AMENDMENT TO SECTION 401 AND REPEAL OF SECTION 402.

SEC. 10116. AMENDMENT TO SECTION 401 AND REPEAL OF SECTION 402. (a) Section 401.— (1) Controls.—Section 401 of the Congressional Budget Act of 1974 is amended by— (A) striking the heading and inserting the following: “budget-related legislation not subject to appropriations”; and (B) striking subsection (a) and inserting the following: “(a) Controls on Certain Budget-Related Legislation Not Subject to Appropriations.—It shall not be in order in either the House of Representatives or the Senate to consider any bill or joint resolution (in the House of Representatives only, as reported), amendment, motion, or conference report that provides— “(1) new authority to enter into contracts under which the United States is obligated to make outlays; “(2) new authority to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is liable; or “(3) new credit authority; unless that bill, joint resolution, amendment, motion, or conference report also provides that the new authority is to be effective for any fiscal year only to the extent or in the amounts provided in advance in appropriation Acts.”.111 STAT. 691 (2) Point of order.—Section 401(b) of the Congressional Budget Act of 1974 is amended— (A) by inserting “new” before “entitlement” in the heading; (B) by striking paragraph (1) and inserting the following: “(1) Point of order.—It shall not be in order in either the House of Representatives or the Senate to consider any bill or joint resolution (in the House of Representatives only, as reported), amendment, motion, or conference report that provides new entitlement authority that is to become effective during the current fiscal year.”; and (C) in paragraph (2)— (i) by striking “new spending authority described in subsection (c)(2)(C)” and inserting “new entitlement authority”; and (ii) by striking “of that House” and inserting “of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be,”. (3) Definitions.—Section 401 of the Congressional Budget Act of 1974 is amended by striking subsection (c). (4) Exceptions.—Section 401(d) of the Congressional Budget Act of 1974 is amended— (A) in paragraph (1), by striking “new spending authority if the budget authority for outlays which result from such new spending authority is derived” and inserting “new authority described in those subsections if outlays from that new authority will flow”; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2), as redesignated, by striking “new spending authority” and inserting “new authority described in those subsections”. (5) Redesignation.—Subsection (d) of section 401 of the Congressional Budget Act of 1974 is redesignated as subsection (c). (6) Conforming amendments.—(A) Clause 1(b)(4) of rule X of the Rules of the House of Representatives is amended to read as follows: “(4) The amount of new authority to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; new authority to incur indebtedness (other than indebtedness in incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is liable, the budget authority for which is not provided in advance by appropriation Acts; new entitlement authority as defined in section 3(9) of the Congressional Budget Act of 1974, including bills and resolutions (reported by other committees) which provide new entitlement authority as defined in section 3(9) of the Congressional Budget Act of 1974 and are referred to the committee under clause 4(a); authority to forego the collection by the United States of proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation Acts to offset such foregone receipts; and authority to make payments by the United States (including loans, grants, and payments from 111 STAT. 692revolving funds) other than those covered by this subparagraph, the budget authority for which is not provided in advance by appropriation Acts.”. (B) Clause 4(a)(2) of rule X of the Rules of the House of Representatives is amended by striking “new spending authority described in section 401(c)(2)(C)” and inserting “new entitlement authority as defined in section 3(9)” and by striking “total amount of new spending authority” and inserting “total amount of new entitlement authority”. (C) Clause 2(1)(3) of rule XI of the Rules of the House of Representatives is amended by striking “new spending authority as described in section 401(c)(2)” and by inserting “new entitlement authority as defined in section 3(9)”. (b) Repealer of Section 402.—Section 402 of the Congressional Budget Act of 1974 is repealed. (c) Conforming Amendments.— (1) Redesignation.—Sections 403 through 407 of the Congressional Budget Act of 1974 are redesignated as sections 402 through 406, respectively. (2) GAO analysis.—Section 404 (as redesignated) of the Congressional Budget Act of 1974 is amended by striking “spending authority as described by section 401(c)(2) and which provide permanent appropriations,” and inserting “mandatory spending”. (3) Table of contents.—The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by— (A) striking the item for section 401 and inserting the following: “Sec. 401. Budget-related legislation not subject to appropriations.”; and (B) striking the item relating to section 402 and redesignating the items relating to sections 403 through 407 as the items relating to sections 402 through 406, respectively. (4) Conforming amendments.—(A) Clause 2(1)(3) of rule XI of the Rules of the House of Representatives is amended by striking “section 403” and inserting “section 402”. (B) Clause 7(d) of rule XIII of the Rules of the House of Representatives is amended by striking “section 403” and inserting “section 402”.