Budget resolution FY2005

Sets forth the congressional budget for the Federal Government for FY 2005, including the appropriate budgetary levels for FY 2006 through 2009.

Title I: Levels and Amounts - (Sec. 101) Lists recommended budgetary levels and amounts, for FY 2005 through 2009, with respect to: (1) Federal revenues; (2) new budget authority; (3) budget outlays; (4) deficits; (5) debt subject to limit; and (6) debt held by the public. (Sec. 102) Lists the appropriate levels of new budget authority, outlays, and administrative expenses for Social Security and specified major functional categories for FY 2005 through 2009. Title II: Reconciliation - (Sec. 201) Directs the Senate Committee on Finance to report a reconciliation bill by September 30, 2004, that consists of changes in laws within its jurisdiction sufficient to: (1) reduce revenues by no more than $12.311 billion for FY 2005 and $80.642 billion for FY 2005 through 2009; (2) increase outlays by not more than $2 billion for FY 2005 through 2009; and (3) increase the statutory debt limit by $664.028 billion. Title III: Reserve Funds and Adjustments - Subtitle A: Reserve Funds - (Sec. 301) Authorizes the chairman of the Committee on the Budget (Chairman), if the Senate Finance Committee or the Senate Committee on Health, Education, Labor, and Pensions reports legislation that provides health insurance for the uninsured or expands access to care for the uninsured (including legislation to reallocate and maintain expiring State Children's Health Insurance Program (SCHIP) funds rather than allowing them to revert to the Treasury), increases access to health insurance through lowering costs, and does not increase the costs of current health insurance coverage, to revise allocations of new budget authority and outlays, as well as revenue aggregates and other appropriate aggregates to reflect such legislation to establish a reserve fund, provided that the legislation would not increase the deficit for FY 2005 and for FY 2005 through 2009. (Sec. 302) Allows the Chairman, if the Senate Committee on Health, Education, Labor, and Pensions reports legislation that provides funding for reauthorization of the Higher Education Act of 1965, to revise committee allocations and other appropriate budgetary aggregates and allocations of new budget authority and outlays by the amount provided by such legislation to establish a reserve fund of up to $1 billion in new budget authority and $1 billion in outlays for FY 2005, and $5 billion in new budget authority and $5 billion in outlays for FY 2005 through 2009. Allows the Chairman, if the same committee reports legislation that provides funding for a measure that eliminates the accumulated shortfall of budget authority resulting from insufficient appropriations of discretionary new budget authority previously enacted for the Pell Grant Program for awards made through award year 2004-2005, to revise the committee allocation and other appropriate budgetary aggregates by the amount provided by such legislation to establish a reserve fund of up to $3.7 billion in new budget authority only for FY 2005. (Sec. 303) Authorizes the Chairman, if legislation predominately within the jurisdiction of the Senate Committee on Energy and Natural Resources is considered in the Senate that provides for a national energy policy and does not reduce revenues by more than $1.785 billion in FY 2005 and $15.092 billion for FY 2005 through 2009, to revise committee allocations and other budgetary aggregates and allocations of new budget authority and outlays by the amount provided by the legislation to establish a reserve fund of up to $261 billion in new budget authority and $221 billion in outlays for FY 2005 and $1.465 billion in new budget authority and $1.465 billion in outlays for FY 2005 through 2009. (Sec. 304) Authorizes the Chairman, if the Senate Committees on Armed Services or on Appropriations report legislation that expands access to health care for members of the reserve components, to revise allocations of new budget authority and outlays, revenue aggregates, other appropriate aggregates, and the discretionary spending limits to reflect such legislation and to establish a reserve fund, providing that the legislation: (1) would not increase the deficit for FY 2005 and for FY 2005 through 2009, or would offset such deficit increases through reduction of unobligated balances from Iraqi reconstruction; and (2) does not exceed $5.6 billion for FY 2005 through 2009. (Sec. 305) Authorizes the Chairman, if the same committees report legislation that increases benefit levels under the Montgomery GI Bill for members of the Selected Reserves, to revise allocations of new budget authority and outlays, revenue aggregates, other appropriate aggregates, and the discretionary spending limits to reflect such legislation and to establish a reserve fund, providing that the legislation: (1) would not increase the deficit for FY 2005 and for FY 2005 through 2009; and (2) does not exceed $1.2 billion for FY 2005 through 2009. (Sec. 306) Authorizes the Chairman, if the Senate Committee on Finance reports legislation that increases the Hope credit to $4,000, makes the credit available for four years and refundable, to revise committee allocations and other appropriate budgetary aggregates and allocations of new budget authority and outlays by the amount provided by that measure for that purpose and to establish a reserve fund, if it would not increase the deficit for FY 2005 or for the total of FY 2005 through 2009. (Sec. 307) Authorizes the Chairman, if the same committee reports legislation that expands the pediatric vaccine distribution program established under the Social Security Act to include coverage for children administered a vaccine at a public health clinic or Indian clinic and repeals the price cap for pre-1993 vaccines, to revise allocations of new budget authority and outlays, revenue aggregates and other appropriate aggregates to reflect such legislation and to establish