II 

110TH CONGRESS 

1ST SESSION S. 15 

To establish a new budget process to create a comprehensive plan to rein 

in spending, reduce the deficit, and regain control of the Federal budget 

process. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2007 

Mr. GREGG (for himself, Mr. MCCONNELL, Mr. KYL, Mr. DOMENICI, Mr. ALLARD, Mr. ENZI, Mr. BUNNING, Mr. CRAPO, Mr. ENSIGN, Mr. CORNYN, 

Mr. GRAHAM, Mr. SESSIONS, Mr. ALEXANDER, Mr. BROWNBACK, Mr. 

CRAIG, Mr. SUNUNU, Mr. MARTINEZ, Mr. THOMAS, Mr. VITTER, Mr. 

CHAMBLISS, Mr. ISAKSON, Mrs. DOLE, Mr. DEMINT, Mr. VOINOVICH, 

Mr. THUNE, and Mr. LOTT) introduced the following bill; which was read 

twice and referred to the Committee on the Budget 

A BILL 

To establish a new budget process to create a comprehensive 

plan to rein in spending, reduce the deficit, and regain 

control of the Federal budget process. 

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: TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Stop Over Spending Act of 2007’’. 

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

7 this Act is as follows: 

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Sec. 1. Short title: table of contents. 

Sec. 2. Purposes. 

Sec. 3. Severability. 

TITLE I—SECOND LOOK AT WASTEFUL SPENDING ACT OF 2007 

Sec. 101. Short title. 

Sec. 102. Enhanced rescission authority. 

TITLE II—DEFICIT REDUCTION 

Subtitle A—Definitions, Administration, and Sequestration 

Sec. 201. Definitions. 

Sec. 202. Administration, reconciliation, and effect of sequestration. 

Sec. 203. GAO compliance report. 

Subtitle B—Discretionary Spending Limits 

Sec. 211. Discretionary Sequestration Reports. 

Sec. 212. Limits. 

Subtitle C—Maximum Deficit Amount Limitation 

Sec. 221. Maximum deficit amount. 

Sec. 222. Reporting of excess deficits. 

Sec. 223. Congressional response to OMB and CBO Reconciliation Report. 

Sec. 224. Revised estimates and final maximum deficit amount sequestration 

reports. 

Sec. 225. Maximum deficit amount-presidential order. 

Sec. 226. Congressional response to low growth. 

Sec. 227. Exemptions from sequestration. 

Sec. 228. Submission of President’s budget; maximum deficit amount may not 

be exceeded. 

TITLE III—BIENNIAL BUDGET AND APPROPRIATIONS 

Sec. 301. Revision of timetable. 

Sec. 302. Amendments to the Congressional Budget and Impoundment Control 

Act of 1974. 

Sec. 303. Amendments to title 31, United States Code. 

Sec. 304. Two-year appropriations; title and style of appropriations Acts. 

Sec. 305. Multiyear authorizations. 

Sec. 306. Government plans on a biennial basis. 

Sec. 307. Biennial appropriation bills. 

Sec. 308. Report on changes in law. 

Sec. 309. Effective date. 

TITLE IV—COMMISSIONS 

Subtitle A—National Commission on Entitlement Solvency 

Sec. 401. Definitions. 

Sec. 402. Establishment of Commission. 

Sec. 403. Expedited consideration of Commission recommendations. 

Subtitle B—Commission on Congressional Budgetary Accountability and 

Review of Federal Agencies 

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Sec. 411. Definitions. 

Sec. 412. Establishment of Commission. 

Sec. 413. Duties of the Commission. 

Sec. 414. Powers of the Commission. 

Sec. 415. Commission personnel matters. 

Sec. 416. Expedited Consideration of reform proposals. 

Sec. 417. Termination of the Commission. 

Sec. 418. Authorization of appropriations. 

TITLE V—BUDGET PROCESS REFORMS 

Sec. 501. Definitions. 

Sec. 502. Annual Concurrent Resolution on the Budget. 

Sec. 503. Committee allocations. 

Sec. 504. Budget resolution adoption. 

Sec. 505. Procedure in the Senate for budget resolutions. 

Sec. 506. Budget projections. 

Sec. 507. Reconciliation. 

Sec. 508. Budgeting levels. 

Sec. 509. Determinations and points of order. 

Sec. 510. Extraneous matter in reconciliation legislation. 

Sec. 511. Adjustments. 

Sec. 512. Direct spending limitation. 

Sec. 513. Point of order against legislation that raises income tax rates. 

Sec. 514. Circuit breaker to protect Social Security. 

Sec. 515. Limitation on long-term spending proposals. 

Sec. 516. Avoiding paygo point of order. 

Sec. 517. Pay-as-you-go point of order in the Senate. 

Sec. 518. Appropriations requests of the President. 

Sec. 519. Budget baseline. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are to— 

3 (1) enable the President and Congress to re4 scind wasteful spending in an expedited manner; 

5 (2) effectively balance the budget by 2012; 

6 (3) reinstate statutory discretionary caps; 

7 (4) reduce the practice of using spending des8 ignated as an ‘‘emergency’’ as a mechanism to cir9 cumvent spending caps; 

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1 (5) establish targets for the deficit as its share 

2 of the United States economy, specifically as a per3 centage of Gross Domestic Product; 

4 (6) require automatic spending reduction rec5 onciliation directives to achieve annual deficit tar6 gets; 

7 (7) put in place automatic sequester procedures 

8 to reduce discretionary and mandatory spending 

9 when either statutory caps have been exceeded or 

10 deficit targets have not been met; 

11 (8) require Congress to act upon legislation to 

12 ensure the solvency of the Social Security and Medi13 care Programs; 

14 (9) require Congress to act upon legislation to 

15 identify and eliminate waste and duplication in Fed16 eral programs; 

17 (10) establish biennial budgeting; 

18 (11) strengthen and improve the Congressional 

19 budget resolution and reconciliation process; and 

20 (12) provide short-term and long-term solutions 

21 to ensure the financial security of our Nation so that 

22 our children and grandchildren will not be saddled 

23 with insurmountable debt. 

