 in outlays for fiscal year 2005 and $1,465,000,000 in new budget authority and $1,465,000,000 in outlays for the period of fiscal years 2005 through 2009.
Subtitle B--Adjustments With Respect to Discretionary Spending
SEC. 311. ADJUSTMENT FOR SURFACE TRANSPORTATION.
(a) IN GENERAL- If the Committee on Transportation and Infrastructure of the House or the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, or the Committee on Commerce, Science, and Transportation of the Senate reports a bill or joint resolution, or if an amendment thereto is offered or a conference report thereon is submitted, that provides new budget authority for the budget accounts or portions thereof in the highway and transit categories as defined in subparagraphs (B) and (C) of section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 in excess of--
(1) for fiscal year 2005, $41,772,000,000; or
(2) for fiscal years 2005 through 2009, $207,293,000,000;
the chairman of the Committee on the Budget may adjust the appropriate budget aggregates and increase the allocation of new budget authority to such committee for fiscal year 2005 and for the period of fiscal years 2005 through 2009 to the extent such excess is offset by an increase in net new user-fee receipts related to the purposes of the highway trust fund that are appropriated to such fund for the applicable fiscal year caused by such legislation. In the Senate, any increase in receipts shall be reported from the Committee on Finance.
(b) ADJUSTMENT FOR OUTLAYS- (1) For fiscal year 2005, in the Senate, if a bill or joint resolution is reported, or if an amendment thereto is offered or a conference report thereon is submitted, that changes obligation limitations such that the total limitations are in excess of
$40,600,000,000 for fiscal year 2005, for programs, projects, and activities within the highway and transit categories as defined in subparagraphs (B) and (C) of section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 and if legislation has been enacted that satisfies the conditions set forth in subsection (a) for such fiscal year, the appropriate chairman of the Committee on the Budget may increase the allocation of outlays and appropriate aggregates for such fiscal year for the committee reporting such measure by the amount of outlays that corresponds to such excess obligation limitations, but not to exceed the amount of such excess that was offset in 2005 pursuant to subsection (a).
(2) For fiscal year 2006, in the Senate, if a bill or joint resolution is reported, or if an amendment thereto is offered or a conference report thereon is submitted, that changes obligation limitations such that the total limitations are in excess of $40,621,000,000 for fiscal year 2005, for programs, projects, and activities within the highway and transit categories as defined in subparagraphs (B) and (C) of section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 and if legislation has been enacted that satisfies the conditions set forth in subsection (a) for such fiscal year, the chairman of the Committee on the Budget may increase the allocation of outlays and appropriate aggregates for such fiscal year for the committee reporting such measure by the amount of outlays that corresponds to such excess obligation limitations, but not to exceed the amount of such excess that was offset in 2006 pursuant to subsection (a).
SEC. 312. SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND RELATED ACTIVITIES FOR FISCAL YEAR 2005.
If the President transmits a budget request for additional resources for activities in Iraq and Afghanistan and if the Committee on Appropriations of the Senate reports legislation providing additional discretionary appropriations in excess of the levels assumed in this resolution for defense-related activities for fiscal year 2005, the chairman of the Committee on the Budget may revise the allocation (and all other appropriate levels and aggregates set out in this resolution) for that committee for such purpose but not to exceed: $30,000,000,000 in new budget authority for fiscal year 2005 and the outlays that flow therefrom.
SEC. 313. ADJUSTMENT FOR WILDLAND FIRE SUPPRESSION.
(a) FINDINGS- The Senate makes the following findings:
(1) Due to the expansion of the wildland urban interface, severe drought conditions in many regions of the country, and the poor health of the Nation's forests and rangelands, the Forest Service and Department of the Interior regularly spend more than the amount appropriated for fire suppression, and then borrow from other accounts to pay for fire suppression.
(2) This borrowing has a negative effect on many Forest Service and Department of the Interior programs.
(3) This resolution provides an amount equal to the 10-year average for fire suppression in fiscal year 2005.
(4) The Senate recommends that the Forest Service and the Department of the Interior address cost containment within the fire suppression account, and report to Congress regarding how funds appropriated pursuant to this section are used.
