II 

Calendar No. 97 

112TH CONGRESS 

1ST SESSION S. 1340 

To cut, cap, and balance the Federal budget. 

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2011 

Mr. LEE (for himself, Mr. TOOMEY, Mr. PAUL, Mr. DEMINT, Mr. JOHNSON

of Wisconsin, Mr. HATCH, Ms. AYOTTE, Mr. BARRASSO, Mr. BLUNT, Mr. 

BOOZMAN, Mr. COBURN, Mr. CORKER, Mr. GRAHAM, Mr. ISAKSON, Mr. 

PORTMAN, Mr. ROBERTS, Mr. RUBIO, Mr. SESSIONS, Mr. THUNE, Mr. 

VITTER, and Mr. WICKER) introduced the following bill; which was read 

the first time 

JULY 11, 2011 

Read the second time and placed on the calendar 

A BILL 

To cut, cap, and balance the Federal budget. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cut, Cap, and Balance 

5 Act of 2011’’. 


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1 TITLE I—CUT 

2 SEC. 101. REDUCTION OF 2012 SPENDING. 

3 Fore purposes of section 302(a) of the Congressional 

4 Budget Act of 1974, the estimated allocation of the appro5 priate levels of budget totals for fiscal year 2012 for the 

6 Senate Committee on Appropriations shall be— 

7 (1) $1,137,000,000,000 in total new budget au8 thority; and 

9 (2) $1,277,000,000,000 in total budget outlays. 

10 TITLE II—CAP 

11 SEC. 201. SENSE OF CONGRESS. 

12 It is the sense of Congress that Congress should 

13 enact comprehensive tax reform that lowers marginal 

14 rates, broadens the base, and simplifies the tax code to 

15 increase economic growth while generating revenues that 

16 are in line with the historical average of 18% of GDP. 

17 SEC. 202. MODIFICATION OF THE CONGRESSIONAL BUDGET 

18 ACT. 

19 Title III of the Congressional Budget Act of 1974 

20 is amended by inserting at the end the following: 

21 ‘‘SEC. 316. DISCRETIONARY SPENDING LIMITS. 

22 ‘‘(a) IN GENERAL.—It shall not be in order in the 

23 House of Representatives or the Senate to consider any 

24 bill, joint resolution, amendment, or conference report that 


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1 includes any provision that would cause the discretionary 

2 spending limits as set forth in this section to be exceeded. 

3 ‘‘(b) LIMITS.—In this section, the term ‘discretionary 

4 spending limits’ has the following meaning: 

5 ‘‘(1) For fiscal year 2012— 

6 ‘‘(A) for the defense category (budget 

7 function 050), $575,790,000,000 in budget au8 thority; and 

9 ‘‘(B) for the non-defense category, 

10 $435,000,000,000 in budget authority. 

11 ‘‘(2) For fiscal year 2013— 

12 ‘‘(A) for the defense category (budget 

13 function 050), $593,476,000,000 in budget au14 thority; and 

15 ‘‘(B) for the non-defense category, 

16 $435,000,000,000 in budget authority. 

17 ‘‘(3) For fiscal year 2014— 

18 ‘‘(A) for the defense category (budget 

19 function 050), $609,549,000,000 in budget au20 thority; and 

21 ‘‘(B) for the non-defense category, 

22 $435,000,000,000 in budget authority. 

23 ‘‘(4) For fiscal year 2015— 


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1 ‘‘(A) for the defense category (budget 

2 function 050), $621,853,000,000 in budget au3 thority; and 

4 ‘‘(B) for the non-defense category, 

5 $435,000,000,000 in budget authority. 

6 ‘‘(5) For fiscal year 2016— 

7 ‘‘(A) for the defense category (budget 

8 function 050), $634,895,000,000 in budget au9 thority; and 

10 ‘‘(B) for the non-defense category, 

11 $435,000,000,000 in budget authority. 

12 ‘‘(6) For fiscal year 2017— 

13 ‘‘(A) for the defense category (budget 

14 function 050), $646,458,000,000 in budget au15 thority; and 

16 ‘‘(B) for the non-defense category, 

17 $435,000,000,000 in budget authority. 

