IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 109 

Establishing the congressional budget for the United States Government for 

fiscal year 2008 and setting forth appropriate budgetary levels for fiscal 

years 2009 through 2012. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. RYAN of Wisconsin submitted the following concurrent resolution; which 

was referred to the Committee on the Budget 

CONCURRENT RESOLUTION 

Establishing the congressional budget for the United States 

Government for fiscal year 2008 and setting forth appropriate budgetary levels for fiscal years 2009 through 

2012. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET 

4 FOR FISCAL YEAR 2008. 

5 (a) DECLARATION.—The Congress declares that the 

6 concurrent resolution on the budget for fiscal year 2008 

7 is hereby established and that the appropriate budgetary 

8 levels for fiscal years 2009 through 2012 are set forth. 


pwalker on PROD1PC71 with BILLS
2 

•HCON 109 IH 

1 (b) TABLE OF CONTENTS.— 

Sec. 1. Concurrent resolution on the budget for fiscal year 2008. 

TITLE I—RECOMMENDED LEVELS AND AMOUNTS 

Subtitle A—Recommended Levels and Amounts 

Sec. 101. Recommended levels and amounts. 

Subtitle B—Major Functional Categories 

Sec. 111. Principle Federal activities. 

Sec. 112. Domestic discretionary programs. 

Sec. 113. Major domestic entitlements. 

Sec. 114. Government and financial management. 

TITLE II—RECONCILIATION 

Sec. 201. Reconciliation in the House of Representatives. 

TITLE III—POLICY STATEMENTS 

Sec. 301. Policy of the United States Congress on taxation. 

Sec. 302. Policy of the United States Congress on entitlement spending. 

Sec. 303. Bonneville Power Marketing Administration. 

TITLE IV—GENERAL BUDGET ENFORCEMENT 

Sec. 401. Restrictions on advance appropriations. 

Sec. 402. Contingency operations related to the global war on terrorism and for 

unanticipated defense needs. 

Sec. 403. Application and effect of changes in allocations and aggregates. 

Sec. 404. Adjustments to reflect changes in concepts and definitions. 

Sec. 405. Compliance with section 13301 of the Budget Enforcement Act of 

1990. 

Sec. 406. Exercise of rulemaking powers. 

Sec. 407. Adjustments for tax legislation. 

Sec. 408. Repeal of the Gephardt rule. 

Sec. 409. Budget compliance statements. 

Sec. 410. Cost estimates for conference reports and unreported measures. 

Sec. 411. Roll call votes for new spending. 

Sec. 412. Budget process reform. 

Sec. 413. Treasury Department study and report. 

Sec. 414. Assistance by Federal agencies to standing committees of the Senate 

and the House of Representatives. 

Sec. 415. Budgetary treatment of the National Flood Insurance Program. 

TITLE V—EMERGENCY RESERVE FUND 

Sec. 501. Nondefense reserve fund for emergencies. 

Sec. 502. Emergency criteria. 

Sec. 503. Development of guidelines for application of emergency definition. 

Sec. 504. Committee notification of emergency legislation. 

Sec. 505. Up-to-date tabulations. 

TITLE VI—LEGISLATIVE LINE ITEM VETO AUTHORITY 


pwalker on PROD1PC71 with BILLS
3 

•HCON 109 IH 

Sec. 601. Presidential recommendations. 

Sec. 602. Procedures in United States Congress. 

Sec. 603. Identification of targeted tax benefits. 

Sec. 604. Additional matters. 

Sec. 605. Expiration. 

Sec. 606. Sense of Congress on deferral authority. 

Sec. 607. Sense of Congress on abuse of proposed cancellations. 

TITLE VII—EARMARK TRANSPARENCY 

Sec. 701. Prohibition on obligation of funds for earmarks included only in congressional reports. 

Sec. 702. Definitions. 

TITLE VIII—PAY-AS-YOU-GO 

Sec. 801. Pay-as-you-go point of order. 

TITLE IX—DISCRETIONARY SPENDING LIMITS 

Sec. 901. Discretionary spending limits in the House. 

TITLE X—SENSES OF CONGRESS 

Sec. 1001. Sense of the House regarding the importance of child support enforcement. 

Sec. 1002. Sense of the House on State veterans cemeteries. 

Sec. 1003. Sense of Congress on health insurance reform. 

Sec. 1004. Sense of the House on the Internal Revenue Code of 1986. 

1 TITLE I—RECOMMENDED 

2 LEVELS AND AMOUNTS 

3 Subtitle A—Recommended Levels 

4 and Amounts 

5 SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. 

6 The following budgetary levels are appropriate for 

7 each of fiscal years 2008 through 2012: 

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

9 enforcement of this resolution: 

10 (A) The recommended levels of Federal 

11 revenues are as follows: 

12 Fiscal year 2008: $2,002,088,000,000. 

13 Fiscal year 2009: $2,097,634,000,000. 


pwalker on PROD1PC71 with BILLS
4 

•HCON 109 IH 

1 Fiscal year 2010: $2,148,718,000,000. 

2 Fiscal year 2011: $2,244,002,000,000. 

3 Fiscal year 2012: $2,374,337,000,000. 

4 (B) The amounts by which the aggregate 

5 levels of Federal revenues should be decreased 

6 are as follows: 

7 Fiscal year 2008: $48,912,000,000. 

8 Fiscal year 2009: $9,366,000,000. 

9 Fiscal year 2010: $15,282,000,000. 

10 Fiscal year 2011: $150,998,000,000. 

11 Fiscal year 2012: $222,663,000,000. 

12 (2) NEW BUDGET AUTHORITY.—For purposes 

13 of the enforcement of this resolution, the appropriate 

14 levels of total new budget authority are as follows: 

15 Fiscal year 2008: $2,452,253,000,000. 

16 Fiscal year 2009: $2,432,323,000,000. 

17 Fiscal year 2010: $2,464,843,000,000. 

18 Fiscal year 2011: $2,575,993,000,000. 

19 Fiscal year 2012: $2,613,919,000,000. 

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

21 enforcement of this resolution, the appropriate levels 

22 of total budget outlays are as follows: 

23 Fiscal year 2008: $2,427,922,000,000. 

24 Fiscal year 2009: $2,484,251,000,000. 

25 Fiscal year 2010: $2,468,400,000,000. 


pwalker on PROD1PC71 with BILLS
5 

•HCON 109 IH 

1 Fiscal year 2011: $2,529,608,000,000. 

2 Fiscal year 2012: $2,530,737,000,000. 

3 (4) DEFICITS (ON-BUDGET).—For purposes of 

4 the enforcement of this resolution, the amounts of 

5 the deficits (on-budget) are as follows: 

6 Fiscal year 2008: $425,834,000,000. 

7 Fiscal year 2009: $386,617,000,000. 

8 Fiscal year 2010: $319,682,000,000. 

9 Fiscal year 2011: $285,609,000,000. 

10 Fiscal year 2012: $156,400,000,000. 

11 (5) DEBT SUBJECT TO LIMIT.—Pursuant to 

12 section 301(a)(5) of the Congressional Budget Act 

13 of 1974, the appropriate levels of the public debt are 

14 as follows: 

15 Fiscal year 2008: $9,476,349,000,000. 

16 Fiscal year 2009: $9,979,952,000,000. 

17 Fiscal year 2010: $10,418,522,000,000. 

18 Fiscal year 2011: $10,820,002,000,000. 

19 Fiscal year 2012: $11,105,786,000,000. 

20 (6) DEBT HELD BY THE PUBLIC.—The appro21 priate levels of debt held by the public are as follows: 

22 Fiscal year 2008: $5,284,759,000,000. 

23 Fiscal year 2009: $5,467,610,000,000. 

24 Fiscal year 2010: $5,570,986,000,000. 

25 Fiscal year 2011: $5,624,371,000,000. 


pwalker on PROD1PC71 with BILLS
6 

•HCON 109 IH 

1 Fiscal year 2012: $5,537,610,000,000. 

2 Subtitle B—Major Functional 

3 Categories 

4 SEC. 111. PRINCIPLE FEDERAL ACTIVITIES. 

5 The Congress determines and declares that the ap6 propriate levels of new discretionary and mandatory budg7 et authority and outlays for the Federal Government’s 

8 principle Federal activities for fiscal years 2008 through 

9 2012 are as follows: 

10 (1) National Defense (050): 

11 Fiscal year 2008: 

12 (A) New budget authority, 

13 $648,770,000,000. 

14 (B) Outlays, $617,792,000,000. 

15 Fiscal year 2009: 

16 (A) New budget authority, 

17 $584,705,000,000. 

18 (B) Outlays, $626,892,000,000. 

19 Fiscal year 2010: 

20 (A) New budget authority, 

21 $550,790,000,000. 

22 (B) Outlays, $561,384,000,000. 

23 Fiscal year 2011: 

24 (A) New budget authority, 

25 $564,117,000,000. 


pwalker on PROD1PC71 with BILLS
7 

•HCON 109 IH 

1 (B) Outlays, $536,057,000,000. 

2 Fiscal year 2012: 

3 (A) New budget authority, 

4 $579,375,000,000. 

5 (B) Outlays, $525,407,000,000. 

6 (2) International Affairs (150): 

7 Fiscal year 2008: 

8 (A) New budget authority, 

9 $31,989,000,000. 

10 (B) Outlays, $31,637,000,000. 

11 Fiscal year 2009: 

12 (A) New budget authority, 

13 $32,387,000,000. 

14 (B) Outlays, $30,263,000,000. 

15 Fiscal year 2010: 

16 (A) New budget authority, 

17 $32,199,000,000. 

18 (B) Outlays, $29,873,000,000. 

19 Fiscal year 2011: 

20 (A) New budget authority, 

21 $32,268,000,000. 

22 (B) Outlays, $29,679,000,000. 

23 Fiscal year 2012: 

24 (A) New budget authority, 

25 $32,336,000,000. 


pwalker on PROD1PC71 with BILLS
8 

•HCON 109 IH 

1 (B) Outlays, $29,774,000,000. 

2 (3) Veterans Benefits and Services (700): 

3 Fiscal year 2008: 

4 (A) New budget authority, 

5 $84,493,000,000. 

6 (B) Outlays, $84,512,000,000. 

7 Fiscal year 2009: 

8 (A) New budget authority, 

9 $89,019,000,000. 

10 (B) Outlays, $89,033,000,000. 

11 Fiscal year 2010: 

12 (A) New budget authority, 

13 $92,397,000,000. 

14 (B) Outlays, $90,798,000,000. 

15 Fiscal year 2011: 

16 (A) New budget authority, 

17 $98,286,000,000. 

18 (B) Outlays, $96,779,000,000. 

19 Fiscal year 2012: 

20 (A) New budget authority, 

21 $96,528,000,000. 

22 (B) Outlays, $94,838,000,000. 

23 (4) Administration of Justice (750): 

24 Fiscal year 2008: 


pwalker on PROD1PC71 with BILLS
9 

•HCON 109 IH 

1 (A) New budget authority, 

2 $45,765,000,000. 

3 (B) Outlays, $46,432,000,000. 

4 Fiscal year 2009: 

5 (A) New budget authority, 

6 $45,471,000,000. 

7 (B) Outlays, $46,631,000,000. 

8 Fiscal year 2010: 

9 (A) New budget authority, 

10 $45,742,000,000. 

11 (B) Outlays, $46,466,000,000. 

12 Fiscal year 2011: 

13 (A) New budget authority, 

14 $45,995,000,000. 

15 (B) Outlays, $46,323,000,000. 

16 Fiscal year 2012: 

17 (A) New budget authority, 

18 $46,198,000,000. 

19 (B) Outlays, $46,166,000,000. 