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1 SEC. 3. SEVERABILITY. 

2 If any provision of this Act, an amendment made by 

3 this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, the amendments made 

6 by this Act, and the application of the provisions of such 

7 to any person or circumstance shall not be affected there8 by. 

9 TITLE I—SECOND LOOK AT 

10 WASTEFUL SPENDING ACT OF 

11 2007 

12 SEC. 101. SHORT TITLE. 

13 This title may be cited as the ‘‘Second Look at 

14 Wasteful Spending Act of 2007’’. 

15 SEC. 102. ENHANCED RESCISSION AUTHORITY. 

16 (a) IN GENERAL.—Title X of the Congressional 

17 Budget and Impoundment Control Act of 1974 (2 U.S.C. 

18 621 et seq.) is amended by striking part C and inserting 

19 the following: 

20 ‘‘PART C—ENHANCED RESCISSION AUTHORITY 

21 ‘‘SEC. 1021. EXPEDITED CONSIDERATION OF CERTAIN PRO22 POSED RESCISSIONS. 

23 ‘‘(a) PROPOSED RESCISSIONS.—The President may 

24 send a special message, at the time and in the manner 

25 provided in subsection (b), that proposes to rescind dollar 

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1 amounts of discretionary budget authority, items of direct 

2 spending, and targeted tax benefits. 

3 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— 

4 ‘‘(1) SPECIAL MESSAGE.— 

5 ‘‘(A) IN GENERAL.— 

6 ‘‘(i) FOUR MESSAGES.—The President 

7 may transmit to Congress not to exceed 4 

8 special messages per calendar year, pro9 posing to rescind dollar amounts of discre10 tionary budget authority, items of direct 

11 spending, and targeted tax benefits. 

12 ‘‘(ii) TIMING.—Subject to clause (iii), 

13 special messages may be transmitted under 

14 clause (i)— 

15 ‘‘(I) with the President’s budget 

16 submitted pursuant to section 1105 of 

17 title 31, United States Code, for any 

18 proposed rescission enacted after the 

19 date the President submitted the pre20 ceding budget; and 

21 ‘‘(II) 3 other times as determined 

22 by the President, except that the mes23 sage shall be submitted within the 30 

24 calendar day period (excluding Satur25 days, Sundays, and legal holidays) 

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1 commencing on the day after the date 

2 of enactment of any dollar amount of 

3 discretionary budget authority, item 

4 of direct spending, or targeted tax 

5 benefit the President proposes to re6 scind pursuant to this section. 

7 ‘‘(iii) LIMITATIONS.— 

8 ‘‘(I) RESUBMITTAL REJECTED.— 

9 If Congress rejects a bill introduced 

10 under this part or if an item is strick11 en under subsection (d)(2) from a bill 

12 that is enacted into law, the President 

13 may not resubmit that item or any of 

14 the dollar amounts of discretionary 

15 budget authority, items of direct 

16 spending, or targeted tax benefits in 

17 that bill under this part, or part B 

18 with respect to dollar amounts of dis19 cretionary budget authority. 

20 ‘‘(II) RESUBMITTAL AFTER SINE

21 DIE.—If Congress does not complete 

22 action on a bill introduced under this 

23 part because Congress adjourns sine 

24 die, the President may resubmit some 

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1 tionary budget authority, items of di2 rect spending, and targeted tax bene3 fits in that bill in not more than 1 

4 subsequent special message under this 

5 part, or part B with respect to dollar 

6 amounts of discretionary budget au7 thority. 

8 ‘‘(B) CONTENTS OF SPECIAL MESSAGE.— 

9 Each special message shall specify, with respect 

10 to the dollar amount of discretionary budget au11 thority, item of direct spending, or targeted tax 

12 benefit proposed to be rescinded— 

13 ‘‘(i) the dollar amount of discretionary 

14 budget authority available and proposed 

15 for rescission from accounts, departments, 

16 or establishments of the Government and 

17 the dollar amount of the reduction in out18 lays that would result from the enactment 

19 of such rescission of discretionary budget 

20 authority for the time periods set forth in 

21 clause (iii); 

22 ‘‘(ii) the specific items of direct spend23 ing and targeted tax benefits proposed for 

24 rescission and the dollar amounts of the 

25 reductions in budget authority and outlays 

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1 or increases in receipts that would result 

2 from enactment of such rescission for the 

3 time periods set forth in clause (iii); 

4 ‘‘(iii) the budgetary effects of pro5 posals for rescission, estimated as of the 

6 date the President submits the special 

7 message, relative to the most recent levels 

8 calculated consistent with the methodology 

9 described in section 257 of the Balanced 

10 Budget and Emergency Deficit Control Act 

11 of 1985 and included with a budget sub12 mission under section 1105(a) of title 31, 

13 United States Code, for the time periods 

14 of— 

15 ‘‘(I) the fiscal year in which the 

16 proposal is submitted; and 

17 ‘‘(II) each of the 10 following fis18 cal years beginning with the fiscal 

19 year after the fiscal year in which the 

20 proposal is submitted; 