18 ‘‘(7) For fiscal year 2018— 

19 ‘‘(A) for the defense category (budget 

20 function 050), $658,261,000,000 in budget au21 thority; and 

22 ‘‘(B) for the non-defense category, 

23 $435,000,000,000 in budget authority. 

24 ‘‘(8) For fiscal year 2019— 


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1 ‘‘(A) for the defense category (budget 

2 function 050), $667,000,000,000 in budget au3 thority; and 

4 ‘‘(B) for the non-defense category, 

5 $435,000,000,000 in budget authority. 

6 ‘‘(9) For fiscal year 2020— 

7 ‘‘(A) for the defense category (budget 

8 function 050), $671,000,000,000 in budget au9 thority; and 

10 ‘‘(B) for the non-defense category, 

11 $443,500,000,000 in budget authority. 

12 ‘‘(10) For fiscal year 2021— 

13 ‘‘(A) for the defense category (budget 

14 function 050), $695,000,000,000 in budget au15 thority; and 

16 ‘‘(B) for the non-defense category, 

17 $457,700,000,000 in budget authority. 

18 ‘‘(c) ADJUSTMENTS.—After the reporting of a bill or 

19 joint resolution relating to oversees deployments described 

20 in subsection (d), or the offering of an amendment thereto 

21 or the submission of a conference report thereon— 

22 ‘‘(1) the Chairman of the Senate Committee on 

23 the budget may adjust the discretionary spending 

24 limits provided in this section, the budgetary aggre25 gates in the concurrent resolution on the budget 


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1 most recently adopted by the Senate and the House 

2 of Representatives, and allocations pursuant to sec3 tion 302(a) of the Congressional Budget Act of 

4 1974, by the amount of new budget authority in 

5 that measure for that purpose and the outlays flow6 ing there from; and 

7 ‘‘(2) following any adjustment under paragraph 

8 (1), the Senate Committee on Appropriations may 

9 report appropriately revised suballocations pursuant 

10 to section 302(b) of the Congressional Budget Act of 

11 1974 to carry out this subsection. 

12 ‘‘(d) OVERSEAS DEPLOYMENTS.—If a bill or joint 

13 resolution is reported making appropriations for fiscal 

14 year 2012, 2013, 2014, 2015, 2016, or 2017 that provides 

15 funding for overseas deployments and activities under16 taken as a result of a declaration of war or Congressional 

17 authorization of force, the allowable adjustments provided 

18 for in subsection (c) shall not exceed the following: 

19 ‘‘(1) For fiscal year 2012, $126,500,000,000 in 

20 budget authority. 

21 ‘‘(2) For fiscal year 2013, $50,000,000,000 in 

22 budget authority. 

23 ‘‘(3) For fiscal year 2014, $50,000,000,000 in 

24 budget authority. 


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1 ‘‘(4) For fiscal year 2015, $50,000,000,000 in 

2 budget authority. 

3 ‘‘(5) For fiscal year 2016, $30,800,000,000 in 

4 budget authority. 

5 ‘‘(6) For fiscal year 2017, $8,500,000,000 in 

6 budget authority. 

7 ‘‘(e) POINT OF ORDER IN THE SENATE.— 

8 ‘‘(1) WAIVER.—The provisions of this section 

9 shall be waived or suspended in the Senate only— 

10 ‘‘(A) by the affirmative vote of two-thirds 

11 of the Members, duly chosen and sworn; or 

12 ‘‘(B) in the case of defense budget author13 ity, if Congress declares war or authorizes the 

14 use of force 

15 ‘‘(2) APPEAL.—Appeals in the Senate from de16 cisions of the Chair relating to any provision of this 

17 section shall be limited to one hour, to be equally di18 vided between, and controlled by, the appellant and 

19 the manager of the measure. An affirmative vote of 

20 two-thirds of the Members of the Senate, duly cho21 sen and sworn, shall be required to sustain an ap22 peal of the ruling of the Chair on a point of order 

23 raised under this section. 