20 SEC. 112. DOMESTIC DISCRETIONARY PROGRAMS. 

21 (a) DECLARATION.—The Congress determines and 

22 declares that the following levels are the appropriate totals 

23 of new discretionary budget authority and outlays for fed24 erally supported domestic priorities for fiscal years 2008 

25 through 2012: 


pwalker on PROD1PC71 with BILLS
10 

•HCON 109 IH 

1 (1) NEW BUDGET AUTHORITY.—For purposes 

2 of this resolution, the appropriate levels of new dis3 cretionary budget authority for federally supported 

4 domestic priorities are as follows: 

5 Fiscal year 2008: $292,800,000,000. 

6 Fiscal year 2009: $295,564,000,000. 

7 Fiscal year 2010: $293,278,000,000. 

8 Fiscal year 2011: $293,002,000,000. 

9 Fiscal year 2012: $293,302,000,000. 

10 (2) OUTLAYS.—For purposes of this resolution, 

11 the appropriate levels of outlays for federally sup12 ported domestic priorities are as follows: 

13 Fiscal year 2008: $369,548,000,000. 

14 Fiscal year 2009: $363,600,000,000. 

15 Fiscal year 2010: $358,033,000,000. 

16 Fiscal year 2011: $351,707,000,000. 

17 Fiscal year 2012: $347,325,000,000. 

18 (b) SUBDIVISIONS.—These aggregate amounts are to 

19 be subdivided by the Committee on Appropriations. 

20 SEC. 113. MAJOR DOMESTIC ENTITLEMENTS. 

21 The Congress determines and declares that the fol22 lowing levels are the appropriate totals of new mandatory 

23 budget authority and outlays for the Federal Govern24 ment’s principle entitlement programs for fiscal years 

25 2008 through 2012: 


pwalker on PROD1PC71 with BILLS
11 

•HCON 109 IH 

1 (1) Medicare (570 mandatory): 

2 Fiscal year 2008: 

3 (A) New budget authority, 

4 $374,888,000,000. 

5 (B) Outlays, $374,964,000,000. 

6 Fiscal year 2009: 

7 (A) New budget authority, 

8 $394,116,000,000. 

9 (B) Outlays, $393,804,000,000. 

10 Fiscal year 2010: 

11 (A) New budget authority, 

12 $409,473,000,000. 

13 (B) Outlays, $409,730,000,000. 

14 Fiscal year 2011: 

15 (A) New budget authority, 

16 $445,312,000,000. 

17 (B) Outlays, $445,359,000,000. 

18 Fiscal year 2012: 

19 (A) New budget authority, 

20 $431,401,000,000. 

21 (B) Outlays, $431,057,000,000. 

22 (2) Medicaid (550 mandatory): 

23 Fiscal year 2008: 

24 (A) New budget authority, 

25 $223,389,000,000. 


pwalker on PROD1PC71 with BILLS
12 

•HCON 109 IH 

1 (B) Outlays, $223,837,000,000. 

2 Fiscal year 2009: 

3 (A) New budget authority, 

4 $235,128,000,000. 

5 (B) Outlays, $236,849,000,000. 

6 Fiscal year 2010: 

7 (A) New budget authority, 

8 $249,592,000,000. 

9 (B) Outlays, $249,840,000,000. 

10 Fiscal year 2011: 

11 (A) New budget authority, 

12 $264,095,000,000. 

13 (B) Outlays, $265,040,000,000. 

14 Fiscal year 2012: 

15 (A) New budget authority, 

16 $279,920,000,000. 

17 (B) Outlays, $281,389,000,000. 

18 (3) Income Security (600 mandatory): 

19 Fiscal year 2008: 

20 (A) New budget authority, 

21 $327,076,000,000. 

22 (B) Outlays, $325,432,000,000. 

23 Fiscal year 2009: 

24 (A) New budget authority, 

25 $333,545,000,000. 


pwalker on PROD1PC71 with BILLS
13 

•HCON 109 IH 

1 (B) Outlays, $329,632,000,000. 

2 Fiscal year 2010: 

3 (A) New budget authority, 

4 $341,943,000,000. 

5 (B) Outlays, $338,354,000,000. 

6 Fiscal year 2011: 

7 (A) New budget authority, 

8 $355,686,000,000. 

9 (B) Outlays, $352,150,000,000. 

10 Fiscal year 2012: 

11 (A) New budget authority, 

12 $354,709,000,000. 

13 (B) Outlays, $351,228,000,000. 

14 (4) Agriculture (350 mandatory): 

15 Fiscal year 2008: 

16 (A) New budget authority, 

17 $14,563,000,000. 

18 (B) Outlays, $13,624,000,000. 

19 Fiscal year 2009: 

20 (A) New budget authority, 

21 $14,416,000,000. 

22 (B) Outlays, $13,652,000,000. 

23 Fiscal year 2010: 

24 (A) New budget authority, 

25 $14,221,000,000. 


pwalker on PROD1PC71 with BILLS
14 

•HCON 109 IH 

1 (B) Outlays, $13,390,000,000. 

2 Fiscal year 2011: 

3 (A) New budget authority, 

4 $13,735,000,000. 

5 (B) Outlays, $13,147,000,000. 

6 Fiscal year 2012: 

7 (A) New budget authority, 

8 $13,332,000,000. 

9 (B) Outlays, $12,916,000,000. 

10 (5) Student Loans (500 mandatory): 

11 Fiscal year 2008: 

12 (A) New budget authority, 

13 $8,008,000,000. 

14 (B) Outlays, $5,251,000,000. 

15 Fiscal year 2009: 

16 (A) New budget authority, 

17 $10,664,000,000. 

18 (B) Outlays, $9,120,000,000. 

19 Fiscal year 2010: 

20 (A) New budget authority, 

21 $11,592,000,000. 

22 (B) Outlays, $9,761,000,000. 

23 Fiscal year 2011: 

24 (A) New budget authority, 

25 $10,526,000,000. 


pwalker on PROD1PC71 with BILLS
15 

•HCON 109 IH 

1 (B) Outlays, $9,897,000,000. 

2 Fiscal year 2012: 

3 (A) New budget authority, 

4 $10,186,000,000. 

5 (B) Outlays, $8,590,000,000. 

6 (6) All Other Domestic Entitlements (multiple 

7 functions): 

8 Fiscal year 2008: 

9 (A) New budget authority, 

10 $61,736,000,000. 

11 (B) Outlays, –$3,339,000,000. 

12 Fiscal year 2009: 

13 (A) New budget authority, 

14 $52,175,000,000. 

15 (B) Outlays, –$4,671,000,000. 

16 Fiscal year 2010: 

17 (A) New budget authority, 

18 $51,657,000,000. 

19 (B) Outlays, –$4,917,000,000. 

20 Fiscal year 2011: 

21 (A) New budget authority, 

22 $51,215,000,000. 

23 (B) Outlays, –$5,257,000,000. 

24 Fiscal year 2012: 


pwalker on PROD1PC71 with BILLS
16 

•HCON 109 IH 

1 (A) New budget authority, 

2 $51,223,000,000. 

3 (B) Outlays, –$4,504,000,000. 

4 SEC. 114. GOVERNMENT AND FINANCIAL MANAGEMENT. 

5 The Congress determines and declares that the fol6 lowing levels are the appropriate totals of new and discre7 tionary mandatory budget authority and outlays for the 

8 Federal Government’s operations and financial manage9 ment activities for fiscal years 2008 through 2012: 

10 (1) General Government (800): 

11 Fiscal year 2008: 

12 (A) New budget authority, 

13 $17,873,000,000. 

14 (B) Outlays, $18,353,000,000. 

15 Fiscal year 2009: 

16 (A) New budget authority, 

17 $17,844,000,000. 

18 (B) Outlays, $18,013,000,000. 

19 Fiscal year 2010: 

20 (A) New budget authority, 

21 $20,270,000,000. 

22 (B) Outlays, $20,262,000,000. 

23 Fiscal year 2011: 

24 (A) New budget authority, 

25 $17,801,000,000. 


pwalker on PROD1PC71 with BILLS
17 

•HCON 109 IH 

1 (B) Outlays, $17,649,000,000. 

2 Fiscal year 2012: 

3 (A) New budget authority, 

4 $18,264,000,000. 

5 (B) Outlays, $18,230,000,000. 

6 (2) Net Interest (900): 

7 Fiscal year 2008: 

8 (A) New budget authority, 

9 $370,521,000,000. 

10 (B) Outlays, $370,421,000,000. 

11 Fiscal year 2009: 

12 (A) New budget authority, 

13 $388,836,000,000. 

14 (B) Outlays, $387,436,000,000. 

15 Fiscal year 2010: 

16 (A) New budget authority, 

17 $410,258,000,000. 

18 (B) Outlays, $405,258,000,000. 

19 Fiscal year 2011: 

20 (A) New budget authority, 

21 $431,411,000,000. 

22 (B) Outlays, $421,411,000,000. 

23 Fiscal year 2012: 

24 (A) New budget authority, 

25 $450,561,000,000. 


pwalker on PROD1PC71 with BILLS
18 

•HCON 109 IH 

1 (B) Outlays, $434,561,000,000. 

2 (3) Allowances (920): 

3 Fiscal year 2008: 

4 (A) New budget authority, 

5 $6,439,000,000. 

6 (B) Outlays, $5,544,000,000. 

7 Fiscal year 2009: 

8 (A) New budget authority, 

9 –$11,795,000,000. 

10 (B) Outlays, –$6,242,000,000. 

11 Fiscal year 2010: 

12 (A) New budget authority, 

13 –$5,709,000,000. 

14 (B) Outlays, –$6,972,000,000. 

15 Fiscal year 2011: 

16 (A) New budget authority, 

17 –$150,000,000. 

18 (B) Outlays, –$3,007,000,000. 

19 Fiscal year 2012: 

20 (A) New budget authority, 

21 $4,167,000,000. 

22 (B) Outlays, $1,286,000,000. 

23 (4) Offsetting Receipts (950): 

24 Fiscal year 2008: 


pwalker on PROD1PC71 with BILLS
19 

•HCON 109 IH 

1 (A) New budget authority, 

2 –$71,009,000,000. 

3 (B) Outlays, –$71,009,000,000. 

4 Fiscal year 2009: 

5 (A) New budget authority, 

6 –$66,578,000,000. 

7 (B) Outlays, –$66,587,000,000. 

8 Fiscal year 2010: 

9 (A) New budget authority, 

10 –$71,869,000,000. 

11 (B) Outlays, –$71,869,000,000. 

12 Fiscal year 2011: 

13 (A) New budget authority, 

14 –$69,623,000,000. 

15 (B) Outlays, –$69,643,000,000. 

16 Fiscal year 2012: 

17 (A) New budget authority, 

18 –$72,789,000,000. 

19 (B) Outlays, –$72,792,000,000. 

20 TITLE II—RECONCILIATION 

21 SEC. 201. RECONCILIATION IN THE HOUSE OF REPRESENT22 ATIVES. 

23 (a) SUBMISSION TO PROVIDE FOR THE REFORM OF

24 MANDATORY SPENDING.—(1) Not later than June 8, 

25 2007, the House committees named in paragraph (2) shall 


pwalker on PROD1PC71 with BILLS
20 

•HCON 109 IH 

1 submit their recommendations to the House Committee on 

2 the Budget. After receiving those recommendations, the 

3 House Committee on the Budget shall report to the House 

4 a reconciliation bill carrying out all such recommendations 

5 without substantive revision. 

6 (2) INSTRUCTIONS.— 

7 (A) COMMITTEE ON AGRICULTURE.—The 

8 House Committee on Agriculture shall report 

9 changes in laws within its jurisdiction sufficient to 

10 reduce direct spending by $452,000,000 for fiscal 

11 year 2008, $3,277,000,000 for fiscal year 2012, and 

12 $9,849,000,000 for the period of fiscal years 2008 

13 through 2012. 

14 (B) COMMITTEE ON ARMED SERVICES.—The 

15 House Committee on Armed Services shall report 

16 changes in laws within its jurisdiction sufficient to 

17 reduce direct spending by $50,000,000 for fiscal 

18 year 2008, $100,000,000 for fiscal year 2012, and 

19 $410,000,000 for the period of fiscal years 2008 

20 through 2012. 

21 (C) COMMITTEE ON EDUCATION AND LABOR.— 

22 The House Committee on Education and Labor shall 

23 report changes in laws within its jurisdiction suffi24 cient to reduce direct spending by $3,456,000,000 

25 for fiscal year 2008, $400,000,000 for fiscal year 


pwalker on PROD1PC71 with BILLS
21 

•HCON 109 IH 

1 2012, and $4,906,000,000 for the period of fiscal 

2 years 2008 through 2012. 

