Bipartisan Budget Act of 2019

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133 STAT. 1049 PUBLIC LAW 116–37—AUG. 2, 2019 Public Law 116–37 116th Congress An Act To amend the Balanced Budget and Emergency Deficit Control Act of 1985, to establish a congressional budget for fiscal years 2020 and 2021, to temporarily suspend the debt limit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Bipartisan Budget Act of 2019’’. TITLE I—BUDGET ENFORCEMENT SEC. 101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. (a) REVISED DISCRETIONARY SPENDING LIMITS.—Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended by striking paragraphs (7) and (8) and inserting the following: ‘‘(7) for fiscal year 2020— ‘‘(A) for the revised security category, $666,500,000,000 in new budget authority; and ‘‘(B) for the revised nonsecurity category, $621,500,000,000 in new budget authority; and ‘‘(8) for fiscal year 2021— ‘‘(A) for the revised security category, $671,500,000,000 in new budget authority; and ‘‘(B) for the revised nonsecurity category, $626,500,000,000 in new budget authority;’’. (b) OVERSEAS CONTINGENCY OPERATIONS AMOUNTS.—In fiscal years 2020 and 2021, the adjustments under section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) for Overseas Contingency Operations/Global War on Terrorism appropriations will be as follows: (1) For the revised nonsecurity category— (A) for fiscal year 2020, $8,000,000,000; and (B) for fiscal year 2021, $8,000,000,000. (2) For the revised security category— (A) for fiscal year 2020, $71,500,000,000; and (B) for fiscal year 2021, $69,000,000,000. This subsection shall not affect the applicability of section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. (c) NEW ADJUSTMENT FOR THE U.S. CENSUS FOR 2020.—Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Bipartisan Budget Act of 2019. 2 USC 900 note. Aug. 2, 2019 [H.R. 3877] VerDate Sep 11 2014 13:08 Sep 30, 2019 Jkt 089139 PO 00037 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL037.116 PUBL037 DSK1ZX1V12 with PUBLAW 133 STAT. 1050 PUBLIC LAW 116–37—AUG. 2, 2019 Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following new subparagraph: ‘‘(G) THE 2020 CENSUS.—If, for fiscal year 2020, appro- priations for the Periodic Censuses and Programs account of the Bureau of the Census of the Department of Com- merce are enacted that the Congress designates in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year designated as being for the 2020 Census, but shall not exceed $2,500,000,000.’’. (d) DIRECT SPENDING ADJUSTMENTS FOR FISCAL YEARS 2020 AND 2021.—Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a), is amended— (1) in paragraph (5)(B), in the matter preceding clause (i), by striking ‘‘and (12)’’ and inserting ‘‘(12), and (13)’’; and (2) by adding at the end the following: ‘‘(13) IMPLEMENTING DIRECT SPENDING REDUCTIONS FOR FISCAL YEARS 2020 AND 2021.—(A) OMB shall make the calcula- tions necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 251(c) revising the discre- tionary spending limits for fiscal years 2020 and 2021 by the Bipartisan Budget Act of 2019. ‘‘(B) Paragraph (5)(B) shall not be implemented for fiscal years 2020 and 2021.’’. SEC. 102. BALANCES ON THE PAYGO SCORECARDS. Effective on the date of the enactment of this Act, the balances on the PAYGO scorecards established pursuant to paragraphs (4) and (5) of section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)) shall be zero. TITLE II—ESTABLISHING A CONGRESSIONAL BUDGET SEC. 201. ADJUSTMENT AUTHORITY FOR FISCAL YEAR 2020 BUDGET RESOLUTION IN THE HOUSE OF REPRESENTATIVES. Upon the date of the enactment of this Act— (1) the Chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other budgetary levels included in the statement referred to in section 1(b) of House Resolution 293 (116th Congress) con- sistent with this Act; and (2) subsections (e), (f), and (g) of section 1 of House Resolu- tion 293 (116th Congress) shall have no force or effect through the remainder of the One Hundred Sixteenth Congress. SEC. 202. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE HOUSE OF REPRESENTATIVES. (a) FISCAL YEAR 2021.—If a concurrent resolution on the budget for fiscal year 2021 has not been adopted by April 15, 2020, for the purpose of enforcing the Congressional Budget Act of 1974 for fiscal year 2021, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the House of Representatives after April 15, 2020, in the same manner as for a concurrent resolution on the budget for fiscal year 2021 with appropriate Deadline. Applicability. Effective date. Effective date. Effective date. VerDate Sep 11 2014 13:08 Sep 30, 2019 Jkt 089139 PO 00037 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL037.116 PUBL037 DSK1ZX1V12 with PUBLAW 133 STAT. 1051 PUBLIC LAW 116–37—AUG. 2, 2019 budgetary levels for fiscal year 2021 and for fiscal years 2022 through 2030. (b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—In the House of Representatives, the Chair of the Committee on the Budget shall submit a statement for publication in the Congres- sional Record after April 15, 2020, but not later than May 15, 2020, containing— (1) for the Committee on Appropriations, committee alloca- tions for fiscal year 2021 consistent with discretionary spending limits set forth in section 251(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, and committee allocations for fiscal year 2021 for current law mandatory budget authority and outlays, for the purpose of enforcing sec- tion 302 of the Congressional Budget Act of 1974; (2) for all committees of the House of Representatives other than the Committee on Appropriations, committee allocations for fiscal year 2021 and for the period of fiscal years 2021 through 2030 consistent with the most recent baseline of the Congressional Budget Office, as adjusted, to the extent prac- ticable, for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974; (3) aggregate spending levels for fiscal year 2021 in accord- ance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 of the Congres- sional Budget Act of 1974; and (4) aggregate revenue levels for fiscal year 2021 and for the period of fiscal years 2021 through 2030 consistent with the most recent baseline of the Congressional Budget Office, as adjusted, to the extent practicable, for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974. (c) ADDITIONAL MATTER.