< Back to S. 3026 (111th Congress, 2009–2010)

Text of the Fiscal Freeze Act of 2010

This bill was introduced on February 23, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 23, 2010 (Introduced).

Source: GPO

II

111th CONGRESS

2d Session

S. 3026

IN THE SENATE OF THE UNITED STATES

February 23, 2010

(for himself and Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on the Budget

A BILL

To provide fiscal discipline through a freeze on spending and budget process reforms.

1.

Short title and table of contents

(a)

Short title

This Act may be cited as the Fiscal Freeze Act of 2010.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

TITLE I—Congressional Accountability and Line-Item Veto Act of 2010

Sec. 101. Short title.

Sec. 102. Legislative line-item veto.

Sec. 103. Technical and conforming amendments.

Sec. 104. Sense of Congress on abuse of proposed repeals and cancellations.

TITLE II—Budget Reforms

Subtitle A—Earmarks

Sec. 211. Earmarks prohibited in years in which there is a deficit.

Subtitle B—Deficit reduction accounts

Sec. 221. Establishment of Discretionary Deficit Reduction Account.

Sec. 222. Establishment of Mandatory Deficit Reduction Account.

Sec. 223. Conforming amendment.

Subtitle C—Statutory Budget Limits and Enforcement

PART I—Spending Limits and Deficit Control

Sec. 231. Discretionary spending limits.

Sec. 232. Total spending limits.

Sec. 233. Deficit limits.

PART II—Reports and Orders

Sec. 241. Reports and orders.

Sec. 242. Spending and deficit limits enforcement.

Sec. 243. Spending reduction orders.

Subtitle D—Prevention of Government Shutdown

Sec. 251. Amendment to title 31.

Subtitle E—Joint Budget Resolution

Sec. 271. Purposes.

Sec. 272. Timetable.

Sec. 273. Joint resolution on the budget.

Sec. 274. Budget required before spending bills may be considered.

Sec. 275. Amendments to joint resolutions on the budget.

TITLE III—Fiscal Discipline, Earmark Reform, and Accountability Act

Sec. 301. Short title.

Sec. 302. Reform of consideration of appropriations bills in the Senate.

Sec. 303. Lobbying on behalf of recipients of Federal funds.

I

Congressional Accountability and Line-Item Veto Act of 2010

101.

Short title

This title may be cited as the Congressional Accountability and Line-Item Veto Act of 2010.

102.

Legislative line-item veto

(a)

In General

Title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by striking all of part B (except for sections 1016 and 1013, which are redesignated as sections 1019 and 1020, respectively) and part C and inserting the following:

B

Legislative Line-Item Veto

1011.

Line-item veto authority

(a)

Proposed cancellations

Within 30 calendar days after the enactment of any bill or joint resolution containing any congressional earmark or providing any limited tariff benefit or targeted tax benefit, the President may propose, in the manner provided in subsection (b), the repeal of the congressional earmark or the cancellation of any limited tariff benefit or targeted tax benefit. If the 30 calendar-day period expires during a period where either House of Congress stands adjourned sine die at the end of Congress or for a period greater than 30 calendar days, the President may propose a cancellation under this section and transmit a special message under subsection (b) on the first calendar day of session following such a period of adjournment.

(b)

Transmittal of Special Message

(1)

Special message

(A)

In general

The President may transmit to the Congress a special message proposing to repeal any congressional earmarks or to cancel any limited tariff benefits or targeted tax benefits.

(B)

Contents of special message

Each special message shall specify, with respect to the congressional earmarks, limited tariff benefits, or targeted tax benefits to be repealed or canceled—

(i)

the congressional earmark that the President proposes to repeal or the limited tariff benefit or the targeted tax benefit that the President proposes be canceled;

(ii)

the specific project or governmental functions involved;

(iii)

the reasons why such congressional earmark should be repealed or such limited tariff benefit or targeted tax benefit should be canceled;

(iv)

to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect (including the effect on outlays and receipts in each fiscal year) of the proposed repeal or cancellation;

(v)

to the maximum extent practicable, all facts, circumstances, and considerations relating to or bearing upon the proposed repeal or cancellation and the decision to propose the repeal or cancellation, and the estimated effect of the proposed repeal or cancellation upon the objects, purposes, or programs for which the congressional earmark, limited tariff benefit, or the targeted tax benefit is provided;

(vi)

a numbered list of repeals and cancellations to be included in an approval bill that, if enacted, would repeal congressional earmarks and cancel limited tariff benefits or targeted tax benefits proposed in that special message; and

(vii)

if the special message is transmitted subsequent to or at the same time as another special message, a detailed explanation why the proposed repeals or cancellations are not substantially similar to any other proposed repeal or cancellation in such other message.

(C)

Duplicative proposals prohibited

The President may not propose to repeal or cancel the same or substantially similar congressional earmark, limited tariff benefit, or targeted tax benefit more than one time under this part.

(D)

Maximum number of special messages

The President may not transmit to the Congress more than one special message under this subsection related to any bill or joint resolution described in subsection (a), but may transmit not more than 2 special messages for any omnibus budget reconciliation or appropriation measure.

(2)

Enactment of approval bill

(A)

Deficit reduction

Congressional earmarks, limited tariff benefits, or targeted tax benefits which are repealed or canceled pursuant to enactment of a bill as provided under this section shall be dedicated only to reducing the deficit or increasing the surplus.

(B)

Adjustment of levels in the concurrent resolution on the budget

Not later than 5 days after the date of enactment of an approval bill as provided under this section, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the repeal or cancellation, and the applicable committees shall report revised suballocations pursuant to section 302(b), as appropriate.

(C)

Adjustments to statutory limits

After enactment of an approval bill as provided under this section, the Office of Management and Budget shall revise applicable limits under the Balanced Budget and Emergency Deficit Control Act of 1985, as appropriate.

(D)

Trust funds and special funds

Notwithstanding subparagraph (A), nothing in this part shall be construed to require or allow the deposit of amounts derived from a trust fund or special fund which are canceled pursuant to enactment of a bill as provided under this section to any other fund.

1012.

Procedures for expedited consideration

(a)

Expedited Consideration

(1)

In general

The majority leader or minority leader of each House or his designee shall (by request) introduce an approval bill as defined in section 1017 not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under section 1011(b). If the bill is not introduced as provided in the preceding sentence in either House, then, on the fourth day of session of that House after the date of receipt of the special message, any Member of that House may introduce the bill.

(2)

Consideration in the house of representatives

(A)

Referral and reporting

Any committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the seventh legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar.

(B)

Proceeding to consideration

After an approval bill is reported by or discharged from committee or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

(C)

Consideration

The approval bill shall be considered as read. All points of order against an approval bill and against its consideration are waived. The previous question shall be considered as ordered on an approval bill to its passage without intervening motion except five hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order.

(D)

Senate bill

An approval bill received from the Senate shall not be referred to committee.

(3)

Consideration in the senate

(A)

Referral and reporting

Any committee of the Senate to which an approval bill is referred shall report it to the Senate without amendment not later than the seventh legislative day after the date of its introduction. If a committee fails to report the bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar.

(B)

Motion to proceed to consideration

After an approval bill is reported by or discharged from committee or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, it shall be in order to move to proceed to consider the approval bill in the Senate. A motion to proceed to the consideration of a bill under this subsection in the Senate shall not be debatable. It shall not be in order to move to reconsider the vote by which the motion to proceed is agreed to or disagreed to.