3 (D) COMMITTEE ON ENERGY AND COM4 MERCE.—The House Committee on Energy and 

5 Commerce shall report changes in laws within its ju6 risdiction sufficient to reduce direct spending by 

7 $8,344,000,000 or fiscal year 2008, 

8 $30,602,000,000 for fiscal year 2012, and 

9 $97,359,000,000 for the period of fiscal years 2008 

10 through 2012. 

11 (E) COMMITTEE ON FINANCIAL SERVICES.— 

12 The House Committee on Financial Services shall 

13 report changes in laws within its jurisdiction suffi14 cient to reduce direct spending by $0 for fiscal year 

15 2008, $140,000,000 for fiscal year 2012, and 

16 $400,000,000 for the period of fiscal years 2008 

17 through 2012. 

18 (F) COMMITTEE ON FOREIGN AFFAIRS.—The 

19 House Committee on Foreign Affairs shall report 

20 changes in laws within its jurisdiction sufficient to 

21 reduce direct spending by $20,000,000 for fiscal 

22 year 2008, $90,000,000 for fiscal year 2012, and 

23 $250,000,000 for the period of fiscal years 2008 

24 through 2012. 


pwalker on PROD1PC71 with BILLS
22 

•HCON 109 IH 

1 (G) COMMITTEE ON THE JUDICIARY.—The 

2 House Committee on the Judiciary shall report 

3 changes in laws within its jurisdiction sufficient to 

4 reduce direct spending by $265,000,000 for fiscal 

5 year 2008, $1,010,000,000 for fiscal year 2012, and 

6 $3,515,000,000 for the period of fiscal years 2008 

7 through 2012. 

8 (H) COMMITTEE ON NATURAL RESOURCES.— 

9 The House Committee on Natural Resources shall 

10 report changes in laws within its jurisdiction suffi11 cient to reduce direct spending by $1,507,000,000 

12 for fiscal year 2008, $535,000,000 for fiscal year 

13 2012, and $4,647,000,000 for the period of fiscal 

14 years 2008 through 2012. 

15 (I) COMMITTEE ON TRANSPORTATION AND IN16 FRASTRUCTURE.—The House Committee on Trans17 portation and Infrastructure shall report changes in 

18 laws within its jurisdiction sufficient to reduce direct 

19 spending by $460,000,000 for fiscal year 2008, 

20 $1,063,000,000 for fiscal year 2012, and 

21 $4,272,000,000 for the period of fiscal years 2008 

22 through 2012. 

23 (J) COMMITTEE ON WAYS AND MEANS.—The 

24 House Committee on Ways and Means shall report 

25 changes in laws within its jurisdiction sufficient to 


pwalker on PROD1PC71 with BILLS
23 

•HCON 109 IH 

1 reduce direct spending by $10,109,000,000 for fiscal 

2 year 2008, $41,543,000,000 for fiscal year 2012, 

3 and $153,122,000,000 for the period of fiscal years 

4 2008 through 2012, sufficient to reduce revenues by 

5 not more than $48,912,000,000 for fiscal year 2008 

6 and by not more than $447,221,000,000 for the pe7 riod of fiscal years 2008 through 2012. 

8 (b) SUBMISSION OF REVISED ALLOCATIONS.—(1) 

9 Upon the submission to the Committee on the Budget of 

10 the House of a recommendation that has complied with 

11 its reconciliation instructions solely by virtue of section 

12 310(c) of the Congressional Budget Act of 1974, the 

13 chairman of that committee may file with the House ap14 propriately revised allocations under section 302(a) of 

15 such Act and revised functional levels and aggregates. 

16 (2) Upon the submission to the House of a conference 

17 report recommending a reconciliation bill or resolution in 

18 which a committee has complied with its reconciliation in19 structions solely by virtue of this section, the chairman 

20 of the Committee on the Budget of the House may file 

21 with the House appropriately revised allocations under 

22 section 302(a) of such Act and revised functional levels 

23 and aggregates. 

24 (3) Allocations and aggregates revised pursuant to 

25 this subsection shall be considered to be allocations and 


pwalker on PROD1PC71 with BILLS
24 

•HCON 109 IH 

1 aggregates established by the concurrent resolution on the 

2 budget pursuant to section 301 of such Act. 

3 TITLE III—POLICY STATEMENTS 

4 SEC. 301. POLICY OF THE UNITED STATES CONGRESS ON 

5 TAXATION. 

6 The United States Congress reaffirms the statement 

7 of principle that the Federal Government should not raise 

8 taxes on American families or reverse the policies that 

9 have led to strong growth in the United States economy, 

10 and instead should move towards balancing the budget by 

11 reigning in the Federal Government’s spending; it is fur12 ther the policy assumption underlying this resolution that 

13 the tax relief enacted in 2001 and 2003 should be contin14 ued. 

15 SEC. 302. POLICY OF THE UNITED STATES CONGRESS ON 

16 ENTITLEMENT SPENDING. 

17 (a) FINDINGS.— 

18 (1) Entitlement growth is unsustainable. Enti19 tlements are currently growing at 6 percent per year 

20 significantly faster than our entire economy, and 

21 more than twice the rate of inflation. 

22 (2) Entitlements currently consume more than 

23 half of the entire Federal budget. If simply left on 

24 ‘‘auto-pilot’’ (assuming no new entitlement spending 

25 or benefits): 


pwalker on PROD1PC71 with BILLS
25 

•HCON 109 IH 

1 (A) By 2040 social security, medicare, and 

2 medicaid alone will consume 20 percent of our 

3 economy. 

4 (B) By 2040 Americans will have to pay 

5 twice the current rate of taxes. 

6 (3) Entitlements must be reformed to survive 

7 with the retirement of the baby boomers, the situa8 tion will only get worse, making the necessary re9 forms more sudden and severe. 

10 (4) Entitlements aren’t all that’s at risk. If left 

11 unreformed, these programs will also impose a 

12 crushing burden on both the budget and the econ13 omy. Our now strong economy, which has created 

14 millions of jobs and been the key factor in reducing 

15 the deficit. Entitlements will eventually crowd out all 

16 other priorities such as education, veterans, science, 

17 agriculture, environment, even defense and homeland 

18 security. 

19 (5) The rising costs of government entitlements 

20 are a ‘‘fiscal cancer’’ that threaten ‘‘catastrophic 

21 consequences for our country’’ and could ‘‘bankrupt 

22 America’’ said America’s chief accountant, U.S. 

23 Comptroller General David Walker. 

24 (6) Without ‘‘early and meaningful action’’ to 

25 address the rapid growth of entitlements, ‘‘the U.S. 


pwalker on PROD1PC71 with BILLS
26 

•HCON 109 IH 

1 economy could be seriously weakened, with future 

2 generations bearing much of the cost’’ warned Fed 

3 Chairman Ben Bernanke. 

4 (7) Spending is the problem. Massive Tax 

5 Hikes are Not the Solution. Even if taxes are raised 

6 to balance the budget in the short term, entitlements 

7 would quickly drive the Federal Government back 

8 into deficit. 

9 (8) The U.S. Comptroller General testified that 

10 the United States Government ‘‘cannot grow [its] 

11 way out of this problem; eliminating earmarks will 

12 not solve the problem; wiping out fraud, waste, and 

13 abuse will not solve the problem; ending the war or 

14 cutting way back on defense will not solve the prob15 lem’’. 

16 (9) The budget must drive entitlement reform. 

17 Entitlement programs are well-intended, and provide 

18 a critical safety net for millions of Americans, but 

19 their costs are out of control, and growing worse 

20 every year typically without regular reform or con21 gressional oversight. Congress must use the budget 

22 process to promote reforms that will make these pro23 grams better, more efficient, and more sustainable 

24 for the long term. 


pwalker on PROD1PC71 with BILLS
27 

•HCON 109 IH 

1 (b) POLICY ON ENTITLEMENTS.—It is the policy of 

2 this resolution that Congress must immediately address 

3 the out-of-control growth of entitlement spending that 

4 may do substantial harm to the United States economy 

5 and hurt the standard of living of future generations. Fur6 thermore, Congress must also commit itself to consider 

7 during this fiscal year fundamental reform packages to se8 cure the long-term solvency of medicare, medicaid and so9 cial security. 

10 SEC. 303. BONNEVILLE POWER MARKETING ADMINISTRA11 TION. 

12 It is the policy of this resolution that it does not spe13 cifically assume any savings from the President’s proposal 

14 related to the Bonneville Power Marketing Administra15 tions and the Energy and Commerce Committee will deter16 mine its own policies subject to the applicable numerical 

17 allocation limits and reconciliation directives. 

18 TITLE IV—GENERAL BUDGET 

19 ENFORCEMENT 

20 SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS. 

21 (a) IN GENERAL.—(1) In the House, except as pro22 vided in subsection (b), an advance appropriation may not 

23 be reported in a bill or joint resolution making a general 

24 appropriation or continuing appropriation, and may not 

25 be in order as an amendment thereto. 


pwalker on PROD1PC71 with BILLS
28 

•HCON 109 IH 

1 (2) Managers on the part of the House may not agree 

2 to a Senate amendment that would violate paragraph (1) 

3 unless specific authority to agree to the amendment first 

4 is given by the House by a separate vote with respect 

5 thereto. 

6 (b) ADVANCE APPROPRIATION.—In the House, an 

7 advance appropriation may be provided for the fiscal years 

8 2009 and 2010 for programs, projects, activities, or ac9 counts identified in the joint explanatory statement of 

10 managers accompanying this resolution under the heading 

11 ‘‘Accounts Identified for Advance Appropriations’’ in an 

12 aggregate amount not to exceed $23,565,000,000 in new 

13 budget authority in each year. 

14 (c) DEFINITION.—In this section, the term ‘‘advance 

15 appropriation’’ means any new budget authority provided 

16 in a bill or joint resolution making general appropriations 

17 or any new budget authority provided in a bill or joint 

18 resolution making continuing appropriations for fiscal 

19 year 2008 that first becomes available for any fiscal year 

20 after 2008. 

21 SEC. 402. CONTINGENCY OPERATIONS RELATED TO THE 

22 GLOBAL WAR ON TERRORISM AND FOR UN23 ANTICIPATED DEFENSE NEEDS. 

24 (a) EXEMPTION OF CONTINGENCY OPERATIONS RE25 LATED TO THE GLOBAL WAR ON TERRORISM AND FOR


pwalker on PROD1PC71 with BILLS
29 

•HCON 109 IH 

1 UNANTICIPATED DEFENSE NEEDS.—In the House, if any 

2 bill or joint resolution is reported, or an amendment is 

3 offered thereto or a conference report is filed thereon, that 

4 makes appropriations for fiscal year 2008 for contingency 

5 operations directly related to the global war on terrorism, 

6 and other unanticipated defense-related operations, then 

7 the new budget authority, new entitlement authority, out8 lays, or receipts resulting therefrom shall not count for 

9 purposes of titles III or IV of the Congressional Budget 

10 Act of 1974. 

11 (b) CURRENT LEVEL.—Amounts included in this res12 olution for the purpose set forth in this section shall be 

13 considered to be current law for purposes of the prepara14 tion of the current level of budget authority and outlays 

15 and the appropriate levels shall be adjusted upon the en16 actment of such bill. 

17 SEC. 403. APPLICATION AND EFFECT OF CHANGES IN ALLO18 CATIONS AND AGGREGATES. 

19 (a) APPLICATION.—Any adjustments of allocations 

20 and aggregates made pursuant to this resolution shall— 

21 (1) apply while that measure is under consider22 ation; 

23 (2) take effect upon the enactment of that 

24 measure; and 


pwalker on PROD1PC71 with BILLS
30 

•HCON 109 IH 

1 (3) be published in the Congressional Record as 

2 soon as practicable. 

3 (b) EFFECT OF CHANGED ALLOCATIONS AND AG4 GREGATES.—Revised allocations and aggregates resulting 

5 from these adjustments shall be considered for the pur6 poses of the Congressional Budget Act of 1974 as alloca7 tions and aggregates contained in this resolution. 

8 (c) BUDGET COMMITTEE DETERMINATIONS.—For 

9 purposes of this resolution— 

10 (1) the levels of new budget authority, outlays, 

11 direct spending, new entitlement authority, revenues, 

12 deficits, and surpluses for a fiscal year or period of 

13 fiscal years shall be determined on the basis of esti14 mates made by the appropriate Committee on the 

15 Budget; and 

16 (2) such chairman may make any other nec17 essary adjustments to such levels to reflect the tim18 ing of responses to reconciliation directives pursuant 

19 to section 201 of this resolution. 