(1) DEFINITION- For this subsection, the term `base amount' refers to the average of the obligations of the preceding 10 years for wildfire suppression in the Forest Service and the Department of the Interior, calculated as of the date of the applicable year's budget request is submitted by the President to Congress.
(2) ADJUSTMENTS FOR FISCAL YEARS 2005 AND 2006- If the amount appropriated for Wildland Fire Suppression in a fiscal year is not less than the base amount, then the chairman of the Committee on the Budget may adjust the appropriate allocations and other budgetary levels in the most recently agreed to concurrent resolution on the budget for any bill, joint resolution, amendment, motion, or conference report that provides additional funding for wildland fire suppression, but not to exceed--
(A) for the Forest Service--
(i) for fiscal year 2005, $400,000,000; and
(ii) for fiscal year 2006, $400,000,000; and
(B) for the Department of the Interior--
(i) for fiscal year 2005, $100,000,000; and
(ii) for fiscal year 2006, $100,000,000.
(3) SPECIAL RULE FOR FISCAL YEAR 2004- If additional funding for wildland fire suppression for fiscal year 2004 is provided in a bill, joint resolution, amendment, motion, or conference report, then the chairman of the Committee on the Budget may determine that such amounts shall not be counted for the purposes of the Congressional Budget Act of 1974 and this resolution, provided that such amounts do not exceed--
(A) for the Forest Service, for fiscal year 2004, $400,000,000; and
(B) for the Department of the Interior, for fiscal year 2004, $100,000,000.
TITLE IV--BUDGET ENFORCEMENT
SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS.
(a) IN GENERAL- Except as provided in subsection (b), 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.
(b) ACCOUNTS- An advance appropriation may be provided for fiscal years 2006 and 2007 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 $23,158,000,000 in new budget authority in each year.
(1) WAIVER- In the Senate, subsection (a) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. 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 subsection (a).
(2) PROCEDURE- A point of order under subsection (a) may be raised by a Senator as provided in section 313(e) of Congressional Budget Act of 1974.
(3) CONFERENCE REPORT- If a point of order is sustained under subsection (a) against a conference report in the Senate, the report shall be disposed of as provided in section 313(d) of the Congressional Budget Act of 1974.
(d) ADVANCE APPROPRIATION- In this section, the term `advance appropriation' means any discretionary new budget authority in a bill or joint resolution--
(1) making general appropriations or continuing appropriations for fiscal year 2005 that first becomes available for any fiscal year after 2005; or
(2) making general appropriations or continuing appropriations for fiscal year 2006 that first becomes available for any fiscal year after 2006.
SEC. 402. EXTENSION OF EMERGENCY RULE IN THE SENATE.
Section 502(c) of H. Con. Res. 95 (108th Cong., 1st. Sess.) is amended to read as follows:
`(1) AUTHORITY TO DESIGNATE- In the Senate, with respect to a provision of direct spending or receipts legislation or appropriations for discretionary accounts that the President designates as an emergency requirement and that Congress so designates in such 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 purpose of this section.
`(2) EXEMPTION OF EMERGENCY PROVISIONS- In the Senate, any new budget authority, outlays, and receipts resulting from any provision designated as an emergency requirement, pursuant to this section, in any bill, joint resolution, amendment, or conference report shall not count for purposes of sections 302, 303, 311, and 401 of the Congressional Budget Act of 1974 and any concurrent resolution on the budget.
`(A) GUIDANCE- In the Senate, if a provision of legislation is designated as an emergency requirement under this section, 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 subparagraph (B).
`(i) IN GENERAL- Any such provision is an emergency requirement if the situation addressed by such provision is--
`(I) necessary, essential, or vital (not merely useful or 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 clause (ii), unforeseen, unpredictable, and unanticipated; and
`(V) not permanent, temporary in nature.
`(ii) UNFORESEEN- An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.
`(4) DEFINITIONS- 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.
`(5) 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.
`(6) WAIVER AND APPEAL- Paragraph (5) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. 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 this section.
`(7) DEFINITION OF AN EMERGENCY DESIGNATION- For purposes of paragraph (5), a provision shall be considered an emergency designation if it designates any item as an emergency requirement pursuant to this section.
`(8) FORM OF THE POINT OF ORDER- A point of order under paragraph (5) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974.