(C)

Limits on debate

Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith (including debate pursuant to subparagraph (D)), shall not exceed 10 hours, equally divided and controlled in the usual form.

(D)

Appeals

Debate in the Senate on any debatable motion or appeal in connection with a bill under this subsection shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form.

(E)

Motion to limit debate

A motion in the Senate to further limit debate on a bill under this subsection is not debatable.

(F)

Motion to recommit

A motion to recommit a bill under this subsection is not in order.

(G)

Consideration of the house bill

(i)

In general

If the Senate has received the House companion bill to the bill introduced in the Senate prior to a vote under subparagraph (C), then the Senate may consider, and the vote under subparagraph (C) may occur on, the House companion bill.

(ii)

Procedure after vote on senate bill

If the Senate votes, pursuant to subparagraph (C), on the bill introduced in the Senate, then immediately following that vote, or upon receipt of the House companion bill, the House bill shall be deemed to be considered, read the third time, and the vote on passage of the Senate bill shall be considered to be the vote on the bill received from the House.

(b)

Amendments Prohibited

No amendment to, or motion to strike a provision from, a bill considered under this section shall be in order in either the Senate or the House of Representatives.

1013.

Presidential deferral authority

(a)

Temporary Presidential Authority To Withhold Congressional Earmarks

(1)

In general

At the same time as the President transmits to the Congress a special message pursuant to section 1011(b), the President may direct that any congressional earmark to be repealed in that special message shall not be made available for obligation for a period of 45 calendar days of continuous session of the Congress after the date on which the President transmits the special message to the Congress.

(2)

Early availability

The President shall make any congressional earmark deferred pursuant to paragraph (1) available at a time earlier than the time specified by the President if the President determines that continuation of the deferral would not further the purposes of this part.

(b)

Temporary presidential authority To suspend a limited tariff benefit

(1)

In general

At the same time as the President transmits to the Congress a special message pursuant to section 1011(b), the President may suspend the implementation of any limited tariff benefit proposed to be canceled in that special message for a period of 45 calendar days of continuous session of the Congress after the date on which the President transmits the special message to the Congress.

(2)

Early availability

The President shall terminate the suspension of any limited tariff benefit at a time earlier than the time specified by the President if the President determines that continuation of the suspension would not further the purposes of this part.

(c)

Temporary Presidential Authority To Suspend a Targeted Tax Benefit

(1)

In general

At the same time as the President transmits to the Congress a special message pursuant to section 1011(b), the President may suspend the implementation of any targeted tax benefit proposed to be repealed in that special message for a period of 45 calendar days of continuous session of the Congress after the date on which the President transmits the special message to the Congress.

(2)

Early availability

The President shall terminate the suspension of any targeted tax benefit at a time earlier than the time specified by the President if the President determines that continuation of the suspension would not further the purposes of this part.

1014.

Identification of targeted tax benefits

(a)

Statement

The chairman of the Committee on Ways and Means of the House of Representatives and the chairman of the Committee on Finance of the Senate acting jointly (hereafter in this subsection referred to as the chairmen) shall review any revenue or reconciliation bill or joint resolution which includes any amendment to the Internal Revenue Code of 1986 that is being prepared for filing by a committee of conference of the two Houses, and shall identify whether such bill or joint resolution contains any targeted tax benefits. The chairmen shall provide to the committee of conference a statement identifying any such targeted tax benefits or declaring that the bill or joint resolution does not contain any targeted tax benefits. Any such statement shall be made available to any Member of Congress by the chairmen immediately upon request.

(b)

Statement Included in Legislation

(1)

In general

Notwithstanding any other rule of the House of Representatives or any rule or precedent of the Senate, any revenue or reconciliation bill or joint resolution which includes any amendment to the Internal Revenue Code of 1986 reported by a committee of conference of the two Houses may include, as a separate section of such bill or joint resolution, the information contained in the statement of the chairmen, but only in the manner set forth in paragraph (2).

(2)

Applicability

The separate section permitted under subparagraph (A) shall read as follows: Section 1021 of the Congressional Budget and Impoundment Control Act of 1974 shall ______ apply to ________., with the blank spaces being filled in with—

(A)

in any case in which the chairmen identify targeted tax benefits in the statement required under subsection (a), the word only in the first blank space and a list of all of the specific provisions of the bill or joint resolution in the second blank space; or

(B)

in any case in which the chairmen declare that there are no targeted tax benefits in the statement required under subsection (a), the word not in the first blank space and the phrase any provision of this Act in the second blank space.

(c)

Identification in Revenue Estimate

With respect to any revenue or reconciliation bill or joint resolution with respect to which the chairmen provide a statement under subsection (a), the Joint Committee on Taxation shall—

(1)

in the case of a statement described in subsection (b)(2)(A), list the targeted tax benefits in any revenue estimate prepared by the Joint Committee on Taxation for any conference report which accompanies such bill or joint resolution, or

(2)

in the case of a statement described in 13 subsection (b)(2)(B), indicate in such revenue estimate that no provision in such bill or joint resolution has been identified as a targeted tax benefit.

(d)

President’s Authority

If any revenue or reconciliation bill or joint resolution is signed into law—

(1)

with a separate section described in subsection (b)(2), then the President may use the authority granted in this section only with respect to any targeted tax benefit in that law, if any, identified in such separate section; or

(2)

without a separate section described in subsection (b)(2), then the President may use the authority granted in this section with respect to any targeted tax benefit in that law.

1015.

Treatment of cancellations

The repeal of any congressional earmark or cancellation of any limited tariff benefit or targeted tax benefit shall take effect only upon enactment of the applicable approval bill. If an approval bill is not enacted into law before the end of the applicable period under section 1013, then all proposed repeals and cancellations contained in that bill shall be null and void and any such congressional earmark, limited tariff benefit, or targeted tax benefit shall be effective as of the original date provided in the law to which the proposed repeals or cancellations applied.

1016.

Reports by Comptroller General

With respect to each special message under this part, the Comptroller General shall issue to the Congress a report determining whether any congressional earmark is not repealed or limited tariff benefit or targeted tax benefit continues to be suspended after the deferral authority set forth in section 1013 of the President has expired.

1017.

Definitions

As used in this part:

(1)

Appropriation law

The term appropriation law means an Act referred to in section 105 of title 1, United States Code, including any general or special appropriation Act, or any Act making supplemental, deficiency, or continuing appropriations, that has been signed into law pursuant to Article I, section 7, of the Constitution of the United States.

(2)

Approval bill

The term approval bill means a bill or joint resolution which only approves proposed repeals of congressional earmarks or cancellations of limited tariff benefits or targeted tax benefits in a special message transmitted by the President under this part and—

(A)

the title of which is as follows: A bill approving the proposed repeals and cancellations transmitted by the President on ___, the blank space being filled in with the date of transmission of the relevant special message and the public law number to which the message relates;

(B)

which does not have a preamble;

(C)

which provides only the following after the enacting clause: That the Congress approves of proposed repeals and cancellations ___, the blank space being filled in with a list of the repeals and cancellations contained in the President’s special message, as transmitted by the President in a special message on ____, the blank space being filled in with the appropriate date, regarding ____., the blank space being filled in with the public law number to which the special message relates;

(D)

which only includes proposed repeals and cancellations that are estimated by CBO to meet the definition of congressional earmark or limited tariff benefits, or that are identified as targeted tax benefits pursuant to section 1014; and

(E)

if no CBO estimate is available, then the entire list of legislative provisions proposed by the President is inserted in the second blank space in subparagraph (C).