20 SEC. 404. ADJUSTMENTS TO REFLECT CHANGES IN CON21 CEPTS AND DEFINITIONS. 

22 Upon the enactment of a bill or joint resolution pro23 viding for a change in concepts or definitions, the appro24 priate chairman of the Committee on the Budget shall 

25 make adjustments to the levels and allocations in this resVerDate Aug 31 2005 22:01 Apr 13, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\HC109.IH HC109

pwalker on PROD1PC71 with BILLS
31 

•HCON 109 IH 

1 olution in accordance with section 251(b) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985 (as 

3 in effect prior to September 30, 2002). 

4 SEC. 405. COMPLIANCE WITH SECTION 13301 OF THE BUDG5 ET ENFORCEMENT ACT OF 1990. 

6 (a) IN GENERAL.—In the House and the Senate, not7 withstanding section 302(a)(1) of the Congressional 

8 Budget Act of 1974 and section 13301 of the Budget En9 forcement Act of 1990, the joint explanatory statement 

10 accompanying the conference report on any concurrent 

11 resolution on the budget shall include in its allocation 

12 under section 302(a) of the Congressional Budget Act of 

13 1974 to the Committee on Appropriations amounts for the 

14 discretionary administrative expenses of the Social Secu15 rity Administration. 

16 (b) SPECIAL RULE.—In the House, for purposes of 

17 applying section 302(f) of the Congressional Budget Act 

18 of 1974, estimates of the level of total new budget author19 ity and total outlays provided by a measure shall include 

20 any discretionary amounts provided for the Social Security 

21 Administration. 

22 SEC. 406. EXERCISE OF RULEMAKING POWERS. 

23 Congress adopts the provisions of this title— 

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

25 the Senate and the House, respectively, and as such 


pwalker on PROD1PC71 with BILLS
32 

•HCON 109 IH 

1 they shall be considered as part of the rules of each 

2 House, or of that House to which they specifically 

3 apply, and such rules shall supersede other rules 

4 only to the extent that they are inconsistent there5 with; and 

6 (2) with full recognition of the constitutional 

7 right of either House to change those rules (so far 

8 as they relate to that House) at any time, in the 

9 same manner, and to the same extent as in the case 

10 of any other rule of that House. 

11 SEC. 407. ADJUSTMENTS FOR TAX LEGISLATION. 

12 In the House, if the Committee on Ways and Means 

13 reports a bill or joint resolution, or an amendment is of14 fered thereto or a conference report is submitted thereon, 

15 that amends the Internal Revenue Code of 1986 by ex16 tending the expiration dates for Federal tax policies that 

17 expired during fiscal year 2008 or that expire during the 

18 period of fiscal years 2008 through 2012, then the chair19 man of the Committee on the Budget may make appro20 priate adjustments in the allocations and aggregates of 

21 budget authority, outlays, and revenue set forth in this 

22 resolution to reflect the budgetary effects of such legisla23 tion, but only to the extent the adjustments would not 

24 cause the level of revenue to be less than the level of rev25 enue provided for in this resolution for the period of fiscal 


pwalker on PROD1PC71 with BILLS
33 

•HCON 109 IH 

1 years 2008 through 2012 and would not cause the deficit 

2 to exceed the appropriate level of deficits provided for in 

3 this resolution for the period of fiscal years 2008 through 

4 2012. 

5 SEC. 408. REPEAL OF THE GEPHARDT RULE. 

6 With respect to the adoption by the Congress of a 

7 concurrent resolution on the budget for fiscal year 2008, 

8 the clerk of the House shall not prepare an engrossment 

9 of a joint resolution increasing or decreasing, as the case 

10 may be, the statutory limit on the public debt. 

11 SEC. 409. BUDGET COMPLIANCE STATEMENTS. 

12 Each report of a committee on a public bill or public 

13 joint resolution shall contain a budget compliance state14 ment prepared by the chairman of the Committee on the 

15 Budget, if timely submitted prior to the filing of the re16 port, which shall include assessment by such chairman as 

17 to whether the bill or joint resolution complies with the 

18 requirements of sections 302, 303, 306, 311, and 401 of 

19 the Congressional Budget Act of 1974. 

20 SEC. 410. COST ESTIMATES FOR CONFERENCE REPORTS 

21 AND UNREPORTED MEASURES. 

22 It shall not be in order to consider a conference re23 port or an unreported bill or joint resolution unless an 

24 estimate of costs as described in clause 3(d)(2) of Rule 


pwalker on PROD1PC71 with BILLS
34 

•HCON 109 IH 

1 XIII has been printed in the Congressional Record at least 

2 one day before its consideration. 

3 SEC. 411. ROLL CALL VOTES FOR NEW SPENDING. 

4 The yeas and nays shall be considered as ordered 

5 when the Speaker puts the question on passage of a bill 

6 or joint resolution, or on adoption of a conference report, 

7 for which the chairman of the Budget Committee has ad8 vised the Speaker that such bill, joint resolution or con9 ference report authorizes or provides new budget authority 

10 of not less than $50,000,000. The Speaker may not enter11 tain a unanimous consent request or motion to suspend 

12 this section. 

13 SEC. 412. BUDGET PROCESS REFORM. 

14 Before September 30, 2007, the chairman or ranking 

15 minority member of the Committee on the Budget of the 

16 House of Representatives shall introduce, and the com17 mittee shall conduct hearings on, budget reform legislation 

18 that includes the following provisions: 

19 (1) Statutory discretionary spending limits. 

20 (2) Provisions to slow the growth of entitlement 

21 spending by requiring offsets for new benefits, and 

22 examining programs with annual increases higher 

23 than the rate of inflation. 

24 (3) Presidential legislative line item veto au25 thority that preserves Congress’ constitutional power 


pwalker on PROD1PC71 with BILLS
35 

•HCON 109 IH 

1 of the purse by requiring an expedited up or down 

2 vote on the President’s proposals. 

3 (4) Enforcement tools that restrict the defini4 tion of ‘‘emergency’’ so that emergency supplemental 

5 appropriation bills include only needs that are sud6 den, urgent, unforeseen, unpredictable, unantici7 pated, and temporary in nature. 

8 (5) Accrual accounting of the Government’s 

9 long-term obligations. 

10 (6) Periodic reporting from the Government Ac11 countability Office that examine the causes of long12 term deficits and present options to reduce these 

13 deficits. 

14 (7) Annual audit summaries from the Federal 

15 Accounting Standards Advisory Board for all depart16 ments of the Government that represent more than 

17 20 percent of discretionary spending, with rec18 ommendations on how to improve the quality of fi19 nancial information available to Congress. 

20 SEC. 413. TREASURY DEPARTMENT STUDY AND REPORT. 

21 (a) REQUEST.—Not later than June 1, 2007, the 

22 chairman or ranking member of the Committee on the 

23 Budget of the House of Representatives shall submit a re24 quest to the Secretary of the Treasury for a study of the 


pwalker on PROD1PC71 with BILLS
36 

•HCON 109 IH 

1 impact of the current United States tort system on global 

2 competition and gross domestic product (GDP) growth. 

3 (b) SUBMISSION OF STUDY.—The results of the 

4 study described in subsection (a) shall be submitted by 

5 the Secretary of the Treasury to the Committee on the 

6 Budget of the House of Representatives not later than 

7 September 30, 2007. 

8 SEC. 414. ASSISTANCE BY FEDERAL AGENCIES TO STAND9 ING COMMITTEES OF THE SENATE AND THE 

10 HOUSE OF REPRESENTATIVES. 

11 (a) INFORMATION REGARDING AGENCY APPROPRIA12 TIONS REQUESTS.—To assist each standing committee of 

13 the House of Representatives and the Senate in carrying 

14 out its responsibilities, the chairman of each authorizing 

15 committee of the House and Senate shall request the head 

16 of each Federal agency which administers the laws or 

17 parts of laws under the jurisdiction of such committee, to 

18 provide to such committee such studies, information, anal19 yses, reports, and assistance. 

20 (b) INFORMATION REGARDING AGENCY PROGRAM

21 ADMINISTRATION.—To assist each standing committee of 

22 the House of Representatives and the Senate in carrying 

23 out its responsibilities, the chairman of each authorizing 

24 committee of the House and Senate shall request of the 

25 head of any agency under his committee’s jurisdiction, to 


pwalker on PROD1PC71 with BILLS
37 

•HCON 109 IH 

1 furnish to such committee documentation, containing in2 formation received, compiled, or maintained by the agency 

3 as part of the operation or administration of a program, 

4 or specifically compiled pursuant to a request in support 

5 of a review of a program, as may be requested by the 

6 chairman and ranking minority member of such com7 mittee. 

8 (c) SUMMARIES BY COMPTROLLER GENERAL.—With9 in thirty days after the receipt of a request from a chair10 man and ranking minority member of a standing com11 mittee having jurisdiction over a program being reviewed 

12 and studied by such committee under this section, the 

13 Comptroller General of the United States shall furnish to 

14 such committee summaries of any audits or reviews of 

15 such program which the Comptroller General has com16 pleted during the preceding six years. 

17 (d) CONGRESSIONAL ASSISTANCE.—Consistent with 

18 their duties and functions under law, the Comptroller Gen19 eral of the United States, the Director of the Congres20 sional Budget Office, and the Director of the Congres21 sional Research Service shall continue to furnish (con22 sistent with established protocols) to each standing com23 mittee of the House of Representatives or the Senate such 

24 information, studies, analyses, and reports as the chair25 man and ranking minority member may request to assist 


pwalker on PROD1PC71 with BILLS
38 

•HCON 109 IH 

1 the committee in conducting reviews and studies of pro2 grams under this section. 

3 SEC. 415. BUDGETARY TREATMENT OF THE NATIONAL 

4 FLOOD INSURANCE PROGRAM. 

5 (a) TREATMENT.—For purposes of the allocations 

6 and aggregates in this resolution, the reconciliation direc7 tives established by this resolution, and for any other pur8 pose under titles III and IV of the Congressional Budget 

9 Act of 1974, the budgetary effects of any bill or joint reso10 lution, amendment thereto, or conference report thereon, 

11 or any recommendations submitted pursuant to section 

12 201 that includes the reforms set forth in subsection (b) 

13 shall be scored without regard to the obligations resulting 

14 from the enactment of Public Law 109–208. Such esti15 mate shall assume the liquidating of the National Flood 

16 Insurance Fund’s remaining contractual obligations re17 sulting from claims made as a result of floods that oc18 curred in 2005. 

19 (b) LEGISLATION.—The legislation referred to in 

20 subsection (a) shall— 

21 (1) establish more actuarially sound rates on 

22 policies issued by the National Flood Insurance Pro23 gram; and 

24 (2) end flood insurance subsidies on pre-FIRM 

25 structures not used as primary residences. 


pwalker on PROD1PC71 with BILLS
39 

•HCON 109 IH 

1 TITLE V—EMERGENCY RESERVE 

2 FUND 

3 SEC. 501. NONDEFENSE RESERVE FUND FOR EMER4 GENCIES. 

5 (a) NONDEFENSE SET ASIDE.— 

6 (1) DISCRETIONARY SET ASIDE FUND.—In the 

7 House and except as provided by subsection (b), if 

8 a bill or joint resolution is reported, or an amend9 ment is offered thereto (or considered as adopted) or 

10 a conference report is filed thereon, that provides 

11 new discretionary budget authority (and outlays 

12 flowing therefrom), and such provision is designated 

13 as an emergency pursuant to this section, the chair14 man of the Committee on the Budget shall make ad15 justments to the allocations and aggregates set forth 

16 in this resolution up to the amount of such provi17 sions if the requirements set forth in section 504 are 

18 met, but the sum of all adjustments made under this 

19 paragraph shall not exceed $6,450,000,000 for fiscal 

20 year 2008. 

21 (2) OTHER ADJUSTMENTS.—In the House, if a 

22 bill or joint resolution is reported or a conference re23 port is filed thereon, and a direct spending or receipt 

24 provision included therein is designated as an emer25 gency pursuant to this paragraph, the chairman of 


pwalker on PROD1PC71 with BILLS
40 

•HCON 109 IH 

1 the Committee on the Budget may make adjust2 ments to the allocations and aggregates set forth in 

3 this resolution. 

