110TH CONGRESS 

2D SESSION S. CON. RES. 70

CONCURRENT RESOLUTION

1 Resolved by the Senate (the House of Representatives 

2 concurring),

3 SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET 

4 FOR FISCAL YEAR 2009. 

5 (a) DECLARATION.—Congress declares that this reso6 lution is the concurrent resolution on the budget for fiscal 

7 year 2009 and that this resolution sets forth the appro8 priate budgetary levels for fiscal years 2008 and 2010 

9 through 2013. 

10 (b) TABLE OF CONTENTS.—The table of contents for 

11 this concurrent resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2009. 

TITLE I—RECOMMENDED LEVELS AND AMOUNTS 

Sec. 101. Recommended levels and amounts. 

Sec. 102. Social Security. 

Sec. 103. Postal Service discretionary administrative expenses. 

Sec. 104. Major functional categories. 

TITLE II—BUDGET PROCESS 

Subtitle A—Direct Spending and Receipts 

Sec. 201. Senate point of order against legislation increasing long-term deficits. 

Sec. 202. Point of order—20 percent limit on new direct spending in reconciliation legislation. 

Subtitle B—Discretionary Spending 
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Sec. 211. Discretionary spending limits, program integrity initiatives, and other 

adjustments. 

Sec. 212. Point of order against advance appropriations. 

Sec. 213. Senate point of order against provisions of appropriations legislation 

that constitute changes in mandatory programs with net costs. 

Sec. 214. Discretionary administrative expenses of the Postal Service. 

Subtitle C—Other Provisions 

Sec. 221. Application and effect of changes in allocations and aggregates. 

Sec. 222. Adjustments to reflect changes in concepts and definitions. 

Sec. 223. Debt disclosure requirement. 

Sec. 224. Debt disclosures. 

Sec. 225. Exercise of rulemaking powers. 

Sec. 226. Circuit breaker to protect social security. 

TITLE III—RESERVE FUNDS 

Sec. 301. Deficit-neutral reserve fund to strengthen and stimulate the American economy and provide economic relief to American families. 

Sec. 302. Deficit-neutral reserve fund for improving education. 

Sec. 303. Deficit-neutral reserve fund for investments in America’s infrastructure. 

Sec. 304. Deficit-neutral reserve fund to invest in clean energy, preserve the environment, and provide for certain settlements. 

Sec. 305. Deficit-neutral reserve fund for America’s veterans and wounded 

servicemembers and for a post 9/11 GI bill. 

Sec. 306. Deficit-neutral reserve fund to improve America’s health. 

Sec. 307. Sense of the Senate regarding Medicaid administrative regulations. 

Sec. 308. Deficit-neutral reserve fund for judicial pay and judgeships. 

Sec. 309. Deficit-neutral reserve fund for reforming the alternative minimum 

tax for individuals. 

Sec. 310. Deficit-neutral reserve fund for repealing the 1993 increase in the income tax on social security benefits. 

Sec. 311. Deficit-neutral reserve fund to improve energy efficiency and production. 

Sec. 312. Deficit-neutral reserve fund for immigration reform and enforcement. 

Sec. 313. Deficit-neutral reserve fund for border security, immigration enforcement, and criminal alien removal programs. 

Sec. 314. Deficit-neutral reserve fund for science parks. 

Sec. 315. Deficit-neutral reserve fund for 3-year extension of pilot program for 

national and state background checks on direct patient access 

employees of long-term care facilities or providers. 

Sec. 316. Deficit-neutral reserve fund for studying the effect of cooperation 

with local law enforcement. 

Sec. 317. Deficit-neutral reserve fund to terminate deductions from mineral 

revenue payments to States. 

Sec. 318. Deficit-neutral reserve fund for the establishment of State Internet 

sites for the disclosure of information relating to payments 

made under the State Medicaid program. 

Sec. 319. Deficit-neutral reserve fund for traumatic brain injury. 

Sec. 320. Deficit-neutral reserve fund to improve animal health and disease 

program. 

Sec. 321. Deficit-neutral reserve fund for implementation of Yellow Ribbon Reintegration Program for members of the National Guard and 

Reserve. 
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Sec. 322. Deficit-neutral reserve fund for reimbursing States for the costs of 

housing undocumented criminal aliens. 

Sec. 323. Deficit-neutral reserve fund for acceleration of phased-in eligibility for 

concurrent receipt of benefits. 

Sec. 324. Deficit-neutral reserve fund for increased use of recovery audits. 

Sec. 325. Deficit-neutral reserve fund for food safety. 

Sec. 326. Deficit-neutral reserve fund for demonstration project regarding Medicaid coverage of low-income HIV-infected individuals. 

Sec. 327. Deficit-neutral reserve fund for reducing income threshold for refundable child tax credit to $10,000 with no inflation adjustment. 

Sec. 328. Sense of the Senate regarding the diversion of funds set aside for 

USPTO. 

Sec. 329. Deficit-neutral reserve fund for education reform. 

Sec. 330. Deficit-neutral reserve fund for processing naturalization applications. 

Sec. 331. Deficit-neutral reserve fund for access to quality and affordable 

health insurance. 

Sec. 332. Deficit-neutral reserve fund for a 9/11 health program. 

Sec. 333. Deficit-neutral reserve fund to ban medicare advantage and prescription drug plan sales and marketing abuses. 

Sec. 334. Sense of the Senate regarding extending the ‘‘Moving to Work Agreement’’ between the Philadelphia Housing Authority and the 

U.S. Department of Housing and Urban Development under 

the same terms and conditions for a period of one year. 

Sec. 335. Sense of the Senate regarding a balanced budget amendment to the 

constitution of the United States. 

Sec. 336. Sense of the Senate regarding the need for comprehensive legislation 

to legalize the importation of prescription drugs from highly industrialized countries with safe pharmaceutical infrastructures.

1 TITLE I—RECOMMENDED 

2 LEVELS AND AMOUNTS 

3 SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. 

4 The following budgetary levels are appropriate for 

5 each of fiscal years 2008 through 2013: 

6 (1) FEDERAL REVENUES.—For purposes of the 

7 enforcement of this resolution: 

8 (A) The recommended levels of Federal 

9 revenues are as follows:

10 Fiscal year 2008: $1,871,888,000,000. 

11 Fiscal year 2009: $2,012,123,000,000. 

12 Fiscal year 2010: $2,198,259,000,000. 
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1 Fiscal year 2011: $2,404,151,000,000. 

2 Fiscal year 2012: $2,488,673,000,000. 

3 Fiscal year 2013: $2,613,013,000,000. 

4 (B) The amounts by which the aggregate 

5 levels of Federal revenues should be changed 

6 are as follows:

7 Fiscal year 2008: –$7,652,000,000. 

8 Fiscal year 2009: –$85,001,000,000. 

9 Fiscal year 2010: $15,395,000,000. 

10 Fiscal year 2011: –$23,874,000,000. 

11 Fiscal year 2012: –$164,642,000,000. 

12 Fiscal year 2013: –$141,727,000,000. 

13 (2) NEW BUDGET AUTHORITY.—For purposes 

14 of the enforcement of this resolution, the appropriate 

15 levels of total new budget authority are as follows:

16 Fiscal year 2008: $2,579,255,000,000. 

17 Fiscal year 2009: $2,533,754,000,000. 

18 Fiscal year 2010: $2,555,400,000,000. 

19 Fiscal year 2011: $2,687,858,000,000. 

20 Fiscal year 2012: $2,731,412,000,000. 

21 Fiscal year 2013: $2,860,070,000,000. 

22 (3) BUDGET OUTLAYS.—For purposes of the 

23 enforcement of this resolution, the appropriate levels 

24 of total budget outlays are as follows:

25 Fiscal year 2008: $2,476,755,000,000. 
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1 Fiscal year 2009: $2,575,733,417,000. 

2 Fiscal year 2010: $2,616,367,415,000. 

3 Fiscal year 2011: $2,709,059,134,000. 

4 Fiscal year 2012: $2,722,339,034,000. 

5 Fiscal year 2013: $2,852,077,000,000. 

6 (4) DEFICITS.—For purposes of the enforce7 ment of this resolution, the amounts of the deficits 

8 are as follows:

9 Fiscal year 2008: $604,867,000,000. 

10 Fiscal year 2009: $563,610,417,000. 

11 Fiscal year 2010: $418,108,415,000. 

12 Fiscal year 2011: $304,908,134,000. 

13 Fiscal year 2012: $233,666,034,000. 

14 Fiscal year 2013: $239,064,000,000. 

15 (5) PUBLIC DEBT.—Pursuant to section 

16 301(a)(5) of the Congressional Budget Act of 1974, 

17 the appropriate levels of the public debt are as fol18 lows:

19 Fiscal year 2008: $9,618,792,000,000. 

20 Fiscal year 2009: $10,278,552,417,000. 

21 Fiscal year 2010: $10,805,195,832,000. 

22 Fiscal year 2011: $11,215,113,966,000. 

23 Fiscal year 2012: $11,580,563,000,000. 

24 Fiscal year 2013: $11,934,375,000,000. 
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1 (6) DEBT HELD BY THE PUBLIC.—The appro2 priate levels of debt held by the public are as follows:

3 Fiscal year 2008: $5,418,643,000,000. 

4 Fiscal year 2009: $5,803,409,417,000. 

5 Fiscal year 2010: $6,032,754,832,000. 

6 Fiscal year 2011: $6,129,282,966,000. 

7 Fiscal year 2012: $6,141,593,000,000. 

8 Fiscal year 2013: $6,153,706,000,000. 

9 SEC. 102. SOCIAL SECURITY. 

10 (a) SOCIAL SECURITY REVENUES.—For purposes of 

11 Senate enforcement under sections 302 and 311 of the 

12 Congressional Budget Act of 1974, the amounts of reve13 nues of the Federal Old-Age and Survivors Insurance 

14 Trust Fund and the Federal Disability Insurance Trust 

15 Fund are as follows:

16 Fiscal year 2008: $666,705,000,000. 

17 Fiscal year 2009: $695,876,000,000. 

18 Fiscal year 2010: $733,571,000,000. 

19 Fiscal year 2011: $772,468,000,000. 

20 Fiscal year 2012: $809,798,000,000. 

21 Fiscal year 2013: $845,044,000,000. 

22 (b) SOCIAL SECURITY OUTLAYS.—For purposes of 

23 Senate enforcement under sections 302 and 311 of the 

24 Congressional Budget Act of 1974, the amounts of outlays 

25 of the Federal Old-Age and Survivors Insurance Trust 
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1 Fund and the Federal Disability Insurance Trust Fund 

2 are as follows:

3 Fiscal year 2008: $463,746,000,000. 

4 Fiscal year 2009: $493,607,000,000. 

5 Fiscal year 2010: $520,158,000,000. 

6 Fiscal year 2011: $540,487,000,000. 

7 Fiscal year 2012: $566,249,000,000. 

8 Fiscal year 2013: $595,544,000,000. 

9 (c) SOCIAL SECURITY ADMINISTRATIVE EX10 PENSES.—In the Senate, the amounts of new budget au11 thority and budget outlays of the Federal Old-Age and 

12 Survivors Insurance Trust Fund and the Federal Dis13 ability Insurance Trust Fund for administrative expenses 

14 are as follows: 

15 Fiscal year 2008: 

16 (A) New budget authority, 

17 $5,160,000,000. 

18 (B) Outlays, $4,989,000,000. 

19 Fiscal year 2009: 

20 (A) New budget authority, 

21 $5,473,000,000. 

22 (B) Outlays, $5,476,000,000. 

23 Fiscal year 2010: 

24 (A) New budget authority, 

25 $5,623,000,000. 
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1 (B) Outlays, $5,581,000,000. 

2 Fiscal year 2011: 

3 (A) New budget authority, 

4 $5,788,000,000. 

5 (B) Outlays, $5,759,000,000. 

6 Fiscal year 2012: 

7 (A) New budget authority, 

8 $5,962,000,000. 

9 (B) Outlays, $5,932,000,000. 

10 Fiscal year 2013: 

11 (A) New budget authority, 

12 $6,147,000,000. 

13 (B) Outlays, $6,115,000,000. 

14 SEC. 103. POSTAL SERVICE DISCRETIONARY ADMINISTRA15 TIVE EXPENSES. 

16 In the Senate, the amounts of new budget authority 

17 and budget outlays of the Postal Service for discretionary 

18 administrative expenses are as follows: 

19 Fiscal year 2008: 

20 (A) New budget authority, $250,000,000. 

21 (B) Outlays, $237,000,000. 

22 Fiscal year 2009: 

23 (A) New budget authority, $258,000,000. 

24 (B) Outlays, $258,000,000. 

25 Fiscal year 2010: 
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1 (A) New budget authority, $267,000,000. 

2 (B) Outlays, $267,000,000. 

3 Fiscal year 2011: 

4 (A) New budget authority, $275,000,000. 

5 (B) Outlays, $275,000,000. 

6 Fiscal year 2012: 

7 (A) New budget authority, $284,000,000. 

8 (B) Outlays, $284,000,000. 

9 Fiscal year 2013: 

10 (A) New budget authority, $293,000,000. 

11 (B) Outlays, $293,000,000. 

12 SEC. 104. MAJOR FUNCTIONAL CATEGORIES. 

13 Congress determines and declares that the appro14 priate levels of new budget authority and outlays for fiscal 

15 years 2008 through 2013 for each major functional cat16 egory are: 

17 (1) National Defense (050): 

18 Fiscal year 2008: 

19 (A) New budget authority, 

20 $693,273,000,000. 

21 (B) Outlays, $604,289,000,000. 

22 Fiscal year 2009: 

23 (A) New budget authority, 

24 $612,502,000,000. 

25 (B) Outlays, $645,437,000,000. 
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1 Fiscal year 2010: 

2 (A) New budget authority, 

3 $550,414,000,000. 

4 (B) Outlays, $607,033,000,000. 

5 Fiscal year 2011: 

6 (A) New budget authority, 

7 $557,026,000,000. 

8 (B) Outlays, $577,925,000,000. 

9 Fiscal year 2012: 

10 (A) New budget authority, 

11 $565,800,000,000. 

12 (B) Outlays, $561,666,000,000. 

13 Fiscal year 2013: 

14 (A) New budget authority, 

15 $576,223,000,000. 

16 (B) Outlays, $570,503,000,000. 

17 (2) International Affairs (150): 

18 Fiscal year 2008: 

19 (A) New budget authority, 

20 $38,608,000,000. 

21 (B) Outlays, $33,771,000,000. 

22 Fiscal year 2009: 

23 (A) New budget authority, 

24 $38,609,416,000. 

25 (B) Outlays, $39,449,416,000. 
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1 Fiscal year 2010: 

2 (A) New budget authority, 

3 $35,663,000,000. 

4 (B) Outlays, $37,040,000,000. 

5 Fiscal year 2011: 

6 (A) New budget authority, 

7 $36,322,000,000. 

8 (B) Outlays, $35,932,000,000. 

9 Fiscal year 2012: 

10 (A) New budget authority, 

11 $36,866,000,000. 

12 (B) Outlays, $35,705,000,000. 

13 Fiscal year 2013: 

14 (A) New budget authority, 

15 $37,024,000,000. 

16 (B) Outlays, $35,243,000,000. 

17 (3) General Science, Space, and Technology 

18 (250): 

19 Fiscal year 2008: 

20 (A) New budget authority, 

21 $27,407,000,000. 

22 (B) Outlays, $26,456,000,000. 

23 Fiscal year 2009: 

24 (A) New budget authority, 

25 $30,536,000,000. 
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1 (B) Outlays, $28,987,000,000. 