(3)

Calendar day

The term calendar day means a standard 24-hour period beginning at midnight.

(4)

Cancel or cancellation

The terms cancel or cancellation means to prevent—

(A)

a limited tariff benefit from having legal force or effect, and to make any necessary, conforming statutory change to ensure that such limited tariff benefit is not implemented; or

(B)

a targeted tax benefit from having legal force or effect, and to make any necessary, conforming statutory change to ensure that such targeted tax benefit is not implemented and that any budgetary resources are appropriately canceled.

(5)

CBO

The term CBO means the Director of the Congressional Budget Office.

(6)

Congressional earmark

The term congressional earmark means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or Senator providing, authorizing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.

(7)

Entity

As used in paragraph (6), the term entity includes a private business, State, territory or locality, or Federal entity.

(8)

Limited tariff benefit

The term limited tariff benefit means any provision of law that modifies the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities (as defined in paragraph (12)(B)).

(9)

OMB

The term OMB means the Director of the Office of Management and Budget.

(10)

Omnibus reconciliation or appropriation measure

The term omnibus reconciliation or appropriation measure means—

(A)

in the case of a reconciliation bill, any such bill that is reported to its House by the Committee on the Budget; or

(B)

in the case of an appropriation measure, any such measure that provides appropriations for programs, projects, or activities falling within 2 or more section 302(b) suballocations.

(11)

Targeted tax benefit

The term targeted tax benefit means—

(A)

any revenue provision that—

(i)

provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; and

(ii)

contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or

(B)

any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986.

1018.

Expiration

This title shall have no force or effect on or after December 31, 2014.

.

103.

Technical and conforming amendments

(a)

Exercise of Rulemaking Powers

Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended—

(1)

in subsection (a), by striking 1017 and inserting 1012; and

(2)

in subsection (d), by striking section 1017 and inserting section 1012.

(b)

Analysis by Congressional Budget Office

Section 402 of the Congressional Budget Act of 1974 is amended by inserting (a) after 402. and by adding at the end the following new subsection:

(b)

Upon the receipt of a special message under section 1011 proposing to repeal any congressional earmark, the Director of the Congressional Budget Office shall prepare an estimate of the savings in budget authority or outlays resulting from such proposed repeal relative to the most recent levels calculated consistent with the methodology used to calculate a baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 and included with a budget submission under section 1105(a) of title 31, United States Code, and transmit such estimate to the chairmen of the Committees on the Budget of the House of Representatives and Senate.

.

(c)

Clerical Amendments

(1)

Section 1(a) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the last sentence.

(2)

Section 1022(c) of such Act (as redesignated) is amended is amended by striking rescinded or that is to be reserved and insert canceled and by striking 1012 and inserting 1011.

(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 deleting the contents for parts B and C of title X and inserting the following:

Part B—Legislative Line-Item Veto

Sec. 1011. Line-item veto authority.

Sec. 1012. Procedures for expedited consideration.

Sec. 1013. Presidential deferral authority.

Sec. 1014. Identification of targeted tax benefits.

Sec. 1015. Treatment of cancellations.

Sec. 1016. Reports by Comptroller General.

Sec. 1017. Definitions.

Sec. 1018. Expiration.

Sec. 1019. Suits by Comptroller General.

Sec. 1020. Proposed Deferrals of budget authority.

.

(d)

Effective Date

The amendments made by this title shall take effect on the date of its enactment and apply only to any congressional earmark, limited tariff benefit, or targeted tax benefit provided in an title enacted on or after the date of enactment of this title.

104.

Sense of Congress on abuse of proposed repeals and cancellations

It is the sense of Congress no President or any executive branch official should condition the inclusion or exclusion or threaten to condition the inclusion or exclusion of any proposed repeal or cancellation in any special message under this section upon any vote cast or to be cast by any Member of either House of Congress.

II

Budget Reforms

A

Earmarks

211.

Earmarks prohibited in years in which there is a deficit

(a)

In general

It shall not be in order in the Senate or the House of Representatives to consider a bill, joint resolution, or conference report containing a congressional earmark or an earmark attributable to the President for any fiscal year in which there is or will be a deficit as determined by CBO.

(b)

Congressional earmark

In this section, the term “congressional earmark” means the following:

(1)

A congressionally directed spending item, as defined in Rule XLIV of the Standing Rules of the Senate.

(2)

A congressional earmark for purposes of Rule XXI of the House of Representatives.

(c)

Waiver and appeal

(1)

Waiver

This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

(2)

Appeals

Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.

B

Deficit reduction accounts

221.

Establishment of Discretionary Deficit Reduction Account

(a)

Discretionary deficit reduction Account

Title III of the Congressional Budget Act of 1974 (as amended by section 605) is further amended by adding at the end the following new section:

316.

Discretionary Deficit Reduction Account

(a)

Establishment of Account

The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the deficit reduction Discretionary Account. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the deficit reduction Balance.

(b)

Components

Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made.

(c)

Crediting of Amounts to Account

(1)

Whenever a Member or Senator, as the case may be, offers an amendment to an appropriation bill to reduce new budget authority in any account, that Member or Senator may state the portion of such reduction that shall be credited to—

(A)

the deficit reduction Balance;

(B)

used to offset an increase in new budget authority in any other account; or

(C)

allowed to remain within the applicable section 302(b) suballocation.

(2)

If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the deficit reduction Balance, as applicable, if the amendment is agreed to.

(3)

Except as provided by paragraph (4), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill.

(4)

When computing the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to an appropriation bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the deficit reduction Balance, or that fall within the last sentence of paragraph (1).

(5)

The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House.

(d)

Calculation of Savings in Deficit Reduction Accounts in the House of Representatives and Senate

(1)

For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed.

(2)

For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House of Representatives or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3).

(e)

Definition

As used in this section, the term appropriation bill means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2010 or any subsequent fiscal year, as the case may be.

.

222.

Establishment of Mandatory Deficit Reduction Account

Title III of the Congressional Budget Act of 1974 (as amended by section 606) is further amended by adding at the end the following new section:

317.

Mandatory Deficit Reduction Account

(a)

Establishment of Account

The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the deficit reduction Mandatory Account. The Account shall be divided into entries corresponding to the House of Representatives or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted joint resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the First Year deficit reduction Account and the Five Year deficit reduction Account or the period covered by the resolution on the budget for that fiscal year, as applicable.

(b)

Components

Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made.

(c)

Calculation of Account Savings in House and Senate

For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed.

(d)

Crediting of Amounts to Account

(1)

Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of mandatory budget authority provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted joint resolution on the budget and in addition the portion of such reduction achieved in the first five years covered by the most recently adopted joint resolution on the budget that shall be credited to the First Year deficit reduction Balance and the Five Year deficit reduction Balance, as applicable, if the amendment is agreed to.

(2)

Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House of Representatives or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House of Representatives or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill.

(3)

When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House of Representatives or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the First Year deficit reduction Balance and the Five Year deficit reduction Balance, or that fall within the last sentence of paragraph (1).

(4)

The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House.

(e)

Definition

As used in this section, the term appropriation bill means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2009 or any subsequent fiscal year, as the case may be.

.