4 (b) ADDITIONAL ADJUSTMENT PROCEDURES.—In 

5 the House, before any adjustment is made pursuant to 

6 this section for any bill, joint resolution, or conference re7 port that designates a provision an emergency, the enact8 ment of which would cause the total amount of the set 

9 aside fund set forth in subsection (a)(1) for fiscal year 

10 2008 to be exceeded: 

11 (1) The chairman of the Committee on the 

12 Budget shall convene a meeting of that committee, 

13 where it shall be in order, subject to the terms set 

14 forth in this section, for one motion described in 

15 paragraph (2) to be made to authorize the chairman 

16 to make adjustments above the maximum amount of 

17 adjustments set forth in subsection (a). If the Chair18 man does not call such a meeting within 24 hours 

19 of a committee reporting such a measure, any mem20 ber of the Committee may call such a meeting. 

21 (2) The motion referred to in paragraph (1) 

22 shall be in the following form: ‘‘I move that the 

23 chairman of the Committee on the Budget be au24 thorized to adjust the allocations and aggregates set 

25 forth in the concurrent resolution on the budget for 


pwalker on PROD1PC71 with BILLS
41 

•HCON 109 IH 

1 fiscal year 2008 by the following amount: 

2 $lllll for fiscal year 2008.’’, with the blank 

3 being filled in with amount determined by the chair4 man of the Committee on the Budget. For any 

5 measure referred to in subsection (a)(1), such 

6 amount shall not exceed the total amount for fiscal 

7 year 2008 designated as an emergency in excess of 

8 the applicable amount remaining in the set aside 

9 fund. 

10 (3) The motion set forth in paragraph (2) shall 

11 be open for debate and amendment, but any amend12 ment offered thereto is only in order if limited to 

13 changing an amount in the motion. 

14 (4) Except as provided by paragraph (5), the 

15 chairman of the Committee on the Budget may not 

16 make any adjustments under subsection (a) or sub17 section (b) unless or until the committee filing a re18 port or joint statement of managers on a conference 

19 report on a measure including an emergency des20 ignation fulfills the terms set forth in section 504. 

21 (5) The chairman of the Committee on the 

22 Budget shall make any adjustments he deems nec23 essary under this section if he determines the enact24 ment of the provision or provisions designated as an 

25 emergency is essential to respond to an urgent and 


pwalker on PROD1PC71 with BILLS
42 

•HCON 109 IH 

1 imminent need, the chairman determines the excep2 tional circumstances referred to in rule 3 of the 

3 rules of the committee are met and the committee 

4 cannot convene to consider the motion referred to in 

5 this section in a timely fashion. 

6 (c) APPLICATION OF ADJUSTMENTS.—The adjust7 ments made pursuant to subsection (a) or (b) shall— 

8 (1) apply while that bill, joint resolution, con9 ference report or amendment is under consideration; 

10 (2) take effect upon the enactment of that leg11 islation; and 

12 (3) be published in the Congressional Record as 

13 soon as practicable. 

14 SEC. 502. EMERGENCY CRITERIA. 

15 As used in this title: 

16 (1) The term ‘‘emergency’’ means a situation 

17 that— 

18 (A) requires new budget authority and out19 lays (or new budget authority and the outlays 

20 flowing therefrom) for the prevention or mitiga21 tion of, or response to, loss of life or property, 

22 or a threat to national security; and 

23 (B) is unanticipated. 

24 (2) The term ‘‘unanticipated’’ means that the 

25 underlying situation is— 


pwalker on PROD1PC71 with BILLS
43 

•HCON 109 IH 

1 (A) sudden, which means quickly coming 

2 into being or not building up over time; 

3 (B) urgent, which means a pressing and 

4 compelling need requiring immediate action; 

5 (C) unforeseen, which means not predicted 

6 or anticipated as an emerging need; and 

7 (D) temporary, which means not of a per8 manent duration. 

9 SEC. 503. DEVELOPMENT OF GUIDELINES FOR APPLICA10 TION OF EMERGENCY DEFINITION. 

11 In the House, as soon as practicable after the adop12 tion of this resolution, the chairman of the Committee on 

13 the Budget shall, after consultation with the chairmen of 

14 the applicable committees, the Ranking Member of the 

15 Committee on the Budget, and the Director of the Con16 gressional Budget Office, prepare additional guidelines for 

17 application of the definition of an emergency and shall 

18 issue a committee print from the Committee on the Budg19 et for this purpose. 

20 SEC. 504. COMMITTEE NOTIFICATION OF EMERGENCY LEG21 ISLATION. 

22 (a) COMMITTEE NOTIFICATION.—Whenever a com23 mittee of the House (including a committee of conference) 

24 reports any bill or joint resolution that includes a provision 

25 designated as an emergency pursuant to this title, the reVerDate Aug 31 2005 22:01 Apr 13, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\HC109.IH HC109

pwalker on PROD1PC71 with BILLS
44 

•HCON 109 IH 

1 port accompanying that bill or joint resolution (or the joint 

2 explanatory statement of managers in the case of a con3 ference report on any such bill or joint resolution) shall 

4 identify all provisions that provide amounts designated as 

5 an emergency and shall provide an explanation of the 

6 manner in which the provision meets the criteria set forth 

7 in section 502. 

8 (b) CONGRESSIONAL RECORD.—If such a measure is 

9 to be considered by the House without being reported by 

10 the committee of jurisdiction, then the committee shall 

11 cause the explanation to be published in the Congressional 

12 Record as soon as practicable. 

13 SEC. 505. UP-TO-DATE TABULATIONS. 

14 The Committee on the Budget of the House shall 

15 publish in the Congressional Record up-to-date tabulations 

16 of amounts remaining in the set aside fund set forth in 

17 section 501, or authorized in excess thereof, as soon as 

18 practicable after the enactment of such amounts des19 ignated as emergencies. 

20 TITLE VI—LEGISLATIVE LINE 

21 ITEM VETO AUTHORITY 

22 SEC. 601. PRESIDENTIAL RECOMMENDATIONS. 

23 (a) PROPOSED CANCELLATIONS.—If, within 45 cal24 endar days after the enactment of any bill or joint resolu25 tion providing any discretionary budget authority, item of 


pwalker on PROD1PC71 with BILLS
45 

•HCON 109 IH 

1 direct spending, limited tariff benefit, or targeted tax ben2 efit, the President proposes, in the manner provided in 

3 subsection (b), the cancellation of any dollar amount of 

4 such discretionary budget authority, item of direct spend5 ing, or targeted tax benefit, such recommendation shall 

6 be introduced as a freestanding measure consistent with 

7 the terms of this title and shall be eligible for the expe8 dited procedures set forth herein. If the 45 calendar-day 

9 period expires during a period where either House of Con10 gress stands adjourned sine die at the end of a Congress 

11 or for a period greater than 45 calendar days, the Presi12 dent may propose a cancellation under this section and 

13 transmit a special message under subsection (b) on the 

14 first calendar day of session following such a period of 

15 adjournment. 

16 (b) TRANSMITTAL OF SPECIAL MESSAGE.— 

17 (1) SPECIAL MESSAGE.— 

18 (A) CONTENTS OF SPECIAL MESSAGE.— 

19 Each special message shall specify, with respect 

20 to the discretionary budget authority, items of 

21 direct spending proposed, limited tariff benefits, 

22 or targeted tax benefits to be canceled— 

23 (i) the dollar amount of discretionary 

24 budget authority, the specific item of direct 

25 spending (that OMB, after consultation 


pwalker on PROD1PC71 with BILLS
46 

•HCON 109 IH 

1 with CBO, estimates to increase budget 

2 authority or outlays as required by section 

3 1017(9)), the limited tariff benefit, or the 

4 targeted tax benefit that the President pro5 poses be canceled; 

6 (ii) any account, department, or es7 tablishment of the Government to which 

8 such discretionary budget authority is 

9 available for obligation, and the specific 

10 project or governmental functions involved; 

11 (iii) the reasons why such discre12 tionary budget authority, item of direct 

13 spending, limited tariff benefit, or targeted 

14 tax benefit should be canceled; 

15 (iv) to the maximum extent prac16 ticable, the estimated fiscal, economic, and 

17 budgetary effect (including the effect on 

18 outlays and receipts in each fiscal year) of 

19 the proposed cancellation; 

20 (v) to the maximum extent prac21 ticable, all facts, circumstances, and con22 siderations relating to or bearing upon the 

23 proposed cancellation and the decision to 

24 propose the cancellation, and the estimated 

25 effect of the proposed cancellation upon 


pwalker on PROD1PC71 with BILLS
47 

•HCON 109 IH 

1 the objects, purposes, or programs for 

2 which the discretionary budget authority, 

3 item of direct spending, limited tariff ben4 efit, or the targeted tax benefit is provided; 

5 (vi) a numbered list of cancellations to 

6 be included in an approval bill that, if en7 acted, would cancel discretionary budget 

8 authority, items of direct spending, limited 

9 tariff benefit, or targeted tax benefits pro10 posed in that special message; and 

11 (vii) if the special message is trans12 mitted subsequent to or at the same time 

13 as another special message, a detailed ex14 planation why the proposed cancellations 

15 are not substantially similar to any other 

16 proposed cancellation in such other mes17 sage. 

18 (B) DUPLICATIVE PROPOSALS PROHIB19 ITED.—The President may not propose to can20 cel the same or substantially similar discre21 tionary budget authority, item of direct spend22 ing, limited tariff benefit, or targeted tax ben23 efit more than one time under this Act. 

24 (C) MAXIMUM NUMBER OF SPECIAL MES25 SAGES.—The President may not transmit to the 


pwalker on PROD1PC71 with BILLS
48 

•HCON 109 IH 

1 Congress more than 5 special messages under 

2 this subsection related to any bill or joint reso3 lution described in subsection (a), but may 

4 transmit not more than 10 special messages for 

5 any omnibus budget reconciliation or appropria6 tion measure. 

7 (2) ENACTMENT OF APPROVAL BILL.— 

8 (A) DEFICIT REDUCTION.—Amounts of 

9 budget authority, items of direct spending, lim10 ited tariff benefit, or targeted tax benefits 

11 which are canceled pursuant to enactment of a 

12 bill as provided under this section shall be dedi13 cated only to reducing the deficit or increasing 

14 the surplus. 

15 (B) ADJUSTMENT OF LEVELS IN THE CON16 CURRENT RESOLUTION ON THE BUDGET.—Not 

17 later than 5 days after the date of enactment 

18 of an approval bill as provided under this sec19 tion, the chairs of the Committees on the Budg20 et of the Senate and the House of Representa21 tives shall revise allocations and aggregates and 

22 other appropriate levels under the appropriate 

23 concurrent resolution on the budget to reflect 

24 the cancellation, and the applicable committees 


pwalker on PROD1PC71 with BILLS
49 

•HCON 109 IH 

1 shall report revised suballocations pursuant to 

2 section 302(b), as appropriate. 

3 (C) TRUST FUNDS AND SPECIAL FUNDS.— 

4 Notwithstanding subparagraph (A), nothing in 

5 this title shall be construed to require or allow 

6 the deposit of amounts derived from a trust 

7 fund or special fund which are canceled pursu8 ant to enactment of a bill as provided under 

9 this section to any other fund. 

10 SEC. 602. PROCEDURES IN UNITED STATES CONGRESS. 

11 (a) EXPEDITED CONSIDERATION.— 

12 (1) IN GENERAL.—The majority leader or mi13 nority leader of each House or his designee shall (by 

14 request) introduce an approval bill as defined in sec15 tion 1017 not later than the third day of session of 

16 that House after the date of receipt of a special mes17 sage transmitted to the Congress under section 

18 1011(b). If the bill is not introduced as provided in 

19 the preceding sentence in either House, then, on the 

20 fourth day of session of that House after the date 

21 of receipt of the special message, any Member of 

22 that House may introduce the bill. 

23 (2) CONSIDERATION IN THE HOUSE OF REP24 RESENTATIVES.— 


pwalker on PROD1PC71 with BILLS
50 

•HCON 109 IH 

1 (A) REFERRAL AND REPORTING.—Any 

2 committee of the House of Representatives to 

3 which an approval bill is referred shall report it 

4 to the House without amendment not later than 

5 the seventh legislative day after the date of its 

6 introduction. If a committee fails to report the 

7 bill within that period or the House has adopt8 ed a concurrent resolution providing for ad9 journment sine die at the end of a Congress, 

10 such committee shall be automatically dis11 charged from further consideration of the bill 

12 and it shall be placed on the appropriate cal13 endar. 

