H. Con Res. 95 - CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2006

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, March 15, 2005.
FLOOR ACTION: ADOPTED BY A RECORD VOTE of 228-196 on Wednesday, March 16, 2005
MANAGERS: PUTNAM/SLAUGHTER
109th Congress
1st Session

 

H. RES. 154
[Report No. 109-19]

 

H. Con Res. 95 – Concurrent Resolution on the Budget for Fiscal Year 2006

1. Structured rule.

2. Provides 5 hours of general debate, with 4 hours equally divided and controlled by the chairman and ranking minority member of the Committee on Budget, and one hour on the subject of economic goals and policies equally divided and controlled by Representative Saxton of New Jersey and Representative Maloney of New York or their designees.

3. Waives all points of order against consideration of the concurrent resolution.

4. Provides that the concurrent resolution shall be considered for amendment under the five-minute rule and that the concurrent resolution shall be considered as read.

5. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution which may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House and in the Committee of the Whole.

6. Waives all points of order against the amendments printed in the report, except that the adoption of an amendment in the nature of a substitute shall constitute the conclusion of consideration of the concurrent resolution for amendment.

7. Permits the chairman of the Budget Committee to offer amendments in the House to achieve mathematical consistency.

8. Provides that the concurrent resolution shall not be subject to a demand for division of the questio n of its adoption.

9. Provides that after passage of H.Con.Res 95, it shall be in order to consider in the House S.Con.Res. 18, to move to strike all after the resolving clause of S.Con.Res. 18, and to insert the provisions of H.Con.Res. 95 as passed by the House.

10. Waives all points of order against S.Con.Res. 18, against its consideration, and against the motion to strike and insert.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the concurrent resolution (H. Con. Res. 95) establishing the congressional budget for the United States Government for fiscal year 2006, revising appropriate budgetary levels for fiscal year 2005, and setting forth appropriate budgetary levels for fiscal years 2007 through 2010. The first reading of the concurrent resolution shall be dispensed with. All points of order against consideration of the concurrent resolution are waived. General debate shall not exceed five hours, with four hours of general debate confined to the congressional budget equally divided and controlled by the chairman and ranking minority member of the Committee on the Budget and one hour of general debate on the subject of economic goals and policies equally divided and controlled by Representative Saxton of New Jersey and Representative Maloney of New York or their designees. After general debate the concurrent resolution shall be considered for amendment under the five-minute rule. The concurrent resolution shall be considered as read. No amendment shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by an opponent and a proponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House and in the Committee of the Whole. All points of order against such amendments are waived except that the adoption of an amendment in the nature of a substitute shall constitute the conclusion of consideration of the concurrent resolution for amendment. After the conclusion of consideration of the concurrent resolution for amendment, the Committee shall rise and report the concurrent resolution to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the concurrent resolution and amendments thereto to final adoption without intervening motion except amendments offered by the chairman of the Committee on the Budget pursuant to section 305(a)(5) of the Congressional Budget Act of 1974 to achieve mathematical consistency. The concurrent resolution shall not be subject to a demand for division of the question of its adoption.

Sec. 2. After adoption of House Concurrent Resolution 95, it shall be in order to take from the Speaker's table Senate Concurrent Resolution 18 and to consider the Senate concurrent resolution in the House. All points of order against the Senate concurrent resolution and against its consideration are waived. It shall be in order to move to strike all after the resolving clause of the Senate concurrent resolution and to insert in lieu thereof the provisions of House Concurrent Resolution 95 as adopted by the House. All points of order against that motion are waived.

 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Obey #13
Increases $15.8 billion in FY06 new BA and outlays for veterans, education, health care needs, homeland security, the environment and infrastructure. Reduces the FY06 tax benefits for those earning more than $1 million, increasing revenues by $25.818 billion. (40 minutes)

2. Hensarling #16
Replaces the current 19 functional categories with four functions: Defense, Homeland Security, Non-Defense Discretionary and Mandatory Spending, and Interest. Accepts the Iraq Operations Reserve Fund and creates a new “rainy day” fund for non-military emergencies.

Discretionary Spending:
Defense: Accepts the President’s and Budget Committee’s levels that provide for a 4.4% increase over last year. Homeland Security: Accepts the President’s and Budget Committee’s levels that provide for a 3.6% increase over last year. Non-Security Discretionary: Reduces spending by 2% compared to last year’s level (the Budget Committee calls for a .7% reduction), which is over $5.1 billion more in first-year savings than the Committee’s bill.