2 Fiscal year 2010: 

3 (A) New budget authority, 

4 $30,369,000,000. 

5 (B) Outlays, $30,490,000,000. 

6 Fiscal year 2011: 

7 (A) New budget authority, 

8 $30,848,000,000. 

9 (B) Outlays, $31,167,000,000. 

10 Fiscal year 2012: 

11 (A) New budget authority, 

12 $31,332,000,000. 

13 (B) Outlays, $31,650,000,000. 

14 Fiscal year 2013: 

15 (A) New budget authority, 

16 $31,816,000,000. 

17 (B) Outlays, $31,635,000,000. 

18 (4) Energy (270): 

19 Fiscal year 2008: 

20 (A) New budget authority, 

21 $3,548,000,000. 

22 (B) Outlays, $1,681,000,000. 

23 Fiscal year 2009: 

24 (A) New budget authority, 

25 $7,026,000,000. 
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1 (B) Outlays, $2,843,000,000. 

2 Fiscal year 2010: 

3 (A) New budget authority, 

4 $6,935,000,000. 

5 (B) Outlays, $4,533,000,000. 

6 Fiscal year 2011: 

7 (A) New budget authority, 

8 $6,916,000,000. 

9 (B) Outlays, $5,481,000,000. 

10 Fiscal year 2012: 

11 (A) New budget authority, 

12 $6,895,000,000. 

13 (B) Outlays, $5,981,000,000. 

14 Fiscal year 2013: 

15 (A) New budget authority, 

16 $6,858,000,000. 

17 (B) Outlays, $6,159,000,000. 

18 (5) Natural Resources and Environment (300): 

19 Fiscal year 2008: 

20 (A) New budget authority, 

21 $32,560,000,000. 

22 (B) Outlays, $34,440,000,000. 

23 Fiscal year 2009: 

24 (A) New budget authority, 

25 $39,835,000,000. 
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1 (B) Outlays, $36,309,500,000. 

2 Fiscal year 2010: 

3 (A) New budget authority, 

4 $34,730,000,000. 

5 (B) Outlays, $37,039,000,000. 

6 Fiscal year 2011: 

7 (A) New budget authority, 

8 $35,424,000,000. 

9 (B) Outlays, $37,217,875,000. 

10 Fiscal year 2012: 

11 (A) New budget authority, 

12 $36,111,000,000. 

13 (B) Outlays, $37,394,875,000. 

14 Fiscal year 2013: 

15 (A) New budget authority, 

16 $36,812,000,000. 

17 (B) Outlays, $37,756,875,000. 

18 (6) Agriculture (350): 

19 Fiscal year 2008: 

20 (A) New budget authority, 

21 $22,423,000,000. 

22 (B) Outlays, $21,495,000,000. 

23 Fiscal year 2009: 

24 (A) New budget authority, 

25 $21,377,000,000. 
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1 (B) Outlays, $21,127,000,000. 

2 Fiscal year 2010: 

3 (A) New budget authority, 

4 $21,532,000,000. 

5 (B) Outlays, $20,501,000,000. 

6 Fiscal year 2011: 

7 (A) New budget authority, 

8 $21,665,000,000. 

9 (B) Outlays, $20,659,000,000. 

10 Fiscal year 2012: 

11 (A) New budget authority, 

12 $21,994,000,000. 

13 (B) Outlays, $21,176,000,000. 

14 Fiscal year 2013: 

15 (A) New budget authority, 

16 $22,307,000,000. 

17 (B) Outlays, $21,513,000,000. 

18 (7) Commerce and Housing Credit (370): 

19 Fiscal year 2008: 

20 (A) New budget authority, 

21 $11,516,000,000. 

22 (B) Outlays, $5,441,000,000. 

23 Fiscal year 2009: 

24 (A) New budget authority, 

25 $9,350,000,000. 
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1 (B) Outlays, $3,764,000,000. 

2 Fiscal year 2010: 

3 (A) New budget authority, 

4 $11,133,000,000. 

5 (B) Outlays, $3,562,000,000. 

6 Fiscal year 2011: 

7 (A) New budget authority, 

8 $7,713,000,000. 

9 (B) Outlays, $824,000,000. 

10 Fiscal year 2012: 

11 (A) New budget authority, 

12 $8,028,000,000. 

13 (B) Outlays, $492,000,000. 

14 Fiscal year 2013: 

15 (A) New budget authority, 

16 $8,254,000,000. 

17 (B) Outlays, $195,000,000. 

18 (8) Transportation (400): 

19 Fiscal year 2008: 

20 (A) New budget authority, 

21 $87,289,000,000. 

22 (B) Outlays, $81,370,000,000. 

23 Fiscal year 2009: 

24 (A) New budget authority, 

25 $75,131,000,000. 
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1 (B) Outlays, $83,311,000,000. 

2 Fiscal year 2010: 

3 (A) New budget authority, 

4 $78,075,000,000. 

5 (B) Outlays, $85,504,000,000. 

6 Fiscal year 2011: 

7 (A) New budget authority, 

8 $78,913,000,000. 

9 (B) Outlays, $86,779,000,000. 

10 Fiscal year 2012: 

11 (A) New budget authority, 

12 $79,763,000,000. 

13 (B) Outlays, $88,515,000,000. 

14 Fiscal year 2013: 

15 (A) New budget authority, 

16 $80,640,000,000. 

17 (B) Outlays, $90,534,000,000. 

18 (9) Community and Regional Development 

19 (450): 

20 Fiscal year 2008: 

21 (A) New budget authority, 

22 $20,029,000,000. 

23 (B) Outlays, $27,819,000,000. 

24 Fiscal year 2009: 
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1 (A) New budget authority, 

2 $15,195,000,000. 

3 (B) Outlays, $24,486,700,000. 

4 Fiscal year 2010: 

5 (A) New budget authority, 

6 $15,265,000,000. 

7 (B) Outlays, $22,115,400,000. 

8 Fiscal year 2011: 

9 (A) New budget authority, 

10 $15,503,000,000. 

11 (B) Outlays, $18,240,900,000. 

12 Fiscal year 2012: 

13 (A) New budget authority, 

14 $15,746,000,000. 

15 (B) Outlays, $16,186,800,000. 

16 Fiscal year 2013: 

17 (A) New budget authority, 

18 $15,979,000,000. 

19 (B) Outlays, $15,872,800,000. 

20 (10) Education, Training, Employment, and 

21 Social Services (500): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $91,381,000,000. 

25 (B) Outlays, $90,912,000,000. 
19

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $94,679,670,000. 

4 (B) Outlays, $91,253,020,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $103,891,000,000. 

8 (B) Outlays, $98,615,482,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $106,486,000,000. 

12 (B) Outlays, $103,806,534,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $108,255,000,000. 

16 (B) Outlays, $104,904,034,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $101,660,000,000. 

20 (B) Outlays, $103,626,000,000. 

21 (11) Health (550): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $286,108,000,000. 

25 (B) Outlays, $287,211,000,000. 
20

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $313,109,000,000. 

4 (B) Outlays, $310,603,000,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $324,863,000,000. 

8 (B) Outlays, $325,576,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $345,558,000,000. 

12 (B) Outlays, $344,795,000,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $368,273,000,000. 

16 (B) Outlays, $367,110,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $393,283,000,000. 

20 (B) Outlays, $391,805,000,000. 

21 (12) Medicare (570): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $390,458,000,000. 

25 (B) Outlays, $390,454,000,000. 
21

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $420,389,000,000. 

4 (B) Outlays, $420,150,000,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $445,380,000,000. 

8 (B) Outlays, $445,513,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $494,477,000,000. 

12 (B) Outlays, $494,305,000,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $491,399,000,000. 

16 (B) Outlays, $491,163,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $551,039,000,000. 

20 (B) Outlays, $551,161,000,000. 

21 (13) Income Security (600): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $393,591,000,000. 

25 (B) Outlays, $394,613,000,000. 
22

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $414,369,000,000. 

4 (B) Outlays, $419,023,200,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $416,322,000,000. 

8 (B) Outlays, $418,871,200,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $425,435,000,000. 

12 (B) Outlays, $426,242,100,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $411,468,000,000. 

16 (B) Outlays, $411,597,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $426,718,000,000. 

20 (B) Outlays, $426,611,400,000. 

21 (14) Social Security (650): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $19,378,000,000. 

25 (B) Outlays, $19,378,000,000. 
23

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $21,308,000,000. 

4 (B) Outlays, $21,308,000,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $23,794,000,000. 

8 (B) Outlays, $23,794,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $27,330,000,000. 

12 (B) Outlays, $27,330,000,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $30,342,000,000. 

16 (B) Outlays, $30,342,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $33,162,000,000. 

20 (B) Outlays, $33,162,000,000. 

21 (15) Veterans Benefits and Services (700): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $86,365,000,000. 

25 (B) Outlays, $83,551,000,000. 
24

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $93,319,584,000. 

4 (B) Outlays, $92,397,584,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $95,615,000,000. 

8 (B) Outlays, $95,399,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $100,959,000,000. 

12 (B) Outlays, $100,749,000,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $97,782,000,000. 

16 (B) Outlays, $97,064,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $103,241,000,000. 

20 (B) Outlays, $102,521,000,000. 

21 (16) Administration of Justice (750): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $46,282,000,000. 

25 (B) Outlays, $44,322,000,000. 
25

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $49,432,330,000. 

4 (B) Outlays, $46,896,297,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $48,018,000,000. 

8 (B) Outlays, $49,714,333,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $48,907,000,000. 

12 (B) Outlays, $50,113,500,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $49,819,000,000. 

16 (B) Outlays, $50,089,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $50,768,000,000. 

20 (B) Outlays, $50,706,000,000. 

21 (17) General Government (800): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $56,407,000,000. 

25 (B) Outlays, $56,920,000,000. 
26

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $24,477,000,000. 

4 (B) Outlays, $24,435,000,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $19,972,000,000. 

8 (B) Outlays, $20,172,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $20,395,000,000. 

12 (B) Outlays, $20,407,000,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $20,796,000,000. 

16 (B) Outlays, $20,940,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $21,107,000,000. 

20 (B) Outlays, $20,991,000,000. 

21 (18) Net Interest (900): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $349,462,000,000. 

25 (B) Outlays, $349,462,000,000. 
27

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 $335,110,000,000. 

4 (B) Outlays, $335,110,000,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 $372,253,000,000. 

8 (B) Outlays, $372,253,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 $409,810,000,000. 

12 (B) Outlays, $409,810,000,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 $435,762,000,000. 

16 (B) Outlays, $435,762,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 $451,980,000,000. 

20 (B) Outlays, $451,980,000,000. 

21 (19) Allowances (920): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 $9,500,000,000. 

25 (B) Outlays, $9,500,000,000. 
28

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 ¥$14,941,000,000. 

4 (B) Outlays, –$4,099,300,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 ¥$8,179,000,000. 

8 (B) Outlays, ¥$10,713,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 ¥$8,466,000,000. 

12 (B) Outlays, ¥$9,360,775,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 ¥$8,916,000,000. 

16 (B) Outlays, ¥$9,295,675,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 ¥$9,110,000,000. 

20 (B) Outlays, ¥$10,206,075,000. 

21 (20) Undistributed Offsetting Receipts (950): 

22 Fiscal year 2008: 

23 (A) New budget authority, 

24 ¥$86,330,000,000. 

25 (B) Outlays, ¥$86,330,000,000. 
29

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1 Fiscal year 2009: 

2 (A) New budget authority, 

3 ¥$67,060,000,000. 

4 (B) Outlays, ¥$67,060,000,000. 

5 Fiscal year 2010: 

6 (A) New budget authority, 

7 ¥$70,645,000,000. 

8 (B) Outlays, ¥$70,645,000,000. 

9 Fiscal year 2011: 

10 (A) New budget authority, 

11 ¥$73,364,000,000. 

12 (B) Outlays, ¥$73,364,000,000. 

13 Fiscal year 2012: 

14 (A) New budget authority, 

15 ¥$76,104,000,000. 

16 (B) Outlays, ¥$76,104,000,000. 

17 Fiscal year 2013: 

18 (A) New budget authority, 

19 ¥$79,691,000,000. 

20 (B) Outlays, ¥$79,691,000,000. 
30

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1 TITLE II—BUDGET PROCESS 

2 Subtitle A—Direct Spending and 

3 Receipts 

4 SEC. 201. SENATE POINT OF ORDER AGAINST LEGISLATION 

5 INCREASING LONG-TERM DEFICITS. 

6 (a) CONGRESSIONAL BUDGET OFFICE ANALYSIS OF

7 PROPOSALS.—The Director of the Congressional Budget 

8 Office shall, to the extent practicable, prepare for each bill 

9 and joint resolution reported from committee (except 

10 measures within the jurisdiction of the Committee on Ap11 propriations), and amendments thereto and conference re12 ports thereon, an estimate of whether the measure would 

13 cause, relative to current law, a net increase in deficits 

14 in excess of $0 in any of the 4 consecutive 10-year periods 

15 beginning with the first fiscal year that is 10 years after 

16 the budget year provided for in the most recently adopted 

17 concurrent resolution on the budget. 

18 (b) POINT OF ORDER.—It shall not be in order in 

19 the Senate to consider any bill, joint resolution, amend20 ment, motion, or conference report that would cause a net 

21 increase in deficits in excess of $0 in any of the 4 consecu22 tive 10-year periods described in subsection (a). 

23 (c) SUPERMAJORITY WAIVER AND APPEAL IN THE

24 SENATE.—
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1 (1) WAIVER.—This section may be waived or 

2 suspended only by the affirmative vote of three-fifths 

3 of the Members, duly chosen and sworn. 

4 (2) APPEAL.—An affirmative vote of three5 fifths of the Members, duly chosen and sworn, shall 

6 be required to sustain an appeal of the ruling of the 

7 Chair on a point of order raised under this section. 

8 (d) DETERMINATIONS OF BUDGET LEVELS.—For 

9 purposes of this section, the levels of net deficit increases 

10 shall be determined on the basis of estimates provided by 

11 the Senate Committee on the Budget. 

12 (e) SUNSET.—This section shall expire on September 

13 30, 2017. 

14 (f) REPEAL.—In the Senate, subsections (a) through 

15 (d) and subsection (f) of section 203 of S. Con. Res. 21 

16 (110th Congress) shall no longer apply. 

17 SEC. 202. POINT OF ORDER—20 PERCENT LIMIT ON NEW DI18 RECT SPENDING IN RECONCILIATION LEGIS19 LATION. 

20 (a)(1) In the Senate, it shall not be in order to con21 sider any reconciliation bill, joint resolution, motion, 

22 amendment, or any conference report on, or an amend23 ment between the Houses in relation to, a reconciliation 

24 bill pursuant to section 310 of the Congressional Budget 

25 Act of 1974, that produces an increase in outlays, if—
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1 (2) the effect of all the provisions in the juris2 diction of any committee is to create gross new di3 rect spending that exceeds 20 percent of the total 

4 savings instruction to the committee; or 

5 (3) the effect of the adoption of an amendment 

6 would result in gross new direct spending that ex7 ceeds 20 percent of the total savings instruction to 

8 the committee. 

9 (b) A point of order under paragraph (1) may be 

10 raised by a Senator as provided in section 313(e) of the 

11 Congressional Budget Act of 1974. 

12 (1) Paragraph (1) may be waived or suspended 

13 only by an affirmative vote of three-fifths of the 

14 Members, duly chosen and sworn. An affirmative 

15 vote of three-fifths of the Members of the Senate, 

16 duly chosen and sworn, shall be required to sustain 

17 an appeal of the ruling of the Chair on a point of 

18 order raised under paragraph (1). 