21 ‘‘(iv) any account, department, or es22 tablishment of the Government to which 

23 such dollar amount of discretionary budget 

24 authority or item of direct spending is 

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1 available for obligation, and the specific 

2 project or governmental functions involved; 

3 ‘‘(v) the reasons why such dollar 

4 amount of discretionary budget authority 

5 or item of direct spending or targeted tax 

6 benefit should be rescinded; 

7 ‘‘(vi) the estimated fiscal and eco8 nomic impacts, of the proposed rescission; 

9 ‘‘(vii) to the maximum extent prac10 ticable, all facts, circumstances, and con11 siderations relating to or bearing upon the 

12 proposed rescission and the decision to ef13 fect the proposed rescission, and the esti14 mated effect of the proposed rescission 

15 upon the objects, purposes, and programs 

16 for which the budget authority or items of 

17 direct spending or targeted tax benefits are 

18 provided; and 

19 ‘‘(viii) a draft bill that, if enacted, 

20 would rescind the budget authority, items 

21 of direct spending and targeted tax bene22 fits proposed to be rescinded in that spe23 cial message. 

24 ‘‘(2) ANALYSIS BY CONGRESSIONAL BUDGET

25 OFFICE AND JOINT COMMITTEE ON TAXATION.— 

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1 ‘‘(A) IN GENERAL.—Upon the receipt of a 

2 special message under this part proposing to re3 scind dollar amounts of discretionary budget 

4 authority, items of direct spending, and tar5 geted tax benefits— 

6 ‘‘(i) the Director of the Congressional 

7 Budget Office shall prepare an estimate of 

8 the savings in budget authority or outlays 

9 resulting from such proposed rescission 

10 and shall include in its estimate, an anal11 ysis prepared by the Joint Committee on 

12 Taxation related to targeted tax benefits; 

13 and 

14 ‘‘(ii) the Director of the Joint Com15 mittee on Taxation shall prepare an esti16 mate and forward such estimate to the 

17 Congressional Budget Office, of the sav18 ings from repeal of targeted tax benefits. 

19 ‘‘(B) METHODOLOGY.—The estimates re20 quired by subparagraph (A) shall be made rel21 ative to the most recent levels calculated con22 sistent with the methodology used to calculate 

23 a baseline under section 257 of the Balanced 

24 Budget and Emergency Control Act of 1985 

25 and included with a budget submission under 

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1 section 1105(a) of title 31, United States Code, 

2 and transmitted to the chairmen of the Com3 mittees on the Budget of the House of Rep4 resentatives and Senate. 

5 ‘‘(3) ENACTMENT OF RESCISSION BILL.— 

6 ‘‘(A) DEFICIT REDUCTION.—Amounts of 

7 budget authority or items of direct spending or 

8 targeted tax benefit that are rescinded pursuant 

9 to enactment of a bill as provided under this 

10 part shall be dedicated only to deficit reduction 

11 and shall not be used as an offset for other 

12 spending increases or revenue reductions. 

13 ‘‘(B) ADJUSTMENT OF BUDGET TAR14 GETS.—Not later than 5 days after the date of 

15 enactment of a rescission bill as provided under 

16 this part, the chairs of the Committees on the 

17 Budget of the Senate and the House of Rep18 resentatives shall revise spending and revenue 

19 levels under section 311(a) of the Congressional 

20 Budget Act of 1974 and adjust the committee 

21 allocations under section 302(a) of the Congres22 sional Budget Act of 1974 or any other adjust23 ments as may be appropriate to reflect the re24 scission. The adjustments shall reflect the 

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1 mated by the President pursuant to paragraph 

2 (1)(B)(iii). The appropriate committees shall 

3 report revised allocations pursuant to section 

4 302(b) of the Congressional Budget Act of 

5 1974. Notwithstanding any other provision of 

6 law, the revised allocations and aggregates shall 

7 be considered to have been made under a con8 current resolution on the budget agreed to 

9 under the Congressional Budget Act of 1974 

10 and shall be enforced under the procedures of 

11 that Act. 

12 ‘‘(C) ADJUSTMENTS TO CAPS.—After en13 actment of a rescission bill as provided under 

14 this part, the President shall revise applicable 

15 limits under the Second Look at Wasteful 

16 Spending Act of 2007, as appropriate. 

17 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER18 ATION.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) INTRODUCTION.—Before the close of 

21 the second day of session of the Senate and the 

22 House of Representatives, respectively, after the 

23 date of receipt of a special message transmitted 

24 to Congress under subsection (b), the majority 

25 leader of each House, for himself, or minority 

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1 leader of each House, for himself, or a Member 

2 of that House designated by that majority lead3 er or minority leader shall introduce (by re4 quest) the President’s draft bill to rescind the 

5 amounts of budget authority or items of direct 

6 spending or targeted tax benefits, as specified 

7 in the special message and the President’s draft 

8 bill. If the bill is not introduced as provided in 

9 the preceding sentence in either House, then, 

10 on the third day of session of that House after 

11 the date of receipt of that special message, any 

12 Member of that House may introduce the bill. 

13 ‘‘(B) REFERRAL AND REPORTING.— 

14 ‘‘(i) ONE COMMITTEE.—The bill shall 

15 be referred by the presiding officer to the 

16 appropriate committee. The committee 

17 shall report the bill without any revision 

18 and with a favorable, an unfavorable, or 

19 without recommendation, not later than 

20 the fifth day of session of that House after 

21 the date of introduction of the bill in that 

22 House. If the committee fails to report the 

23 bill within that period, the committee shall 

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1 ation of the bill, and the bill shall be 

2 placed on the appropriate calendar. 