`(9) CONFERENCE REPORTS- If a point of order is sustained under paragraph (5) against a conference report, the report shall be disposed of as provided in section 313(d) of the Congressional Budget Act of 1974.
`(10) EXCEPTION FOR DEFENSE SPENDING- Paragraph (5) shall not apply against an emergency designation for a provision making discretionary appropriations in the defense category.'.
SEC. 403. DISCRETIONARY SPENDING LIMITS IN THE SENATE.
(a) DISCRETIONARY SPENDING LIMITS- In the Senate and as used in this section, the term `discretionary spending limit' means--
(1) for fiscal year 2005--
(A) $812,773,000,000 in new budget authority and $818,285,000,000 in outlays for the discretionary category;
(B) for the highway category, $33,393,000,000 in outlays; and
(C) for the mass transit category, $1,488,000,000 in new budget authority, and $6,726,000,000 in outlays; and
(2) for fiscal year 2006 $852,257,000,000 in new budget authority, and $884,266,000,000 in outlays for the discretionary category.
(b) DISCRETIONARY SPENDING POINT OF ORDER IN THE SENATE-
(1) IN GENERAL- Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider any bill or resolution (including a concurrent resolution on the budget) or amendment, motion, or conference report thereon that would exceed any of the discretionary spending limits in this section.
(2) WAIVER- This subsection may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.
(3) APPEALS- Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. 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 this subsection.
(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 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;
(ii) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of the Congressional Budget Act of 1974; and
(iii) the budgetary aggregates as set forth in the appropriate concurrent resolution on the budget.
(2) AMOUNTS OF ADJUSTMENTS- The adjustment referred to in paragraph (1) shall be--
(A) an amount provided for transportation under section 311;
(B) an amount provided for the fiscal year 2005 supplemental appropriation pursuant to section 312; and
(C) an amount provided for fire suppression pursuant to section 313.
(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) to carry out this subsection.
SEC. 404. SCORING RULES.
(a) SCORING OF BUDGET AUTHORITY FOR FEDERAL PELL GRANTS-
(1) PURPOSE- In order to prevent the accumulation of shortfalls of new budget authority with respect to discretionary Pell Grant Awards, the Senate adopts the following scoring rule.
(2) STATEMENT OF BUDGETARY SCORING RULE- For purposes of points of order under any concurrent resolution on the budget and the Congressional Budget Act of 1974, the cost of the Federal Pell Grant Program shall be the estimated full cost associated with the maximum award provided for an award year (beginning with award year 2005-2006) in an Appropriation Act, notwithstanding the amount of new budget authority provided in the text of the appropriation for that purpose.
(b) FUNDING FOR BIOSHIELD- In the Senate, for purposes of points of order under any concurrent resolution on the budget and the Congressional Budget Act of 1974, provisions contained in any bill, resolution, amendment, motion, or conference report that change the availability of any amounts appropriated for Project Bioshield pursuant to Public Law 108-90 shall not be scored with respect to the level of budget authority or outlays contained in such bill, resolution, amendment, motion, or conference report.
SEC. 405. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.
(a) In the Senate, 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 shall 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).
(b) If the Committee on Appropriations reports a bill or resolution, or if an amendment thereto is offered or a conference report thereon is submitted, that changes the nature of offsetting receipts collected from the Power Marketing Administration from mandatory to discretionary, the chairman of the Committee on the Budget may revise the appropriate allocations for such committee and other appropriate levels in this resolution.
SEC. 406. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND AGGREGATES.
(a) APPLICATION- Any adjustments of allocations and aggregates made 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 published 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--
(1) 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 appropriate Committee on the Budget; and
(2) such chairman may make any other necessary adjustments to such levels to carry out this resolution.
SEC. 407. EXERCISE OF RULEMAKING POWERS.
Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, or of that House to which they specifically apply, 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 either House 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 in the case of any other rule of that House.
TITLE V--SENSE OF THE SENATE
SEC. 501. SENSE OF THE SENATE ON BUDGET PROCESS REFORM.