19 (2) If a point of order is sustained under para20 graph (1) against a conference report in the Senate, 

21 the report shall be disposed of as provided in section 

22 313(d) of the Congressional Budget Act of 1974. 
33

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1 Subtitle B—Discretionary 

2 Spending 

3 SEC. 211. DISCRETIONARY SPENDING LIMITS, PROGRAM IN4 TEGRITY INITIATIVES, AND OTHER ADJUST5 MENTS. 

6 (a) SENATE POINT OF ORDER.—

7 (1) IN GENERAL.—Except as otherwise pro8 vided in this section, it shall not be in order in the 

9 Senate to consider any bill or joint resolution (or 

10 amendment, motion, or conference report on that bill 

11 or joint resolution) that would cause the discre12 tionary spending limits in this section to be exceed13 ed. 

14 (2) SUPERMAJORITY WAIVER AND APPEALS.—

15 (A) WAIVER.—This subsection may be 

16 waived or suspended in the Senate only by the 

17 affirmative vote of three-fifths of the Members, 

18 duly chosen and sworn. 

19 (B) APPEALS.—Appeals in the Senate 

20 from the decisions of the Chair relating to any 

21 provision of this subsection shall be limited to 

22 1 hour, to be equally divided between, and con23 trolled by, the appellant and the manager of the 

24 bill or joint resolution. An affirmative vote of 

25 three-fifths of the Members of the Senate, duly 
34

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1 chosen and sworn, shall be required to sustain 

2 an appeal of the ruling of the Chair on a point 

3 of order raised under this subsection. 

4 (b) SENATE DISCRETIONARY SPENDING LIMITS.—In 

5 the Senate and as used in this section, the term ‘‘discre6 tionary spending limit’’ means—

7 (1) for fiscal year 2008, $1,055,478,000,000 in 

8 new budget authority and $1,093,343,000,000 in 

9 outlays; and 

10 (2) for fiscal year 2009, $1,008,482,000,000 in 

11 new budget authority and $1,108,449,000,000 in 

12 outlays; 

13 as adjusted in conformance with the adjustment proce14 dures in subsection (c). 

15 (c) ADJUSTMENTS IN THE SENATE.—

16 (1) IN GENERAL.—After the reporting of a bill 

17 or joint resolution relating to any matter described 

18 in paragraph (2), or the offering of an amendment 

19 thereto or the submission of a conference report 

20 thereon—

21 (A) the Chairman of the Senate Committee 

22 on the Budget may adjust the discretionary 

23 spending limits, budgetary aggregates, and allo24 cations pursuant to section 302(a) of the Con25 gressional Budget Act of 1974, by the amount 
35

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1 of new budget authority in that measure for 

2 that purpose and the outlays flowing therefrom; 

3 and 

4 (B) following any adjustment under sub5 paragraph (A), the Senate Committee on Ap6 propriations may report appropriately revised 

7 suballocations pursuant to section 302(b) of the 

8 Congressional Budget Act of 1974 to carry out 

9 this subsection. 

10 (2) MATTERS DESCRIBED.—Matters referred to 

11 in paragraph (1) are as follows: 

12 (A) CONTINUING DISABILITY REVIEWS

13 AND SSI REDETERMINATIONS.—If a bill or joint 

14 resolution is reported making appropriations for 

15 fiscal year 2009 that appropriates 

16 $264,000,000 for continuing disability reviews 

17 and Supplemental Security Income redeter18 minations for the Social Security Administra19 tion, and provides an additional appropriation 

20 of up to $240,000,000 for continuing disability 

21 reviews and Supplemental Security Income re22 determinations for the Social Security Adminis23 tration, then the discretionary spending limits, 

24 allocation to the Senate Committee on Appro25 priations, and aggregates may be adjusted by 
36

•SCON 70 ES 

1 the amounts provided in such legislation for 

2 that purpose, but not to exceed $240,000,000 

3 in budget authority and outlays flowing there4 from for fiscal year 2009. 

5 (B) INTERNAL REVENUE SERVICE TAX EN6 FORCEMENT.—If a bill or joint resolution is re7 ported making appropriations for fiscal year 

8 2009 that appropriates $6,997,000,000 for the 

9 Internal Revenue Service for enhanced tax en10 forcement to address the Federal tax gap (taxes 

11 owed but not paid) and provides an additional 

12 appropriation of up to $490,000,000 for the In13 ternal Revenue Service for enhanced tax en14 forcement to address the Federal tax gap, then 

15 the discretionary spending limits, allocation to 

16 the Senate Committee on Appropriations, and 

17 aggregates may be adjusted by the amounts 

18 provided in such legislation for that purpose, 

19 but not to exceed $490,000,000 in budget au20 thority and outlays flowing therefrom for fiscal 

21 year 2009. 

22 (C) HEALTH CARE FRAUD AND ABUSE

23 CONTROL.—If a bill or joint resolution is re24 ported making appropriations for fiscal year 

25 2009 that appropriates up to $198,000,000 to 
37

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1 the Health Care Fraud and Abuse Control pro2 gram at the Department of Health and Human 

3 Services, then the discretionary spending limits, 

4 allocation to the Senate Committee on Appro5 priations, and aggregates may be adjusted by 

6 the amounts provided in such legislation for 

7 that purpose, but not to exceed $198,000,000 

8 in budget authority and outlays flowing there9 from for fiscal year 2009. 

10 (D) UNEMPLOYMENT INSURANCE IM11 PROPER PAYMENT REVIEWS.—If a bill or joint 

12 resolution is reported making appropriations for 

13 fiscal year 2009 that appropriates $10,000,000 

14 for in-person reemployment and eligibility as15 sessments and unemployment insurance im16 proper payment reviews, and provides an addi17 tional appropriation of up to $40,000,000 for 

18 in-person reemployment and eligibility assess19 ments and unemployment insurance improper 

20 payment reviews, then the discretionary spend21 ing limits, allocation to the Senate Committee 

22 on Appropriations, and aggregates may be ad23 justed by the amounts provided in such legisla24 tion for that purpose, but not to exceed 
38

•SCON 70 ES 

1 $40,000,000 in budget authority and outlays 

2 flowing therefrom for fiscal year 2009. 

3 (E) COMPARATIVE EFFECTIVENESS RE4 SEARCH AT THE AGENCY FOR HEALTHCARE RE5 SEARCH AND QUALITY.—If a bill or joint reso6 lution is reported making appropriations for fis7 cal year 2009 that appropriates $30,000,000 

8 for comparative effectiveness research as au9 thorized under section 1013 of the Medicare 

10 Prescription Drug, Improvement and Mod11 ernization Act of 2003, and provides an addi12 tional appropriation of up to $70,000,000 for 

13 that purpose, then the discretionary spending 

14 limits, allocation to the Senate Committee on 

15 Appropriations, and aggregates may be ad16 justed by the amounts provided in such legisla17 tion for that purpose, but not to exceed 

18 $70,000,000 in budget authority for fiscal year 

19 2009 and the outlays flowing therefrom. 

20 (F) REDUCING WASTE IN DEFENSE CON21 TRACTING.—If a bill or joint resolution is re22 ported making appropriations for fiscal year 

23 2009 that appropriates up to $100,000,000 to 

24 the Department of Defense for additional activi25 ties to reduce waste, fraud, abuse, and overpay-
39

•SCON 70 ES 

1 ments in defense contracting; achieve the legal 

2 requirement to submit auditable financial state3 ments; or reduce waste by improving accounting 

4 for and ordering of spare parts; subject con5 tracts performed outside the United States to 

6 the same ethics, control, and reporting require7 ments as those performed domestically, then the 

8 discretionary spending limits, allocation to the 

9 Committee on Appropriations of the Senate, 

10 and aggregates may be adjusted by the 

11 amounts provided in such legislation for that 

12 purpose, but not to exceed $100,000,000 in 

13 budget authority and outlays flowing therefrom 

14 for fiscal year 2009. 

15 (3) ADJUSTMENTS FOR COSTS OF THE WARS IN

16 IRAQ AND AFGHANISTAN.—The Chairman of the 

17 Senate Committee on the Budget may adjust the 

18 discretionary spending limits, allocations to the Sen19 ate Committee on Appropriations, and aggregates 

20 for one or more—

21 (A) bills reported by the Senate Committee 

22 on Appropriations or passed by the House of 

23 Representatives; 
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1 (B) joint resolutions or amendments re2 ported by the Senate Committee on Appropria3 tions; 

4 (C) amendments between the Houses re5 ceived from the House of Representatives or 

6 Senate amendments offered by the authority of 

7 the Senate Committee on Appropriations; or 

8 (D) conference reports; 

9 making appropriations for fiscal year 2008 or 2009 

10 for the wars in Iraq and Afghanistan, by the 

11 amounts provided in such legislation for those pur12 poses (and so designated pursuant to this para13 graph), up to $108,056,000,000 in budget authority 

14 for fiscal year 2008 and the new outlays flowing 

15 therefrom, and up to $70,000,000,000 in budget au16 thority for fiscal year 2009 and the new outlays 

17 flowing therefrom. 

18 (d) OVERSIGHT OF GOVERNMENT PERFORMANCE.—

19 In the Senate, all committees are directed to review pro20 grams within their jurisdictions to root out waste, fraud, 

21 and abuse in program spending, giving particular scrutiny 

22 to issues raised by Government Accountability Office re23 ports. Based on these oversight efforts and committee per24 formance reviews of programs within their jurisdictions, 

25 committees are directed to include recommendations for 
41

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1 improved governmental performance in their annual views 

2 and estimates reports required under section 301(d) of the 

3 Congressional Budget Act of 1974 to the Committees on 

4 the Budget. 

5 (e) SUPPLEMENTAL APPROPRIATIONS FOR FISCAL

6 YEAR 2008.—If legislation making supplemental appro7 priations for fiscal year 2008 is enacted, the Chairman 

8 of the Senate Committee on the Budget shall make the 

9 appropriate adjustments in allocations, aggregates, discre10 tionary spending limits, and other levels of new budget 

11 authority and outlays to reflect the difference between 

12 such measure and the corresponding levels assumed in this 

13 resolution. 

14 (f) INAPPLICABILITY.—In the Senate, subsections 

15 (a), (b), (c), (e), and (f) of section 207 of S. Con. Res. 

16 21 (110th Congress) shall no longer apply. 

17 SEC. 212. POINT OF ORDER AGAINST ADVANCE APPROPRIA18 TIONS. 

19 (a) IN GENERAL.—

20 (1) POINT OF ORDER.—Except as provided in 

21 subsection (b), it shall not be in order in the Senate 

22 to consider any bill, joint resolution, motion, amend23 ment, or conference report that would provide an ad24 vance appropriation. 
42

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1 (2) DEFINITION.—In this section, the term 

2 ‘‘advance appropriation’’ means any new budget au3 thority provided in a bill or joint resolution making 

4 appropriations for fiscal year 2009 that first be5 comes available for any fiscal year after 2009, or 

6 any new budget authority provided in a bill or joint 

7 resolution making general appropriations or con8 tinuing appropriations for fiscal year 2010, that first 

9 becomes available for any fiscal year after 2010. 

10 (b) EXCEPTIONS.—Advance appropriations may be 

11 provided—

12 (1) for fiscal years 2010 and 2011 for pro13 grams, projects, activities, or accounts identified in 

14 the joint explanatory statement of managers accom15 panying this resolution under the heading ‘‘Accounts 

16 Identified for Advance Appropriations’’ in an aggre17 gate amount not to exceed $29,352,000,000 in new 

18 budget authority in each year; and 

19 (2) for the Corporation for Public Broad20 casting. 

21 (c) SUPERMAJORITY WAIVER AND APPEAL.—

22 (1) WAIVER.—In the Senate, subsection (a) 

23 may be waived or suspended only by an affirmative 

24 vote of three-fifths of the Members, duly chosen and 

25 sworn. 
43

•SCON 70 ES 

1 (2) APPEAL.—An affirmative vote of three2 fifths of the Members of the Senate, duly chosen and 

3 sworn, shall be required to sustain an appeal of the 

4 ruling of the Chair on a point of order raised under 

5 subsection (a). 

6 (d) FORM OF POINT OF ORDER.—A point of order 

7 under subsection (a) may be raised by a Senator as pro8 vided in section 313(e) of the Congressional Budget Act 

9 of 1974. 

10 (e) CONFERENCE REPORTS.—When the Senate is 

11 considering a conference report on, or an amendment be12 tween the Houses in relation to, a bill, upon a point of 

13 order being made by any Senator pursuant to this section, 

14 and such point of order being sustained, such material 

15 contained in such conference report shall be deemed 

16 stricken, and the Senate shall proceed to consider the 

17 question of whether the Senate shall recede from its 

18 amendment and concur with a further amendment, or con19 cur in the House amendment with a further amendment, 

20 as the case may be, which further amendment shall consist 

21 of only that portion of the conference report or House 

22 amendment, as the case may be, not so stricken. Any such 

23 motion in the Senate shall be debatable. In any case in 

24 which such point of order is sustained against a conference 

25 report (or Senate amendment derived from such con-
44

•SCON 70 ES 

1 ference report by operation of this subsection), no further 

2 amendment shall be in order. 

3 (f) INAPPLICABILITY.—In the Senate, section 206(a) 

4 of S. Con. Res. 21 (110th Congress) shall no longer apply. 

5 SEC. 213. SENATE POINT OF ORDER AGAINST PROVISIONS 

6 OF APPROPRIATIONS LEGISLATION THAT 

7 CONSTITUTE CHANGES IN MANDATORY PRO8 GRAMS WITH NET COSTS. 

9 (a) IN GENERAL.—In the Senate, it shall not be in 

10 order to consider any appropriations legislation, including 

11 any amendment thereto, motion in relation thereto, or 

12 conference report thereon, that includes any provision 

13 which constitutes a change in a mandatory program pro14 ducing net costs, as defined in subsection (b), that would 

15 have been estimated as affecting direct spending or re16 ceipts under section 252 of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985 (as in effect prior 

18 to September 30, 2002) were they included in legislation 

19 other than appropriations legislation. A point of order pur20 suant to this section shall be raised against such provision 

21 or provisions as described in subsections (e) and (f). 

22 (b) CHANGES IN MANDATORY PROGRAMS PRO23 DUCING NET COSTS.—A provision or provisions shall be 

24 subject to a point of order pursuant to this section if—
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1 (1) the provision would increase budget author2 ity in at least 1 of the 9 fiscal years that follow the 

3 budget year and over the period of the total of the 

4 budget year and the 9 fiscal years following the 

5 budget year; 

6 (2) the provision would increase net outlays 

7 over the period of the total of the 9 fiscal years fol8 lowing the budget year; and 

9 (3) the sum total of all changes in mandatory 

10 programs in the legislation would increase net out11 lays as measured over the period of the total of the 

12 9 fiscal years following the budget year. 

13 (c) DETERMINATION.—The determination of whether 

14 a provision is subject to a point of order pursuant to this 

15 section shall be made by the Committee on the Budget 

16 of the Senate. 

17 (d) SUPERMAJORITY WAIVER AND APPEAL.—This 

18 section may be waived or suspended in the Senate only 

19 by an affirmative vote of three-fifths of the Members, duly 

20 chosen and sworn. An affirmative vote of three-fifths of 

21 the Members of the Senate, duly chosen and sworn, shall 

22 be required to sustain an appeal of the ruling of the Chair 

23 on a point of order raised under this section. 