3 ‘‘(ii) MULTIPLE COMMITTEES.— 

4 ‘‘(I) REFERRALS.—If a bill con5 tains provisions in the jurisdiction of 

6 more than 1 committee, the bill shall 

7 be jointly referred to the committees 

8 of jurisdiction and the Committee on 

9 the Budget. 

10 ‘‘(II) VIEWS OF COMMITTEE.— 

11 Any committee, other than the Com12 mittee on the Budget, to which a bill 

13 is referred under this clause may sub14 mit a favorable, an unfavorable rec15 ommendation, without recommenda16 tion with respect to the bill to the 

17 Committee on the Budget prior to the 

18 reporting or discharge of the bill. 

19 ‘‘(III) REPORTING.—The Com20 mittee on the Budget shall report the 

21 bill not later than the fifth day of ses22 sion of that House after the date of 

23 introduction of the bill in that House, 

24 without any revision and with a favor25 able or unfavorable recommendation, 

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1 or with no recommendation, together 

2 with the recommendations of any 

3 committee to which the bill has been 

4 referred. 

5 ‘‘(IV) DISCHARGE.—If the Com6 mittee on the Budget fails to report 

7 the bill within that period, the com8 mittee shall be automatically dis9 charged from consideration of the bill, 

10 and the bill shall be placed on the ap11 propriate calendar. 

12 ‘‘(C) FINAL PASSAGE.—A vote on final 

13 passage of the bill shall be taken in the Senate 

14 and the House of Representatives on or before 

15 the close of the 10th day of session of that 

16 House after the date of the introduction of the 

17 bill in that House. If the bill is passed, the 

18 Clerk of the House of Representatives shall 

19 cause the bill to be transmitted to the Senate 

20 before the close of the next day of session of the 

21 House. 

22 ‘‘(2) CONSIDERATION IN THE HOUSE OF REP23 RESENTATIVES.— 

24 ‘‘(A) MOTION TO PROCEED TO CONSIDER25 ATION.—A motion in the House of RepresentaVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 tives to proceed to the consideration of a bill 

2 under this subsection shall be highly privileged 

3 and not debatable. An amendment to the mo4 tion shall not be in order, nor shall it be in 

5 order to move to reconsider the vote by which 

6 the motion is agreed to or disagreed to. 

7 ‘‘(B) LIMITS ON DEBATE.—Debate in the 

8 House of Representatives on a bill under this 

9 subsection shall not exceed 4 hours, which shall 

10 be divided equally between those favoring and 

11 those opposing the bill. A motion further to 

12 limit debate shall not be debatable. It shall not 

13 be in order to move to recommit a bill under 

14 this subsection or to move to reconsider the 

15 vote by which the bill is agreed to or disagreed 

16 to. 

17 ‘‘(C) APPEALS.—Appeals from decisions of 

18 the chair relating to the application of the 

19 Rules of the House of Representatives to the 

20 procedure relating to a bill under this part shall 

21 be decided without debate. 

22 ‘‘(D) APPLICATION OF HOUSE RULES.— 

23 Except to the extent specifically provided in this 

24 part, consideration of a bill under this part 

25 shall be governed by the Rules of the House of 

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1 Representatives. It shall not be in order in the 

2 House of Representatives to consider any bill 

3 introduced pursuant to the provisions of this 

4 part under a suspension of the rules or under 

5 a special rule. 

6 ‘‘(3) CONSIDERATION IN THE SENATE.— 

7 ‘‘(A) MOTION TO PROCEED TO CONSIDER8 ATION.—A motion to proceed to the consider9 ation of a bill under this subsection in the Sen10 ate shall not be debatable. A motion to proceed 

11 to consideration of the bill may be made even 

12 though a previous motion to the same effect has 

13 been disagreed to. It shall not be in order to 

14 move to reconsider the vote by which the mo15 tion to proceed is agreed to or disagreed to. 

16 ‘‘(B) LIMITS ON DEBATE.—Debate in the 

17 Senate on a bill under this subsection, and all 

18 debatable motions and appeals in connection 

19 therewith, shall not exceed a total of 10 hours, 

20 equally divided and controlled in the usual 

21 form. 

22 ‘‘(C) DEBATABLE MOTIONS AND AP23 PEALS.—Debate in the Senate on any debatable 

24 motion or appeal in connection with a bill under 

25 this subsection shall be limited to not more 

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1 than 1 hour from the time allotted for debate, 

2 to be equally divided and controlled in the usual 

3 form. 

4 ‘‘(D) MOTION TO LIMIT DEBATE.—A mo5 tion in the Senate to further limit debate on a 

6 bill under this subsection is not debatable. 

7 ‘‘(E) MOTION TO RECOMMIT.—A motion to 

8 recommit a bill under this subsection is not in 

9 order. 

10 ‘‘(F) CONSIDERATION OF THE HOUSE

11 BILL.— 

12 ‘‘(i) IN GENERAL.—If the Senate has 

13 received the House companion bill to the 

14 bill introduced in the Senate prior to the 

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

16 the Senate shall consider, and the vote 

17 under paragraph (1)(C) shall occur on, the 

18 House companion bill. 

19 ‘‘(ii) PROCEDURE AFTER VOTE ON

20 SENATE BILL.—If the Senate votes, pursu21 ant to paragraph (1)(C), on the bill intro22 duced in the Senate, the Senate bill shall 

23 be held pending receipt of the House mes24 sage on the bill. Upon receipt of the House 

25 companion bill, the House bill shall be 

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1 deemed to be considered, read for the third 

2 time, and the vote on passage of the Sen3 ate bill shall be considered to be the vote 

4 on the bill received from the House. 