Mandatory Spending:
Includes reconciliation instructions reducing the rate of growth of mandatory spending from 6.4% to 6.1% (while making no changes to Social Security), which is over $58 billion more in savings than the Budget Committee’s levels and a total of $125 billion in savings over five years. The Committees would be permitted to apply the savings unevenly across mandatory programs with particular emphasis on exempting earned entitlement programs.

Taxes:
Assumes the Committee’s number for tax relief over the next five years, while reconciling the entire amount (the Committee reconciles $45 billion of the $107 billion allotted over five years).

Budget Enforcement:
Creates a point of order against consideration of a rule or order reported by the Rules Committee waiving sections 302(f) or 303(a) (other than paragraph 2) of the Congressional Budget Act of 1974.
This point of order can only be waived by a vote of the House but only after 20 minutes of debate on the question of consideration. The Rules Committee may not waive this point of order.
Provides a definition for emergency spending in the Budget Resolution.
Creates a new point of order which can only be waived by a vote of the House but only after 10 minutes of debate on the question of consideration. The Rules committee may not waive this point of order.
Creates “Budget Protection Accounts” that allow Congress to target spending during the appropriations and direct spending processes and to redirect that spending for deficit reduction or tax relief at the end of the fiscal year.
Creates a supermajority point of order against the consideration of any direct spending legislation (while exempting any bill to preserve Social Security which may include short-term transition costs) that would increase an on-budget deficit or decrease an on-budget surplus. The Rules Committee may not waive this point of order.
Directs the Budget Committee Chairman to maintain a Budget Protection Mandatory Account (BPMA). If a Member offers an amendment during floor consideration reducing mandatory spending from either current law levels or the levels proposed in the bill, the proponent of the amendment can choose to place the savings in the BPMA. If the amendment is adopted, upon passage of the bill the Budget Committee Chairman will reduce the applicable 302(a) allocations and credit those amounts to the BPMA. The amendment contains a similar mechanism used for reduction in discretionary spending.
Requires an automatic vote on a bill, joint resolution, or conference report which authorizes or provides new BA of not less than $50 million. Restricts the ability of the Speaker to entertain a unanimous consent request or motion to suspend this section.
Provides that Rule XXVII (the Gephardt Rule) will be turned off with respect to the adoption by the Congress of a concurrent resolution on the budget for FY06. (40 minutes)

3. Watt #6
Raises revenue by rescinding the tax cuts from 2001 and 2003 for the top two tax brackets, eliminating corporate tax incentives for off-shoring jobs, closing tax loopholes, abusive shelters, and methods of tax avoidance, and eliminating the repeal of the limitation on itemized deductions (Pease) and the phase-out of personal exemptions (PEP) scheduled to take place between 2006 and 2010. These funds total an estimated $36.3 billion in FY 2006. Uses nearly $4 billion of these additional revenues for deficit reduction. The remaining funds are used to restore cuts and fund increases in specific budget function areas. These include full funding for No Child Left Behind and providing funds for school construction and increases for other education and job training programs. Allocates additional funding or job creation programs under SBA, community and regional development programs, and law enforcement initiatives such as juvenile justice and prisoner reentry programs. Provides funding for child nutrition programs, Community Health Centers, aeronautics and science research and development, Amtrak, and Hope VI and Section 8 Housing Programs. Reduces funding for the Ballistic Missile Defense program by $7.8 billion. Reallocates this money for homeland security needs, veterans programs and benefits, and additional support for the troops in Iraq. (40 minutes)

4. Spratt #14
Seeks to balance the budget by 2012. Reverses mandatory cuts likely to fall on Medicaid, veterans, student loans, and other services. Provides increased funding for important domestic priorities, such as education, veterans, community and regional development, and the environment. Imposes a pay-as-you-go (PAYGO) rule, which protects the Social Security Trust Fund surplus by requiring that any mandatory spending increases or tax cuts be fully offset. (40 minutes)

(Summaries derived from information provided by the amendment sponsor.)

TEXT OF THE AMENDMENTS(.pdf)

1. Obey #13

2. Hensarling #16

3. Watt #6