24 (e) GENERAL POINT OF ORDER.—It shall be in order 

25 for a Senator to raise a single point of order that several 
46

•SCON 70 ES 

1 provisions of a bill, resolution, amendment, motion, or con2 ference report violate this section. The Presiding Officer 

3 may sustain the point of order as to some or all of the 

4 provisions against which the Senator raised the point of 

5 order. If the Presiding Officer so sustains the point of 

6 order as to some of the provisions (including provisions 

7 of an amendment, motion, or conference report) against 

8 which the Senator raised the point of order, then only 

9 those provisions (including provision of an amendment, 

10 motion, or conference report) against which the Presiding 

11 Officer sustains the point of order shall be deemed strick12 en pursuant to this section. Before the Presiding Officer 

13 rules on such a point of order, any Senator may move to 

14 waive such a point of order as it applies to some or all 

15 of the provisions against which the point of order was 

16 raised. Such a motion to waive is amendable in accordance 

17 with rules and precedents of the Senate. After the Pre18 siding Officer rules on such a point of order, any Senator 

19 may appeal the ruling of the Presiding Officer on such 

20 a point of order as it applies to some or all of the provi21 sions on which the Presiding Officer ruled. 

22 (f) FORM OF THE POINT OF ORDER.—When the Sen23 ate is considering a conference report on, or an amend24 ment between the Houses in relation to, a bill, upon a 

25 point of order being made by any Senator pursuant to this 
47

•SCON 70 ES 

1 section, and such point of order being sustained, such ma2 terial contained in such conference report or amendment 

3 shall be deemed stricken, and the Senate shall proceed to 

4 consider the question of whether the Senate shall recede 

5 from its amendment and concur with a further amend6 ment, or concur in the House amendment with a further 

7 amendment, as the case may be, which further amendment 

8 shall consist of only that portion of the conference report 

9 or House amendment, as the case may be, not so stricken. 

10 Any such motion shall be debatable. In any case in which 

11 such point of order is sustained against a conference re12 port (or Senate amendment derived from such conference 

13 report by operation of this subsection), no further amend14 ment shall be in order. 

15 (g) EFFECTIVENESS.—This section shall not apply to 

16 any provision constituting a change in a mandatory pro17 gram in appropriations legislation if such provision has 

18 been enacted in each of the 3 fiscal years prior to the 

19 budget year. 

20 SEC. 214. DISCRETIONARY ADMINISTRATIVE EXPENSES OF 

21 THE POSTAL SERVICE. 

22 In the Senate, notwithstanding section 302(a)(1) of 

23 the Congressional Budget Act of 1974 and section 2009a 

24 of title 39, United States Code, the joint explanatory 

25 statement accompanying the conference report on any con-
48

•SCON 70 ES 

1 current resolution on the budget shall include in its alloca2 tions under section 302(a) of the Congressional Budget 

3 Act of 1974 to the Committee on Appropriations amounts 

4 for the discretionary administrative expenses of the Postal 

5 Service. 

6 Subtitle C—Other Provisions 

7 SEC. 221. APPLICATION AND EFFECT OF CHANGES IN ALLO8 CATIONS AND AGGREGATES. 

9 (a) APPLICATION.—Any adjustments of allocations 

10 and aggregates made pursuant to this resolution shall—

11 (1) apply while that measure is under consider12 ation; 

13 (2) take effect upon the enactment of that 

14 measure; and 

15 (3) be published in the Congressional Record as 

16 soon as practicable. 

17 (b) EFFECT OF CHANGED ALLOCATIONS AND AG18 GREGATES.—Revised allocations and aggregates resulting 

19 from these adjustments shall be considered for the pur20 poses of the Congressional Budget Act of 1974 as alloca21 tions and aggregates contained in this resolution. 

22 (c) BUDGET COMMITTEE DETERMINATIONS.—For 

23 purposes of this resolution the levels of new budget au24 thority, outlays, direct spending, new entitlement author25 ity, revenues, deficits, and surpluses for a fiscal year or 
49

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1 period of fiscal years shall be determined on the basis of 

2 estimates made by the Senate Committee on the Budget. 

3 SEC. 222. ADJUSTMENTS TO REFLECT CHANGES IN CON4 CEPTS AND DEFINITIONS. 

5 Upon the enactment of a bill or joint resolution pro6 viding for a change in concepts or definitions, the Chair7 man of the Senate Committee on the Budget may make 

8 adjustments to the levels and allocations in this resolution 

9 in accordance with section 251(b) of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985 (as in effect 

11 prior to September 30, 2002). 

12 SEC. 223. DEBT DISCLOSURE REQUIREMENT. 

13 (a) IN GENERAL.—It shall not be in order to consider 

14 a budget resolution in the Senate unless it contains a debt 

15 disclosure section including all, and only, the following dis16 closures regarding debt: 

17 ‘‘SEC. ll. DEBT DISCLOSURES. 

18 ‘‘(a) IN GENERAL.—The levels assumed in this budg19 et resolution allow the gross Federal debt of the nation 

20 to rise/fall by $llllll from the current year, fiscal 

21 year 20ll, to the fifth year of the budget window, fiscal 

22 year 20ll. 

23 ‘‘(b) PER PERSON.—The levels assumed in this

24 budget resolution allow the gross Federal debt of the na25 tion to rise/fall by $llll on every United States cit-
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1 izen from the current year, fiscal year 20ll to the fifth 

2 year of the budget window, fiscal year 20ll. 

3 ‘‘(c) SOCIAL SECURITY.—The levels assumed in this 

4 budget resolution project that $llll of the Social Se5 curity surplus will be spent over the 5-year budget window, 

6 fiscal years 20ll–20ll, on things other than Social 

7 Security which represents ll percent of the projected 

8 Social Security surplus over this period.’’. 

9 (b) SOCIAL SECURITY.—If any portion of the Social 

10 Security surplus is projected to be spent and/or the gross 

11 Federal debt in the fifth year of the budget window is 

12 greater than the debt projected in the current year, as de13 scribed in the debt disclosure section described in sub14 section (a) of this section, the report, print, or statement 

15 of managers accompanying the budget resolution shall 

16 contain a section that—

17 (1) details the circumstances making it in the 

18 national interest to allow Federal debt to increase 

19 rather than taking steps to reduce the debt; and 

20 (2) provides a justification for allowing the sur21 pluses in the Social Security Trust Fund to be spent 

22 on other functions of Government even as the baby 

23 boom generation retires, program costs are projected 

24 to rise dramatically, the debt owed to Social Security 
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1 is about to come due, and the Trust Fund is pro2 jected to go insolvent. 

3 (c) DEFINITIONS.—The term ‘‘gross Federal debt’’ 

4 described above represents nominal increases in gross 

5 Federal debt measured at the end of each fiscal year dur6 ing the period of the budget, not debt as a percentage of 

7 gross domestic product, and not levels relative to baseline 

8 projections. 

9 SEC. 224. DEBT DISCLOSURES. 

10 (a) IN GENERAL.—The levels assumed in this budget 

11 resolution allow the gross Federal debt of the nation to 

12 rise by $2,000,000,000,000 from the current year, fiscal 

13 year 2008, to the fifth year of the budget window, fiscal 

14 year 2013. 

15 (b) PER PERSON.—The levels assumed in this budget 

16 resolution allow the gross Federal debt of the nation to 

17 rise by $6,440 on every United States citizen from the 

18 current year, fiscal year 2008, to the fifth year of the 

19 budget window, fiscal year 2013. 

20 (c) SOCIAL SECURITY.—The levels assumed in this 

21 budget resolution project $800,000,000,000 of the Social 

22 Security surplus will be spent over the 5-year budget win23 dow, fiscal years 2009–2013, on things other than Social 

24 Security, which represents 70 percent of the projected So25 cial Security surplus over this period. 
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1 SEC. 225. EXERCISE OF RULEMAKING POWERS. 

2 Congress adopts the provisions of this title—

3 (1) as an exercise of the rulemaking power of 

4 the Senate, and as such they shall be considered as 

5 part of the rules of the Senate and such rules shall 

6 supersede other rules only to the extent that they 

7 are inconsistent with such other rules; and 

8 (2) with full recognition of the constitutional 

9 right of the Senate to change those rules at any 

10 time, in the same manner, and to the same extent 

11 as is the case of any other rule of the Senate. 

12 SEC. 226. CIRCUIT BREAKER TO PROTECT SOCIAL SECU13 RITY. 

14 (a) CIRCUIT BREAKER.—If in any year the Congres15 sional Budget Office, in its report pursuant to section 

16 202(e)(1) of the Congressional Budget Act of 1974 

17 projects an on-budget deficit (excluding Social Security) 

18 for the budget year or any subsequent fiscal year covered 

19 by those projections, then the concurrent resolution on the 

20 budget for the budget year shall reduce on-budget deficits 

21 relative to the projections of Congressional Budget Office 

22 and put the budget on a path to achieve on-budget balance 

23 within 5 years, and shall include such provisions as are 

24 necessary to protect Social Security and facilitate deficit 

25 reduction, except it shall not contain any reduction in So26 cial Security benefits. 
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1 (b) POINT OF ORDER.—If in any year the Congres2 sional Budget Office, in its report pursuant to section 

3 202(e)(1) of the Congressional Budget Act of 1974 

4 projects an on-budget deficit for the budget year or any 

5 subsequent fiscal year covered by those projections, it shall 

6 not be in order in the Senate to consider a concurrent 

7 resolution on the budget for the budget year or any con8 ference report thereon that fails to reduce on-budget defi9 cits relative to the projections of Congressional Budget Of10 fice and put the budget on a path to achieve on-budget 

11 balance within 5 years. 

12 (c) AMENDMENTS TO BUDGET RESOLUTION.—If in 

13 any year the Congressional Budget Office, in its report 

14 pursuant to section 202(e)(1) of the Congressional Budget 

15 Act of 1974 projects an on-budget deficit for the budget 

16 year or any subsequent fiscal year covered by those projec17 tions, it shall not be in order in the Senate to consider 

18 an amendment to a concurrent resolution on the budget 

19 that would increase on-budget deficits relative to the con20 current resolution on the budget in any fiscal year covered 

21 by that concurrent resolution on the budget or cause the 

22 budget to fail to achieve on-budget balance within 5 years. 

23 (d) SUSPENSION OF REQUIREMENT DURING WAR OR

24 LOW ECONOMIC GROWTH.—
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1 (1) LOW GROWTH.—If the most recent of the 

2 Department of Commerce’s advance, preliminary, or 

3 final reports of actual real economic growth indicate 

4 that the rate of real economic growth (as measured 

5 by the real gross domestic product) for each of the 

6 most recently reported quarter and the immediately 

7 preceding quarter is less than zero percent, this sec8 tion is suspended. 

9 (2) WAR.—If a declaration of war is in effect, 

10 this section is suspended. 

11 (e) SUPERMAJORITY WAIVER AND APPEALS.—

12 (1) WAIVER.—Subsections (b) and (c) may be 

13 waived or suspended in the Senate only by an af14 firmative vote of three-fifths of the Members, duly 

15 chosen and sworn. 

16 (2) APPEALS.—Appeals in the Senate from the 

17 decisions of the Chair relating to any provision of 

18 this subsection shall be limited to 1 hour, to be 

19 equally divided between, and controlled by, the ap20 pellant and the manager of the bill or joint resolu21 tion, as the case may be. An affirmative vote of 

22 three-fifths of the Members of the Senate, duly cho23 sen and sworn, shall be required to sustain an ap24 peal of the ruling of the Chair on a point of order 

25 raised under this subsection. 
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1 (f) BUDGET YEAR.—In this section, the term ‘‘budg2 et year’’ shall have the same meaning as in section 

3 250(c)(12) of the Balanced Budget and Emergency Def4 icit Control Act of 1985. 

5 TITLE III—RESERVE FUNDS 

6 SEC. 301. DEFICIT-NEUTRAL RESERVE FUND TO STRENGTH7 EN AND STIMULATE THE AMERICAN ECON8 OMY AND PROVIDE ECONOMIC RELIEF TO 

9 AMERICAN FAMILIES. 

10 (a) TAX RELIEF.—The Chairman of the Senate Com11 mittee on the Budget may revise the aggregates, alloca12 tions, and other appropriate levels in this resolution for 

13 one or more bills, joint resolutions, amendments, motions, 

14 or conference reports that would provide tax relief, includ15 ing extensions of expiring tax relief, reinstatement of ex16 pired tax relief, such as enhanced charitable giving from 

17 individual retirement accounts, including life-income gifts, 

18 and refundable tax relief and incentivizing utilization of 

19 accumulated alternative minimum tax and research and 

20 development credits, by the amounts provided in that leg21 islation for those purposes, provided that such legislation 

22 would not increase the deficit over either the period of the 

23 total of fiscal years 2008 through 2013 or the period of 

24 the total of fiscal years 2008 through 2018. 
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1 (b) MANUFACTURING.—The Chairman of the Senate 

2 Committee on the Budget may revise the allocations, ag3 gregates, and other appropriate levels in this resolution 

4 for one or more bills, joint resolutions, amendments, mo5 tions, or conference reports, including tax legislation, that 

6 would revitalize the United States domestic manufacturing 

7 sector by increasing Federal research and development, by 

8 expanding the scope and effectiveness of manufacturing 

9 programs across the Federal government, by increasing ef10 forts to train and retrain manufacturing workers, by in11 creasing support for development of alternative fuels and 

12 leap-ahead automotive and energy technologies, or by es13 tablishing tax incentives to encourage the continued pro14 duction in the United States of advanced technologies and 

15 the infrastructure to support such technologies, by the 

16 amounts provided in that legislation for those purposes, 

17 provided that such legislation would not increase the def18 icit over either the period of the total of fiscal years 2008 

19 through 2013 or the period of the total of fiscal years 

20 2008 through 2018. 

21 (c) HOUSING.—The Chairman of the Senate Com22 mittee on the Budget may revise the allocations of a com23 mittee or committees, aggregates, and other levels in this 

24 resolution for one or more bills, joint resolutions, amend25 ments, motions, or conference reports that would provide 
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1 housing assistance, which may include low income rental 

2 assistance, or establish an affordable housing fund fi3 nanced by the housing government sponsored enterprises 

4 or other sources, by the amounts provided in such legisla5 tion for those purposes, provided that such legislation 

6 would not increase the deficit over either the period of the 

7 total of fiscal years 2008 through 2013 or the period of 

8 the total of fiscal years 2008 through 2018. 

9 (d) FLOOD INSURANCE REFORM.—The Chairman of 

10 the Senate Committee on the Budget may revise the allo11 cations of a committee or committees, aggregates, and 

12 other levels in this resolution for one or more bills, joint 

13 resolutions, amendments, motions, or conference reports 

14 that would provide for flood insurance reform and mod15 ernization, by the amounts provided in such legislation for 

16 those purposes, provided that such legislation would not 

17 increase the deficit over either the period of the total of 

18 fiscal years 2008 through 2013 or the period of the total 

19 of fiscal years 2008 through 2018. 

20 (e) TRADE.—The Chairman of the Senate Committee 

21 on the Budget may revise the allocations, aggregates, and 

22 other levels in this resolution for one or more bills, joint 

23 resolutions, amendments, motions, or conference reports 

24 relating to trade agreements, preferences, sanctions, en25 forcement, or customs, by the amounts provided in such 
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1 legislation for those purposes, provided that such legisla2 tion would not increase the deficit over either the period 

3 of the total of fiscal years 2008 through 2013 or the pe4 riod of the total of fiscal years 2008 through 2018. 