5 ‘‘(4) CONFERENCE.— 

6 ‘‘(A) PROCEEDING TO CONFERENCE.—If, 

7 after a bill is agreed to in the Senate or House 

8 of Representatives, the bill has been amended, 

9 the bill shall be deemed to be at a stage of dis10 agreement and motions to proceed to conference 

11 are deemed to be agreed to. There shall be no 

12 motions to instruct. The Senate and the House 

13 of Representatives shall appoint conferees not 

14 later than 1 day of session after the vote of the 

15 second House under paragraph (1)(C). Debate 

16 on any debatable motion in relation to the con17 ference report shall be limited to 1 hour to be 

18 equally divided between and controlled by the 

19 mover and manager of a bill, or their designees. 

20 ‘‘(B) PERIOD OF CONSIDERATION.—A con21 ference report on a bill considered under this 

22 section shall be reported out not later than 3 

23 days of session after the vote of the second 

24 House under paragraph (1)(C). If the 2 Houses 

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1 mittee on conference shall report out the text of 

2 the President’s original bill. 

3 ‘‘(C) SCOPE OF CONFERENCE.—The mat4 ter committed to conference for purposes of 

5 scope of conference shall be limited to the mat6 ter stricken from the text of the bills passed by 

7 the Senate and the House of Representatives. 

8 ‘‘(D) PROCEDURE.—Debate on a con9 ference report on any bill considered under this 

10 section shall be limited to 2 hours equally di11 vided between the manager of the conference 

12 report and the minority leader, or his designee. 

13 ‘‘(E) FINAL PASSAGE.—A vote on final 

14 passage of the conference report shall be taken 

15 in the Senate and the House of Representatives 

16 on or before the close of the second day of ses17 sion of that House after the date the conference 

18 report is submitted in that House. If the con19 ference report is passed, the Secretary of the 

20 Senate or the Clerk of the House of Represent21 atives, as the case may be, shall cause the con22 ference report to be transmitted to the other 

23 House before the close of the next day of ses24 sion of that House. 

25 ‘‘(F) ACTION OF SECOND HOUSE.— 

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1 ‘‘(i) IN GENERAL.—If the Senate has 

2 received from the House, the conference 

3 report in relation to the special message 

4 from the President, prior to the vote re5 quired under subparagraph (E), then the 

6 Senate shall consider, and the vote under 

7 subparagraph (E) shall occur on the House 

8 conference report. 

9 ‘‘(ii) PROCEDURE AFTER VOTE ON

10 SENATE CONFERENCE REPORT.—If the 

11 Senate votes, pursuant to subparagraph 

12 (E), on the conference report in relation to 

13 the special message from the President, 

14 then immediately following that vote, or 

15 upon receipt of the House conference re16 port, the House conference report shall be 

17 deemed to be considered, read the third 

18 time, and the vote on passage of the Sen19 ate conference report shall be considered to 

20 be the vote on the conference report re21 ceived from the House. 

22 ‘‘(d) AMENDMENTS AND DIVISIONS PROHIBITED.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), no amendment to a bill considered under 

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1 this section shall be in order in either the Senate or 

2 the House of Representatives. 

3 ‘‘(2) MOTION TO STRIKE.— 

4 ‘‘(A) SENATE.—During consideration of a 

5 bill in the Senate, any Member of the Senate 

6 may move to strike any proposed rescission of 

7 a dollar amount of discretionary budget author8 ity, an item of direct spending, or a targeted 

9 tax benefit if supported by 11 other Members. 

10 ‘‘(B) HOUSE.—During consideration of a 

11 bill in the House of Representatives, any Mem12 ber of the House of Representatives may move 

13 to strike any proposed rescission of a dollar 

14 amount of discretionary budget authority, an 

15 item of direct spending, or a targeted tax ben16 efit if supported by 49 other Members. 

17 ‘‘(3) NO DIVISION.—It shall not be in order to 

18 demand a division of any motions to strike in the 

19 Senate, or the division of the question in the House 

20 of Representatives (or in a Committee of the Whole). 

21 ‘‘(4) NO SUSPENSION.—No motion to suspend 

22 the application of this subsection shall be in order 

23 in the Senate or in the House of Representatives, 

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1 tives to suspend the application of this subsection by 

2 unanimous consent. 

3 ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY TO

4 WITHHOLD.— 

5 ‘‘(1) AVAILABILITY.—The President may not 

6 withhold any dollar amount of discretionary budget 

7 authority until the President transmits and Congress 

8 receives a special message pursuant to subsection 

9 (b). Upon receipt by Congress of a special message 

10 pursuant to subsection (b), the President may direct 

11 that any dollar amount of discretionary budget au12 thority proposed to be rescinded in that special mes13 sage shall be withheld from obligation for a period 

14 not to exceed 45 calendar days from the date of re15 ceipt by Congress. 

16 ‘‘(2) EARLY AVAILABILITY.—The President 

17 may make any dollar amount of discretionary budget 

18 authority withheld from obligation pursuant to para19 graph (1) available at an earlier time if the Presi20 dent determines that continued withholding would 

21 not further the purposes of this Act. 

