Reserve Funds: Several budget resolutions have included reserve funds that allow deficit-neutral legislation on specified subjects to proceed in excess of aggregates and committee allocations. These provisions implicitly waive sections 302(f), 311(a), and 602(c) of the Congressional Budget Act for the purposes of considering specific initiative areas. While section 301(b)(7) of the Budget Act codified this practice in 1990, earlier budget resolutions since 1993 had included this type of language. (See the discussion of reserve funds above.)

Asset Sales: Budget resolutions have prohibited the counting of the proceeds from asset sales and loan prepayments. These provisions altered the functioning of points of order under sections 302, 310, 311, 601(b), 602, 604, and 605 of the Congressional Budget for the United States Government for the Fiscal Years 1994, 1995, 1996, 1997, and 1998, H. Con. Res. 64, 103d Cong., 1st Sess., § 10(b), 139 CONG. REC. H1747, H1753 (daily ed. Mar. 31, 1993) (adopted); Concurrent Resolution on the Budget-Fiscal Year 1993, H. Con. Res. 287, 102d Cong., 2d Sess. § 12(b), 138 CONG. REC. H 3602, H3609 (daily ed. May 20, 1992) (adopted). See also the related provisions of id. § 12(a); Concurrent Resolution on the BudgetFiscal Year 1992, H. Con. Res. 121, 102d Cong., 1st Sess. § 8, 105 Stat. 2414 (1991) (requiring use of baseline levels for Social Security for purposes of sections 302 and 311 of the Congressional Budget Act).

Reserve Funds: Several budget resolutions have included "reserve funds" that allow deficit-neutral legislation on specified subjects to proceed in excess of aggregates and committee allocations. These provisions implicitly waive sections 302(f), 311(a), and 602(c) of the Congressional Budget Act for the purposes of considering specific initiative areas. While section 301(b)(7) of the Budget Act codified this practice in 1990, earlier budget resolutions since 1983 had included this type of language. (See the discussion of reserve funds above.)

Asset Sales: Budget resolutions have prohibited the counting of the proceeds from asset sales and loan prepayments. These provisions altered the functioning of point of order under sections 302, 310, 311, 601(b), 602, 604, and 605 of the Congressional Budget Act. See Concurrent Resolution on the Budget-Fiscal Year 1993. H. Con. Res. 287, 102d Cong., 2d Sess. § 8(1992) (adopted): Concurrent Resolution on the Budget-Fiscal Year 1992, H. Con. Res. 121, 102d Cong., 1st Sess. § 7, 105 Stat. 2414 (1991); Concurrent Resolution on the Budget-Fiscal Year 1991, H. Con. Res. 310, 101st Cong., 2d Sess. §5, 104 Stat. 5163 (1990); Concurrent Resolution on the Budget-Fiscal Year 1990, H. Con. Res. 106, 101st Cong., 1st Sess. §6, 103 Stat. 2540 (1989); Concurrent Resolution on the Budget-Fiscal Year 1989, H. Con. Res. 268, 100th Cong., 2d Sess. §4, 102 Stat. 4875 (1988); Concurrent Resolution on the BudgetFiscal Year 1988, H. Con. Res. 93, 100th Cong., 1st Sess. §§7 & 8, 101 Stat. 1986 (1987).

House Exception to Aggregate Point of Order: One recent budget resolution also clarified the application of the exception that applies in the House to the point of order under section 311 of the Congressional Budget Act (2 U.S.C. §642(b) (1988)) implicitly amending that section. See Concurrent Resolution on the Budget

Fiscal Year 1993, H. Con. Res. 287, 102d Cong., 102d Cong., 2d Sess. § 11 (1992) (adopted).

Automatic Second Budget Resolution: When the Congressional Budget Act still provided for first and second resolutions on the budget, budget resolutions have provided that the first resolution be considered to be the second resolution if the Congress had not adopted the second one by a date certain. Those provisions also provided an exception in the House to the aggregate point of order under section 311 of the Congressional Budget act. See First Concurrent Resolution on the Budget-Fiscal Year 1986, S. Con. Res. 32, 99th Cong., 1st Sess. § 3, 99 Stat. 1941 (1985); First Concurrent Resolution on the Budget-Fiscal Year 1985, H. Con. Res. 280, 98th Cong., 2d Sess. §4, 98 Stat. 3484 (1984); First Concurrent Resolution on the Budget-Fiscal Year 1984, H. Con. Res. 91, 98th Cong., 1st Sess. §5,97 Stat. 1501 (1983).