a reserve fund, provided that such legislation would not increase the deficit for FY 2005 and for FY 2005 through 2009. (Sec. 308) Authorizes the Chairman, if the Senate Committee on Appropriations reports legislation that addresses minority health disparities through activities including those at the Health and Human Services Office of Minority Health, the Office of Civil Rights, the National Center on Minority Health and Health Disparities, the Minority HIV/AIDS initiative, health professions training, and through the Racial and Ethnic Approaches to Community Health at the Centers for Disease Control and provides up to $400 billion in new budget authority for FY 2005, to revise allocations of new budget authority and outlays and other appropriate aggregates to reflect such legislation and to establish a reserve fund, provided that such legislation would not increase the deficit for FY 2005 and for FY 2005 through 2009. (Sec. 309) Authorizes the Chairman, if the Senate Committee on Governmental Affairs reports legislation that reforms the U.S. Postal Service to improve its economic viability, to revise committee allocations and other appropriate budgetary aggregates and allocations of new budget authority and outlays by the amount provided by that measure for that purpose and to establish a reserve fund, if that measure would not increase the deficit for FY 2005 and for FY 2005 through 2009. Subtitle B: Adjustments With Respect to Discretionary Spending - (Sec. 311) Allows the Chairman, if one or another specified congressional committee reports legislation providing new budget authority for the budget accounts in the highway and transit categories in excess of $41.772 billion for FY 2005, or $207.293 billion for FY 2005 through 2009, to adjust budget aggregates and increase the allocation of new budget authority to the appropriate committee for FY 2005 and for FY 2005 through 2009 to the extent such excess is offset by an increase in net new user-fee receipts appropriated to the highway trust fund for the applicable fiscal year caused by such legislation. Specifies adjustments for outlays. (Sec. 312) Allows the Chairman, if the President requests supplemental appropriations for activities in Iraq and Afghanistan, and the Senate Committee on Appropriations reports legislation providing additional discretionary appropriations exceeding levels assumed in this resolution for FY 2005 defense-related activities, to revise the allocation (and all other appropriate levels and aggregates) for that committee for such purpose, but not to exceed $30 billion in new budget authority for FY 2005 and the outlays that flow therefrom. (Sec. 313) Authorizes the Chairman, if the amount appropriated for Wildland Fire Suppression in a fiscal year is not less than the specified base amount, to adjust the allocations and budgetary levels in the most recently agreed to budget resolution for any reported legislation providing additional wildland fire suppression funding, but not to exceed: (1) for the Forest Service, $400 million for FY 2005 and 2006 each; and (2) for the Department of the Interior, $100 million for FY 2005 and 2006 each. (Sec. 314) Authorizes the Chairman, if the Senate Committees on Armed Services or on Appropriations report legislation that provides for an increase to the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to revise the aggregates, functional totals, allocations, discretionary caps, and other appropriate levels and limits in this resolution by up to $2.757 billion in budget authority and $2.757 billion in outlays over the total of FY 2005 through 2009. Title IV: Budget Enforcement - (Sec. 401) Sets forth prohibitions on advance appropriations in the Senate. Excepts advance appropriations for FY 2006 and 2007 for specified accounts identified for advance appropriations. Allows waiver or suspension of a point of order on advance appropriations in the Senate only by an affirmative three-fifths (60) majority vote. (Sec. 402) Amends H.Con.Res. 95 (108th Congress, 1st Session) to provide that, in the absence of an extension of the discretionary spending limits and PAYGO requirements under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), any new budget authority, outlays, and receipts resulting from any provision designated as an emergency requirement shall count (currently, shall not count) for purposes of Senate discretionary spending limits and PAYGO requirements of H.Con.Res. 95. Declares that new budget authority, outlays, and receipts resulting from any provision designated as an emergency requirement shall not count for the purposes of any concurrent resolution on the budget. (Sec. 403) Extends Senate discretionary limits for FY 2005 through 2006. (Sec. 404) Adopts the following scoring rules for funding for Project Bioshield and the energy savings performance contract program. Provides that, for legislation that makes appropriations for the Department of Homeland Security (DHS) for FY 2005, the Chairman shall revise the aggregates, functional totals, and allocations to the Senate Committee on Appropriations, discretionary spending limits, and other appropriate levels and limits in this resolution by $2.528 billion in budget authority for FY 2005, and by the amount of outlays flowing therefrom in FY 2005 and subsequent years for Project Bioshield. Directs the Congressional Budget Office to score the energy savings performance contract program under the National Energy Conservation Policy Act as zero. Provides that for purposes of any point of order under any budget resolution and the Congressional Budget Act of 1974, the cost of such program shall be zero. (Sec. 405) Requires the Chairman: (1) to make adjustments to the levels and allocations in this resolution according to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) upon enactment of any legislation providing for a change in concepts or definitions; and (2) if legislation is reported that changes the nature of offsetting receipts collected from the Power