—The statement referred to in sub- section (b) may also include for fiscal year 2021 the matter contained in the provisions referred to in subsection (e). (d) ADJUSTMENTS.—The Chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggre- gates, and other budgetary levels included in the statement referred to in subsection (b)— (1) to reflect changes resulting from the Congressional Budget Office’s updates to its baseline for fiscal years 2021 through 2030; or (2) for any bill, joint resolution, amendment, or conference report by the amounts provided in such measure if such measure would not increase the deficit for either of the following time periods: fiscal year 2021 to fiscal year 2025 or fiscal year 2021 to fiscal year 2030. (e) APPLICATION.— (1) Upon submission of the statement referred to in sub- section (b), all references to allocations, aggregates, or other appropriate levels in ‘‘this concurrent resolution’’ in sections 5201, 5202, and 5203 of the House Concurrent Resolution 71 Time periods. Congressional Record, publication. Deadline. VerDate Sep 11 2014 13:08 Sep 30, 2019 Jkt 089139 PO 00037 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL037.116 PUBL037 DSK1ZX1V12 with PUBLAW 133 STAT. 1052 PUBLIC LAW 116–37—AUG. 2, 2019 (115th Congress), specified in section 30104(f)(1) of the Bipar- tisan Budget Act of 2018, and continued in effect by section 103(m) of House Resolution 6 (116th Congress) and section 1(h)(1) of House Resolution 293 (116th Congress), shall be treated for all purposes in the House of Representatives as references to the allocations, aggregates, or other appropriate levels contained in the statement referred to in subsection (b), as adjusted in accordance with this or any other Act. (2) The provisions of House Concurrent Resolution 71 (115th Congress), specified in section 30104(f)(1) of the Bipar- tisan Budget Act of 2018, shall have no force or effect in the House of Representatives except for the sections of such concurrent resolution identified in paragraph (1). (f) EXPIRATION.—Subsections (a) through (e) shall no longer apply if a concurrent resolution on the budget for fiscal year 2021 is agreed to by the Senate and House of Representatives. SEC. 203. LIMITATION ON ADVANCE APPROPRIATIONS IN THE HOUSE OF REPRESENTATIVES. (a) IN GENERAL.—In the House of Representatives, except as provided in subsection (b), any general appropriation bill or bill or joint resolution continuing appropriations, or amendment thereto or conference report thereon, may not provide an advance appropria- tion. (b) EXCEPTIONS.—An advance appropriation may be provided for programs, activities or accounts identified in lists submitted for printing in the Congressional Record by the Chair of the Com- mittee on the Budget— (1) for fiscal year 2022, under the heading ‘‘Accounts Identi- fied for Advance Appropriations’’ in an aggregate amount not to exceed $28,852,000,000 in new budget authority, and for fiscal year 2023, accounts separately identified under the same heading; and (2) for fiscal year 2022, under the heading ‘‘Veterans Accounts Identified for Advance Appropriations’’. (c) DEFINITION.—The term ‘‘advance appropriation’’ means any new discretionary budget authority provided in a general appropria- tion bill or bill or joint resolution continuing appropriations for fiscal year 2021, or any amendment thereto or conference report thereon, that first becomes available following fiscal year 2021. (d) EXPIRATION.—The preceding subsections of this section shall expire if a concurrent resolution on the budget for fiscal year 2021 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974. SEC. 204. AUTHORITY FOR FISCAL YEAR 2020 BUDGET RESOLUTION IN THE SENATE. (a) FISCAL YEAR 2020.—For the purpose of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the Senate in the same manner as for a concurrent resolution on the budget for fiscal year 2020 with appropriate budgetary levels for fiscal year 2020 and for fiscal years 2021 through 2029. (b) COMMITTEE ALLOCATIONS, AGGREGATES, AND LEVELS.—The Chairman of the Committee on the Budget of the Senate shall submit a statement for publication in the Congressional Record Time periods. Congressional Record, publication. Applicability. Lists. Congressional Record, publication. VerDate Sep 11 2014 13:08 Sep 30, 2019 Jkt 089139 PO 00037 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL037.116 PUBL037 DSK1ZX1V12 with PUBLAW 133 STAT. 1053 PUBLIC LAW 116–37—AUG. 2, 2019 as soon as practicable after the date of enactment of this Act that includes— (1) for the Committee on Appropriations of the Senate, committee allocations for fiscal year 2020 consistent with the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); (2) for all committees other than the Committee on Appro- priations, committee allocations for fiscal years 2020, 2020 through 2024, and 2020 through 2029 consistent with the May 2019 baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending on the date of submission of such statement, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633); (3) aggregate spending levels for fiscal year 2020 in accord- ance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 of the Congres- sional Budget Act of 1974 (2 U.S.C. 642); (4) aggregate revenue levels for fiscal years 2020, 2020 through 2024, and 2020 through 2029 consistent with the May 2019 baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642); and (5) levels of Social Security revenues and outlays for fiscal years 2020, 2020 through 2024, and 2020 through 2029 con- sistent with the May 2019 baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline was issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633, 642). (c) ADDITIONAL MATTER.—The filing referred to in subsection (b) may also include for fiscal year 2020 the deficit-neutral reserve funds in title III of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, updated by two fiscal years. (d) EXPIRATION.—This section shall expire if a c [Text truncated for display. Full text available on Congress.gov.]

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