223.

Conforming amendment

The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new items:

Sec. 316. Discretionary deficit reduction account.

Sec. 317. Mandatory deficit reduction account.

.

C

Statutory Budget Limits and Enforcement

I

Spending Limits and Deficit Control

231.

Discretionary spending limits

(a)

Discretionary Spending Limits

Section 251 of the Balanced Budget and Emergency Deficit Control of Act of 1985 is amended to read as follows:

(a)

Discretionary Spending Limits

The total level of discretionary spending for all non-security discretionary spending programs, projects, and activities means, in any fiscal year in which there is a deficit through fiscal year 2020, an amount of discretionary spending outlays not exceeding the discretionary spending outlays for the preceding fiscal year as adjusted for inflation.

(b)

Sequence of Sequestration Reports

Within 15 calendar days after Congress adjourns to end a session and on the same day as a spending reduction ordered under sections 252A and 253, but prior to any spending reduction required by sections 252A and 253, OMB shall issue a final spending reduction report to reduce an excess spending amount.

(c)

Spending Reduction Order

A spending reduction ordered pursuant to subsection (b) shall be implemented using the procedures set forth in section 256.

.

(b)

Conforming Amendment

The item relating to section 251 in the table of contents set forth in 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

Sec. 251. Discretionary spending limits.

.

232.

Total spending limits

(a)

Total Spending Limits

After section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, add the following new section:

252A.

Total spending limits

(a)

Projections

(1)

Spending projections

For the current fiscal year and each subsequent ten fiscal years:

(A)

OMB shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (d), and include such report in the budget as submitted by the President annually under section 1105(a) of title 31, United States Code.

(B)

CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (d) and include such report in the CBO annual baseline and reestimate of the President’s budget.

(2)

Inclusion in spending reduction orders

Reports prepared pursuant to subsection (a) shall be included in the spending reduction report set forth in subsection (b).

(b)

Spending Reduction Report

Within 15 calendar days after Congress adjourns to end a session and on the same day as a spending reduction ordered under sections 251, 252A, and 253, but after any spending reduction required by sections 251 and 252A, but before section 253, OMB shall issue a spending reduction report to reduce an excess spending amount (if any remains).

(c)

Spending Reduction Order

A spending reduction ordered pursuant to subsection (b) shall be implemented using the procedures set forth in section 256.

(d)

Total Spending Limits

(1)

fiscal year 2010: 25 percent;

(2)

fiscal year 2011: 24 percent;

(3)

fiscal year 2012: 22 percent;

(4)

fiscal year 2013: 22 percent;

(5)

fiscal year 2014: 22 percent;

(6)

fiscal year 2015: 21 percent;

(7)

fiscal year 2016: 21 percent;

(8)

fiscal year 2017: 20 percent;

(9)

fiscal year 2018: 20 percent;

(10)

fiscal year 2019: 19 percent; and

(11)

fiscal year 2020 and each year thereafter: 18 percent;

of the projected GDP for the budget year.
(e)

Temporary Adjustment Authority

OMB shall make adjustments to the total spending limits set forth in subsection (d)(6) and the years thereafter equal to the percentage level of—

(1)

the average per capita benefit for OASDI and Medicare eligible retirees born during the period of fiscal years 1946 through 1964 receiving benefits under the OASDI and Medicare programs in fiscal year 2014;

(2)

multiplied by the increase in the number of such beneficiaries in the applicable fiscal year from the number of such beneficiaries in fiscal year 2014;

(3)

adjusted for—

(A)

the blend of the Consumer Price Index and the Medical Economic Index for Medicare programs; and

(B)

the Consumer Price Index for OASDI programs; and

(4)

as a percentage of the gross domestic product of the applicable fiscal year.

OMB may modify the adjustments required by this subsection in order that the spending limits accommodate the OASDI and Medicare benefits of individuals who were born during the period of fiscal years 1946 through 1964.
(f)

Additional Temporary Adjustment Authority

OMB shall make further adjustments to the total spending limits for any fiscal year set forth in subsection (d) to ensure that any individual who is at least 55 years of age on January 1 of the calendar year in which this subsection is enacted shall receive full benefits under the OASDI and Medicare programs.

.

(b)

Definitions

Section 3 of such Act (2 U.S.C. 622) is further amended by adding at the end the following new paragraph:

(14)

The term total spending means all outlays of the Federal Government including those from off-budget entities and budget authority and outlays flowing therefrom, as applicable, designated as emergencies.

.

(c)

Conforming Amendment

The table of contents set forth in 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 252A the following new item:

Sec. 252A. Total spending limits.

.

233.

Deficit limits

(a)

Amend section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 to read as follows:

253.

Deficit limits

(a)

Deficit Projections

(1)

Deficit amounts

For the current fiscal year and each subsequent ten fiscal years:

(A)

OMB shall prepare a report comparing projected total deficits and the Deficit Limits in subsection (d), and include such report in the budget as submitted by the President annually under section 1105(a) of title 31, United States Code.

(B)

CBO shall prepare a report comparing projected deficits amounts and the Deficit Limits in subsection (d) and include such report in the CBO annual baseline and reestimate of the President’s budget.

(2)

Inclusion in spending reduction orders

Reports prepared pursuant to subsection (a) shall be included in the spending reduction report set forth in subsection (c).

(b)

Deficit reduction report

Within 15 calendar days after Congress adjourns to end a session and on the same day as a spending reduction ordered under sections 251 and 252A, but after any spending reduction required by section 251, OMB shall issue a spending reduction report to reduce an excess spending amount (if any remains).

(c)

Deficit reduction order

A spending reduction ordered pursuant to subsection (b) shall be implemented using the procedures set forth in section 256.

(d)

Deficit Limits

In this section, the term Deficit Limit means an amount that equals with respect to—

(1)

fiscal year 2011: 6.9 percent;

(2)

fiscal year 2012: 4.8 percent;

(3)

fiscal year 2013: 4.5 percent;

(4)

fiscal year 2014: 3.8 percent;

(5)

fiscal year 2015: 3.0 percent;

(6)

fiscal year 2016: 2.7 percent;

(7)

fiscal year 2017: 2.3 percent;

(8)

fiscal year 2018: 2.0 percent;

(9)

fiscal year 2019: 1.3 percent; and

(10)

fiscal year 2020 and each fiscal year thereafter 0.0 percent;

of the projected GDP for the budget year.

.

(b)

Conforming Amendment

The item relating to section 253 in the table of contents set forth in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

Sec. 253. Deficit limits.

.

II

Reports and Orders

241.

Reports and orders

Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

254.

Reports and Orders

(a)

Timetable

Date:Action to be completed:
5 days before the President’s budget submissionCBO sequestration preview report.
President’s budget submissionOMB sequestration preview report.
August 10CBO sequestration update report.
August 20OMB sequestration update report.
10 days after end of sessionCBO sequestration final report.
15 days after end of sessionOMB sequestration final report; Presidential order.
(b)

Submission and Availability of Reports

Each report required by this section shall be submitted to the Budget Committees of the House of Representatives and the Senate. On the following day a notice of the report shall be printed in the Federal Register.

(c)

Sequestration Preview Reports

(1)

Reporting requirement

On the dates specified in subsection (a), OMB and CBO shall issue a preview report regarding discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates.

(2)

Discretionary spending limit sequestration report

The preview reports shall set forth estimates for the current year and each subsequent year through 2019 of the applicable discretionary spending limits and an explanation of any adjustments in such limits under section 251.