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1 ‘‘SEC. 317. CERTAIN MANDATORY SPENDING LIMITS. 

2 ‘‘(a) IN GENERAL.—It shall not be in order in the 

3 House of Representatives or the Senate to consider any 

4 bill, joint resolution, amendment, or conference report that 

5 includes any provision that would cause total on-budget 

6 mandatory spending, except as excluded in subsection (b), 

7 to exceed the limits specified in subsection (c). 

8 ‘‘(b) EXEMPT FROM SPECIFIED LIMITS.—The man9 datory components of the following functions are exempt 

10 from the limits specified in subsection (c): 

11 ‘‘(1) Social Security, function 650. 

12 ‘‘(2) Medicare, function 570. 

13 ‘‘(3) Veterans Benefits and Services, function 

14 700. 

15 ‘‘(4) Net Interest, function 900. 

16 ‘‘(c) LIMITS ON REMAINING MANDATORY SPEND17 ING.—The total combined budget authority for all manda18 tory spending not exempted in subsection (b) shall not ex19 ceed the following limits: 

20 ‘‘(1) For fiscal year 2012, $701,640,000,000 in 

21 budget authority. 

22 ‘‘(2) For fiscal year 2013, $648,701,000,000 in 

23 budget authority. 

24 ‘‘(3) For fiscal year 2014, $580,743,000,000 in 

25 budget authority. 


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1 ‘‘(4) For fiscal year 2015, $575,423,000,000 in 

2 budget authority. 

3 ‘‘(5) For fiscal year 2016, $574,072,000,000 in 

4 budget authority. 

5 ‘‘(6) For fiscal year 2017, $568,519,000,000 in 

6 budget authority. 

7 ‘‘(7) For fiscal year 2018, $558,645,000,000 in 

8 budget authority. 

9 ‘‘(8) For fiscal year 2019, $558,869,000,000 in 

10 budget authority. 

11 ‘‘(9) For fiscal year 2020, $566,867,000,000 in 

12 budget authority. 

13 ‘‘(10) For fiscal year 2021, $588,162,000,000 

14 in budget authority. 

15 ‘‘(d) POINT OF ORDER IN THE SENATE.— 

16 ‘‘(1) WAIVER.—The provisions of this section 

17 shall be waived or suspended in the Senate only by 

18 the affirmative vote of two-thirds of the Members, 

19 duly chosen and sworn. 

20 ‘‘(2) APPEAL.—Appeals in the Senate from de21 cisions of the Chair relating to any provision of this 

22 section shall be limited to one hour, to be equally di23 vided between, and controlled by, the appellant and 

24 the manager of the measure. An affirmative vote of 

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1 sen and sworn, shall be required to sustain an ap2 peal of the ruling of the Chair on a point of order 

3 raised under this section. 

4 ‘‘SEC. 318. LIMITS FOR SOCIAL SECURITY. 

5 ‘‘(a) IN GENERAL.—It shall not be in order in the 

6 House of Representatives or the Senate to consider any 

7 bill, joint resolution, amendment, or conference report that 

8 includes any provision that would cause total mandatory 

9 spending for Social Security (function 650) to exceed the 

10 limits specified in subsection (b). 

11 ‘‘(b) LIMITS.— 

12 ‘‘(1) IN GENERAL.—For purposes of this sec13 tion the limits are as follows: 

14 ‘‘(A) For fiscal year 2012, total outlays 

15 shall be $760,356,000,000. 

16 ‘‘(B) For fiscal year 2013, total outlays 

17 shall be $798,614,000,000. 

18 ‘‘(C) For fiscal year 2014, total outlays 

19 shall be $841,440,000,000. 

20 ‘‘(D) For fiscal year 2015, total outlays 

21 shall be $887,837,000,000. 

22 ‘‘(E) For fiscal year 2016, total outlays 

23 shall be $938,547,000,000. 

24 ‘‘(F) For fiscal year 2017, total outlays 

25 shall be $995,325,000,000. 


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1 ‘‘(G) For fiscal year 2018, total outlays 

2 shall be $1,057,552,000,000. 