5 (f) ECONOMIC RELIEF FOR AMERICAN FAMILIES.—

6 The Chairman of the Senate Committee on the Budget 

7 may revise the allocations of a committee or committees, 

8 aggregates, and other appropriate levels in this resolution 

9 for one or more bills, joint resolutions, amendments, mo10 tions, or conference reports which—

11 (1) reauthorizes the Temporary Assistance for 

12 Needy Families supplemental grants or makes im13 provements to the Temporary Assistance for Needy 

14 Families program, child welfare programs, or the 

15 child support enforcement program; 

16 (2) provides up to $5,000,000,000 for the child 

17 care entitlement to States; 

18 (3) provides up to $40,000,000 for the emer19 gency food assistance program established under the 

20 Emergency Food Assistance Act of 1983 (7 U.S.C. 

21 7501 et seq.); 

22 (4) improves the unemployment compensation 

23 program; or 

24 (5) reauthorizes the trade adjustment assist25 ance programs; 
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1 by the amounts provided in such legislation for those pur2 poses, provided that such legislation would not increase 

3 the deficit over either the period of the total of fiscal years 

4 2008 through 2013 or the period of the total of fiscal 

5 years 2008 through 2018. 

6 (g) AMERICA’S FARMS AND ECONOMIC INVESTMENT

7 IN RURAL AMERICA.—

8 (1) FARM BILL.—The Chairman of the Senate 

9 Committee on the Budget may revise the allocations, 

10 aggregates, and other appropriate levels in this reso11 lution for one or more bills, joint resolutions, amend12 ments, motions, or conference reports that provide 

13 for the reauthorization of the programs of the Food 

14 Security and Rural Investment Act of 2002 or prior 

15 Acts, authorize similar or related programs, provide 

16 for revenue changes, or any combination of the pre17 ceding purposes, by the amounts provided in such 

18 legislation for those purposes up to $15,000,000,000 

19 over the period of the total of fiscal years 2008 

20 through 2013, provided that such legislation would 

21 not increase the deficit over either the period of the 

22 total of fiscal years 2008 through 2013 or the period 

23 of the total of fiscal years 2008 through 2018. 

24 (2) COUNTY PAYMENTS.—The Chairman of the 

25 Senate Committee on the Budget may revise the al-
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1 locations of a committee or committees, aggregates, 

2 and other appropriate levels and limits in this reso3 lution for one or more bills, joint resolutions, amend4 ments, motions, or conference reports that provide 

5 for the reauthorization of the Secure Rural Schools 

6 and Community Self-Determination Act of 2000 

7 (Public Law 106–393), make changes to the Pay8 ments in Lieu of Taxes Act of 1976 (Public Law 

9 94–565), or both, by the amounts provided by that 

10 legislation for those purposes, provided that such 

11 legislation would not increase the deficit over either 

12 the period of the total of fiscal years 2008 through 

13 2013 or the period of the total of fiscal years 2008 

14 through 2018. 

15 SEC. 302. DEFICIT-NEUTRAL RESERVE FUND FOR IMPROV16 ING EDUCATION. 

17 (a) FEDERAL PELL GRANT.—The Chairman of the 

18 Senate Committee on the Budget may revise the aggre19 gates, allocations, and other appropriate levels in this reso20 lution for one or more bills, joint resolutions, amendments, 

21 motions, or conference reports that would make higher 

22 education more accessible or more affordable, which may 

23 include increasing funding for the Federal Pell Grant pro24 gram or increasing Federal student loan limits, facilitate 

25 modernization of school facilities through renovation or 
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1 construction bonds, reduce the cost of teachers’ out-of2 pocket expenses for school supplies, or provide tax incen3 tives for highly-qualified teachers to serve in high-needs 

4 schools, by the amounts provided in such legislation for 

5 those purposes, provided that such legislation would not 

6 increase the deficit over either the period of the total of 

7 fiscal years 2008 through 2013 or the period of the total 

8 of fiscal years 2008 through 2018. The legislation may 

9 include tax benefits and other revenue provisions. 

10 (b) IMPROVING EDUCATION.—The Chairman of the 

11 Senate Committee on the Budget may revise the alloca12 tions of a committee or committees, aggregates, and other 

13 levels and limits in this resolution for one or more bills, 

14 joint resolutions, amendments, motions, or conference re15 ports that would improve student achievement during sec16 ondary education, including middle school completion, 

17 high school graduation and preparing students for higher 

18 education and the workforce, by the amounts provided in 

19 such legislation for such purpose, provided that such legis20 lation would not increase the deficit over either the period 

21 of the total of fiscal years 2008 through 2013 or the pe22 riod of the total of fiscal years 2008 through 2018. 
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1 SEC. 303. DEFICIT-NEUTRAL RESERVE FUND FOR INVEST2 MENTS IN AMERICA’S INFRASTRUCTURE. 

3 The Chairman of the Senate Committee on the Budg4 et may revise the aggregates, allocations, and other appro5 priate levels and limits in this resolution for one or more 

6 bills, joint resolutions, amendments, motions, or con7 ference reports that provide for a robust federal invest8 ment in America’s infrastructure, which may include 

9 projects for transit, rail (including high-speed passenger 

10 rail), airport, seaport, public housing, energy, water, high11 way, bridge, or other infrastructure projects, by the 

12 amounts provided in that legislation for those purposes, 

13 provided that such legislation would not increase the def14 icit over either the period of the total of fiscal years 2008 

15 through 2013 or the period of the total of fiscal years 

16 2008 through 2018. 

17 SEC. 304. DEFICIT-NEUTRAL RESERVE FUND TO INVEST IN 

18 CLEAN ENERGY, PRESERVE THE ENVIRON19 MENT, AND PROVIDE FOR CERTAIN SETTLE20 MENTS. 

21 (a) ENERGY AND THE ENVIRONMENT.—The Chair22 man of the Senate Committee on the Budget may revise 

23 the allocations of a committee or committees, aggregates, 

24 and other levels and limits in this resolution for one or 

25 more bills, joint resolutions, amendments, motions, or con26 ference reports that would decrease greenhouse gas emis-
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1 sions, reduce our Nation’s dependence on imported energy, 

2 produce green jobs, or preserve or protect national parks, 

3 oceans, or coastal areas, by the amounts provided in such 

4 legislation for those purposes, provided that such legisla5 tion would not increase the deficit over either the period 

6 of the total of fiscal years 2008 through 2013 or the pe7 riod of the total of fiscal years 2008 through 2018. The 

8 legislation may include tax legislation such as a proposal 

9 to extend for 5 years energy tax incentives like the produc10 tion tax credit for electricity produced from renewable re11 sources, the biodiesel production tax credit, or the Clean 

12 Renewable Energy Bond program, to provide a tax credit 

13 for clean burning wood stoves, a tax credit for production 

14 of cellulosic ethanol, a tax credit for plug-in hybrid vehi15 cles, or provisions to encourage energy efficient buildings, 

16 products, and power plants. Tax legislation under this sec17 tion may be paid for by adjustments to sections 167(h)(1) 

18 of the Internal Revenue Code of 1986 as it relates to inte19 grated oil companies. 

20 (b) SETTLEMENTS.—The Chairman of the Senate 

21 Committee on the Budget may revise the allocations of 

22 a committee or committees, aggregates, and other appro23 priate levels in this resolution for one or more bills, joint 

24 resolutions, amendments, motions, or conference reports 

25 that would fulfill the purposes of the San Joaquin River 
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1 Restoration Settlement Act or implement a Navajo Nation 

2 water rights settlement and other provisions authorized by 

3 the Northwestern New Mexico Rural Water Projects Act, 

4 by the amounts provided by that legislation for those pur5 poses, provided that such legislation would not increase 

6 the deficit over either the period of the total of fiscal years 

7 2008 through 2013 or the period of the total of fiscal 

8 years 2008 through 2018. 

9 SEC. 305. DEFICIT-NEUTRAL RESERVE FUND FOR AMER10 ICA’S VETERANS AND WOUNDED 

11 SERVICEMEMBERS AND FOR A POST 9/11 GI 

12 BILL. 

13 (a) VETERANS AND WOUNDED SERVICEMEMBERS.—

14 The Chairman of the Senate Committee on the Budget 

15 may revise the allocations of a committee or committees, 

16 aggregates, and other appropriate levels in this resolution 

17 for one or more bills, joint resolutions, amendments, mo18 tions, or conference reports which would—

19 (1) enhance medical care, disability evaluations, 

20 or disability benefits for wounded or disabled mili21 tary personnel or veterans; 

22 (2) provide for or increase benefits to Filipino 

23 veterans of World War II, their survivors and de24 pendents; 
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1 (3) allow for the transfer of education benefits 

2 from servicemembers to family members or veterans 

3 (including the elimination of the offset between Sur4 vivor Benefit Plan annuities and veterans’ depend5 ency and indemnity compensation); 

6 (4) providing for the continuing payment to 

7 members of the Armed Forces who are retired or 

8 separated from the Armed Forces due to a combat9 related injury after September 11, 2001, of bonuses 

10 that such members were entitled to before the retire11 ment or separation and would continue to be entitled 

12 to such members were not retired or separated; or 

13 (5) enhance programs and activities to increase 

14 the availability of health care and other veterans 

15 services for veterans living in rural areas; 

16 by the amounts provided in such legislation for those pur17 poses, provided that such legislation does not include in18 creased fees charged to veterans for pharmacy co-pay19 ments, annual enrollment, or third-party insurance pay20 ment offsets, and further provided that such legislation 

21 would not increase the deficit over either the period of the 

22 total of fiscal years 2008 through 2013 or the period of 

23 the total of fiscal years 2008 through 2018. 

24 (b) POST 9/11 GI BILL.—The Chairman of the Sen25 ate Committee on the Budget may revise the allocations 
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1 of a committee or committees, aggregates, and other ap2 propriate levels in this resolution for one or more bills, 

3 joint resolutions, amendments, motions, or conference re4 ports which would enhance educational benefits of service 

5 members and veterans with service on active duty in the 

6 Armed Forces on or after September 11, 2001, by the 

7 amounts provided in such legislation for those purposes, 

8 provided that such legislation would not increase the def9 icit over either the period of the total of fiscal years 2008 

10 through 2013 or the period of the total of fiscal years 

11 2008 through 2018. 

12 SEC. 306. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE 

13 AMERICA’S HEALTH. 

14 (a) SCHIP.—The Chairman of the Senate Com15 mittee on the Budget may revise the allocations, aggre16 gates, and other appropriate levels in this resolution for 

17 a bill, joint resolution, amendment, motion, or conference 

18 report that provides up to $50,000,000,000 in outlays over 

19 the period of the total of fiscal years 2008 through 2013 

20 for reauthorization of SCHIP, if such legislation main21 tains coverage for those currently enrolled in SCHIP, con22 tinues efforts to enroll uninsured children who are already 

23 eligible for SCHIP or Medicaid but are not enrolled, or 

24 supports States in their efforts to move forward in cov25 ering more children or pregnant women, by the amounts 
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1 provided in that legislation for those purposes, provided 

2 that the outlay adjustment shall not exceed 

3 $50,000,000,000 in outlays over the period of the total 

4 of fiscal years 2008 through 2013, and provided that such 

5 legislation would not increase the deficit over either the 

6 period of the total of fiscal years 2008 through 2013 or 

7 the period of the total of fiscal years 2008 through 2018. 

8 (b) MEDICARE IMPROVEMENTS.—

9 (1) PHYSICIAN PAYMENTS.—The Chairman of 

10 the Senate Committee on the Budget may revise the 

11 aggregates, allocations, and other appropriate levels 

12 in this resolution for a bill, joint resolution, amend13 ment, motion, or conference report that increases 

14 the reimbursement rate for physician services under 

15 section 1848(d) of the Social Security Act and that 

16 includes financial incentives for physicians to im17 prove the quality and efficiency of items and services 

18 furnished to Medicare beneficiaries through the use 

19 of consensus-based quality measures, by the 

20 amounts provided in such legislation for those pur21 poses, provided that such legislation would not in22 crease the deficit over either the period of the total 

23 of fiscal years 2008 through 2013 or the period of 

24 the total of fiscal years 2008 through 2018. 
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1 (2) OTHER IMPROVEMENTS TO MEDICARE.—

2 The Chairman of the Senate Committee on the 

3 Budget may revise the aggregates, allocations, and 

4 other appropriate levels in this resolution for a bill, 

5 joint resolution, amendment, motion, or conference 

6 report that makes improvements to the Medicare 

7 program, which may include improvements to the 

8 prescription drug benefit under Medicare Part D, 

9 adjustments to the Medicare Savings Program, and 

10 reductions in beneficiary cost-sharing for preventive 

11 benefits under Medicare Part B, or measures to en12 courage physicians to train in primary care 

13 residencies and attract more physicians and other 

14 health care providers to States that face a shortage 

15 of health care providers, by the amounts provided in 

16 such legislation for those purposes up to 

17 $10,000,000,000, provided that such legislation 

18 would not increase the deficit over either the period 

19 of the total of fiscal years 2008 through 2013 or the 

20 period of the total of fiscal years 2008 through 

21 2018. 

22 (3) ELECTRONIC PRESCRIBING.—The Chairman 

23 of the Senate Committee on the Budget may revise 

24 the allocations, aggregates, and other levels in this 

25 resolution for one or more bills, joint resolutions, 
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1 amendments, motions, or conference reports that 

2 promote the deployment and use of electronic pre3 scribing technologies through financial incentives, in4 cluding grants and bonus payments, and potential 

5 adjustments in the Medicare reimbursement mecha6 nisms for physicians, by the amounts provided in 

7 such legislation for those purposes, provided that 

8 such legislation would not increase the deficit over 

9 either the period of the total of fiscal years 2008 

10 through 2013 or the period of the total of fiscal 

11 years 2008 through 2018. 

12 (4) RURAL EQUITY PAYMENT POLICIES.—The 

13 Chairman of the Senate Committee on the Budget 

14 may revise the aggregates, allocations, and other ap15 propriate levels in this resolution for a bill, joint res16 olution, amendment, motion, or conference report 

17 that—

18 (A) preserves existing Medicare payment 

19 provisions supporting America’s rural health 

20 care delivery system; and 

21 (B) promotes Medicare payment policies 

22 that increase access to quality health care in 

23 isolated and underserved rural areas, 

24 by the amounts provided in such legislation for those 

25 purposes, provided that such legislation would not 
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1 increase the deficit over either the period of the total 

2 of fiscal years 2008 through 2013 or the period of 

3 the total of fiscal years 2008 through 2018. 

4 (5) MEDICARE LOW-INCOME PROGRAMS.—The 

5 Chairman of the Senate Committee on the Budget 

6 may revise the aggregates, allocations, and other ap7 propriate levels in this resolution for a bill, joint res8 olution, amendment, motion, or conference report 

9 that makes improvements to the Medicare Savings 

10 Program and the Medicare part D low-income sub11 sidy program, which may include the provisions 

12 that—

13 (A) provide for an increase in the asset al14 lowance under the Medicare Part D low-income 

15 subsidy program so that individuals with very 

16 limited incomes, but modest retirement savings, 

17 can obtain the assistance that the Medicare 

18 Prescription Drug, Improvement, and Mod19 ernization Act of 2003 was intended to deliver 

20 with respect to the payment of premiums and 

21 cost-sharing under the Medicare part D pre22 scription drug benefit; 

23 (B) provide for an update in the income 

24 and asset allowances under the Medicare Sav-
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1 ings Program and provide for an annual infla2 tionary adjustment for those allowances; and 

3 (C) improve outreach and enrollment 

4 under the Medicare Savings Program and the 

5 Medicare part D low-income subsidy program to 

6 ensure that low-income senior citizens and other 

7 low-income Medicare beneficiaries receive the 

8 low-income assistance for which they are eligible 

9 in accordance with the improvements provided 

10 for in such legislation, 

11 by the amounts provided in such legislation for those 

12 purposes, provided that such legislation would not 

13 increase the deficit over either the period of the total 

14 of fiscal years 2008 through 2013 or the period of 

15 the total of fiscal years 2008 through 2018. 