(3)

Total spending limit sequestration report

The preview reports shall set forth for the budget year estimates for each of the following:

(A)

The total spending limit and the estimated total spending amount calculated under section 252A, and the excess deficit.

(B)

The amount of reductions required under sections 251 and 252A, the excess total spending amount remaining after those reductions have been made.

(C)

The sequestration percentage necessary to achieve the required reduction in any fiscal year for which a Deficit Limit is set forth pursuant to this Act.

(4)

Deficit limit sequestration report

The preview reports shall set forth for the budget year estimates for each of the following:

(A)

The maximum deficit amount, the estimated deficit calculated under section 253(b), the excess deficit;

(B)

The amount of reductions required under sections 251 and 252A, the excess deficit remaining after those reductions have been made; and

(C)

The sequestration percentage necessary to achieve the required reduction in any fiscal year for which a Deficit Limit is set forth pursuant to this Act.

(5)

Explanation of differences

The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection.

(d)

Sequestration Update Reports

On the dates specified in subsection (a), OMB and CBO shall issue a sequestration update report, reflecting laws enacted through those dates, containing all of the information required in the sequestration preview reports.

(e)

Final Sequestration Reports

(1)

Reporting requirement

On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates.

(2)

Discretionary spending sequestration reports

The final reports shall set forth estimates for each of the following:

(A)

For the current year and each subsequent year the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 251.

(B)

For the current year and the budget year the estimated new budget authority and outlays for each category and the breach, if any, in each category.

(C)

For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction.

(D)

For the budget year, for each account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestration and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions.

(3)

Total spending and deficit limit sequestration reports

The final reports shall contain all the information required in the total spending and deficit limit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs.

(4)

Explanation of differences

The OMB report shall explain any differences between OMB and CBO estimates of any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable resources for any budget account to be reduced if such difference is greater than $5,000,000.

(5)

Presidential order

On the date specified in subsection (a), if in its final sequestration report OMB estimates that any sequestration is required, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance.

(f)

Within-Session Sequestration Reports

If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach, 10 days later CBO shall issue a report containing the information required in subsection (e)(2). Fifteen days after enactment, OMB shall issue a report containing the information required in subsections (e)(2) and (e)(4). On the same day as the OMB report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance.

(g)

GAO Compliance Report

Upon request of the Committee on the Budget of the House of Representatives or the Senate, the Comptroller General shall submit to the Congress and the President a report on—

(1)

the extent to which each order issued by the President under this section complies with all of the requirements contained in this part, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not; and

(2)

the extent to which each report issued by OMB or CBO under this section complies with all of the requirements contained in this part, either certifying that the report fully and accurately complies with such requirements or indicating the respects in which it does not.

(h)

Low-Growth Report

At any time, CBO shall notify the Congress if—

(1)

during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or

(2)

the most recent of the Department of Commerce’s advance preliminary or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than one percent.

(i)

Economic and Technical Assumptions

In all reports required by this section, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31, United States Code.

.

242.

Spending and deficit limits enforcement

(a)

Conforming Amendments to Section 312

Section 312 of the Congressional Budget Act of 1974 is amended—

(1)

by striking subsection (a) and inserting the following:

(a)

Budget Committee Determinations

For purposes of this title, the levels of new budget authority, outlays, direct spending, deficits, revenues, and debt, or the increases or decreases of such levels for purpose of section 303, shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as applicable.

.

(2)

by striking subsections (b) and (c) and redesignating subsections (d), (e), and (f) as (h), (i), and (j).

(b)

Enforcement Amendments to Section 312

Section 312 of the Congressional Budget Act of 1974 is further amended by adding at the end the following new subsections after subsection (a):

(b)

Discretionary Spending Limit Point of Order

It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, concurrent resolution, or conference report that—

(1)

causes the discretionary spending limits for the budget year to be breached;

(2)

increases the discretionary spending limits for the budget year or any ensuing fiscal year; or

(3)

includes any provision that has the effect of modifying the application of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985.

(c)

Total Spending Limit Point of Order

It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, concurrent resolution, amendment, or conference report that—

(1)

causes the total spending limits for the budget year, as a percentage of gross domestic product, to be breached; or

(2)

increases outlays above the total spending limits, as a percentage of gross domestic product, for the budget year or any ensuing fiscal year after the budget year.

(d)

Deficit Limit Point of Order

It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, concurrent resolution, or conference report that—

(1)

causes the Deficit Limits for the budget year, as a percentage of gross domestic product, to be breached; or

(2)

increases the amount of deficit, as a percentage of gross domestic product, for the budget year or any ensuing fiscal year.

(e)

Sequestration Application

It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, concurrent resolution, or conference report that—

(1)

includes any provision that has the effect of modifying the application of section 256 of the Balanced Budget and Emergency Deficit Control Act of 1985 to any program subject to sequestration or exempt from sequestration; and

(2)

includes any provision that has the effect of modifying the application of section 251, 252A, or 253 to any program subject to sequestration or exempt from sequestration.

(f)

Waiver or Suspension

The provisions of this section may be waived or suspended:

(1)

In the Senate

In the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

(2)

In the House of Representatives

In the House of Representatives:

(A)

Only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn.

(B)

It shall not be in order to consider a rule or order that waives the application of subparagraph (A).

(C)

It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV of the Rules of the House of Representatives.

.

243.

Spending reduction orders

(a)

In General

Section 256 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

256.

Spending Reduction Order

(a)

Application

A spending reduction order issued pursuant to this part shall apply to eliminate breaches of the limits set forth in sections 251 (discretionary spending limits), 252A (total spending limits), and 253 (Deficit limits).

(b)

Waiver or Suspension

(1)

In the Senate, the provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn.

(2)

In the House—

(A)

The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn.

(B)

It shall not be in order to consider a rule or order that waives the application of paragraph (1).

(C)

It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV of the Rules of the House of Representatives.

(c)

General Rules

(1)

Calculation of spending reduction percentage

OMB shall include in its final spending sequestration report a requirement that each nonexempt spending account shall be reduced by an amount of budget authority calculated by multiplying the baseline level of budgetary resources in that account at that time by the uniform percentage necessary to reduce outlays sufficient to eliminate an excess spending amount.

(2)

Exemptions

The following shall be exempt from reduction under any order issued under this part:

(A)

Payments for net interest.

(B)

Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act if—

(i)

OASDI Trust Funds are actuarially solvent in the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(C)(2) of the Social Security Act; and

(ii)

OASDI Trust Funds have not run a cash deficit in the fiscal year prior to the transmittal of the most recent Sequestration Preview Report.

(C)

Benefits provided to veterans defined as direct spending payable by the Department of Veterans affairs.

(D)

Obligated balances of budget authority carried over from prior fiscal years.

(E)

Any obligations of the Federal Government required to be paid under the United States Constitution or legally contractual obligations.

(F)

Provisions of spending legislation designated by the President, and so designated in statute, as an emergency, except an amount of budget authority and the outlays flowing therefrom so designated that is above the emergency reserve fund as calculated in section 317(b) of the Congressional Budget Act of 1974 shall not be exempt.

(G)

Any program whose growth in the budget year is equal to or less than the consumer price index.

(H)

Intergovernmental transfers.

(3)

One-percent reduction limitation

No program shall be subject to a spending reduction of more than one percent of its budgetary resources.