3 ‘‘(H) For fiscal year 2019, total outlays 

4 shall be $1,123,629,000,000. 

5 ‘‘(I) For fiscal year 2020, total outlays 

6 shall be $1,193,747,000,000. 

7 ‘‘(J) For fiscal year 2021, total outlays 

8 shall be $1,265,566,000,000. 

9 ‘‘(2) EXCEPTION.—If the Congressional Budget 

10 Office determines that projected outlays are expected 

11 to exceed the limits specified above due to changes 

12 in cost-of-living adjustments contained in present 

13 law subsection (c) shall not apply. 

14 ‘‘(c) POINT OF ORDER IN THE SENATE.— 

15 ‘‘(1) WAIVER.—The provisions of this section 

16 shall be waived or suspended in the Senate only by 

17 the affirmative vote of two-thirds of the Members, 

18 duly chosen and sworn. 

19 ‘‘(2) APPEAL.—Appeals in the Senate from de20 cisions of the Chair relating to any provision of this 

21 section shall be limited to one hour, to be equally di22 vided between, and controlled by, the appellant and 

23 the manager of the measure. An affirmative vote of 

24 two-thirds of the Members of the Senate, duly cho25 sen and sworn, shall be required to sustain an apVerDate Mar 15 2010 23:22 Jul 11, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1340.PCS S1340

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1 peal of the ruling of the Chair on a point of order 

2 raised under this section. 

3 ‘‘SEC. 319. LIMITS FOR MEDICARE. 

4 ‘‘(a) IN GENERAL.—It shall not be in order in the 

5 House of Representatives or the Senate to consider any 

6 bill, joint resolution, amendment, or conference report that 

7 includes any provision that would cause total mandatory 

8 spending for Medicare (function 570) to exceed the limits 

9 specified in subsection (b). 

10 ‘‘(b) LIMITS.—For purposes of this section the limits 

11 are as follows: 

12 ‘‘(1) For fiscal year 2012, total outlays, exclud13 ing offsetting receipts, shall be $488,060,000,000. 

14 ‘‘(2) For fiscal year 2013, total outlays, exclud15 ing offsetting receipts, shall be $530,767,000,000. 

16 ‘‘(3) For fiscal year 2014, total outlays, exclud17 ing offsetting receipts, shall be $560,744,000,000. 

18 ‘‘(4) For fiscal year 2015, total outlays, exclud19 ing offsetting receipts, shall be $585,256,000,000. 

20 ‘‘(5) For fiscal year 2016, total outlays, exclud21 ing offsetting receipts, shall be $634,769,000,000. 

22 ‘‘(6) For fiscal year 2017, total outlays, exclud23 ing offsetting receipts, shall be $657,799,000,000. 

24 ‘‘(7) For fiscal year 2018, total outlays, exclud25 ing offsetting receipts, shall be $682,951,000,000. 


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1 ‘‘(8) For fiscal year 2019, total outlays, exclud2 ing offsetting receipts, shall be $745,186,000,000. 

3 ‘‘(9) For fiscal year 2020, total outlays, exclud4 ing offsetting receipts, shall be $800,853,000,000. 

5 ‘‘(10) For fiscal year 2021, total outlays, ex6 cluding offsetting receipts, shall be 

7 $858,830,000,000. 

8 ‘‘(c) POINT OF ORDER IN THE SENATE.— 

9 ‘‘(1) WAIVER.—The provisions of this section 

10 shall be waived or suspended in the Senate only by 

11 the affirmative vote of two-thirds of the Members, 

12 duly chosen and sworn. 

13 ‘‘(2) APPEAL.—Appeals in the Senate from de14 cisions of the Chair relating to any provision of this 

15 section shall be limited to one hour, to be equally di16 vided between, and controlled by, the appellant and 

17 the manager of the measure. An affirmative vote of 

18 two-thirds of the Members of the Senate, duly cho19 sen and sworn, shall be required to sustain an ap20 peal of the ruling of the Chair on a point of order 

21 raised under this section. 

22 ‘‘SEC. 320. LIMITS FOR MANDATORY FUNCTION 700 SPEND23 ING. 

