II 

110TH CONGRESS 

1ST SESSION S. 10 

To reinstate the pay-as-you-go requirement and reduce budget deficits by 

strengthening budget enforcement and fiscal responsibility. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. REID (for himself, Mr. CONRAD, Mr. FEINGOLD, Mr. SCHUMER, Mr. 

SALAZAR, Ms. CANTWELL, Mr. LEAHY, Ms. STABENOW, Mr. MENENDEZ, 

Mr. KERRY, Mr. HARKIN, Ms. LANDRIEU, Mr. DURBIN, Mr. OBAMA, and 

Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on the Budget 

A BILL 

To reinstate the pay-as-you-go requirement and reduce budget deficits by strengthening budget enforcement and fiscal responsibility. 

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 ‘‘Restoring Fiscal Dis5 cipline Act of 2007’’. 

6 SEC. 2. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE. 

7 (a) PAY-AS-YOU-GO POINT OF ORDER IN THE SEN8 ATE.— 


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1 (1) IN GENERAL.—For purposes of Senate en2 forcement, it shall not be in order in the Senate to 

3 consider any direct spending or revenue legislation 

4 that would increase the on-budget deficit or cause an 

5 on-budget deficit for any one of the 4 applicable 

6 time periods as measured in paragraphs (5) and (6). 

7 (2) APPLICABLE TIME PERIODS.—For purposes 

8 of this subsection, the term ‘‘applicable time peri9 ods’’ means any 1 of the 4 following periods: 

10 (A) The current year. 

11 (B) The budget year. 

12 (C) The period of the 5 fiscal years fol13 lowing the current year. 

14 (D) The period of the 5 fiscal years fol15 lowing the 5 fiscal years referred to in subpara16 graph (C). 

17 (3) DIRECT-SPENDING LEGISLATION.—For pur18 poses of this subsection and except as provided in 

19 paragraph (4), the term ‘‘direct-spending legisla20 tion’’ means any bill, joint resolution, amendment, 

21 motion, or conference report that affects direct 

22 spending as that term is defined by, and interpreted 

23 for purposes of, the Balanced Budget and Emer24 gency Deficit Control Act of 1985. 


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1 (4) EXCLUSION.—For purposes of this sub2 section, the terms ‘‘direct-spending legislation’’ and 

3 ‘‘revenue legislation’’ do not include— 

4 (A) any concurrent resolution on the budg5 et; or 

6 (B) any provision of legislation that affects 

7 the full funding of, and continuation of, the de8 posit insurance guarantee commitment in effect 

9 on the date of enactment of the Budget En10 forcement Act of 1990. 

11 (5) BASELINE.—Estimates prepared pursuant 

12 to this section shall— 

13 (A) use the baseline surplus or deficit used 

14 for the most recently adopted concurrent resolu15 tion on the budget; and 

16 (B) be calculated under the requirements 

17 of subsections (b) through (d) of section 257 of 

18 the Balanced Budget and Emergency Deficit 

19 Control Act of 1985 for fiscal years beyond 

20 those covered by that concurrent resolution on 

21 the budget. 

22 (6) PRIOR SURPLUS.—If direct spending or rev23 enue legislation increases the on-budget deficit or 

24 causes an on-budget deficit when taken individually, 

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


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1 an on-budget deficit when taken together with all di2 rect spending and revenue legislation enacted since 

3 the beginning of the calendar year not accounted for 

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

5 direct spending or revenue effects resulting in net 

6 deficit reduction enacted pursuant to reconciliation 

7 instructions since the beginning of that same cal8 endar year shall not be available. 

9 (b) WAIVER.—This section may be waived or sus10 pended in the Senate only by the affirmative vote of three11 fifths of the Members, duly chosen and sworn. 

12 (c) APPEALS.—Appeals in the Senate from the deci13 sions of the Chair relating to any provision of this section 

14 shall be limited to 1 hour, to be equally divided between, 

15 and controlled by, the appellant and the manager of the 

16 bill or joint resolution, as the case may be. An affirmative 

17 vote of three-fifths of the Members of the Senate, duly 

18 chosen and sworn, shall be required to sustain an appeal 

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

20 this section. 

21 (d) DETERMINATION OF BUDGET LEVELS.—For 

22 purposes of this section, the levels of new budget author23 ity, outlays, and revenues for a fiscal year shall be deter24 mined on the basis of estimates made by the Committee 

25 on the Budget of the Senate. 


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

2 30, 2012. 

3 SEC. 3. RECONCILIATION FOR DEFICIT REDUCTION OR IN4 CREASING THE SURPLUS IN THE SENATE. 

5 (a) IN GENERAL.—It shall not be in order in the Sen6 ate to consider under the expedited procedures applicable 

7 to reconciliation in sections 305 and 310 of the Congres8 sional Budget Act of 1974 any bill, resolution, amend9 ment, amendment between Houses, motion, or conference 

10 report that increases the deficit or reduces the surplus in 

11 the first fiscal year covered by the most recently adopted 

12 concurrent resolution on the budget, the period of the first 

13 5 fiscal years covered by the most recently adopted concur14 rent resolution on the budget, or the period of the 5 fiscal 

15 years following the first 5 fiscal years covered by the most 

16 recently adopted concurrent resolution on the budget. 

17 (b) BUDGET RESOLUTION.—It shall not be in order 

18 in the Senate to consider pursuant to sections 301, 305, 

19 or 310 of the Congressional Budget Act of 1974 per20 taining to concurrent resolutions on the budget any resolu21 tion, concurrent resolution, amendment, amendment be22 tween the Houses, motion, or conference report that con23 tains any reconciliation directive that would increase the 

24 deficit or reduce the surplus in the first fiscal year covered 

25 by the most recently adopted concurrent resolution on the 


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1 budget, the period of the first 5 fiscal years covered by 

2 the most recently adopted concurrent resolution on the 

3 budget, or the period of the 5 fiscal years following the 

4 first 5 fiscal years covered by the most recently adopted 

5 concurrent resolution on the budget. 

6 (c) SUPERMAJORITY WAIVER AND APPEAL.—This 

7 section may be waived or suspended in the Senate only 

by an affirmative vote of 3 8 ⁄5 of the Members, duly chosen 

and sworn. An affirmative vote of 3 9 ⁄5 of the Members of 

10 the Senate, duly chosen and sworn, shall be required in 

11 the Senate to sustain an appeal of the ruling of the Chair 

12 on a point of order raised under this section. 

Æ 


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