22 ‘‘(f) TEMPORARY PRESIDENTIAL AUTHORITY TO

23 SUSPEND.— 

24 ‘‘(1) SUSPEND.— 

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1 ‘‘(A) IN GENERAL.—The President may 

2 not suspend the execution of any item of direct 

3 spending or targeted tax benefit until the Presi4 dent transmits and Congress receives a special 

5 message pursuant to subsection (b). Upon re6 ceipt by Congress of a special message, the 

7 President may suspend the execution of any 

8 item of direct spending or targeted tax benefit 

9 proposed to be rescinded in that message for a 

10 period not to exceed 45 calendar days from the 

11 date of receipt by Congress. 

12 ‘‘(B) LIMITATION ON 45-DAY PERIOD.— 

13 The 45-day period described in subparagraph 

14 (A) shall be reduced by the number of days 

15 contained in the period beginning on the effec16 tive date of the item of direct spending or tar17 geted tax benefit; and ending on the date that 

18 is the later of— 

19 ‘‘(i) the effective date of the item of 

20 direct spending or targeted benefit; or 

21 ‘‘(ii) the date that Congress receives 

22 the special message. 

23 ‘‘(C) CLARIFICATION.—Notwithstanding 

24 subparagraph (B), in the case of an item of di25 rect spending or targeted tax benefit with an efVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
26 

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1 fective date within 45 days after the date of en2 actment, the beginning date of the period cal3 culated under subparagraph (B) shall be the 

4 date that is 45 days after the date of enactment 

5 and the ending date shall be the date that is 

6 the later of— 

7 ‘‘(i) the date that is 45 days after en8 actment; or 

9 ‘‘(ii) the date that Congress receives 

10 the special message. 

11 ‘‘(2) EARLY AVAILABILITY.—The President 

12 may terminate the suspension of any item of direct 

13 spending or targeted tax benefit suspended pursuant 

14 to paragraph (1) at an earlier time if the President 

15 determines that continuation of the suspension 

16 would not further the purposes of this Act. 

17 ‘‘(g) DEFINITIONS.—In this part: 

18 ‘‘(1) APPROPRIATION LAW.—The term ‘appro19 priation law’ means any general or special appro20 priation Act, and any Act or joint resolution making 

21 supplemental, deficiency, or continuing appropria22 tions. 

23 ‘‘(2) CALENDAR DAY.—The term ‘calendar day’ 

24 means a standard 24-hour period beginning at mid25 night. 

27 

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1 ‘‘(3) DAYS OF SESSION.—The term ‘days of 

2 session’ means only those days on which both 

3 Houses of Congress are in session. 

4 ‘‘(4) DOLLAR AMOUNT OF DISCRETIONARY

5 BUDGET AUTHORITY.—The term ‘dollar amount of 

6 discretionary budget authority’ means the dollar 

7 amount of budget authority and obligation limita8 tions— 

9 ‘‘(A) specified in an appropriation law, or 

10 the dollar amount of budget authority required 

11 to be allocated by a specific proviso in an ap12 propriation law for which a specific dollar figure 

13 was not included; 

14 ‘‘(B) represented separately in any table, 

15 chart, or explanatory text included in the state16 ment of managers or the governing committee 

17 report accompanying such law; 

18 ‘‘(C) required to be allocated for a specific 

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

20 than an appropriation law) that mandates obli21 gations from or within accounts, programs, 

22 projects, or activities for which budget authority 

23 or an obligation limitation is provided in an ap24 propriation law; 

28 

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1 ‘‘(D) represented by the product of the es2 timated procurement cost and the total quantity 

3 of items specified in an appropriation law or in4 cluded in the statement of managers or the gov5 erning committee report accompanying such 

6 law; or 

7 ‘‘(E) represented by the product of the es8 timated procurement cost and the total quantity 

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

10 than an appropriation law) that mandates obli11 gations from accounts, programs, projects, or 

12 activities for which dollar amount of discre13 tionary budget authority or an obligation limita14 tion is provided in an appropriation law. 

15 ‘‘(5) RESCIND OR RESCISSION.—The term ‘re16 scind’ or ‘rescission’ means— 

17 ‘‘(A) in the case of a dollar amount of dis18 cretionary budget authority, to reduce or repeal 

19 a provision of law to prevent that budget au20 thority or obligation limitation from having 

21 legal force or effect; and 

22 ‘‘(B) in the case of direct spending or tar23 geted tax benefit, to repeal a provision of law 

24 in order to prevent the specific legal obligation 

29 

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1 of the United States from having legal force or 

2 effect. 

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

4 spending’ means budget authority provided by law 

5 (other than an appropriation law), mandatory spend6 ing provided in appropriation Acts, and entitlement 

7 authority. 

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

9 ‘item of direct spending’ means any specific provi10 sion of law enacted after the effective date of the 

11 Second Look at Wasteful Spending Act of 2007 that 

12 is estimated to result in an increase in budget au13 thority or outlays for direct spending relative to the 

14 most recent levels calculated consistent with the 

15 methodology described in section 257 of the Bal16 anced Budget and Emergency Deficit Control Act of 

17 1985 and included with a budget submission under 

18 section 1105(a) of title 31, United States Code, and, 

19 with respect to estimates made after that budget 

20 submission that are not included with it, estimates 

21 consistent with the economic and technical assump22 tions underlying the most recently submitted Presi23 dent’s budget. 

24 ‘‘(8) SUSPEND THE EXECUTION.—The term 

25 ‘suspend the execution’ means, with respect to an 

30 

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1 item of direct spending or a targeted tax benefit, to 

2 stop the carrying into effect of the specific provision 

3 of law that provides such benefit. 