Marketing Administration from mandatory to discretionary, to revise the appropriate allocations for such committee and other appropriate levels in this resolution. (Sec. 408) Makes it out of order in the Senate to consider any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit for any one of the three following applicable time periods: (1) the first year covered by the most recently adopted budget resolution; (2) the first five fiscal years covered by the resolution; or (3) the five fiscal years following the first five fiscal years covered in the resolution. Excludes from the meaning of "direct-spending legislation" and "revenue legislation" any: (1) budget resolution; or (2) provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the enactment of the Budget Enforcement Act of 1990. Requires estimates to be prepared by: (1) using the baseline surplus or deficit used for the most recently adopted budget resolution; and (2) calculating under the requirements of the Gramm-Rudman-Hollings Act for fiscal years beyond those covered by such resolution. Provides that, if direct spending or revenue legislation increases the on-budget deficit or causes an on-budget deficit when taken individually, it must also increase the on-budget deficit or cause an on-budget deficit when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline. States that direct spending or revenue effects resulting in net deficit reduction enacted pursuant to reconciliation instructions since the beginning of that same calendar year shall not be available.

Permits: (1) waiver or suspension of such provisions only by an affirmative vote of three-fifths (60) of the Senate; and (2) appeals in the Senate from the decisions of the Chair on such provisions.

Terminates this section on September 30, 2009.

Title V: Sense of the Senate - (Sec. 501) Expresses 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 as: (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 discretionary spending limits, pay-as-you-go, and 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) Expresses the sense of the Senate that legislation should be enacted that would create a bipartisan commission to recommend ways to: (1) eliminate waste, fraud, and abuse; and (2) achieve cost savings through enhancing program efficiencies in all discretionary and entitlement programs. Expresses 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. (Sec. 503) Expresses the sense of the Senate that the Congressional Budget Office shall consult with the Senate Committee on the Budget in order to prepare a report discussing: (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 the Congressional Budget Act of 1974. (Sec. 504) Expresses the sense of the Senate that the Senate Finance Committee 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 FY 2005 through FY 2013 does not exceed the total of $409 billion as estimated by the Congressional Budget Office. (Sec. 505) Expresses the sense of the Senate that: (1) compensation for civilian and military employees of the United States must be sufficient to support critical efforts to recruit, retain, and reward quality people effectively and responsibly; and (2) 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) Expresses the sense of the Senate that further congressional action is urgently needed to put in place a new formula or mechanism for updating Medicare physicians fees in FY 2006 and thereafter in order to ensure: (1) that payment rates keep pace with practice cost increases; and (2) future access to physicians' services for Medicare beneficiaries. (Sec. 507) Expresses the sense of the Senate that the functional totals in this resolution assume that Federal departments and agencies will: (1) to the maximum extent possible, purchase goods and services from American companies; and (2) 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) Expresses the sense of the Senate that the Internal Revenue Service should be provided the resources necessary to increase enforcement activities concentrated on efforts to reduce the "tax gap" substantially by the end of FY 2009. (Sec. 509) Expresses the sense of the Senate that the overall discretionary levels set in this resolution assume $75 billion in new budget authority in FY 2005 and new outlays that flow from this budget authority in FY 2005 and subsequent years, to fund new research and ongoing literature surveys in the Agency for Health Care Research and Quality. Requires these activities to be designed to: (1) improve scientific evidence related to the comparative effectiveness and safety of prescription drugs and other treatments; and (2) disseminate the findings and underlying data from such research to health care practitioners, consumers, and health care purchasers. (Sec. 510) Expresses the sense of the Senate that the: (1) budget of the United States should provide adequate funding for port security projects and not less than the amount adequate to implement an effective port security plan; (2) implementation of the budget should permit the provision of Federal funds over multiple years to fund long-term security improvement projects at U.S. ports; and (3) the Secretary of Homeland Security should, as soon as practicable, develop a funding plan for port security that permits multiyear funding for such projects. (Sec. 511) Expresses the sense of the Senate that: (1) this resolution recognizes the funding challenges faced by tribal colleges and universities and assumes that priority consideration will be provided to them through funding of the Tribally Controlled College or University Assistance Act, the Equity in Educational Land Grant Status Act, title III of the Higher Education Act, and the National Science Foundation Tribal College Program; and (2) such priority consideration reflects the intent of Congress to continue to work toward statutory Federal funding authorization goals for tribal colleges and universities. (Sec. 512) Expresses the sense of the Senate that the levels in this resolution assume: (1) an