16 (c) HEALTH CARE QUALITY, EFFECTIVENESS, EFFI17 CIENCY, AND TRANSPARENCY.—

18 (1) COMPARATIVE EFFECTIVENESS RE19 SEARCH.—The Chairman of the Senate Committee 

20 on the Budget may revise the allocations of a com21 mittee or committees, aggregates, and other appro22 priate levels in this resolution for one or more bills, 

23 joint resolutions, amendments, motions, or con24 ference reports that establish a new Federal or pub25 lic-private initiative for comparative effectiveness re-
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1 search, by the amounts provided in such legislation 

2 for those purposes, provided that such legislation 

3 would not increase the deficit over either the period 

4 of the total of fiscal years 2008 through 2013 or the 

5 period of the total of fiscal years 2008 through 

6 2018. 

7 (2) IMPROVING THE HEALTH CARE SYSTEM.—

8 The Chairman of the Senate Committee on the 

9 Budget may revise the allocations, aggregates, and 

10 other levels in this resolution for a bill, joint resolu11 tion, motion, amendment, or conference report 

12 that—

13 (A) creates a framework and parameters 

14 for the use of Medicare data for the purpose of 

15 conducting research, public reporting, and other 

16 activities to evaluate health care safety, effec17 tiveness, efficiency, quality, and resource utili18 zation in Federal programs and the private 

19 health care system; and 

20 (B) includes provisions to protect bene21 ficiary privacy and to prevent disclosure of pro22 prietary or trade secret information with re23 spect to the transfer and use of such data; 

24 provided that such legislation would not increase the 

25 deficit over either the period of the total of fiscal 
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1 years 2008 through 2013 or the period of the total 

2 of fiscal 2008 through 2018. 

3 (3) HEALTH INFORMATION TECHNOLOGY AND

4 ADHERENCE TO BEST PRACTICES.—

5 (A) HEALTH INFORMATION TECH6 NOLOGY.—The Chairman of the Committee on 

7 the Budget of the Senate may revise the alloca8 tions of a committee or committees, aggregates, 

9 and other appropriate levels and limits in this 

10 resolution for 1 or more bills, joint resolutions, 

11 amendments, motions, or conference reports 

12 that provide incentives or other support for 

13 adoption of modern information technology, in14 cluding incentives or other supports for the 

15 adoption of electronic prescribing technology, to 

16 improve quality and protect privacy in health 

17 care, such as activities by the Department of 

18 Defense and the Department of Veterans Af19 fairs to integrate their electronic health record 

20 data, by the amounts provided in such legisla21 tion for that purpose, provided that such legis22 lation would not increase the deficit over either 

23 the period of the total of fiscal years 2008 

24 through 2013 or the period of the total of fiscal 

25 years 2008 through 2018. 
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1 (B) ADHERENCE TO BEST PRACTICES.—

2 The Chairman of the Committee on the Budget 

3 of the Senate may revise the allocations of a 

4 committee or committees, aggregates, and other 

5 appropriate levels and limits in this resolution 

6 for 1 or more bills, joint resolutions, amend7 ments, motions, or conference reports that pro8 vide incentives for Medicare providers or sup9 pliers to comply with, where available and medi10 cally appropriate, clinical protocols identified as 

11 best practices, by the amounts provided in such 

12 legislation for that purpose, provided in the 

13 Senate that such legislation would not increase 

14 the deficit over either the period of the total of 

15 fiscal years 2008 through 2013 or the period of 

16 the total of fiscal years 2008 through 2018. 

17 (d) FOOD AND DRUG ADMINISTRATION.—

18 (1) REGULATION.—The Chairman of the Sen19 ate Committee on the Budget may revise the alloca20 tions, aggregates, and other appropriate levels in 

21 this resolution for a bill, joint resolution, motion, 

22 amendment, or conference report that authorizes the 

23 Food and Drug Administration to regulate products 

24 and assess user fees on manufacturers and import25 ers of those products to cover the cost of the Food 
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1 and Drug Administration’s regulatory activities, by 

2 the amounts provided in that legislation for those 

3 purposes, provided that such legislation would not 

4 increase the deficit over either the period of the total 

5 of fiscal years 2008 through 2013 or the period of 

6 the total of fiscal years 2008 through 2018. 

7 (2) DRUG IMPORTATION.—The Chairman of the 

8 Senate Committee on the Budget may revise the ag9 gregates, allocations, and other levels in this resolu10 tion for a bill, joint resolution, motion, amendment, 

11 or conference report that permits the safe importa12 tion of prescription drugs approved by the Food and 

13 Drug Administration from a specified list of coun14 tries, by the amounts provided in such legislation for 

15 those purposes, provided that such legislation would 

16 not increase the deficit over either the period of the 

17 total of fiscal years 2008 through 2013 or the period 

18 of the total of fiscal years 2008 through 2018. 

19 (e) MEDICAID.—

20 (1) RULES OR ADMINISTRATIVE ACTIONS.—The 

21 Chairman of the Senate Committee on the Budget 

22 may revise the allocations, aggregates, and other ap23 propriate levels in this resolution for a bill, joint res24 olution, amendment, motion, or conference report 

25 that includes provisions regarding the final rule pub-
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1 lished on May 29, 2007, on pages 29748 through 

2 29836 of volume 72, Federal Register (relating to 

3 parts 433, 447, and 457 of title 42, Code of Federal 

4 Regulations) or any other rule or other administra5 tive action that would affect the Medicaid program 

6 or SCHIP in a similar manner, or place restrictions 

7 on coverage of or payment for graduate medical edu8 cation, rehabilitation services, or school-based ad9 ministration, school-based transportation, or optional 

10 case management services under title XIX of the So11 cial Security Act, or includes provisions regarding 

12 administrative guidance issued in August 2007 af13 fecting SCHIP or any other administrative action 

14 that would affect SCHIP in a similar manner, so 

15 long as no provision in such bill, joint resolution, 

16 amendment, motion or conference report shall be 

17 construed as prohibiting the Secretary of Health and 

18 Human Services from promulgating or implementing 

19 any rule, action, or guidance designed to prevent 

20 fraud and protect the integrity of the Medicaid pro21 gram or SCHIP or reduce inappropriate spending 

22 under such programs, by the amounts provided in 

23 that legislation for those purposes, provided that 

24 such legislation would not increase the deficit over 

25 either the total of the period of fiscal years 2008 
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1 through 2013 or the total of the period of fiscal 

2 years 2008 through 2018. 

3 (2) TRANSITIONAL MEDICAL ASSISTANCE.—The 

4 Chairman of the Senate Committee on the Budget 

5 may revise the allocations of a committee or commit6 tees, aggregates, and other appropriate levels in this 

7 resolution for one or more bills, joint resolutions, 

8 amendments, motions or conference reports that ex9 tend the Transitional Medical Assistance program, 

10 included in title XIX of the Social Security Act, by 

11 the amounts provided in such legislation for those 

12 purposes, provided that such legislation would not 

13 increase the deficit over either the total of the period 

14 of fiscal years 2008 through 2013 or the total of the 

15 period of fiscal years 2008 through 2018. 

16 (f) OTHER IMPROVEMENTS IN HEALTH.—The Chair17 man of the Senate Committee on the Budget may revise 

18 the allocations of a committee or committees, aggregates, 

19 and other appropriate levels in this resolution for one or 

20 more bills, joint resolutions, amendments, motions, or con21 ference reports which—

22 (1) make health insurance coverage more af23 fordable or available to small businesses and their 

24 employees, through pooling arrangements that pro-
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1 vide appropriate consumer protections, and through 

2 reducing barriers to cafeteria plans; 

3 (2) improve health care, provide quality health 

4 insurance for the uninsured and underinsured, and 

5 protect individuals with current health coverage; 

6 (3) reauthorize the special diabetes program for 

7 Indians and the special diabetes programs for Type 

8 1 diabetes; 

9 (4) improve long-term care, enhance the safety 

10 and dignity of patients, encourage appropriate use of 

11 institutional and community-based care, promote 

12 quality care, or provide for the cost-effective use of 

13 public resources; or 

14 (5) provide parity between heath insurance cov15 erage of mental health benefits and benefits for 

16 medical and surgical services, including parity in 

17 public programs; 

18 by the amounts provided in such legislation for those pur19 poses, provided that such legislation would not increase 

20 the deficit over either the period of the total of fiscal years 

21 2008 through 2013 or the period of the total of fiscal 

22 years 2008 through 2018. 

23 (g) PEDIATRIC DENTAL CARE.—The Chairman of 

24 the Committee on the Budget of the Senate may revise 

25 the aggregates, allocations, and other appropriate levels 
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1 in this resolution for a bill, joint resolution, amendment, 

2 motion, or conference report that would provide for im3 proved access to pediatric dental care for children from 

4 low-income families, by the amounts provided in such leg5 islation for such purpose, provided that such legislation 

6 would not increase the deficit over either the period of the 

7 total of fiscal years 2008 through 2013 or the period of 

8 the total of fiscal years 2008 through 2018. 

9 SEC. 307. SENSE OF THE SENATE REGARDING MEDICAID 

10 ADMINISTRATIVE REGULATIONS. 

11 (a) FINDINGS.—The Senate makes the following 

12 findings: 

13 (1) The Medicaid program provides essential 

14 health care and long-term care services to approxi15 mately 60,000,000 low-income children, pregnant 

16 women, parents, individuals with disabilities, and 

17 senior citizens. It is a Federal guarantee that en18 sures the most vulnerable will have access to needed 

19 medical services. 

20 (2) Medicaid provides critical access to long21 term care and other services for the elderly and indi22 viduals living with disabilities, and is the single larg23 est provider of long-term care services. Medicaid also 

24 pays for personal care and other supportive services 

25 that are typically not provided by private health in-
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1 surance or Medicare, but are necessary to enable in2 dividuals with spinal cord injuries, developmental 

3 disabilities, neurological degenerative diseases, seri4 ous and persistent mental illnesses, HIV/AIDS, and 

5 other chronic conditions to remain in the commu6 nity, to work, and to maintain independence. 

7 (3) Medicaid supplements the Medicare pro8 gram for about 7,500,000 low-income elderly or dis9 abled Medicare beneficiaries, assisting them with 

10 their Medicare premiums and co-insurance, wrap11 around benefits, and the costs of nursing home care 

12 that Medicare does not cover. The Medicaid program 

13 spends over $100,000,000,000 on uncovered Medi14 care services. 

15 (4) Medicaid provides health insurance for more 

16 than one-quarter of America’s children and is the 

17 largest purchaser of maternity care, paying for more 

18 than one-third of all the births in the United States 

19 each year. Medicaid also provides critical access to 

20 care for children with disabilities, covering more 

21 than 70 percent of poor children with disabilities. 

22 (5) More than 21,000,000 women depend on 

23 Medicaid for their health care. Women comprise the 

24 majority of seniors (64 percent) on Medicaid. Half 

25 of nonelderly women with permanent mental or 
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1 physical disabilities have health coverage through 

2 Medicaid. Medicaid provides treatment for low-in3 come women diagnosed with breast or cervical can4 cer in every State. 

5 (6) Medicaid is the Nation’s largest source of 

6 payment for mental health services, HIV/AIDS care, 

7 and care for children with special needs. Much of 

8 this care is either not covered by private insurance 

9 or limited in scope or duration. Medicaid is also a 

10 critical source of funding for health care for children 

11 in foster care and for health services in schools. 

12 (7) Medicaid funds help ensure access to care 

13 for all Americans. Medicaid is the single largest 

14 source of revenue for the Nation’s safety net hos15 pitals, health centers, and nursing homes, and is 

16 critical to the ability of these providers to adequately 

17 serve all Americans. 

18 (8) Medicaid serves a major role in ensuring 

19 that the number of Americans without health insur20 ance, approximately 47,000,000 in 2006, is not sub21 stantially higher. The system of Federal matching 

22 for State Medicaid expenditures ensures that Fed23 eral funds will grow as State spending increases in 

24 response to unmet needs, enabling Medicaid to help 
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1 buffer the drop in private coverage during reces2 sions. 

3 (9) The Bush Administration has issued several 

4 regulations that shift Medicaid cost burdens onto 

5 States and put at risk the continued availability of 

6 much-needed services. The regulations relate to Fed7 eral payments to public providers, and for graduate 

8 medical education, rehabilitation services, school9 based administration, school-based transportation, 

10 optional case management services. 

11 (b) SENSE OF THE SENATE.—It is the sense of the 

12 Senate that administrative regulations should not—

13 (1) undermine the role the Medicaid program 

14 plays as a critical component of the health care sys15 tem of the United States; 

16 (2) cap Federal Medicaid spending, or other17 wise shift Medicaid cost burdens to State or local 

18 governments and their taxpayers and health pro19 viders, forcing a reduction in access to essential 

20 health services for low-income elderly individuals, in21 dividuals with disabilities, and children and families; 

22 or 

23 (3) undermine the Federal guarantee of health 

24 insurance coverage Medicaid provides, which would 
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1 threaten not only the health care safety net of the 

2 United States, but the entire health care system. 

3 SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR JUDICIAL 

4 PAY AND JUDGESHIPS. 

5 The Chairman of the Senate Committee on the Budg6 et may revise the allocations of a committee or commit7 tees, aggregates, and other levels in this resolution for one 

8 or more bills, joint resolutions, amendments, motions, or 

9 conference reports that would authorize salary adjust10 ments for justices and judges of the United States or in11 crease the number of Federal judgeships, by the amounts 

12 provided in such legislation for those purposes, provided 

13 that such legislation would not increase the deficit over 

14 either the period of the total of fiscal years 2008 through 

15 2013 or the period of the total of fiscal years 2008 

16 through 2018. 

17 SEC. 309. DEFICIT-NEUTRAL RESERVE FUND FOR REFORM18 ING THE ALTERNATIVE MINIMUM TAX FOR 

19 INDIVIDUALS. 

20 The Chairman of the Senate Committee on the Budg21 et may revise the allocations of a committee or commit22 tees, aggregates, and other levels in this resolution for one 

23 or more bills, joint resolutions, amendments, motions, or 

24 conference reports that would reinstate the pre-1993 rates 

25 for the alternative minimum tax for individuals, by the 
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1 amounts provided in such legislation for such purpose, 

2 provided that such legislation would not increase the def3 icit over either the period of the total of fiscal years 2008 

4 through 2013 or the period of the total of fiscal years 

5 2008 through 2018. 

6 SEC. 310. DEFICIT-NEUTRAL RESERVE FUND FOR REPEAL7 ING THE 1993 INCREASE IN THE INCOME TAX 

8 ON SOCIAL SECURITY BENEFITS. 

9 The Chairman of the Senate Committee on the Budg10 et may revise the allocations of a committee or commit11 tees, aggregates, and other levels in this resolution for one 

12 or more bills, joint resolutions, amendments, motions, or 

13 conference reports that would repeal the 1993 increase in 

14 the income tax on Social Security benefits, by the amounts 

15 provided in such legislation for such purpose, provided 

16 that such legislation would not increase the deficit over 

17 either the period of the total of fiscal years 2008 through 

18 2013 or the period of the total of fiscal years 2008 

19 through 2018. 