(4)

Calculation of spending reduction

The percentage required to produce a spending reduction, as ordered by a spending reduction order, shall be calculated by OMB by adding all budgetary resources of the Government, and reducing that amount by an amount sufficient to reduce the total amount of outlays of the Government to equal, or lower, a level of outlays than the amount set forth in the guideline period.

(5)

Application

Once issued, a spending reduction shall be applied to nonexempt programs as follows:

(A)

Budgetary resources subject to a spending reduction to any discretionary account shall be permanently canceled.

(B)

The same percentage spending reduction shall apply to all programs, projects, and activities within a budget account (with programs, projects, and activities as delineated in the appropriation Act or accompanying report for the relevant fiscal year covering that account, or for accounts not included in appropriation Acts, as delineated in the most recently submitted President's budget).

(C)

Administrative regulations implementing a spending reduction shall be made within 120 days of the issue of a spending reduction order.

(6)

OASDI special procedures

If the OASDI Trust Funds are subject to sequestration, then payments from such Trust Funds shall be treated the same as other programs, except—

(A)

reductions from such Trust Funds shall not exceed one percent of the 75-year unfunded liability set forth in the most current Social Security Trustees Report;

(B)

reduction in individual benefits shall be implemented by increasing the Normal Retirement Age (NRA) by an amount certified by the Social Security Office of the Chief Actuary;

(C)

the increase in the NRA shall not be applied to any beneficiary born in a year 55 years or before—

(i)

the year of the enactment of the Spending, Deficit, and Debt Control Act of 2009; or

(ii)

the year in which the final spending sequestration report is issued; and

(D)

no change in the NRA shall be made before it is fully phased-in under the Social Security Act as in effect before the date of enactment of the Spending, Deficit, and Debt Control Act of 2009.

(d)

Discretionary Spending Sequestration

(1)

Eliminating a breach

Each nonexempt account shall be reduced by an amount of budget authority calculated by multiplying the baseline level of budgetary resources subject to sequestration in that account at that time by the uniform percentage necessary to eliminate a breach by—

(A)

first, calculating the uniform percentage necessary to eliminate a breach in new budget authority, if any, and

(B)

second, if any breach in outlays remains, increasing the uniform percentage to a level sufficient to eliminate that breach.

(2)

Emergency spending above the reserve fund

An amount of budget authority and the outlays flowing therefrom designated in statute as an emergency that is above level in the emergency reserve fund as calculated in Section 317(b) of the Congressional Budget Act of 1974 shall count toward the discretionary spending limits.

(3)

Part-year appropriations

If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraph (2) shall be subtracted from—(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and (B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full year appropriation.

(4)

Look-back

If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach for that year, the discretionary spending limits for the next fiscal year shall be reduced by the amount of the breach.

(5)

Within-session sequestration

If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach for that year (after taking into account any prior sequestration of amounts), 15 days later there shall be a sequestration to eliminate that breach following the procedures set forth in paragraphs (2) through (3).

(6)

Estimates

(A)

CBO estimates

As soon as practicable after Congress completes action on any discretionary appropriation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation.

(B)

OMB estimates

Not later than seven calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation, and an explanation of any difference between the two estimates.

(C)

Explanation of differences between OMB and OMB estimates

If OMB determines that there is a significant difference between OMB and CBO reports prepared pursuant to subparagraph (A) and (B), OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation shall include, to extent practicable, written communication to those committees that affords such committees the opportunity to comment before the issuance of the report.

(D)

Assumptions and guidelines

OMB estimates under this paragraph shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House of Representatives and Senate Committees on the Budget, CBO, and OMB.

(E)

Annual appropriations

For purposes of this paragraph, amounts provided by annual appropriations shall include any new budget authority and outlays for the current year (if any) and the budget year in accounts for which funding is provided in that legislation that result from previously enacted legislation.

(7)

Discretionary sequestration limitation

If appropriations for a fiscal year do not require a sequester pursuant to the discretionary spending limits set forth in this Act, discretionary accounts shall not be subject to sequestration under section 252A or 253.

.

(b)

Low-Growth Amendment

Amend section 258(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 to read as follows:

(b)

Suspension of Sequestration Procedures

Upon the enactment of a declaration of war or a joint resolution described in subsection (a)—

(1)

the subsequent issuance of any sequestration report to enforce the spending limits in section 252A or the Deficit Limits in section 253 order is precluded;

(2)

sections 302(f), 310(d), 311(a), of the Congressional Budget Act of 1974 are suspended; and

(3)

section 1103 of title 31, United States Code, is suspended.

.

(c)

Technical and Conforming Amendments

(1)

Repeals

Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed.

(2)

Conforming amendment

The item relating to section 256 in the table of contents set forth in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

Sec. 256. Spending reduction order.

.

D

Prevention of Government Shutdown

251.

Amendment to title 31

(a)

In General

Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section:

1311.

Continuing appropriations

(a)
(1)

If any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, excluding any budget authority designated as an emergency or temporary funding for projects or activities that are not part of ongoing operations, to such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year—

(A)

in the corresponding regular appropriation Act for such preceding fiscal year; or

(B)

if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year.

(2)

Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of—

(A)

the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year;

(B)

in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year;

(C)

the rate of operations provided for in the regular appropriation bill as passed by the House of Representatives or the Senate for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version; or

(D)

the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act.

(3)

Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of—

(A)

the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or

(B)

the last day of such fiscal year.

(b)

An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law.

(c)

Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity.

(d)

Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law.

(e)

This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)—

(1)

makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or

(2)

specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.

(f)

For purposes of this section, the term regular appropriation bill means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities:

(1)

Agriculture, rural development, Food and Drug Administration, and related agencies programs.

(2)

The Department of Defense.

(3)

Energy and water development, and related agencies.

(4)

State, foreign operations, and related programs.

(5)

The Department of Homeland Security.

(6)

The Department of the Interior, Environmental Protection Agency, and related agencies.

(7)

The Departments of Labor, Health and Human Services, and Education, and related agencies.

(8)

Military construction, veterans affairs, and related agencies.

(9)

Science, the Departments of State, Justice, and Commerce, and related agencies.

(10)

The Departments of Transportation, Housing and Urban Development, and related agencies.

(11)

The Legislative Branch.

(12)

Financial services and general government.

.

(b)

Clerical Amendment

The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item:

1311. Continuing appropriations.

.

(c)

Effective date

The amendment made by this section shall apply to fiscal year 2011.

E

Joint Budget Resolution

271.

Purposes

Paragraphs (1) and (2) of section 2 of the Congressional Budget and Impoundment Control Act of 1974 are amended to read as follows:

(1)

to assure effective control over the budgetary process; and

(2)

to facilitate the determination each year of the appropriate level of Federal revenues and expenditures by the Congress and the President;

.

272.

Timetable

Section 300 of the Congressional Budget Act of 1974 is amended to read as follows:

300.

Timetable

The timetable with respect to the Congressional budget process for any fiscal year is as follows:

First Session
On or before:Action to be completed:
First Monday in FebruaryPresident submits his budget.
February 15Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President submits budgetCommittees submit views and estimates to Budget Committees.
April 1Budget Committees report joint resolution on the budget.
April 15Congress completes action on joint resolution on the budget.
June 10House Appropriations Committee reports last annual appropriation bill.
June 15Congress completes action on reconciliation legislation.
June 30House completes action on annual appropriation bills.
October 1Fiscal year begins.