14 (B) PROCEEDING TO CONSIDERATION.— 

15 After an approval bill is reported by or dis16 charged from committee or the House has 

17 adopted a concurrent resolution providing for 

18 adjournment sine die at the end of a Congress, 

19 it shall be in order to move to proceed to con20 sider the approval bill in the House. Such a mo21 tion shall be in order only at a time designated 

22 by the Speaker in the legislative schedule within 

23 two legislative days after the day on which the 

24 proponent announces his intention to offer the 

25 motion. Such a motion shall not be in order 


pwalker on PROD1PC71 with BILLS
51 

•HCON 109 IH 

1 after the House has disposed of a motion to 

2 proceed with respect to that special message. 

3 The previous question shall be considered as or4 dered on the motion to its adoption without in5 tervening motion. A motion to reconsider the 

6 vote by which the motion is disposed of shall 

7 not be in order. 

8 (C) CONSIDERATION.—The approval bill 

9 shall be considered as read. All points of order 

10 against an approval bill and against its consid11 eration are waived. The previous question shall 

12 be considered as ordered on an approval bill to 

13 its passage without intervening motion except 

14 five hours of debate equally divided and con15 trolled by the proponent and an opponent and 

16 one motion to limit debate on the bill. A motion 

17 to reconsider the vote on passage of the bill 

18 shall not be in order. 

19 (D) SENATE BILL.—An approval bill re20 ceived from the Senate shall not be referred to 

21 committee. 

22 (3) CONSIDERATION IN THE SENATE.— 

23 (A) MOTION TO PROCEED TO CONSIDER24 ATION.—A motion to proceed to the consider25 ation of a bill under this subsection in the SenVerDate Aug 31 2005 22:01 Apr 13, 2007 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\HC109.IH HC109

pwalker on PROD1PC71 with BILLS
52 

•HCON 109 IH 

1 ate shall not be debatable. It shall not be in 

2 order to move to reconsider the vote by which 

3 the motion to proceed is agreed to or disagreed 

4 to. 

5 (B) LIMITS ON DEBATE.—Debate in the 

6 Senate on a bill under this subsection, and all 

7 debatable motions and appeals in connection 

8 therewith (including debate pursuant to sub9 paragraph (D)), shall not exceed 10 hours, 

10 equally divided and controlled in the usual 

11 form. 

12 (C) APPEALS.—Debate in the Senate on 

13 any debatable motion or appeal in connection 

14 with a bill under this subsection shall be limited 

15 to not more than 1 hour, to be equally divided 

16 and controlled in the usual form. 

17 (D) MOTION TO LIMIT DEBATE.—A motion 

18 in the Senate to further limit debate on a bill 

19 under this subsection is not debatable. 

20 (E) MOTION TO RECOMMIT.—A motion to 

21 recommit a bill under this subsection is not in 

22 order. 

23 (F) CONSIDERATION OF THE HOUSE

24 BILL.— 


pwalker on PROD1PC71 with BILLS
53 

•HCON 109 IH 

1 (i) IN GENERAL.—If the Senate has 

2 received the House companion bill to the 

3 bill introduced in the Senate prior to the 

4 vote required under paragraph (1)(C), then 

5 the Senate may consider, and the vote 

6 under paragraph (1)(C) may occur on, the 

7 House companion bill. 

8 (ii) PROCEDURES AFTER VOTE ON

9 SENATE BILL.—If the Senate votes, pursu10 ant to paragraph (1)(C), on the bill intro11 duced in the Senate, then immediately fol12 lowing that vote, or upon receipt of the 

13 House companion bill, the House bill shall 

14 be deemed to be considered, read the third 

15 time, and the vote on passage of the Sen16 ate bill shall be considered to be the vote 

17 on the bill received from the House. 

18 (b) AMENDMENTS PROHIBITED.—No amendment to, 

19 or motion to strike a provision from, a bill considered 

20 under this section shall be in order in either the Senate 

21 or the House of Representatives. 

22 SEC. 603. IDENTIFICATION OF TARGETED TAX BENEFITS. 

23 (a) STATEMENT.—The chairman of the Committee 

24 on Ways and Means of the House of Representatives and 

25 the chairman of the Committee on Finance of the Senate 


pwalker on PROD1PC71 with BILLS
54 

•HCON 109 IH 

1 acting jointly (hereafter in this subsection referred to as 

2 ‘‘the chairmen’’ shall review any revenue or reconciliation 

3 bill or joint resolution which includes any amendment to 

4 the Internal Revenue Code of 1986 that is being prepared 

5 for filing by a committee of conference of the two Houses, 

6 and shall identify whether such bill or joint resolution con7 tains any targeted tax benefits. The chairmen shall pro8 vide to the committee of conference a statement identi9 fying any such targeted tax benefits or declaring that the 

10 bill or joint resolution does not contain any targeted tax 

11 benefits. Any such statement shall be made available to 

12 any Member of Congress by the chairmen immediately 

13 upon request. 

14 (b) STATEMENT INCLUDED IN LEGISLATION.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 rule of the House of Representatives or any rule or 

17 precedent of the Senate, any revenue or reconcili18 ation bill or joint resolution which includes any 

19 amendment to the Internal Revenue Code of 1986 

20 reported by a committee of conference of the two 

21 Houses may include, as a separate section of such 

22 bill or joint resolution, the information contained in 

23 the statement of the chairmen, but only in the man24 ner set forth in paragraph (2). 


pwalker on PROD1PC71 with BILLS
55 

•HCON 109 IH 

1 (2) APPLICABILITY.—The separate section per2 mitted under subparagraph (A) shall read as follows: 

3 ‘‘Section 1021 of the Congressional Budget and Im4 poundment Control Act of 1974 shall llllll 

5 apply to llllll,llllll,000,000’’, 

6 with the blank spaces being filled in with— 

7 (A) in any case in which the chairmen 

8 identify targeted tax benefits in the statement 

9 required under subsection (a), the word ‘‘only’’ 

10 in the first blank space and a list of all of the 

11 specific provisions of the bill or joint resolution 

12 in the second blank space; or 

13 (B) in any case in which the chairmen de14 clare that there are no targeted tax benefits in 

15 the statement required under subsection (a), 

16 the word ‘‘not’’ in the first blank space and the 

17 phrase ‘‘any provision of this Act’’ in the sec18 ond blank space. 

19 (c) IDENTIFICATION IN REVENUE ESTIMATE.—With 

20 respect to any revenue or reconciliation bill or joint resolu21 tion with respect to which the chairmen provide a state22 ment under subsection (a), the Joint Committee on Tax23 ation shall— 

24 (1) in the case of a statement described in sub25 section (b)(2)(A), list the targeted tax benefits in 


pwalker on PROD1PC71 with BILLS
56 

•HCON 109 IH 

1 any revenue estimate prepared by the Joint Com2 mittee on Taxation for any conference report which 

3 accompanies such bill or joint resolution, or 

4 (2) in the case of a statement described in sec5 tion 13(b)(2)(B), indicate in such revenue estimate 

6 that no provision in such bill or joint resolution has 

7 been identified as a targeted tax benefit. 

8 (d) PRESIDENT’S AUTHORITY.—If any revenue or 

9 reconciliation bill or joint resolution is signed into law— 

10 (1) with a separate section described in sub11 section (b)(2), then the President may use the au12 thority granted in this section only with respect to 

13 any targeted tax benefit in that law, if any, identi14 fied in such separate section; or 

15 (2) without a separate section described in sub16 section (b)(2), then the President may use the au17 thority granted in this section with respect to any 

18 targeted tax benefit in that law. 

19 SEC. 604. ADDITIONAL MATTERS. 

20 (a) DEFINITIONS.— 

21 (1) APPROPRIATION LAW.—The term ‘‘appro22 priation law’’ means an Act referred to in section 

23 105 of title I, United States Code, including any 

24 general or special appropriation Act, or any Act 

25 making supplemental, deficiency, or continuing apVerDate Aug 31 2005 22:01 Apr 13, 2007 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\HC109.IH HC109

pwalker on PROD1PC71 with BILLS
57 

•HCON 109 IH 

1 propriations, that has been signed into law pursuant 

2 to Article I, section 7, of the Constitution of the 

3 United States. 

4 (2) APPROVAL BILL.—The term ‘‘approval bill’’ 

5 means a bill or joint resolution which only approves 

6 proposed cancellations of dollar amounts of discre7 tionary budget authority, items of new direct spend8 ing, limited tariff benefits, or targeted tax benefits 

9 in a special message transmitted by the President 

10 under this part and— 

11 (A) the title of which is as follows: ‘‘A bill 

12 approving the proposed cancellations trans13 mitted by the President on llll’’, the 

14 blank space being filled in with the date of 

15 transmission of the relevant special message 

16 and the public law number to which the mes17 sage relates; 

18 (B) which does not have a preamble; and 

19 (C) which provides only the following after 

20 the enacting clause: That the Congress ap21 proves of proposed cancellations llll, the 

22 blank space being filled in with a list of the 

23 cancellations contained in the President’s spe24 cial message, as transmitted by the President in 

25 a special message on llll, the blank space 


pwalker on PROD1PC71 with BILLS
58 

•HCON 109 IH 

1 being filled in with the appropriate date, re2 garding llll, the blank space being filled 

3 in with the Public Law number to which the 

4 special message relates; 

5 (D) which only includes proposed cancella6 tions that are estimated by CBO to meet the 

7 definition of discretionary budgetary authority 

8 or items of direct spending, or limited tariff 

9 benefits, or that are identified as targeted tax 

10 benefits pursuant to section 1014; 

11 (E) if any proposed cancellation other than 

12 discretionary budget authority or targeted tax 

13 benefits is estimated by CBO to not meet the 

14 definition of item of direct spending, then the 

15 approval bill shall include at the end: The 

16 President shall cease the suspension of the im17 plementation of the following under section 

18 1013 of the Legislative Line Item Veto Act of 

19 2006: llll, the blank space being filled in 

20 with the list of such proposed cancellations; and 

21 (F) if no CBO estimate is available, then 

22 the entire list of legislative provisions proposed 

23 by the President is inserted in the second blank 

24 space in subparagraph (C). 


pwalker on PROD1PC71 with BILLS
59 

•HCON 109 IH 

1 (3) CALENDAR DAY.—The term ‘‘calendar day’’ 

2 means a standard 24-hour period beginning at mid3 night. 

4 (4) CANCEL OR CANCELLATION.—The terms 

5 ‘‘cancel’’ or ‘‘cancellation’’ means to prevent— 

6 (A) budget authority from having legal 

7 force or effect; 

8 (B) in the case of entitlement authority, to 

9 prevent the specific legal obligation of the 

10 United States from having legal force or effect; 

11 (C) in the case of the food stamp program, 

12 to prevent the specific provision of law that pro13 vides such benefit from having legal force or ef14 fect; 

15 (D) a limited tariff benefit from having 

16 legal force or effect, and to make any necessary, 

17 conforming statutory change to ensure that 

18 such limited tariff benefit is not implemented; 

19 or 

20 (E) a targeted tax benefit from having 

21 legal force or effect, and to make any necessary, 

22 conforming statutory change to ensure that 

23 such targeted tax benefit is not implemented 

24 and that any budgetary resources are appro25 priately canceled. 


pwalker on PROD1PC71 with BILLS
60 

•HCON 109 IH 

1 (5) CBO.—The term ‘‘CBO’’ means the Direc2 tor of the Congressional Budget Office. 

3 (6) DIRECT SPENDING.—The term ‘‘direct 

4 spending’’ means— 

5 (A) budget authority provided by law 

6 (other than an appropriation law); 

7 (B) entitlement authority; and 

8 (C) the food stamp program. 