20 SEC. 311. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE 

21 ENERGY EFFICIENCY AND PRODUCTION. 

22 (a) IN GENERAL.—Subject to subsection (b), the 

23 Chairman of the Senate Committee on the Budget may 

24 revise the allocations, aggregates, and other levels in this 

25 resolution by the amounts provided by a bill, joint resolu-
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1 tion, amendment, motion, or conference report that would 

2 encourage—

3 (1) consumers to replace old conventional wood 

4 stoves with new clean wood, pellet, or corn stoves 

5 certified by the Environmental Protection Agency; 

6 (2) consumers to install smart electricity meters 

7 in homes and businesses; 

8 (3) the capture and storage of carbon dioxide 

9 emissions from coal projects; and 

10 (4) the development of oil and natural gas re11 sources beneath the outer Continental Shelf in areas 

12 not covered by a Presidential or Congressional mora13 torium. 

14 (b) DEFICIT NEUTRALITY.—Subsection (a) applies 

15 only if the legislation described in subsection (a) would 

16 not increase the deficit over the period of the total of fiscal 

17 years 2008 through 2013 or the period of the total of fis18 cal years 2008 through 2018. 

19 SEC. 312. DEFICIT-NEUTRAL RESERVE FUND FOR IMMIGRA20 TION REFORM AND ENFORCEMENT. 

21 (a) IN GENERAL.—The Chairman of the Committee 

22 on the Budget of the Senate may revise the allocations 

23 of a committee or committees, aggregates, and other levels 

24 in this resolution for 1 or more bills, joint resolutions, 

25 amendments, motions, or conference reports, by the 
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1 amounts provided in such legislation for the purposes de2 scribed in paragraphs (1) through (7), that—

3 (1) provide for increased border security, en4 forcement of immigration laws, greater staffing, and 

5 immigration reform measures; 

6 (2) increase criminal and civil penalties against 

7 employers who hire undocumented immigrants; 

8 (3) prohibit employers who hire undocumented 

9 immigrants from receiving Federal contracts; 

10 (4) provide funding for the enforcement of the 

11 employer sanctions described in paragraphs (2) and 

12 (3) and other employer sanctions for hiring undocu13 mented immigrants; 

14 (5) deploy an appropriate number of National 

15 Guard troops to the southern or northern border of 

16 the United States provided that—

17 (A) the Secretary of Defense certifies that 

18 the deployment would not negatively impact the 

19 safety of American forces in Iraq and Afghani20 stan; and 

21 (B) the Governor of the National Guard’s 

22 home State certifies that the deployment would 

23 not have a negative impact on the safety and 

24 security of that State; 
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1 (6) evaluate the Federal, State, and local prison 

2 populations that are noncitizens in order to identify 

3 removable criminal aliens; or 

4 (7) implement the exit data portion of the US–

5 VISIT entry and exit data system at airports, sea6 ports, and land ports of entry. 

7 (b) LIMITATION.—The authority under subsection (a) 

8 may not be used unless the legislation described in sub9 section (a) would not increase the deficit over—

10 (1) the total period comprised of fiscal years 

11 2008 through 2013; or 

12 (2) the total period comprised of fiscal years 

13 2008 through 2018. 

14 SEC. 313. DEFICIT-NEUTRAL RESERVE FUND FOR BORDER 

15 SECURITY, IMMIGRATION ENFORCEMENT, 

16 AND CRIMINAL ALIEN REMOVAL PROGRAMS. 

17 (a) IN GENERAL.—The Chairman of the Committee 

18 on the Budget of the Senate may revise the allocations 

19 of 1 or more committees, aggregates, and other appro20 priate levels in this resolution by the amounts authorized 

21 to be appropriated for the programs described in para22 graphs (1) through (6) in 1 or more bills, joint resolutions, 

23 amendments, motions, or conference reports that funds 

24 border security, immigration enforcement, and criminal 

25 alien removal programs, including programs that—
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1 (1) expand the zero tolerance prosecution policy 

2 for illegal entry (commonly known as ‘‘Operation 

3 Streamline’’) to all 20 border sectors; 

4 (2) complete the 700 miles of pedestrian fenc5 ing required under section 102(b)(1) of the Illegal 

6 Immigration Reform and Immigrant Responsibility 

7 Act of 1996 (8 U.S.C. 1103 note); 

8 (3) deploy up to 6,000 National Guard mem9 bers to the southern border of the United States; 

10 (4) evaluate the 27 percent of the Federal, 

11 State, and local prison populations who are nonciti12 zens in order to identify removable criminal aliens; 

13 (5) train and reimburse State and local law en14 forcement officers under Memorandums of Under15 standing entered into under section 287(g) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1357(g)); or 

18 (6) implement the exit data portion of the US–

19 VISIT entry and exit data system at airports, sea20 ports, and land ports of entry. 

21 (b) LIMITATION.—The authority under subsection (a) 

22 may not be used unless the appropriations in the legisla23 tion described in subsection (a) would not increase the def24 icit over—
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1 (1) the 6-year period comprised of fiscal years 

2 2008 through 2013; or 

3 (2) the 11-year period comprised of fiscal years 

4 2008 through 2018. 

5 SEC. 314. DEFICIT-NEUTRAL RESERVE FUND FOR SCIENCE 

6 PARKS. 

7 The Chairman of the Senate Committee on the Budg8 et may revise the allocations of a committee or commit9 tees, aggregates, and other levels in this resolution for one 

10 or more bills, joint resolutions, amendments, motions, or 

11 conference reports that would provide grants and loan 

12 guarantees for the development and construction of 

13 science parks to promote the clustering of innovation 

14 through high technology activities, by the amounts pro15 vided in such legislation for such purpose, provided that 

16 such legislation would not increase the deficit over either 

17 the period of the total of fiscal years 2008 through 2013 

18 or the period of the total of fiscal years 2008 through 

19 2018. 
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1 SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR 3-YEAR 

2 EXTENSION OF PILOT PROGRAM FOR NA3 TIONAL AND STATE BACKGROUND CHECKS 

4 ON DIRECT PATIENT ACCESS EMPLOYEES OF 

5 LONG-TERM CARE FACILITIES OR PRO6 VIDERS. 

7 If the Senate Committee on Finance reports a bill 

8 or joint resolution or an amendment is offered thereto or 

9 a conference report is submitted thereon, that provides for 

10 a 3-year extension of the pilot program for national and 

11 State background checks on direct patient access employ12 ees of long-term care facilities or providers under section 

13 307 of the Medicare Prescription Drug, Improvement, and 

14 Modernization Act of 2003 (42 U.S.C. 1395aa note) and 

15 removes the limit on the number of participating States 

16 under such pilot program, the Chairman of the Senate 

17 Committee on the Budget may revise the aggregates, allo18 cations, and other appropriate levels in this resolution by 

19 the amounts provided in such legislation for those pur20 poses up to $160,000,000, provided that such legislation 

21 would not increase the deficit over either the period of the 

22 total of fiscal years 2008 through 2013 or the period of 

23 the total of fiscal years 2008 through 2018. 
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1 SEC. 316. DEFICIT-NEUTRAL RESERVE FUND FOR STUDY2 ING THE EFFECT OF COOPERATION WITH 

3 LOCAL LAW ENFORCEMENT. 

4 (a) IN GENERAL.—The Chairman of the Committee 

5 on the Budget of the Senate may revise the allocations 

6 of a committee or committees, aggregates, and other levels 

7 in this resolution for 1 or more bills, joint resolutions, 

8 amendments, motions, or conference reports, by the 

9 amounts provided in such legislation for the purposes de10 scribed in this subsection, that would require an assess11 ment of the impact of local ordinances that prohibit co12 operation with the Department of Homeland Security, 

13 with respect to—

14 (1) the effectiveness of law enforcement, success 

15 rates of criminal prosecutions, reporting of criminal 

16 activity by immigrant victims of crime, and level of 

17 public safety; 

18 (2) changes in the number of reported incidents 

19 or complaints of racial profiling; or 

20 (3) wrongful detention of United States Citi21 zens and Lawful Permanent Residents. 

22 (b) LIMITATION.—The authority under subsection (a) 

23 may not be used unless the legislation described in sub24 section (a) would not increase the deficit over—

25 (1) the total period comprised of fiscal years 

26 2008 through 2013; or 
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1 (2) the total period comprised of fiscal years 

2 2008 through 2018. 

3 SEC. 317. DEFICIT-NEUTRAL RESERVE FUND TO TERMI4 NATE DEDUCTIONS FROM MINERAL REV5 ENUE PAYMENTS TO STATES. 

6 (a) IN GENERAL.—Subject to subsection (b), the 

7 Chairman of the Senate Committee on the Budget may 

8 revise the allocations, aggregates, and other levels in this 

9 resolution by the amounts provided by a bill, joint resolu10 tion, amendment, motion, or conference report that would 

11 terminate the authority to deduct certain amounts from 

12 mineral revenues payable to States under the second un13 designated paragraph of the matter under the heading 

14 ‘‘ADMINISTRATIVE PROVISIONS’’ under the heading ‘‘MIN15 ERALS MANAGEMENT SERVICE’’ of title I of the Depart16 ment of the Interior, Environment, and Related Agencies 

17 Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 

18 2109). 

19 (b) DEFICIT NEUTRALITY.—Subsection (a) applies 

20 only if the legislation described in subsection (a) would 

21 not increase the deficit over the period of the total of fiscal 

22 years 2008 through 2013 or the period of the total of fis23 cal years 2008 through 2018. 
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1 SEC. 318. DEFICIT-NEUTRAL RESERVE FUND FOR THE ES2 TABLISHMENT OF STATE INTERNET SITES 

3 FOR THE DISCLOSURE OF INFORMATION RE4 LATING TO PAYMENTS MADE UNDER THE 

5 STATE MEDICAID PROGRAM. 

6 If the Senate Committee on Finance reports a bill 

7 or joint resolution or an amendment is offered thereto or 

8 a conference report is submitted thereon, that provides for 

9 States to disclose, through a publicly accessible Internet 

10 site, each hospital, nursing facility, outpatient surgery 

11 center, intermediate care facility for the mentally re12 tarded, institution for mental diseases, or other institu13 tional provider that receives payment under the State 

14 Medicaid program, the total amount paid to each such 

15 provider each fiscal year, the number of patients treated 

16 by each such provider, and the amount of dollars paid per 

17 patient to each such provider, and provided that the Com18 mittee is within its allocation as provided under section 

19 302(a) of the Congressional Budget Act of 1974, the 

20 Chairman of the Senate Committee on the Budget may 

21 make the appropriate adjustments in the allocations and 

22 aggregates to reflect such legislation if any such measure 

23 would not increase the deficit over either the total of the 

24 period of fiscal years 2008 through 2013 or the total of 

25 the period of fiscal years 2008 through 2018. 
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1 SEC. 319. DEFICIT-NEUTRAL RESERVE FUND FOR TRAU2 MATIC BRAIN INJURY. 

3 The Chairman of the Senate Committee on the Budg4 et may revise the allocations, aggregates, and other levels 

5 in this resolution for one or more bills, joint resolutions, 

6 amendments, motions, or conference reports that provide 

7 at least $9,000,000 for fiscal year 2009 to funds trau8 matic brain injury programs under sections 393A, 393B, 

9 1252, and 1253 of the Public Health Service Act, if such 

10 legislation would not increase the deficit over either the 

11 period of the total of fiscal years 2008 through 2013 or 

12 the period of the total of fiscal years 2008 through 2018. 

13 SEC. 320. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE 

14 ANIMAL HEALTH AND DISEASE PROGRAM. 

15 (a) IN GENERAL.—Subject to subsection (b), the 

16 Chairman of the Senate Committee on the Budget may 

17 revise the allocations, aggregates, and other levels in this 

18 resolution by the amounts provided by a bill, joint resolu19 tion, amendment, motion, or conference report that would 

20 ensure that the animal health and disease program estab21 lished under section 1433 of the National Agricultural Re22 search, Extension, and Teaching Policy Act of 1977 (7 

23 U.S.C. 3195) is fully funded. 

24 (b) DEFICIT NEUTRALITY.—Subsection (a) applies 

25 only if the legislation described in subsection (a) would 

26 not increase the deficit over the period of the total of fiscal 
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1 years 2008 through 2013 or the period of the total of fis2 cal years 2008 through 2018. 

3 SEC. 321. DEFICIT-NEUTRAL RESERVE FUND FOR IMPLE4 MENTATION OF YELLOW RIBBON RE5 INTEGRATION PROGRAM FOR MEMBERS OF 

6 THE NATIONAL GUARD AND RESERVE. 

7 The Chairman of the Senate Committee on the Budg8 et may revise the aggregates, allocations, and other appro9 priate levels in this resolution for one more bills, joint res10 olutions, amendments, motions, or conference reports that 

11 would provide for the implementation of the Yellow Ribbon 

12 Reintegration Program for members of the National 

13 Guard and Reserve under section 582 of the National De14 fense Authorization Act for Fiscal Year 2008 (Public Law 

15 110–181), by the amounts provided in such legislation for 

16 that purpose, provided that such legislation would not in17 crease the deficit over the total of the period of fiscal years 

18 2008 through 2013. 

19 SEC. 322. DEFICIT-NEUTRAL RESERVE FUND FOR REIM20 BURSING STATES FOR THE COSTS OF HOUS21 ING UNDOCUMENTED CRIMINAL ALIENS. 

22 The Chairman of the Committee on the Budget of 

23 the Senate may revise the aggregates, allocations, and 

24 other appropriate levels in this resolution for 1 or more 

25 bills, joint resolutions, amendments, motions, or con-
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1 ference reports that would reimburse States and units of 

2 local government for costs incurred to house undocu3 mented criminal aliens, by the amounts provided in such 

4 legislation for those purposes, provided that such legisla5 tion would not increase the deficit over either the period 

6 of the total of fiscal years 2008 through 2013 or the pe7 riod of the total of fiscal years 2008 through 2018. 

8 SEC. 323. DEFICIT-NEUTRAL RESERVE FUND FOR ACCEL9 ERATION OF PHASED-IN ELIGIBILITY FOR 

10 CONCURRENT RECEIPT OF BENEFITS. 

11 The Chairman of the Senate Committee on the Budg12 et may revise the allocations, aggregates, and other appro13 priate levels and limits in this resolution for a bill, joint 

14 resolution, amendment, motion, or conference report that 

15 provides for changing the date by which eligibility of mem16 bers of the Armed Forces for concurrent receipt of retired 

17 pay and veterans’ disability compensation under section 

18 1414 of title 10, United States Code, is fully phased in 

19 from December 31, 2013, to September 30, 2008, by the 

20 amounts provided in that legislation for those purposes, 

21 provided that such legislation would not increase the def22 icit over either the period of the total of fiscal years 2008 

23 through 2013 or the period of the total of fiscal years 

24 2008 through 2018. 
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1 SEC. 324. DEFICIT-NEUTRAL RESERVE FUND FOR IN2 CREASED USE OF RECOVERY AUDITS. 

3 The Chairman of the Senate Committee on the Budg4 et may revise the allocations of a committee or commit5 tees, aggregates, and other levels in this resolution for one 

6 or more bills, joint resolutions, amendments, motions, or 

7 conference reports that achieves savings by requiring that 

8 agencies increase their use of recovery audits authorized 

9 under subchapter VI of chapter 35 of title 31, United 

10 States Code, (commonly referred to as the Erroneous Pay11 ments Recovery Act of 2001) and uses such savings to 

12 reduce the deficit, by the amounts provided in such legisla13 tion for such purpose, provided that such legislation would 

14 not increase the deficit over either the period of the total 

15 of fiscal years 2008 through 2013 or the period of the 

16 total of fiscal years 2008 through 2018. 