It is the sense of the Senate that Congress and the President should work together to enact budget process reform legislation that would include mechanisms to restrain Government spending. Such legislation may include--
(1) deficit targets that, when exceeded, would result in across-the-board reductions in Federal spending except Social Security, Medicare, and Veterans' benefits;
(2) revision of the content of budget resolutions to increase their focus on aggregate levels, and to include easily understood enforcement tools such as--
(A) discretionary spending limits;
(C) explicit committee allocations;
(3) emergency spending procedures which budget for emergency needs;
(4) pay-as-you-go limitations which apply to non-budget expenditures;
(5) limitations on unauthorized appropriations; and
(6) enhanced rescission or constitutional line-item veto authority for the President.
SEC. 502. SENSE OF THE SENATE ON BUDGET PROCESS REFORM WITH REGARD TO THE CREATION OF BIPARTISAN COMMISSIONS TO COMBAT WASTE, FRAUD, AND ABUSE AND TO PROMOTE SPENDING EFFICIENCY.
(a) WASTE, FRAUD, AND ABUSE- It is the sense of the Senate that legislation should be enacted that would create a bipartisan commission for the purpose of--
(1) submitting recommendations on ways to eliminate waste, fraud, and abuse; and
(2) to provide recommendations on ways in which to achieve cost savings through enhancing program efficiencies in all discretionary and entitlement programs.
The findings of the commission should be made on an annual basis, and should be presented in conjunction with the submission of the President's budget request to Congress.
(b) EFFICIENCY- It is the sense of the Senate that a bipartisan commission should be established to--
(1) audit Federal domestic agencies, and programs within such agencies, with the express purpose of providing Congress with recommendations, and legislation;
(2) implement those recommendations; and
(3) realign or eliminate government agencies and programs that are duplicative, inefficient, outdated, irrelevant, or have failed to accomplish their intended purpose.
The findings of the commission should be made on an annual basis, and should be presented in conjunction with the submission of the President's budget request to Congress.
SEC. 503. SENSE OF THE SENATE ON THE RELATIONSHIP BETWEEN ANNUAL DEFICIT SPENDING AND INCREASES IN DEBT SERVICE COSTS.
It is the sense of the Senate that the Congressional Budget Office shall consult with the Committee on the Budget of the Senate in order to prepare a report containing a discussion of--
(1) the relationship between annual deficit spending and increases in debt service costs;
(2) the relationship between incremental increases in discretionary spending and debt service costs; and
(3) the feasibility of providing estimates of debt service costs in the cost estimates prepared pursuant to section 308 of the Congressional Budget Act of 1974.
SEC. 504. SENSE OF THE SENATE REGARDING THE COSTS OF THE MEDICARE PRESCRIPTION DRUG PROGRAM.
It is the sense of the Senate that the Committee on Finance of the Senate should report a bill that consists of changes in laws within its jurisdiction sufficient to ensure that spending within part D of the Medicare Prescription Drug Benefit program in fiscal years 2005 through 2013 does not exceed the total of $409,000,000,000 as estimated by the Congressional Budget Office.
SEC. 505. SENSE OF THE SENATE REGARDING PAY PARITY.
It is the sense of the Senate that--
(1) compensation for civilian and military employees of the United States, without whom we cannot successfully serve and protect our citizens and taxpayers, must be sufficient to support our critical efforts to recruit, retain, and reward quality people effectively and responsibly; and
(2) to achieve this objective, the rate of increase in the compensation of civilian employees should be equal to that proposed for the military in the President's Fiscal Year 2005 Budget.
SEC. 506. SENSE OF THE SENATE ON RETURNING STABILITY TO PAYMENTS UNDER MEDICARE PHYSICIAN FEE SCHEDULE.
(a) FINDINGS- The Senate finds that--
(1) the fees Medicare pays physicians and other health professionals were reduced by 5.4 percent across-the-board in 2002.