24 ‘‘(a) IN GENERAL.—It shall not be in order in the 

25 House of Representatives or the Senate to consider any 


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1 bill, joint resolution, amendment, or conference report that 

2 includes any provision that would cause total mandatory 

3 spending for Veterans Benefits and Services (function 

4 700) to exceed the limits specified in subsection (b). 

5 ‘‘(b) LIMITS.—For purposes of this section the limits 

6 are as follows: 

7 ‘‘(1) For fiscal year 2012, total outlays shall 

8 not exceed $69,400,000,000. 

9 ‘‘(2) For fiscal year 2013, total outlays shall 

10 not exceed $69,400,000,000. 

11 ‘‘(3) For fiscal year 2014, total outlays shall 

12 not exceed $71,350,000,000. 

13 ‘‘(4) For fiscal year 2015, total outlays shall 

14 not exceed $73,300,000,000. 

15 ‘‘(5) For fiscal year 2016, total outlays shall 

16 not exceed $80,500,000,000. 

17 ‘‘(6) For fiscal year 2017, total outlays shall 

18 not exceed $77,310,000,000. 

19 ‘‘(7) For fiscal year 2018, total outlays shall 

20 not exceed $74,250,000,000. 

21 ‘‘(8) For fiscal year 2019, total outlays shall 

22 not exceed $81,600,000,000. 

23 ‘‘(9) For fiscal year 2020, total outlays shall 

24 not exceed $83,830,000,000. 


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1 ‘‘(10) For fiscal year 2021, total outlays shall 

2 not exceed $86,100,000,000. 

3 ‘‘(c) POINT OF ORDER IN THE SENATE.— 

4 ‘‘(1) WAIVER.—The provisions of this section 

5 shall be waived or suspended in the Senate only by 

6 the affirmative vote of two-thirds of the Members, 

7 duly chosen and sworn. 

8 ‘‘(2) APPEAL.—Appeals in the Senate from de9 cisions of the Chair relating to any provision of this 

10 section shall be limited to one hour, to be equally di11 vided between, and controlled by, the appellant and 

12 the manager of the measure. An affirmative vote of 

13 two-thirds of the Members of the Senate, duly cho14 sen and sworn, shall be required to sustain an ap15 peal of the ruling of the Chair on a point of order 

16 raised under this section.’’. 

17 SEC. 203. STATUTORY ENFORCEMENT OF SPENDING CAPS 

18 THROUGH SEQUESTRATION. 

19 The Balanced Budget and Emergency Deficit Control 

20 Act of 1985 is amended by inserting after section 253 the 

21 following: 

22 ‘‘SEC. 253A. ENFORCEMENT OF DISCRETIONARY AND MAN23 DATORY CAPS. 

24 ‘‘(a) ANNUAL REPORT AND SEQUESTRATION

25 ORDER.— 


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1 ‘‘(1) REPORT.—Not later than 30 calendar 

2 days following the start of each fiscal year, the Of3 fice of Management and Budget shall make publicly 

4 available and cause to be printed in the Federal 

5 Register an annual report containing expected budg6 et authority and outlays for the categories and limits 

7 established in sections 316 through 320 of the Con8 gressional Budget Act of 1974. The limits estab9 lished in such sections shall be enforced without re10 gard to the waiver of such limits by either House. 

11 ‘‘(2) ORDER.—If the annual report issued by 

12 OMB, as required by paragraph (1), shows any cat13 egory exceeding specified spending caps, OMB shall 

14 prepare and the President shall issue and include in 

15 that report a sequestration order that, upon 

16 issuance, shall reduce budgetary resources by an 

17 amount sufficient to bring spending in line with that 

18 category’s statutory cap. 

19 ‘‘(3) EFFECTIVE DATE.—The sequestration 

20 order shall take effect no later than 60 days after 

21 completion by the OMB. 

22 ‘‘(b) CALCULATING A SEQUESTRATION.— 

23 ‘‘(1) IN GENERAL.—OMB shall calculate the 

24 uniform percentage each program within a category 

25 that has exceeded its spending cap shall be reduced 


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1 to bring that category’s budget authority and/or out2 lays in line with the limits referred to in subsection 

3 (a)(1). 