17 SEC. 325. DEFICIT-NEUTRAL RESERVE FUND FOR FOOD 

18 SAFETY. 

19 The Chairman of the Senate Committee on the Budg20 et may revise the allocations of a committee or commit21 tees, aggregates, and other levels in this resolution for one 

22 or more bills, joint resolutions, amendments, motions, or 

23 conference reports that would expand the level of Food 

24 and Drug Administration and Department of Agriculture 

25 food safety inspection services, develop risk-based ap26 proaches to the inspection of domestic and imported food 
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1 products, provide for infrastructure and information tech2 nology systems to enhance the safety of the food supply, 

3 expand scientific capacity and training programs, invest 

4 in improved surveillance and testing technologies, provide 

5 for foodborne illness awareness and education programs, 

6 and enhance the Food and Drug Administration’s recall 

7 authority, by the amounts provided in such legislation for 

8 such purposes, provided that such legislation would not 

9 increase the deficit over either the period of the total of 

10 fiscal years 2008 through 2013 or the period of the total 

11 of fiscal years 2008 through 2018. 

12 SEC. 326. DEFICIT-NEUTRAL RESERVE FUND FOR DEM13 ONSTRATION PROJECT REGARDING MED14 ICAID COVERAGE OF LOW-INCOME HIV-IN15 FECTED INDIVIDUALS. 

16 The Chairman of the Senate Committee on the Budg17 et may revise the allocations of a committee or commit18 tees, aggregates, and other appropriate levels in this reso19 lution for one or more bills, joint resolutions, amendments, 

20 motions or conference reports that provide for a dem21 onstration project under which a State may apply under 

22 section 1115 of the Social Security Act (42 U.S.C. 1315) 

23 to provide medical assistance under a State Medicaid pro24 gram to HIV-infected individuals who are not eligible for 

25 medical assistance under such program under section 
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1 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 

2 1396a(a)(10)(A)(i)), by the amounts provided in that leg3 islation for those purposes, provided that such legislation 

4 would not increase the deficit over either the total of the 

5 period of fiscal years 2008 through 2013 or the total of 

6 the period of fiscal years 2008 through 2018. 

7 SEC. 327. DEFICIT-NEUTRAL RESERVE FUND FOR REDUC8 ING INCOME THRESHOLD FOR REFUNDABLE 

9 CHILD TAX CREDIT TO $10,000 WITH NO IN10 FLATION ADJUSTMENT. 

11 The Chairman of the Senate Committee on the Budg12 et may revise the allocations, aggregates, and other levels 

13 in this resolution by the amounts provided by a bill, joint 

14 resolution, amendment, motion, or conference report that 

15 would reduce the income threshold for the refundable child 

16 tax credit under section 24 of the Internal Revenue Code 

17 of 1986 to $10,000 for taxable years 2009 and 2010 with 

18 no inflation adjustment, provided that such legislation 

19 would not increase the deficit over either the period of the 

20 total of fiscal years 2008 through 2013 or the period of 

21 the total of fiscal years 2008 through 2018. 

22 SEC. 328. SENSE OF THE SENATE REGARDING THE DIVER23 SION OF FUNDS SET ASIDE FOR USPTO. 

24 It is the sense of the Senate that none of the funds 

25 recommended by this resolution, or appropriated or other-
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1 wise made available under any other Act, to the United 

2 States Patent and Trademark Office shall be diverted, re3 directed, transferred, or used for any other purpose than 

4 for which such funds were intended. 

5 SEC. 329. DEFICIT-NEUTRAL RESERVE FUND FOR EDU6 CATION REFORM. 

7 The Chairman of the Senate Committee on the Budg8 et may revise the aggregates, allocations, and other appro9 priate levels in this resolution for one or more bills, joint 

10 resolutions, amendments, motions, or conference reports 

11 that promote flexibility in existing Federal education pro12 grams, restore State and local authority in education, en13 sure that public schools are held accountable for results 

14 to parents and the public, and prevent discrimination 

15 against homeschoolers, by the amounts provided in such 

16 legislation for those purposes, provided that such legisla17 tion would not increase the deficit over either the period 

18 of the total of fiscal years 2008 through 2013 or the pe19 riod of the total of fiscal years 2008 through 2018. 

20 SEC. 330. DEFICIT-NEUTRAL RESERVE FUND FOR PROC21 ESSING NATURALIZATION APPLICATIONS. 

22 The Chairman of the Senate Committee on the Budg23 et may revise the allocations of a committee or commit24 tees, aggregates, and other levels in this resolution for one 

25 or more bills, joint resolutions, amendments, motions, or 
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1 conference reports that would provide for the adjudication 

2 of name check and security clearances by October 1, 2008 

3 by the Federal Bureau of Investigations for individuals 

4 who have submitted or submit applications for naturaliza5 tion before March 1, 2008 or provide for the adjudication 

6 of applications, including the interviewing and swearing7 in of applicants, by October 1, 2008 by the Department 

8 of Homeland Security/U.S. Citizenship and Immigration 

9 Services for individuals who apply or have applied for nat10 uralization before March 1, 2008, by the amounts pro11 vided in such legislation for such purpose, provided that 

12 such legislation would not increase the deficit over either 

13 the period of the total of fiscal years 2008 through 2013 

14 or the period of the total of fiscal years 2008 through 

15 2018. 

16 SEC. 331. DEFICIT-NEUTRAL RESERVE FUND FOR ACCESS 

17 TO QUALITY AND AFFORDABLE HEALTH IN18 SURANCE. 

19 The Chairman of the Senate Committee on the Budg20 et may revise the allocations, aggregates, and other levels 

21 in this resolution for one or more bills, joint resolutions, 

22 amendments, motions, or conference reports that—

23 (1) promotes choice and competition to drive 

24 down costs and improve access to health care for all 

25 Americans without increasing taxes; 
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1 (2) strengthens health care quality by pro2 moting wellness and empowering consumers with ac3 curate and comprehensive information on quality 

4 and cost; 

5 (3) protects Americans’ economic security from 

6 catastrophic events by expanding insurance options 

7 and improving health insurance portability; and 

8 (4) promotes the advanced research and devel9 opment of new treatments and cures to enhance 

10 health care quality;

11 if such legislation would not increase the deficit over either 

12 the period of the total of fiscal years 2008 through 2013 

13 or the period of the total of fiscal years 2008 through 

14 2018. 

15 SEC. 332. DEFICIT-NEUTRAL RESERVE FUND FOR A 9/11 

16 HEALTH PROGRAM. 

17 If the Chairman of the Senate Committee on Health, 

18 Education, Labor, and Pensions reports out legislation to 

19 establish a program, including medical monitoring and 

20 treatment, addressing the adverse health impacts linked 

21 to the September 11, 2001 attacks, and if the Committee 

22 on Health, Education, Labor, and Pensions makes a find23 ing that previously spent World Trade Center Health Pro24 gram funds were used to provide screening, monitoring 
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1 and treatment services, and directly related program sup2 port, the Chairman of the Senate Budget Committee may 

3 revise the aggregates, allocations, and other appropriate 

4 levels in this resolution, if such legislation would not in5 crease the deficit over either the period of the total of fis6 cal years 2008 through 2013 or the period of the total 

7 of fiscal years 2008 through 2018. 

8 SEC. 333. DEFICIT-NEUTRAL RESERVE FUND TO BAN MEDI9 CARE ADVANTAGE AND PRESCRIPTION DRUG 

10 PLAN SALES AND MARKETING ABUSES. 

11 The Chairman of the Senate Committee on the Budg12 et may revise the allocations of a committee or commit13 tees, aggregates, and other levels in this resolution for one 

14 or more bills, joint resolutions, amendments, motions, or 

15 conference reports that would limit inappropriate or abu16 sive marketing tactics by private insurers and their agents 

17 offering Medicare Advantage or Medicare prescription 

18 drug plans by enacting any or all of the recommendations 

19 agreed to by leaders of the health insurance industry on 

20 March 3, 2008, including prohibitions on cold calling and 

21 telephone solicitations for in-home sales appointments 

22 with Medicare beneficiaries, free meals and inducements 

23 at sales events, cross-selling of non-health products, and 

24 up-selling of Medicare insurance products without prior 

25 consent of beneficiaries, by the amounts provided in such 
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1 legislation for such purpose, provided that such legislation 

2 would not increase the deficit over either the period of the 

3 total of fiscal years 2008 through 2013 or the period of 

4 the total of fiscal years 2008 through 2018. 

5 SEC. 334. SENSE OF THE SENATE REGARDING EXTENDING 

6 THE ‘‘MOVING TO WORK AGREEMENT’’ BE7 TWEEN THE PHILADELPHIA HOUSING AU8 THORITY AND THE U.S. DEPARTMENT OF 

9 HOUSING AND URBAN DEVELOPMENT UNDER 

10 THE SAME TERMS AND CONDITIONS FOR A 

11 PERIOD OF ONE YEAR. 

12 (a) FINDINGS.—The Senate makes the following 

13 findings: 

14 (1) The current ‘‘Moving to Work Agreement’’ 

15 between the Philadelphia Housing Authority and the 

16 U.S. Department of Housing and Urban Develop17 ment is set to expire on March 31, 2008. 

18 (2) The Philadelphia Housing Authority has 

19 used this agreement to leverage private and public 

20 resources to develop mixed-income communities that 

21 address the needs of the very poor while reshaping 

22 entire communities, and estimates that it will lose 

23 $50,000,000 as a result of the agreement expiring. 

24 (3) The U.S. Department of Housing and 

25 Urban Development has refused to grant Philadel-
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1 phia Housing Authority a 1-year extension of its 

2 current agreement under the same terms and condi3 tions. 

4 (4) The U.S. Department of Housing and 

5 Urban Development alleges that Philadelphia Hous6 ing Authority is in violation of fair housing require7 ments. 

8 (5) The Philadelphia Housing Authority denies 

9 this assertion and is challenging the matter in Fed10 eral District Court. 

11 (6) That there is a suspicion of retaliation with 

12 regard to the U.S. Department of Housing and 

13 Urban Development’s refusal to grant a one-year ex14 tension of Philadelphia Housing Authorities current 

15 agreement under the same terms and conditions. 

16 (b) SENSE OF THE SENATE.—It is the sense of the 

17 Senate that it was discovered that two senior level officials 

18 at the U.S. Department of Housing and Urban Develop19 ment had the following email exchange, referring to Phila20 delphia Housing Authority Executive Director Carl R. 

21 Greene—

22 (1) Then-Assistant Secretary for Public and In23 dian Housing Orlando J. Cabrera wrote, ‘‘Would 

24 you like me to make his life less happy? If so, how?’’
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1 (2) Assistant Secretary for Fair Housing and 

2 Equal Opportunity Kim Kendrick wrote, ‘‘Take 

3 away all of his Federal dollars?’’

4 (3) Then-Assistant Secretary for Public and In5 dian Housing Orlando J. Cabrera wrote, ‘‘Let me 

6 look into that possibility.’’

7 (A) That these emails were the subject of 

8 questioning by Senator Casey to U.S. Depart9 ment of Housing and Urban Development Sec10 retary Alphonso Jackson at a March 12, 2008 

11 hearing before the Senate Committee on Bank12 ing, Housing and Urban Affairs; and by Sen13 ator Specter to Secretary Jackson at a March 

14 13, 2008 hearing before the Senate Appropria15 tions Subcommittee on Transportation, Hous16 ing and Urban Development and Related Agen17 cies. 

18 (B) That the Philadelphia Housing 

19 Authority’s allegation of retaliation appears to 

20 be substantiated by these newly discovered 

21 emails. 

22 (C) That the expiration of the current 

23 agreement is imminent and will negatively im24 pact 84,000 low-income residents of Philadel25 phia. 
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1 (4) It is the sense of the Senate that Philadel2 phia Housing Authority should be granted a one3 year extension of its ‘‘Moving to Work Agreement’’ 

4 with the U.S. Department of Housing and Urban 

5 Development under the same terms and conditions 

6 as the current agreement. 

7 SEC. 335. SENSE OF THE SENATE REGARDING A BALANCED 

8 BUDGET AMENDMENT TO THE CONSTITU9 TION OF THE UNITED STATES. 

10 (a) FINDINGS.—The Senate finds that—

11 (1) On January 26, 1996, the House of Rep12 resentatives passed H.J. Res. 1, the Balanced Budg13 et Amendment to the Constitution of the United 

14 States, by the necessary two-thirds majority (300–

15 132); 

16 (2) On June 6, 1996, the Senate fell three 

17 votes short of the two-thirds majority vote needed to 

18 pass the Balanced Budget Amendment; and 

19 (3) Since the House of Representatives and 

20 Senate last voted on the Balanced Budget Amend21 ment, the debt held by the public has grown from 

22 $3,700,000,000,000 to more than 

23 $5,000,000,000,000. 

24 (b) SENSE OF THE SENATE.—It is the sense of the 

25 Senate that a Balanced Budget Amendment to the Con-
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1 stitution of the United States should be voted on at ear2 liest opportunity. 

3 SEC. 336. SENSE OF THE SENATE REGARDING THE NEED 

4 FOR COMPREHENSIVE LEGISLATION TO LE5 GALIZE THE IMPORTATION OF PRESCRIP6 TION DRUGS FROM HIGHLY INDUSTRIALIZED 

7 COUNTRIES WITH SAFE PHARMACEUTICAL 

8 INFRASTRUCTURES. 

9 (a) FINDINGS.—The Senate makes the following 

10 findings: 

11 (1) The United States is the world’s largest 

12 market for pharmaceuticals, yet consumers still pay 

13 the world’s highest prices. 

14 (2) In 2000, Congress took action to legalize 

15 the importation of prescription drugs from other 

16 countries by United States wholesalers and phar17 macists, and before such a program can go into ef18 fect, the Secretary of Health and Human Services 

19 (HHS) must certify that the program would have no 

20 adverse impact on safety and that it would reduce 

21 costs for American consumers. 

22 (3) Since 2000, no Secretary of HHS has made 

23 the certification required to permit the implementa24 tion of a program for importation of prescription 

25 drugs. 
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1 (4) In July 2006, the Senate approved by a 

2 vote of 68–32 an amendment to the Department of 

3 Homeland Security Appropriations Act, 2007, that 

4 prohibits Customs and Border Protection from pre5 venting individuals not in the business of importing 

6 prescription drugs from carrying them across the 

7 border with Canada. 

8 (5) In July 2007, the Senate adopted language 

9 similar to the 2007 amendment in the Department 

10 of Homeland Security Appropriations Act, 2008. 

11 (6) In October 2007, the Senate adopted lan12 guage in the Departments of Labor, Health and 

13 Human Services, and Education, and Related Agen14 cies Appropriations Act, 2008, that prohibits anti-re15 importation activities within HHS. 

16 (b) SENSE OF THE SENATE.—It is the sense of the 

17 Senate that—

18 (1) the leadership of the Senate should bring to 

19 the floor for full debate in 2008 comprehensive legis20 lation that legalizes the importation of prescription 

21 drugs from highly industrialized countries with safe 

22 pharmaceutical infrastructures and creates a regu23 latory pathway to ensure that such drugs are safe; 

24 (2) such legislation should be given an up or 

25 down vote on the floor of the Senate; and 
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1 (3) previous Senate approval of 3 amendments 

2 in support of prescription drug importation shows 

3 the Senate’s strong support for passage of com4 prehensive importation legislation. 

Passed the Senate March 14 (legislative day, March 

13), 2008. 

Attest:

Secretary. 

110TH CONGRESS 

2D SESSION S. CON. RES. 70

CONCURRENT RESOLUTION

Setting forth the congressional budget for the 

for fiscal years 2008 and 2010 through 2013.and including the appropriate budgetary levels United States Government for fiscal year 2009