(2) action by Congress in early 2003 narrowly averted a 4.4-percent across-the-board reduction in such fees that year;
(3) in the fall of 2003, congressional action was once again needed to prevent an across-the-board reduction of 4.5 percent in such fees for 2004, as well as an anticipated further reduction in 2005;
(4) based on current projections, estimates suggest that, absent any action, fees will be significantly reduced across-the-board in 2006 and each year thereafter until at least 2010;
(5) the prospect of continued payment reductions under the Medicare physician fee schedule for the foreseeable future threatens to destabilize an important element of the program, namely physician participation and willingness to accept Medicare patients;
(6) there are major flaws in the formula Medicare uses to reimburse physicians which result in steep cuts that adversely impact Medicare beneficiaries' access to care; and
(7) CMS should use its authority to exclude Medicare-covered drugs and biologics from the physician formula and accurately reflect in the formula the direct and indirect cost of increases due to coverage decisions, administrative actions, and rules and regulations.
(b) SENSE OF THE SENATE- It is the sense of the Senate that, while recent actions by Congress have helped address the immediate reductions in reimbursement, further action by Congress is urgently needed to put in place a new formula or mechanism for updating Medicare physician fees in 2006 and thereafter, in order to ensure--
(1) the long-term stability of the Medicare payment system for physicians and other health care professionals, such that payment rates keep pace with practice cost increases; and
(2) future access to physicians' services for Medicare beneficiaries.
SEC. 507. SENSE OF THE SENATE REGARDING THE USE OF FEDERAL FUNDS TO SUPPORT AMERICAN COMPANIES AND AMERICAN WORKERS.
(a) FINDINGS- The Senate finds that--
(1) the United States has lost more than 2,200,000 manufacturing jobs since 2000;
(2) the Bureau of Labor Statistics reported that 239,454 workers in a variety of sectors of the United States economy lost their jobs as a result of mass layoffs in January 2004;
(3) there are millions of long-term unemployed Americans who have been unable to find work; and
(4) the Buy American Act requires the Federal Government to support American companies and American workers by buying American-made goods.
(b) SENSE OF THE SENATE- It is the sense of the Senate that the functional totals in this resolution assume that--
(1) Federal departments and agencies will, to the maximum extent possible, purchase goods and services from American companies; and
(2) Federal departments and agencies will ensure that, to the maximum extent possible, the work required by Federal contracts for goods and services will be performed in the United States.
SEC. 508. SENSE OF THE SENATE REGARDING CLOSING THE `TAX GAP'.
(a) FINDINGS- The Senate finds that--
(1) the Internal Revenue Service estimates that the gross tax gap (the difference between the amount of taxes owed by taxpayers and the amount actually collected) is now estimated to be in excess of $300,000,000,000 annually;
(2) the Internal Revenue Service reports that the rate of voluntary and timely compliance from taxpayers in paying what they owe is approximately 85 percent;
(3) this overwhelming majority of honest and hardworking taxpayers are forced to make up the shortfall that results from taxpayers who fail to pay what they owe voluntarily;
(4) a former Commissioner of Internal Revenue has estimated that honest taxpayers are paying `15 percent more' than necessary if the tax gap were closed;
(5) the current Commissioner of Internal Revenue is concerned that increasing numbers of taxpayers believe that people are less likely to report their income taxes accurately and more inclined to take a chance that they will not be audited; and
(6) that an increase in enforcement efforts on taxes already due and owing can generate significant additional revenues without raising taxes.
(b) SENSE OF THE SENATE- It is the sense of the Senate that the Internal Revenue Service should be provided the resources necessary to increase enforcement activities that would be concentrated on efforts to reduce the tax gap substantially by the end of fiscal year 2009.
SEC. 509. SENSE OF THE SENATE AMENDMENT ON DRUG COMPARATIVENESS STUDIES.
It is the sense of the Senate that the overall discretionary levels set in this resolution assume $75,000,000 in new budget authority in fiscal year 2005 and new outlays that flow from this budget authority in fiscal year 2005 and subsequent years, to fund new research and ongoing literature surveys in the Agency for Health Care Research and Quality. These activities will be designed to improve scientific evidence related to the comparative effectiveness and safety of prescription drugs and other treatments and to disseminate the findings and underlying data from such research to health care practitioners, consumers, and health care purchasers.
Calendar No. 437
108th CONGRESS
2d Session
S. CON. RES. 95
CONCURRENT RESOLUTION
Setting forth the congressional budget for the United States Government for fiscal year 2005 and including the appropriate budgetary levels for fiscal years 2006 through 2009.
March 5, 2004
Reported under authority of the Senate of March 4, 2004, and placed on the calendar
END