4 ‘‘(9) TARGETED TAX BENEFIT.—The term ‘tar5 geted tax benefit’ means— 

6 ‘‘(A) any revenue provision that has the 

7 practical effect of providing more favorable tax 

8 treatment to a particular taxpayer or limited 

9 group of taxpayers when compared with other 

10 similarly situated taxpayers; or 

11 ‘‘(B) any Federal tax provision which pro12 vides 1 beneficiary temporary or permanent 

13 transition relief from a change to the Internal 

14 Revenue Code of 1986.’’. 

15 (b) EXERCISE OF RULEMAKING POWERS.—Section 

16 904 of the Congressional Budget Act of 1974 (2 U.S.C. 

17 621 note) is amended— 

18 (1) in subsection (a), by striking ‘‘and 1017’’ 

19 and inserting ‘‘1017, and 1021’’; and 

20 (2) in subsection (d), by striking ‘‘section 

21 1017’’ and inserting ‘‘sections 1017 and 1021’’. 

22 (c) CLERICAL AMENDMENTS.— 

23 (1) SHORT TITLE.—Section 1(a) of the Con24 gressional Budget and Impoundment Control Act of 

25 1974 is amended by— 

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1 (A) striking ‘‘Parts A and B’’ before ‘‘title 

2 X’’ and inserting ‘‘Parts A, B, and C’’; and 

3 (B) striking the last sentence and inserting 

4 at the end the following new sentence: ‘‘Part C 

5 of title X also may be cited as the ‘Second Look 

6 at Wasteful Spending Act of 2007’.’’. 

7 (2) TABLE OF CONTENTS.—The table of con8 tents set forth in section 1(b) of the Congressional 

9 Budget and Impoundment Control Act of 1974 is 

10 amended by deleting the contents for part C of title 

11 X and inserting the following: 

‘‘PART C—ENHANCED RESCISSION AUTHORITY

‘‘Sec. 1021. Expedited consideration of certain proposed rescissions.’’. 

12 (d) SEVERABILITY.—If any provision of this title or 

13 the amendments made by it is held to be unconstitutional, 

14 the remainder of this title and the amendments made by 

15 it shall not be affected by the holding. 

16 (e) EFFECTIVE DATE AND EXPIRATION.— 

17 (1) EFFECTIVE DATE.—The amendments made 

18 by this title shall— 

19 (A) take effect on the date of enactment of 

20 this title; and 

21 (B) apply to any dollar amount of discre22 tionary budget authority, item of direct spend23 ing, or targeted tax benefit provided in an Act 

32 

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1 enacted on or after the date of enactment of 

2 this title. 

3 (2) EXPIRATION.—The amendments made by 

4 this title shall expire on December 31, 2010. 

5 TITLE II—DEFICIT REDUCTION 

6 Subtitle A—Definitions, 

7 Administration, and Sequestration 

8 SEC. 201. DEFINITIONS. 

9 In this title: 

10 (1) ACCOUNT.—The term ‘‘account’’ means— 

11 (A) for discretionary budget authority, an 

12 item for which appropriations are made in any 

13 appropriation Act; and 

14 (B) for items not provided for in appro15 priation Acts, direct spending and outlays 

16 therefrom identified in the program and finance 

17 schedules contained in the appendix to the 

18 Budget of the United States for the current 

19 year. 

20 (2) BREACH.—The term ‘‘breach’’ means, for 

21 any fiscal year, the amount by which discretionary 

22 budget authority enacted for that year exceeds the 

23 spending limit for budget authority for that year. 

24 (3) BUDGET AUTHORITY; NEW BUDGET AU25 THORITY; AND OUTLAYS.—The terms ‘‘budget auVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
33 

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1 thority’’, ‘‘new budget authority’’, and ‘‘outlays’’ 

2 have the meanings given to such terms in section 3 

3 of the Congressional Budget and Impoundment Con4 trol Act of 1974 (2 U.S.C. 622). 

5 (4) BUDGET YEAR.—The term ‘‘budget year’’ 

6 means, with respect to a session of Congress, the fis7 cal year of the Government that starts on October 

8 1 of the calendar year in which that session begins. 

9 (5) CBO.—The term ‘‘CBO’’ means the Direc10 tor of the Congressional Budget Office. 

11 (6) CURRENT.—The term ‘‘current’’ means— 

12 (A) with respect to the Office of Manage13 ment and Budget estimates included with a 

14 budget submission under section 1105(a) of 

15 title 31, United States Code, the estimates con16 sistent with the economic and technical assump17 tions underlying that budget; 

18 (B) with respect to estimates made after 

19 that budget submission that are not included 

20 with it, the estimates consistent with the eco21 nomic and technical assumptions underlying the 

22 most recently submitted President’s budget; 

23 and 

24 (C) with respect to the Congressional 

25 Budget Office, estimates consistent with the 

34 

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1 economic and technical assumptions as required 

2 by section 202(e)(1) of the Congressional Budg3 et Act of 1974. 

4 (7) CURRENT YEAR.—The term ‘‘current year’’ 

5 means, with respect to a budget year, the fiscal year 

6 that immediately precedes that budget year. 