4 ‘‘(2) IMPLEMENTATION.—The sequesters shall 

5 be implemented as follows: 

6 ‘‘(A) For the discretionary limits in section 

7 316 of the Congressional Budget Act of 1974, 

8 pursuant to the section 251 with each category 

9 sequestered separately. 

10 ‘‘(B) For the mandatory limits in section 

11 317 of the Congressional Budget Act of 1974, 

12 pursuant to the Statutory Pay-As-You-Go Act 

13 of 2010, except that section 7 of such Act shall 

14 not apply. 

15 ‘‘(C) For the Social Security limits in sec16 tion 318 of the Congressional Budget Act of 

17 1974, the Social Security Administration shall 

18 modify the program so that all benefits and ad19 ministrative expenses are reduced in a uniform 

20 fashion by a percentage sufficient to allow the 

21 program to operate under its cap. 

22 ‘‘(D) For the Medicare limit in section 319 

23 of the Congressional Budget Act of 1974, the 

24 Centers for Medicare & Medicaid Services 

25 (CMS) shall modify the program so that all 


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1 outlays are reduced by a uniform percentage 

2 sufficient to bring the program under its cap. 

3 ‘‘(E) For the Veterans Benefits and Serv4 ices limit in section 320 of the Congressional 

5 Budget Act of 1974, the Secretary of Defense 

6 and the Secretary of Veterans Affairs shall 

7 modify the program so that the program oper8 ates under its spending cap. 

9 ‘‘(c) MODIFICATION OF PRESIDENTIAL ORDER.— 

10 ‘‘(1) IN GENERAL.—At any time after the Di11 rector of OMB issues a sequestration report, Con12 gress may override the order through the passage of 

13 a law that either waves or supersedes the spending 

14 limitations for that category of federal spending for 

15 that fiscal year. 

16 ‘‘(2) SENATE.—In the Senate, any motion to 

17 move to consideration of a bill to waive, modify, or 

18 in any way alter a sequestration order shall be sub19 ject to a point of order that can only be waived 

20 through an affirmative vote of two-thirds of the 

21 Members, duly chosen and sworn. This point of 

22 order shall not apply to defense spending while the 

23 nation is engaged in a conflict which has been justi24 fied through a declaration of war or a Congressional 

25 authorization of force.’’. 


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1 TITLE III—BALANCE 

2 SEC. 301. REQUIREMENT THAT BBA BE SUBMITTED TO 

3 STATES. 

4 (a) IN GENERAL.—The Secretary of the Treasury 

5 shall not exercise the additional borrowing authority under 

6 subsection (b) of section 3101 of title 31, United States 

7 Code until the date that the Archivist of the United States 

8 transmits to the States S.J. Res. 10 as introduced on 

9 March 31, 2011, a balanced budget amendment to the 

10 Constitution, or a similar amendment provided it requires 

11 that total outlays not exceed total receipts, that contains 

12 a spending limitation as a percentage of GDP, and re13 quires that tax increases be approved by a super-majority 

14 vote in both houses of Congress, for their ratification. 

15 (b) AMENDMENT TO TITLE 31.—Effective on the 

16 date that the Archivist of the United States transmits to 

17 the States S.J. Res. 10, a balanced budget amendment 

18 to the Constitution, or a similar amendment provided it 

19 requires that total outlays not exceed total receipts, that 

20 contains a spending limitation as a percentage of GDP, 

21 and requires that tax increases be approved by a super22 majority vote in both houses of Congress, for their ratifi23 cation, subsection (b) of section 3101 of title 31, United 

24 States Code, is amended by striking the dollar limitation 


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1 contained in such subsection and inserting 

2 $16,700,000,000,000. 


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Calendar No. 97 

112TH CONGRESS 

1ST SESSION S. 1340 

A BILL 

To cut, cap, and balance the Federal budget. 

JULY 11, 2011 

Read the second time and placed on the calendar 


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