9 (7) DOLLAR AMOUNT OF DISCRETIONARY

10 BUDGET AUTHORITY.—(A) Except as provided in 

11 subparagraph (B), the term ‘‘dollar amount of dis12 cretionary budget authority’’ means the entire dollar 

13 amount of budget authority— 

14 (i) specified in an appropriation law, or the 

15 entire dollar amount of budget authority or ob16 ligation limitation required to be allocated by a 

17 specific proviso in an appropriation law for 

18 which a specific dollar figure was not included; 

19 (ii) represented separately in any table, 

20 chart, or explanatory text included in the state21 ment of managers or the governing committee 

22 report accompanying such law; 

23 (iii) required to be allocated for a specific 

24 program, project, or activity in a law (other 

25 than an appropriation law) that mandates the 


pwalker on PROD1PC71 with BILLS
61 

•HCON 109 IH 

1 expenditure of budget authority from accounts, 

2 programs, projects, or activities for which budg3 et authority is provided in an appropriation law; 

4 (iv) represented by the product of the esti5 mated procurement cost and the total quantity 

6 of items specified in an appropriation law or in7 cluded in the statement of managers or the gov8 erning committee report accompanying such 

9 law; or 

10 (v) represented by the product of the esti11 mated procurement cost and the total quantity 

12 of items required to be provided in a law (other 

13 than an appropriation law) that mandates the 

14 expenditure of budget authority from accounts, 

15 programs, projects, or activities for which budg16 et authority is provided in an appropriation law. 

17 (B) The term ‘‘dollar amount of discretionary 

18 budget authority’’ does not include— 

19 (i) direct spending; 

20 (ii) budget authority in an appropriation 

21 law which funds direct spending provided for in 

22 other law; 

23 (iii) any existing budget authority canceled 

24 in an appropriation law; or 


pwalker on PROD1PC71 with BILLS
62 

•HCON 109 IH 

1 (iv) any restriction, condition, or limitation 

2 in an appropriation law or the accompanying 

3 statement of managers or committee reports on 

4 the expenditure of budget authority for an ac5 count, program, project, or activity, or on ac6 tivities involving such expenditure. 

7 (8) ITEM OF DIRECT SPENDING.—The term 

8 ‘‘item of direct spending’’ means any provision of 

9 law that results in an increase in budget authority 

10 or outlays for direct spending relative to the most 

11 recent levels calculated consistent with the method12 ology used to calculate a baseline under section 257 

13 of the Balanced Budget and Emergency Deficit Con14 trol Act of 1985 and included with a budget submis15 sion under section 1105(a) of title 31, United States 

16 Code, in the first year or the 5-year period for which 

17 the item is effective. However, such item does not in18 clude an extension or reauthorization of existing di19 rect spending, but instead only refers to provisions 

20 of law that increase such direct spending. 

21 (9) LIMITED TARIFF BENEFIT.—The term 

22 ‘‘limited tariff benefit’’ means any provision of law 

23 that modifies the Harmonized Tariff Schedule of the 

24 United States in a manner that benefits 10 or fewer 

25 entities (as defined in paragraph (12)(B)). 


pwalker on PROD1PC71 with BILLS
63 

•HCON 109 IH 

1 (10) OMB.—The term ‘‘OMB’’ means the Di2 rector of the Office of Management and Budget. 

3 (11) OMNIBUS RECONCILIATION OR APPROPRIA4 TION MEASURE.—The term ‘‘omnibus reconciliation’’ 

5 or ‘‘appropriation measure’’ means— 

6 (A) in the case of a reconciliation bill, any 

7 such bill that is reported to its House by the 

8 Committee on the Budget; or 

9 (B) in the case of an appropriation meas10 ure, any such measure that provides appropria11 tions for programs, projects, or activities falling 

12 within 2 or more section 302(b) suballocations. 

13 (12) TARGETED TAX BENEFIT.— 

14 (A) The ‘‘term targeted tax benefit’’ means 

15 any revenue-losing provision that provides a 

16 Federal tax deduction, credit, exclusion, or pref17 erence to ten or fewer beneficiaries (determined 

18 with respect to either present law or any provi19 sion of which the provision is a part) under the 

20 Internal Revenue Code of 1986 in any year for 

21 which the provision is in effect; 

22 (B) FOR PURPOSES OF SUBPARAGRAPH

23 (A).— 

24 (i) all businesses and associations that 

25 are members of the same controlled group 


pwalker on PROD1PC71 with BILLS
64 

•HCON 109 IH 

1 of corporations (as defined in section 

2 1563(a) of the Internal Revenue Code of 

3 1986) shall be treated as a single bene4 ficiary; 

5 (ii) all shareholders, partners, mem6 bers, or beneficiaries of a corporation, 

7 partnership, association, or trust or estate, 

8 respectively, shall be treated as a single 

9 beneficiary; 

10 (iii) all employees of an employer shall 

11 be treated as a single beneficiary; 

12 (iv) all qualified plans of an employer 

13 shall be treated as a single beneficiary; 

14 (v) all beneficiaries of a qualified plan 

15 shall be treated as a single beneficiary; 

16 (vi) all contributors to a charitable or17 ganization shall be treated as a single ben18 eficiary; 

19 (vii) all holders of the same bond 

20 issue shall be treated as a single bene21 ficiary; and 

22 (viii) if a corporation, partnership, as23 sociation, trust or estate is the beneficiary 

24 of a provision, the shareholders of the cor25 poration, the partners of the partnership, 


pwalker on PROD1PC71 with BILLS
65 

•HCON 109 IH 

1 the members of the association, or the 

2 beneficiaries of the trust or estate shall not 

3 also be treated as beneficiaries of such pro4 vision; 

5 (C) For the purpose of this paragraph, the 

6 term ‘‘revenue-losing provision’’ means any pro7 vision that is estimated to result in a reduction 

8 in federal tax revenues (determined with respect 

9 to either present law or any provision of which 

10 the provision is a part) for any one of the two 

11 following periods— 

12 (i) the first fiscal year for which the 

13 provision is effective; or 

14 (ii) the period of the 5 fiscal years be15 ginning with the first fiscal year for which 

16 the provision is effective; 

17 (D) the ‘‘term targeted tax benefit’’ does 

18 not include any provision which applies uni19 formly to an entire industry; and 

20 (E) the terms used in this paragraph shall 

21 have the same meaning as those terms have 

22 generally in the Internal Revenue Code of 1986, 

23 unless otherwise expressly provided. 


pwalker on PROD1PC71 with BILLS
66 

•HCON 109 IH 

1 SEC. 605. EXPIRATION. 

2 This title shall have no force or effect on or after 

3 October 1, 2012. 

4 SEC. 606. SENSE OF CONGRESS ON DEFERRAL AUTHORITY. 

5 It is the sense of Congress that legislation providing 

6 the authority to temporarily defer spending on proposed 

7 rescissions should be enacted. 

8 SEC. 607. SENSE OF CONGRESS ON ABUSE OF PROPOSED 

9 CANCELLATIONS. 

10 It is the sense of Congress that no President or any 

11 executive branch official should condition the inclusion or 

12 exclusion or threaten to condition the inclusion or exclu13 sion of any proposed cancellation in any special message 

14 under this title upon any vote cast or to be cast by any 

15 Member of either House of Congress. 

16 TITLE VII—EARMARK 

17 TRANSPARENCY 

18 SEC. 701. PROHIBITION ON OBLIGATION OF FUNDS FOR 

19 EARMARKS INCLUDED ONLY IN CONGRES20 SIONAL REPORTS. 

21 (a) REQUIREMENT THAT EARMARKS MUST BE IN

22 LEGISLATIVE TEXT.—Notwithstanding any other rule of 

23 the House, in addition to the requirements set forth in 

24 clause 9 of rule XXI of the Rules of the House of Rep25 resentatives, it shall not be in order to consider any bill, 

26 joint resolution, amendment thereto, or conference report 


pwalker on PROD1PC71 with BILLS
67 

•HCON 109 IH 

1 thereon, unless the list of congressional earmarks, limited 

2 tax benefits, and limited tariff benefits, required by clause 

3 9(a)of rule XXI are also set forth in the text of such meas4 ure. 

5 (b) AVAILABILITY ON THE INTERNET.—Notwith6 standing any other rule of the House, in addition to the 

7 requirements set forth in clause 9 of rule XXI of the Rules 

8 of the House of Representatives, it shall not be in order 

9 to consider any bill, joint resolution, or conference report 

10 thereon, unless the lists required by paragraphs (1), (2), 

11 and (4) of clause 9 of rule XXI are made available on 

12 the Internet in a searchable format to the general public 

13 for at least 48 hours before consideration. 

14 SEC. 702. DEFINITIONS. 

15 (a) CONGRESSIONAL EARMARK.—The term ‘‘congres16 sional earmark’’ means a provision or report language in17 cluded primarily at the request of a Member, Delegate, 

18 Resident Commissioner, or Senator providing, authorizing 

19 or recommending a specific amount of discretionary budg20 et authority, credit authority, or other spending authority 

21 for a contract, loan, loan guarantee, grant, loan authority, 

22 or other expenditure with or to an entity, or targeted to 

23 a specific State, locality or Congressional district, other 

24 than through a statutory or administrative formula-driven 

25 or competitive award process. 


pwalker on PROD1PC71 with BILLS
68 

•HCON 109 IH 

1 (b) LIMITED BENEFITS.— 

2 (1) LIMITED TARIFF BENEFIT.—The term 

3 ‘‘limited tariff benefit’’ means any provision of law 

4 that modifies the Harmonized Tariff Schedule of the 

5 United States in a manner that benefits 10 or fewer 

6 entities (as defined in paragraph (12)(B)). 

7 (2) LIMITED TAX BENEFIT.—(A) The term 

8 ‘‘limited tax benefit’’ means any revenue-losing pro9 vision that provides a Federal tax deduction, credit, 

10 exclusion, or preference to ten or fewer beneficiaries 

11 (determined with respect to either present law or 

12 any provision of which the provision is a part) under 

13 the Internal Revenue Code of 1986 in any year for 

14 which the provision is in effect. 

15 (B) For purposes of subparagraph (A)— 

16 (i) all businesses and associations that are 

17 members of the same controlled group of cor18 porations (as defined in section 1563(a) of the 

19 Internal Revenue Code of 1986) shall be treat20 ed as a single beneficiary; 

21 (ii) all shareholders, partners, members, or 

22 beneficiaries of a corporation, partnership, asso23 ciation, or trust or estate, respectively, shall be 

24 treated as a single beneficiary; 


pwalker on PROD1PC71 with BILLS
69 

•HCON 109 IH 

1 (iii) all employees of an employer shall be 

2 treated as a single beneficiary; 

3 (iv) all qualified plans of an employer shall 

4 be treated as a single beneficiary; 

5 (v) all beneficiaries of a qualified plan shall 

6 be treated as a single beneficiary; 

7 (vi) all contributors to a charitable organi8 zation shall be treated as a single beneficiary; 

9 (vii) all holders of the same bond issue 

10 shall be treated as a single beneficiary; and 

11 (viii) if a corporation, partnership, associa12 tion, trust or estate is the beneficiary of a pro13 vision, the shareholders of the corporation, the 

14 partners of the partnership, the members of the 

15 association, or the beneficiaries of the trust or 

16 estate shall not also be treated as beneficiaries 

17 of such provision; 

18 (C) For the purpose of this paragraph, the 

19 term ‘‘revenue-losing provision’’ means any provision 

20 that is estimated to result in a reduction in federal 

21 tax revenues (determined with respect to either 

22 present law or any provision of which the provision 

23 is a part) for any one of the two following periods— 

24 (i) the first fiscal year for which the provi25 sion is effective; or 


pwalker on PROD1PC71 with BILLS
70 

•HCON 109 IH 

1 (ii) the period of the 5 fiscal years begin2 ning with the first fiscal year for which the pro3 vision is effective; 

4 (D) the term ‘‘limited tax benefit’’ does not in5 clude any provision which applies uniformly to an 

6 entire industry; and 

7 (E) the terms used in this paragraph shall have 

8 the same meaning as those terms have generally in 

9 the Internal Revenue Code of 1986, unless otherwise 

10 expressly provided. 

11 (c) SPECIAL RULE.—Notwithstanding any other pro12 vision of the Rules of the House, the definitions set forth 

13 in this section shall apply for congressional earmarks, lim14 ited tariff benefits, and limited tax benefits. 