.

273.

Joint resolution on the budget

(a)

Content of Joint Resolutions on the Budget

Section 301(a)(4) of the Congressional Budget Act of 1974 is amended to read as follows:

(4)

subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid, other direct spending (excluding interest), and interest; and for emergencies (for the reserve fund in section 317(b) and for military operations in section 317(C));

.

(b)

Additional Matters in Joint Resolution

Section 301(b) of the Congressional Budget Act of 1974 is amended as follows:

(1)

Strike paragraphs (1), and (6) through (9).

(2)

Redesignate paragraphs (2), (3), (4), and (5) accordingly.

(3)

Amend paragraph (3), as redesignated, to read as follows:

(3)

set forth such other matters, and require such other procedures, relating to the budget as may be appropriate to carry out the purposes of the Act, but shall not include a suspension or alteration of the application of the motion to strike a provision as set forth in section 310(d)(2) or (h)(2)(F).

.

(c)

Required Contents of Report

Section 301(e)(2) of the Congressional Budget Act of 1974 is amended as follows:

(1)

Redesignate subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (B), (C), (E), (F), (H), and (I), respectively.

(2)

Before subparagraph (B) (as redesignated), insert the following new subparagraph:

(A)

new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1);

.

(3)

In subparagraph (C) (as redesignated), strike mandatory and insert direct spending.

(4)

After subparagraph (C) (as redesignated), insert the following new subparagraph:

(D)

a measure, as a percentage of gross domestic product, of total outlays, total Federal revenues, the surplus or deficit, and new outlays for nondefense discretionary spending, defense spending, Medicare, Medicaid and other direct spending as set forth in such resolution;

.

(5)

After subparagraph (F) (as redesignated), insert the following new subparagraph:

(G)

if the joint resolution on the budget includes any allocation to a committee other than the Committee on Appropriations of levels in excess of current law levels, a justification for not subjecting any program, project, or activity (for which the allocation is made) to annual discretionary appropriations;

.

(d)

Additional Contents of Report

Section 301(e)(3) of the Congressional Budget Act of 1974 is amended as follows:

(1)

Redesignate subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, strike subparagraphs (C) and (D), and redesignate subparagraph (E) as subparagraph (D) and strike the period and insert ; and.

(2)

Before subparagraph (B), insert the following new subparagraph:

(A)

new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1);

.

(3)

At the end, add the following new subparagraph:

(E)

set forth, if required by subsection (f), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 should be achieved.

.

(e)

Budget Presentation

After section 301(e)(3) add the following new paragraph:

(4)

Budget Format

In addition to the contents that may be included in the report pursuant to paragraph (3), a presentation of the functional categories may also be included as follows:

(A)

Principal Federal Obligations

Activities intrinsic to the Federal Government (including both discretionary and mandatory spending) as follows:

(i)

National defense;

(ii)

International affairs;

(iii)

Veterans benefits and services; and

(iv)

Administration of justice.

(B)

Federally Supported Domestic Priorities

The total domestic discretionary spending levels as follows:

(i)

Total domestic discretionary spending.

(ii)

Optional inclusion of additional specific recommended levels.

(C)

Major Domestic Entitlements

Major domestic direct spending programs as follows:

(i)

Medicare.

(ii)

Medicaid.

(iii)

Other direct spending.

(iv)

Optional inclusion of additional specific recommended levels.

(D)

General Government and Financial Management

Funding for financing government operations as follows:

(i)

General government.

(ii)

Net interest.

(iii)

Allowances.

(iv)

Offsetting receipts.

.

(f)

President’s Budget Submission to Congress

(1)

The first two sentences of section 1105(a) of title 31, United States Code, are amended to read as follows: “On or after the first Monday in January but not later than the first Monday in February of each year the President shall submit a budget of the United States Government for the following fiscal year which shall set forth the following levels:

(A)

Totals of new budget authority and outlays.

(B)

Total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees.

(C)

The surplus or deficit in the budget.

(D)

Subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, direct spending (excluding interest), and interest, and for emergencies (for the reserve fund in section 317(b) and for military operations in section 317(c).

(E)

The public debt.

Each budget submission shall include a budget message and summary and supporting information and, as a separately delineated statement, the levels requires in the preceding sentence for at least each of the 4 ensuing fiscal years.

.

(2)

The third sentence of section 1105(a) of title 31, United States Code, is amended by inserting submission after budget.

(g)

Limitation on the Content of Budget Resolutions

Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:

(e)

Limitation on Contents

(1)

It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2).

(2)

Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301(a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section.

.

274.

Budget required before spending bills may be considered

(a)

Amendments to Section 302

Section 302 of the Congressional Budget Act of 1974 is amended—

(1)

in subsection (a), by striking paragraph (5); and

(2)

in subsection (f)(1)(A), by striking as reported.

(b)

Amendments to Section 303 and Conforming Amendments

Section 303 of the Congressional Budget Act of 1974 is amended—

(1)

by striking “(a) In General.—”, by striking has been agreed to and inserting takes effect in subsection (a), and by striking subsections (b) and (c); and

(2)

by striking its section heading and inserting the following new section heading: consideration of budget-related legislation before budget becomes law.

(c)

Expedited Procedures Upon Veto of Joint Resolution on the Budget

(1)

Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section:

316.

Expedited Procedures Upon Veto of Joint Resolution on the Budget

(a)

Special Rule

If the President vetoes a joint resolution on the budget for a fiscal year, the majority leader of the House of Representatives or Senate (or his designee) shall introduce a concurrent resolution on the budget or joint resolution on the budget for such fiscal year. If the Committee on the Budget of either House fails to report such concurrent or joint resolution referred to it within five calendar days (excluding Saturdays, Sundays, or legal holidays except when that House of Congress is in session) after the date of such referral, the committee shall be automatically discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar.

(b)

Procedure in the House of Representatives and the Senate

(1)

Except as provided in paragraph (2), the provisions of section 305 for the consideration in the House of Representatives and in the Senate of joint resolutions on the budget and conference reports thereon shall also apply to the consideration of concurrent resolutions on the budget introduced under subsection (a) and conference reports thereon.

(2)

Debate in the Senate on any concurrent resolution on the budget or joint resolution on the budget introduced under subsection (a), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours and in the House of Representatives such debate shall be limited to not more than 3 hours.

(c)

Contents of Concurrent Resolutions

Any concurrent resolution on the budget introduced under subsection (a) shall be in compliance with section 301.

(d)

Effect of Concurrent Resolution on the Budget

Notwithstanding any other provision of this title, whenever a concurrent resolution on the budget described in subsection (a) is agreed to, then the aggregates, allocations, and reconciliation directives (if any) contained in the report accompanying such concurrent resolution or in such concurrent resolution shall be considered to be the aggregates, allocations, and reconciliation directives for all purposes of sections 302, 303, and 311 for the applicable fiscal years and such concurrent resolution shall be deemed to be a joint resolution for all purposes of this title and the Rules of the House of Representatives and any reference to the date of enactment of a joint resolution on the budget shall be deemed to be a reference to the date agreed to when applied to such concurrent resolution.

.

(2)

The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item:

Sec. 316. Discretionary Deficit Reduction Account.

.

275.