adequate increase in funding for each of FY 2005 and 2006 to carry out the Federal Low-Income Home Energy Assistance Program (LIHEAP); (2) an adequate increase in funding for FY 2005 and an adequate increase in funding for FY 2006 to carry out the weatherization assistance program (WAP); (3) appropriations, for these programs, of sufficient additional funds to realistically address the cooling and heating needs of low-income families; and (4) advance appropriations of the necessary funds to ensure the smooth operation of the programs during times of peak demand. (Sec. 513) Expresses the sense of the Senate that levels in this resolution assume that in making appropriations and revenue decisions, the Senate supports: (1) the restoration of the 33 accounts of the Cooperative State Research, Education, and Extension Service; (2) the FY 2005 funding of the National Research Initiative; and (3) the FY 2005 funding of competitive research programs of the Cooperative State Research, Education, and Extension Service in an amount that is adequate to fight obesity and stave off chronic diseases, combat insects and animal and plant diseases, establish new crops, improved livestock, and economic opportunities for producers, and keep pathogens and other dangers out of the air, water, soil, plants, and animals. (Sec. 514) Authorizes the Chairman to revise the aggregates, functional totals, allocations to the Committee on Appropriations of the Senate, discretionary spending limits, and other appropriate levels and limits in this resolution by up to $1.545 billion in budget authority for FY 2005, and by the amount of outlays flowing therefrom in FY 2005 and subsequent years, for legislation providing additional FY 2005 discretionary appropriations, in excess of the levels provided in this resolution, to establish a reserve fund for DHS programs. (Sec. 515) Expresses the sense of the Senate that, of DHS funds: (1) $800 million shall be allocated for the State Homeland Security Grant program; (2) $250 million for the Assistance to Firefighters Grant program; and (3) $275 million for Port Security Grants. Expresses the further sense of the Senate that the State Homeland Security Grant Program shall be increased by $220 million in order to provide for a more equitable formula for distributing funds. (Sec. 516) Expresses the sense of the Senate that the increased funding for DHS programs shall come from the cancellation of planned future deliveries of oil to the Strategic Petroleum Reserve. (Sec. 517) Expresses the sense of the Senate that levels in this resolution assume that in making appropriations and revenue decisions, the Senate supports: (1) the development and implementation of a national animal identification program; (2) the provision by the Secretary of Agriculture of a time-line for the development and implementation of the program as soon as practicable after approval of this resolution, and of ensurance that the Animal and Plant Health Inspection Service, State animal health agencies, and agricultural producers are provided funds necessary to implement such a program; and (3) the establishment of a program that is not overly burdensome to agricultural producers and ensures the privacy of their information. (Sec. 518) Expresses the sense of the Senate that this resolution and subsequent appropriations Acts should provide sufficient funds to continue matching contributions from other sources to The Global Fund to Fight AIDS, Tuberculosis, and Malaria on a one-to-two basis. (Sec. 519) Expresses the sense of the Senate that levels in this resolution assume that, in making appropriations and revenue decisions, the Senate supports the retention in the conference report for the resolution of the additional funds provided for the reauthorization of Federal child nutrition programs. (Sec. 520) Expresses the sense of the Senate that: (1) claims for occupational illness, which are determined to be caused by exposure to toxic substances at Department of Energy (DOE) facilities under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), should be promptly, equitably, and efficiently compensated; (2) administrative and technical changes should be made to EEOICPA to improve claims processing and review by physicians panels to ensure cost-effective and efficient consideration and determination of workers' claims, provide for membership in additional special exposure cohorts, and address eligibility issues at facilities with residual radiation; and (3) the President and Congress should work together at the earliest opportunity to develop a plan that effectively resolves the issue of a lack of a willing payor for many claims that are determined under EEOICPA to be related to exposure to a toxic substance at DOE facilities. (Sec. 521) Expresses the sense of the Senate that if tax relief measures are passed in accordance with the assumptions in this resolution in this session of Congress, such legislation should include: (1) tax and other financial incentives, similar to those included in the New Homestead Act (S. 602), to help rural communities fight the economic decimation caused by chronic out-migration by giving such communities the tools they need to attract individuals to live and work, or to start and grow a business, in such rural areas; and (2) revenue provisions which fully offset the cost of such tax and other financial incentives. (Sec. 522) Expresses the sense of the Senate that the levels in this resolution assume that in making appropriations and revenue decisions in Function 600 (Income Security), the Senate supports the provision, to the Food and Nutrition Service and other appropriate agencies within the Department of Agriculture, of $15 million for FY 2005, and $127 million for FY 2005 through 2009, to enable those agencies to expand the summer food pilot projects (established under the Richard B. Russell National School Lunch Act) to all States and to all service institutions (including certain private nonprofit organizations described in such Act).