Fiscal Freeze Act of 2010 - Congressional Accountability and Line Item Veto Act of 2010 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose the repeal of any congressional earmark or the cancellation (line item veto) of any limited tariff or targeted tax benefit.
Dedicates any such repeal or cancellation solely to deficit reduction or increase of a surplus.
Prescribes procedures for expedited consideration in each chamber for such proposals.
Authorizes the President temporarily to withhold congressional earmarks from obligation or suspend a limited tariff or targeted tax benefit.
Expresses the sense of Congress on abuse of proposed repeals and cancellations.
Makes it out of order in both chambers to consider legislation 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 the Congressional Budget Office (CBO).
Permits waiver or suspension of such prohibition, or successful appeals from rulings of the Chair, only by an affirmative vote of three-fifths (60) of the Senate.
Directs the chairs of the congressional budget committees to each maintain a deficit reduction Discretionary Account and a deficit reduction Mandatory Account.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to define the total level of discretionary spending for all non-security discretionary spending programs, projects, and activities to mean, in any fiscal year through FY2020 in which there is a deficit, an amount of discretionary spending outlays not exceeding the discretionary spending outlays for the preceding fiscal year as adjusted for inflation.
Establishes total spending limits for FY2010-FY2020 and thereafter, as well as total deficit limits for FY2011-FY2020 and thereafter.
Prescribes administrative procedures for: (1) spending reduction orders; and (2) sequestration reports for discretionary spending limits, total spending limits, and deficit limits.
Amends the Congressional Budget Act of 1974 (CBA) with respect to spending and deficit limit enforcement mechanisms.
Amends the Gramm-Rudman-Hollings Act to prescribe administrative and legislative procedures for spending reduction orders for discretionary spending limits, total spending limits, and deficit limits, with specified exceptions.
Amends the Gramm-Rudman-Hollings Act to suspend sequestration procedures for the spending or deficit limits in this Act upon the enactment of a declaration of war or the joint resolution suspending certain provisions of law.
Provides for continuing appropriations 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. (Thus prevents federal government shutdown.)
Amends the CBA to require joint budget resolutions signed by the President (currently, concurrent resolutions, which do not have to be signed by the President).
Repeals the requirement for submission to the House of Representatives of an allocation and sub-allocations, consistent with the discretionary spending levels in the most recently agreed to budget resolution, in the event that no new budget resolution becomes law before April 15 of any year.
Requires consideration of budget-related legislation before the budget resolution becomes law.
Prescribes procedures for expedited consideration in each chamber of a presidential veto of a budget resolution.
Fiscal Discipline, Earmark Reform, and Accountability Act - Amends the Standing Rules of the Senate to revise procedures for consideration of points of order against consideration of certain general appropriations bills in the Senate.
Amends the Rules to require all conference reports to be searchable online.
Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to disclose any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding, including the amount of such funds.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3026 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3026
To provide fiscal discipline through a freeze on spending and budget
process reforms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 23, 2010
Mr. Bayh (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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
TITLE I--CONGRESSIONAL ACCOUNTABILITY AND LINE-ITEM VETO ACT OF 2010
SEC. 101. SHORT TITLE.
This title may be cited as the ``Congressional Accountability and
Line-Item Veto Act of 2010''.
SEC. 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:
``Part B--Legislative Line-Item Veto
``line-item veto authority
``Sec. 1011. (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.
``procedures for expedited consideration
``Sec. 1012. (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.
``presidential deferral authority
``Sec. 1013. (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.
``identification of targeted tax benefits
``Sec. 1014. (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.
``treatment of cancellations
``Sec. 1015. 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.
``reports by comptroller general
``Sec. 1016. 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.
``definitions
``Sec. 1017. 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.
``expiration
``Sec. 1018. This title shall have no force or effect on or after
December 31, 2014.''.
SEC. 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.
SEC. 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.
TITLE II--BUDGET REFORMS
Subtitle A--Earmarks
SEC. 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.
Subtitle B--Deficit Reduction Accounts
SEC. 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:
``discretionary deficit reduction account
``Sec. 316. (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.''.
SEC. 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:
``mandatory deficit reduction account
``Sec. 317. (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.''.
SEC. 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.''.
Subtitle C--Statutory Budget Limits and Enforcement
PART I--SPENDING LIMITS AND DEFICIT CONTROL
SEC. 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.''.
SEC. 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:
``SEC. 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.''.
SEC. 233. DEFICIT LIMITS.
(a) Amend section 253 of the Balanced Budget and Emergency Deficit
Control Act of 1985 to read as follows:
``SEC. 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.''.
PART II--REPORTS AND ORDERS
SEC. 241. REPORTS AND ORDERS.
Section 254 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 254. REPORTS AND ORDERS.
``(a) Timetable.--
``Date: Action to be completed:
5 days before the President's budget CBO sequestration preview report.
submission.
President's budget submission........... OMB sequestration preview report.
August 10............................... CBO sequestration update report.
August 20............................... OMB sequestration update report.
10 days after end of session............ CBO sequestration final report.
15 days after end of session............ OMB 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.''.
SEC. 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.''.
SEC. 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:
``SEC. 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.''.
Subtitle D--Prevention of Government Shutdown
SEC. 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:
``Sec. 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.
Subtitle E--Joint Budget Resolution
SEC. 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;''.
SEC. 272. TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 is amended to
read as follows:
``timetable
``Sec. 300. 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 February................ President submits his budget.
February 15............................. Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President Committees submit views and estimates to Budget Committees.
submits budget.
April 1................................. Budget Committees report joint resolution on the budget.
April 15............................... Congress completes action on joint resolution on the budget.
June 10................................. House Appropriations Committee reports last annual appropriation bill.
June 15................................. Congress completes action on reconciliation legislation.
June 30................................. House completes action on annual appropriation bills.
October 1............................... Fiscal year begins.''.
SEC. 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.''.
SEC. 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:
``expedited procedures upon veto of joint resolution on the budget
``Sec. 316. (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.''.
SEC. 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:
``permissible revisions of budget resolutions
``Sec. 304. 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.''.
TITLE III--FISCAL DISCIPLINE, EARMARK REFORM, AND ACCOUNTABILITY ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Fiscal Discipline, Earmark Reform,
and Accountability Act''.
SEC. 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''.
SEC. 303. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.
The Lobbying Disclosure Act of 1995 is amended by adding after
section 5 the following:
``SEC. 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Budget.
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