Point of Order Where Committees Fail to Suballocate: One resolution created a new point of order in the House against the consideration of legislation before the committee of jurisdiction had completed its suballocation of spending. See First Concurrent Resolution on the Budget-Fiscal Year 1985, H. Con. Res. 280, 98th Cong., 2d Sess. §5, 98 Stat. 3484 (1984).

Revised Aggregates and Allocations in the House: One budget resolution has empowered the Chairman of the House Budget Committee to revise aggregates and allocations under the budget resolution, affecting the enforcement of section 302, 311, and 602 of the Congressional Budget Act. See Concurrent Resolution of the Budget-Fiscal Year 1992, H. Con. Res. 121, 102d Cong., 1st Sess. § 12, 105 Stat. 2414 (1991). See also Concurrent Resolution on the Budget-Fiscal Year 1988, H. Con. Res. 93, 100th Cong., 1st Sess. § 13, 101 Stat. 1986 (1987) (empowering the House Budget Committee Chairman to file original allocations at a later date); Concurrent Resolution on the Budget-Fiscal Year 1987, S. Con. Res. 120, 99th Cong., 2d Sess. § 13, 100 Stat. 4354 (1986) (same).

SENSE OF THE CONGRESS PROVISIONS

In addition, the concurrent resolution on the budget, like any concurrent resolution, may include "sense of the Congress" and "sense of the Senate" provisions. These provisions state the opinion of the Congress or the Senate and have no binding effect. They must be within the jurisdiction of the Budget Committee in order for the Committee to report the language. Thus, the budget resolution may include any "sense of the Congress" or "sense of the Senate" provision dealing with budgetary policy.

May "sense of the Congress" and "sense of the Senate" provisions have been included in budget resolutions, including provisions on: tax reform:

limiting the level of credit activities through the appropriations process;

coverage of off-budget and credit activities in budget resolutions;

Federal Financing Bank activities;

international monetary conference;

the Grace Commission;

the National Commission on Social Security Reform;

early action by Senate committees to meet reconciliation instructions; and

inflationary effects of Federal regulations.

Chapter V. LANGUAGE PROVISIONS IN THE

RESOLUTION

This chapter of the report discusses the language of the Committee-reported resolution. The Committee has divided the resolution into three component titles. Title I displays the levels and amounts in the budget resolution. Title II sets forth the budgetary procedures included in the resolution and reported out as an exercise of the Congress's rule-making powers. Title III consists of the Committee's recommendations for sense of the Congress provisions.

LEVELS AND AMOUNTS

The Committee-reported budget resolution's display of levels and amounts in title I of the resolution closely parallels that of the Concurrent Resolution Setting Forth the Congressional Budget for the United States Government for the Fiscal Years 1994, 1995, 1996, 1997, and 1998, H. Con. Res. 64, 103d Cong., 1st Sess., 139 CONG. REC. H1747, H1747-50 (daily ed. Mar. 31, 1993) (adopted); and Concurrent Resolution on the Budget-Fiscal Year 1993, H. Con. Res. 287, 102d Cong., 2d Sess., 138 CONG. REC. H3602, H3603-07 (daily ed. May 20, 1992) (adopted).

SOCIAL SECURITY

The Budget Enforcement Act took Social Security off budget. See Budget Enforcement Act § 13301, 104 Stat. 1388-573, 1388-623 (1990). The budget resolution may not and does not include Social Security in the Federal budget deficit or surplus. Rather, the law requires the budget resolution to set forth the on-budget totals, and these receive more prominent display at the beginning of the Committee-reported resolution.

DISPLAY OF ALTERNATIVE MEASURES OF THE DEFICIT

Several Members of the Committee, notably Senators Simon, Exon, and Hollings have called for alternative displays of the deficit. In the past 4 years, to address these concerns, the resolution has set forth a number of alternative deficit displays, many of which the Committee in the past voted to include in the resolution. In 1990, the Budget Enforcement Act responded to these calls by amending the Congressional Budget Act to provide for such displays. This year's budget resolution contains three provisions relating to differing displays of the deficit. Each of these provisions reflects the same underlying facts that lead to the deficit amounts appearing in section 2 of the resolution, which sets forth the deficit as defined in section 3(6) of the Congressional Budget Act.

Section 3 of Committee-reported resolution sets forth the increase in the debt. The Budget Enforcement Act amended Congres