Amendments to joint resolutions on the budget

(a)

Definition

Paragraph (4) of section 3 of the Congressional Budget Act of 1974 is amended to read as follows:

(4)

the term joint resolution on the budget means—

(A)

a joint resolution setting forth the budget for the United States Government for a fiscal year as provided in section 301; and

(B)

any other joint resolution revising the budget for the United States Government for a fiscal year as described in section 304.

.

(b)

Additional Amendments to the Congressional Budget and Impoundment Control Act of 1974

(1)
(A)

Sections 301, 302, 303, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking concurrent each place it appears and inserting joint.

(B)

Section 301 of the Congressional Budget Act of 1974 is further amended by striking the last sentence.

(C)
(i)

Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking most recently agreed to concurrent resolution on the budget each place it occurs and inserting most recently enacted joint resolution on the budget or agreed to concurrent resolution on the budget (as applicable).

(ii)

The section heading of section 301 is amended by striking annual adoption of concurrent resolution and inserting joint resolutions; and

(iii)

Section 304 of such Act is amended to read as follows:

304.

Permissible Revisions of Budget Resolutions

At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement off of the budget resolution.

.

(D)

Sections 302, 303, 310, and 311, of such Act are amended by striking agreed to each place it appears and by inserting enacted.

(2)
(A)

Paragraph (4) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking concurrent each place it appears and by inserting joint.

(B)

The table of contents set forth in section 1(b) of such Act is amended—

(i)

in the item relating to section 301, by striking Annual adoption of concurrent resolution and inserting Joint resolutions;

(ii)

by striking the item relating to section 303 and inserting the following:

Sec. 303. Consideration of budget-related legislation before budget becomes law.

.

(iii)

by striking concurrent and inserting joint in the item relating to section 305.

(c)

Conforming Amendments to the Rules of the House of Representatives

Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking concurrent each place it appears and inserting joint.

(d)

Conforming Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985

Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking concurrent and inserting joint.

(e)

Conforming Amendments to Section 310 Regarding Reconciliation Directives

(1)

The side heading of section 310(a) of the Congressional Budget Act of 1974 (as amended by section 105(b)) is further amended by inserting Joint Explanatory Statement Accompanying Conference Report on before Joint.

(2)

Section 310(a) of such Act is amended by striking A and inserting The joint explanatory statement accompanying the conference report on a.

(3)

The first sentence of section 310(b) of such Act is amended by striking If and inserting If the joint explanatory statement accompanying the conference report on.

(4)

Section 310(c)(1) of such Act is amended by inserting the joint explanatory statement accompanying the conference report on after pursuant to.

(f)

Conforming Amendments to Section 3 Regarding Direct Spending

Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph:

(11)

The term direct spending has the meaning given to such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985.

.

III

Fiscal Discipline, Earmark Reform, and Accountability Act

301.

Short title

This title may be cited as the Fiscal Discipline, Earmark Reform, and Accountability Act.

302.

Reform of consideration of appropriations bills in the Senate

(a)

In general

Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following:

9. (a)

On a point of order made by any Senator:

(1)

No new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill.

(2)

No amendment may be received to any general appropriation bill the effect of which will be to add an unauthorized appropriation to the bill.

(3)

No unauthorized appropriation may be included in any amendment between the Houses, or any amendment thereto, in relation to a general appropriation bill.

(b)
(1)

If a point of order under subparagraph (a)(1) against a Senate bill or amendment is sustained—

(A)

the new or general legislation or unauthorized appropriation shall be struck from the bill or amendment; and

(B)

any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the bill or amendment shall be made.

(2)

If a point of order under subparagraph (a)(1) against an Act of the House of Representatives is sustained when the Senate is not considering an amendment in the nature of a substitute, an amendment to the House bill is deemed to have been adopted that—

(A)

strikes the new or general legislation or unauthorized appropriation from the bill; and

(B)

modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the bill;

(c)

If the point of order against an amendment under subparagraph (a)(2) is sustained, the amendment shall be out of order and may not be considered.

(d)
(1)

If a point of order under subparagraph (a)(3) against a Senate amendment is sustained—

(A)

the unauthorized appropriation shall be struck from the amendment;

(B)

any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the amendment shall be made; and

(C)

after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the amendment as so modified.

(2)

If a point of order under subparagraph (a)(3) against a House of Representatives amendment is sustained—

(A)

an amendment to the House amendment is deemed to have been adopted that—

(i)

strikes the new or general legislation or unauthorized appropriation from the House amendment; and

(ii)

modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the House amendment; and

(B)

after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the question of whether to concur with further amendment.

(e)

The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter.

(f)

A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn.

(g)

Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a general appropriation bill or an amendment between the Houses on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (f), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.

(h)

For purposes of this paragraph:

(1)

The term new or general legislation has the meaning given that term when it is used in paragraph 2 of this rule.

(2)

The term new matter means matter not committed to conference by either House of Congress.

(3)
(A)

The term unauthorized appropriation means a congressionally directed spending item as defined in rule XLIV—

(i)

that is not specifically authorized by law or Treaty stipulation (unless the appropriation has been specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law); or

(ii)

the amount of which exceeds the amount specifically authorized by law or Treaty stipulation (or specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law) to be appropriated.

(B)

An appropriation is not specifically authorized if it is restricted or directed to, or authorized to be obligated or expended for the benefit of, an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that is so restricted, directed, or authorized that it applies only to a single identifiable person, program, project, entity, or jurisdiction, unless the identifiable person, program, project, entity, or jurisdiction to which the restriction, direction, or authorization applies is described or otherwise clearly identified in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law) that specifically provides for the restriction, direction, or authorization of appropriation for such person, program, project, entity, or jurisdiction.

10. (a)

On a point of order made by any Senator, no new or general legislation, nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill.

(b)

If the point of order against a conference report under subparagraph (a) is sustained—

(1)

the new or general legislation, unauthorized appropriation, new matter, or nongermane matter in such conference report shall be deemed to have been struck;

(2)

any modification of total amounts appropriated necessary to reflect the deletion of the matter struck shall be deemed to have been made;

(3)

when all other points of order under this paragraph have been disposed of—

(A)

the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck (together with any modification of total amounts appropriated);

(B)

the question shall be debatable; and

(C)

no further amendment shall be in order; and

(4)

if the Senate agrees to the amendment, then the bill and the Senate amendment thereto shall be returned to the House for its concurrence in the amendment of the Senate.

(c)

The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter.

(d)

A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn.

(e)

Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a conference report on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (d), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.

(f)

For purposes of this paragraph:

(1)

The terms new or general legislation, new matter, and unauthorized appropriation have the same meaning as in paragraph 9.

(2)

The term nongermane matter has the same meaning as in rule XXII and under the precedents attendant thereto, as of the beginning of the 110th Congress.

.

(b)

Requiring conference reports To be searchable online

Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the Senate is amended by inserting in an searchable format after available.

303.

Lobbying on behalf of recipients of Federal funds

The Lobbying Disclosure Act of 1995 is amended by adding after section 5 the following:

5A.

Reports by recipients of Federal funds

(a)

In general

A recipient of Federal funds shall file a report as required by section 5(a) containing—

(1)

the name of any lobbyist registered under this Act to whom the recipient paid money to lobby on behalf of the Federal funding received by the recipient; and

(2)

the amount of money paid as described in paragraph (1).

(b)

Definition

In this section, the term recipient of Federal funds means the recipient of Federal funds constituting an award, grant, or loan.

.