15 TITLE VIII—PAY-AS-YOU-GO. 

16 SEC. 801. PAY-AS-YOU-GO POINT OF ORDER. 

17 (a) POINT OF ORDER.— 

18 (1) IN GENERAL.—It shall not be in order in 

19 the House or the Senate to consider any direct 

20 spending legislation, excluding the impact of any 

21 revenue provisions, that would increase the on-budg22 et deficit or cause an on-budget deficit for any 1 of 

23 4 applicable time periods as measured in paragraphs 

24 (5) and (6). 


pwalker on PROD1PC71 with BILLS
71 

•HCON 109 IH 

1 (2) APPLICABLE TIME PERIODS.—For purposes 

2 of this subsection, the term ‘‘applicable time period’’ 

3 means any 1 of the 4 following periods: 

4 (A) The current fiscal year. 

5 (B) The budget year. 

6 (C) The period of the 5 fiscal years fol7 lowing the current fiscal year. 

8 (D) The period of the 5 fiscal years fol9 lowing the 5 fiscal years referred to in subpara10 graph (C). 

11 (3) DIRECT SPENDING LEGISLATION.—For pur12 poses of this subsection and except as provided in 

13 paragraph (4), the term ‘‘direct spending legisla14 tion’’ means any bill, joint resolution, amendment, 

15 motion, or conference report that affects direct 

16 spending as that term is defined by, and interpreted 

17 for purposes of, the Balanced Budget and Emer18 gency Deficit Control Act of 1985. 

19 (4) BASELINE.—Estimates prepared pursuant 

20 to this subsection shall— 

21 (A) use the most recent baseline estimates 

22 supplied by the Congressional Budget Office 

23 consistent with section 257 of the Balanced 

24 Budget and Emergency Deficit Control Act of 


pwalker on PROD1PC71 with BILLS
72 

•HCON 109 IH 

1 1985 used in considering a concurrent resolu2 tion on the budget; or 

3 (B) after the beginning of a new calendar 

4 year and before consideration of a concurrent 

5 resolution on the budget, the most recent base6 line estimates supplied by the Congressional 

7 Budget Office consistent with section 257 of 

8 the Balanced Budget and Emergency Deficit 

9 Control Act of 1985. 

10 (5) PRIOR SURPLUS.—If direct spending or rev11 enue legislation increases the on-budget deficit or 

12 causes an on-budget deficit when taken individually, 

13 it must also increase the on-budget deficit or cause 

14 an on-budget deficit when taken together with all di15 rect spending and revenue legislation enacted since 

16 the beginning of the calendar year not accounted for 

17 in the baseline under paragraph (5)(A), except that 

18 direct spending or revenue effects resulting in net 

19 deficit reduction enacted in any bill pursuant to a 

20 reconciliation instruction since the beginning of that 

21 same calendar year shall never be made available on 

22 the pay-as-you-go ledger and shall be dedicated only 

23 for deficit reduction. 

24 (b) DETERMINATION OF BUDGET LEVELS.—For 

25 purposes of this section, the levels of new budget authorVerDate Aug 31 2005 23:11 Apr 13, 2007 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\HC109.IH HC109

pwalker on PROD1PC71 with BILLS
73 

•HCON 109 IH 

1 ity, outlays, and revenues for a fiscal year shall be deter2 mined on the basis of estimates made by the Committees 

3 on the Budget. 

4 (c) POINT OF ORDER PROTECTION IN THE HOUSE.— 

5 In the House, it shall not be in order to consider a rule 

6 or order that waives the application of subsection (a). As 

7 disposition of a point of order under this paragraph, the 

8 Chair shall put the question of consideration with respect 

9 to the rule or order that waives the application of sub10 section (a). The question of consideration shall be debat11 able for 10 minutes by the Member initiating the point 

12 of order and for 10 minutes by an opponent, but shall 

13 otherwise be decided without intervening motion except 

14 one that the House adjourn. 

15 TITLE IX—DISCRETIONARY 

16 SPENDING LIMITS. 

17 SEC. 901. DISCRETIONARY SPENDING LIMITS IN THE 

18 HOUSE. 

19 (a) POINT OF ORDER.—It shall not be in order in 

20 the House to consider any bill or joint resolution, or 

21 amendment thereto, that provides new budget authority 

22 that would cause the discretionary spending limits to be 

23 exceeded for any fiscal year. 


pwalker on PROD1PC71 with BILLS
74 

•HCON 109 IH 

1 (b) DISCRETIONARY SPENDING LIMITS.—In the 

2 House and as used in this section, the term ‘‘discretionary 

3 spending limit’’ means— 

4 (1) with respect to fiscal year 2008, for the dis5 cretionary category: $1,079,593,000,000 in new 

6 budget authority and $1,127,623,000,000 in outlays; 

7 (2) with respect to fiscal year 2009, for the dis8 cretionary category: $1,004,865,000,000 in new 

9 budget authority and $1,121,730,000,000 in outlays; 

10 (3) with respect to fiscal year 2010, for the dis11 cretionary category: $977,058,000,000 in new budg12 et authority and $1,050,106,000,000 in outlays; 

13 as adjusted in conformance with subsection (c). 

14 (c) ADJUSTMENTS.— 

15 (1) IN GENERAL.— 

16 (A) CHAIRMAN.—After the reporting of a 

17 bill or joint resolution, the offering of an 

18 amendment thereto, or the submission of a con19 ference report thereon, the chairman of the 

20 Committee on the Budget may make the ad21 justments set forth in subparagraph (B) for the 

22 amount of new budget authority in that meas23 ure (if that measure meets the requirements set 

24 forth in paragraph (2)) and the outlays flowing 

25 from that budget authority. The chairman of 


pwalker on PROD1PC71 with BILLS
75 

•HCON 109 IH 

1 the Committee on the Budget may also make 

2 appropriate adjustments for the reserve funds 

3 set forth in this resolution. 

4 (B) MATTERS TO BE ADJUSTED.—The ad5 justments referred to in subparagraph (A) are 

6 to be made to— 

7 (i) the discretionary spending limits, if 

8 any, set forth in the appropriate concur9 rent resolution on the budget; 

10 (ii) the allocations made pursuant to 

11 the appropriate concurrent resolution on 

12 the budget pursuant to section 302(a) of 

13 the Congressional Budget Act of 1974; and 

14 (iii) the budgetary aggregates as set 

15 forth in the appropriate concurrent resolu16 tion on the budget. 

17 (2) AMOUNTS OF ADJUSTMENTS.—The adjust18 ment referred to in paragraph (1) shall be an 

19 amount provided and designated as an emergency 

20 requirement; 

21 (3) APPLICATION OF ADJUSTMENTS.—The ad22 justments made for legislation pursuant to para23 graph (1) shall— 

24 (A) apply while that legislation is under 

25 consideration; 


pwalker on PROD1PC71 with BILLS
76 

•HCON 109 IH 

1 (B) take effect upon the enactment of that 

2 legislation; and 

3 (C) be published in the Congressional 

4 Record as soon as practicable. 

5 (4) APPLICATION OF THIS SECTION.—The pro6 visions of this section shall apply to legislation pro7 viding new budget authority for fiscal years 2008 

8 through 2010. 

9 (d) ENFORCEMENT IN THE HOUSE OF REPRESENTA10 TIVES.— 

11 (1) WAIVER PROTECTION.—It shall not be in 

12 order in the House of Representatives to consider a 

13 rule or order that waives the application of this sec14 tion. 

15 (2) CONSIDERATION IN THE HOUSE.— 

16 (A) This subsection shall apply only to the 

17 House of Representatives. 

18 (B) In order to be cognizable by the Chair, 

19 a point of order under this section must specify 

20 the precise language on which it is premised. 

21 (C) As disposition of points of order under 

22 this section, the Chair shall put the question of 

23 consideration with respect to the proposition 

24 that is the subject of the points of order. 


pwalker on PROD1PC71 with BILLS
77 

•HCON 109 IH 

1 (D) A question of consideration under this 

2 section shall be debatable for 10 minutes by 

3 each Member initiating a point of order and for 

4 10 minutes by an opponent on each point of 

5 order, but shall otherwise be decided without in6 tervening motion except one that the House ad7 journ or that the Committee of the Whole rise, 

8 as the case may be. 

9 (E) The disposition of the question of con10 sideration under this subsection with respect to 

11 a bill or joint resolution shall be considered also 

12 to determine the question of consideration 

13 under this subsection with respect to an amend14 ment made in order as original text. 

15 (3) EXTENSION OF SPENDING LIMITS.—It shall 

16 not be in order in the House of Representatives to 

17 consider a concurrent resolution on the budget as 

18 described in section 301 of the Congressional Budg19 et Act of 1974 unless such resolution includes dis20 cretionary spending limits that are in the same 

21 amounts or less than those included in this section. 


pwalker on PROD1PC71 with BILLS
78 

•HCON 109 IH 

1 TITLE X—SENSES OF CONGRESS 

2 SEC. 1001. SENSE OF THE HOUSE REGARDING THE IMPOR3 TANCE OF CHILD SUPPORT ENFORCEMENT. 

4 It is the Sense of the House that additional legislative 

5 action is needed to ensure that states have the necessary 

6 resources to collect all child support that is owed to fami7 lies and to allow them to pass 100 percent of support on 

8 to families without financial penalty. It is further the 

9 Sense of the House that when 100 percent of child support 

10 payments are passed on to the child, rather than adminis11 trative expenses, program integrity is improved and child 

12 support participation increases. 

13 SEC. 1002. SENSE OF THE HOUSE ON STATE VETERANS 

14 CEMETERIES. 

15 It is the sense of the House that the Federal Govern16 ment should pay the plot allowance for the internment in 

17 a State veterans cemetery of any spouse or eligible child 

18 of a veteran, consistent with the pay-as-you-go principle. 

19 SEC. 1003. SENSE OF CONGRESS ON HEALTH INSURANCE 

20 REFORM. 

21 It is the sense of the Congress that legislation should 

22 be considered that does the following: 

23 (1) Amends the Internal Revenue Code to allow 

24 individual taxpayers a refundable tax credit for 


pwalker on PROD1PC71 with BILLS
79 

•HCON 109 IH 

1 health insurance costs paid for the benefit of the 

2 taxpayer, the taxpayer’s spouse, and dependents. 

3 (2) Requires business taxpayers who receive 

4 payments for certain employee health insurance cov5 erage to file informational returns. 

6 (3) Directs the Secretary of the Treasury to 

7 make advance payments of health insurance tax 

8 credit amounts to health insurance providers. 

9 (4) Limits the tax exclusion for employer-pro10 vided health care coverage. 

11 SEC. 1004. SENSE OF THE HOUSE ON THE INTERNAL REV12 ENUE CODE OF 1986. 

13 (a) SENSE OF CONGRESS ON THE TERMINATION OF

14 THE INTERNAL REVENUE CODE OF 1986.—No tax shall 

15 be imposed by the Internal Revenue Code of 1986— 

16 (1) for any taxable year beginning after Decem17 ber 31, 2010; and 

18 (2) in the case of any tax not imposed on the 

19 basis of a taxable year, on any taxable event or for 

20 any period after December 31, 2010. 

21 (b) EXCEPTION.—It is further the sense of the House 

22 of Representatives that legislation enacted pursuant to 

23 subsection (a) shall not apply to taxes imposed by— 

24 (1) chapter 2 of such Code (relating to tax on 

25 self-employment income); 


pwalker on PROD1PC71 with BILLS
80 

•HCON 109 IH 

1 (2) chapter 21 of such Code (relating to Fed2 eral Insurance Contributions Act); and 

3 (3) chapter 22 of such Code (relating to Rail4 road Retirement Tax Act). 

5 (c) STRUCTURE OF A NEW FEDERAL TAX SYSTEM.— 

6 Congress declares that any new Federal tax system should 

7 be a simple and fair system that— 

8 (1) applies a low rate to all Americans; 

9 (2) provides tax relief for working Americans; 

10 (3) protects the rights of taxpayers and reduces 

11 tax collection abuses; 

12 (4) eliminates the bias against savings and in13 vestment; 

14 (5) promotes economic growth and job creation; 

15 and 

16 (6) does not penalize marriage or families. 

17 (d) TIMING OF IMPLEMENTATION.—In order to en18 sure an easy transition and effective implementation, the 

19 Congress hereby declares that any new Federal tax system 

20 should be approved by Congress in its final form no later 

21 than July 4, 2010. 

Æ 


pwalker on PROD1PC71 with BILLS