7 (8) DEFICIT.—The term ‘‘deficit’’ means, with 

8 respect to any fiscal year, the amount by which total 

9 budget outlays for such fiscal year exceed total gov10 ernmental receipts for such fiscal year. In calcu11 lating the deficit for purposes of comparison with 

12 the maximum deficit amount under section 221 and 

13 in calculating the excess deficit for purposes of sub14 title C (notwithstanding section 710(a) of the Social 

15 Security Act (42 U.S.C. 911)) for any fiscal year, 

16 the receipts of the Federal Old-Age and Survivors 

17 Insurance Trust Fund and the Federal Disability 

18 Insurance Trust Fund for such fiscal year and the 

19 taxes payable under sections 1401(a), 3101(a), and 

20 3111(a) of the Internal Revenue Code of 1954 (26 

21 U.S.C. 1401, 3101, 3111) during such fiscal year 

22 shall be included in total revenues for such fiscal 

23 year, and the disbursements of each such Trust 

24 Fund for such fiscal year shall be included in total 

25 budget outlays for such fiscal year. Notwithstanding 

35 

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1 any other provision of law except to the extent pro2 vided by section 710(a) of the Social Security Act 

3 (42 U.S.C. 911) the receipts, revenues, disburse4 ments, budget authority, and outlays of each off5 budget Federal entity for a fiscal year shall be in6 cluded in total budget authority, total budget out7 lays, and total revenues and the amounts of budget 

8 authority and outlays set forth for each major func9 tional category, for such fiscal year. 

10 (9) DIRECT SPENDING AND MANDATORY

11 SPENDING.—The terms ‘‘direct spending’’ and 

12 ‘‘mandatory spending’’ shall have the meaning given 

13 such terms in section 3(3) of the Congressional 

14 Budget Act of 1974. 

15 (10) DISCRETIONARY APPROPRIATIONS AND

16 DISCRETIONARY BUDGET AUTHORITY.—The terms 

17 ‘‘discretionary appropriations’’ and ‘‘discretionary 

18 budget authority’’ shall have the meaning given such 

19 terms in section 3(4) of the Congressional Budget 

20 Act of 1974. 

21 (11) DISCRETIONARY SPENDING LIMIT.—The 

22 term ‘‘discretionary spending limit’’ shall mean the 

23 amounts specified in section 212. 

24 (12) EXCESS DEFICIT AMOUNT.—The term ‘‘ex25 cess deficit amount’’, with respect to any fiscal year, 

36 

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1 means the amount of the deficit reduced by the esti2 mated reductions of outlays resulting from any se3 questration in subtitle C, that exceeds the maximum 

4 deficit amount. 

5 (13) OMB.—The term ‘‘OMB’’ means the Di6 rector of the Office of Management and Budget. 

7 (14) SEQUESTRATION.—The term ‘‘sequestra8 tion’’— 

9 (A) with respect to discretionary budget 

10 authority, means the cancellation or reduction 

11 of budget authority (except budget authority to 

12 fund mandatory programs) provided in appro13 priation Acts; and 

14 (B) with respect to the excess deficit 

15 amount, means the amount canceled or reduced 

16 from direct spending and outlays flowing there17 from. 

18 SEC. 202. ADMINISTRATION, RECONCILIATION, AND EF19 FECT OF SEQUESTRATION. 

20 (a) TIMETABLE.—The timetable with respect to this 

21 title is as follows: 

5 days before the President’s budget 

submission 

CBO Discretionary Sequestration and 

Maximum Deficit Amount Preview 

Report.

The President’s budget submission OMB Discretionary Sequestration and 

Maximum Deficit Amount Preview 

Report.

37 

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August 15 CBO Discretionary Sequestration and 

Maximum Deficit Amount Reconciliation Report.

August 20 OMB Discretionary Sequestration and 

Maximum Deficit Amount Reconciliation Report.

September 15 Budget Committee Reconciliation Directives.

20 days after Budget Committee Action Committees Respond to Reconciliation 

Directives

10 days after end of session CBO Final Discretionary Sequestration and Maximum Deficit Amount 

Sequestration Report.

15 days after end of session OMB Final Discretionary Sequestration and Maximum Deficit Amount 

Sequestration Report/Presidential 

Sequestration Order. 

1 (b) PRESIDENTIAL ORDER.— 

2 (1) IN GENERAL.—On the date specified in sub3 section (a), if in its Final Sequestration Report, 

4 OMB estimates that any sequestration is required, 

5 the President shall issue an order fully implementing 

6 without change all sequestrations required by the 

7 OMB calculations set forth in that report. This 

8 order shall be effective on issuance. 

9 (2) SPECIAL RULE.—If the date specified for 

10 the submission of a Presidential order under sub11 section (a) falls on a Sunday or legal holiday, such 

12 order shall be issued on the following day. 

13 (c) EFFECTS OF SEQUESTRATION.—The effects of 

14 sequestration shall be as follows: 

38 

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1 (1) Budgetary resources sequestered from any 

2 account shall be permanently cancelled, except as 

3 provided in paragraph (5). 

4 (2) Except as otherwise provided, the same per5 centage sequestration shall apply to all programs, 

6 projects, and activities within a budget account (with 

7 programs, projects, and activities as delineated in 

8 the appropriation Act or accompanying report for 

9 the relevant fiscal year covering that account). 

10 (3) Administrative regulations or similar ac11 tions implementing a sequestration shall be made 

12 within 120 days of the sequestration order. To the 

13 extent that formula allocations differ at different 

14 levels of budgetary resources within an account, pro15 gram, project, or activity, the sequestration shall be 

16 interpreted as producing a lower total appropriation, 

17 with the remaining amount of the appropriation 

18 being obligated in a manner consistent with program 

19 allocation formulas in substantive law. 

20 (4) Except as otherwise provided in this sub21 title, obligations or budgetary resources in seques22 tered accounts shall be reduced only in the fiscal 

23 year in which a sequester occurs. 

24 (5) Budgetary resources sequestered in special 

25 fund accounts and offsetting collections sequestered 

39 

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1 in appropriation accounts shall not be available for 

2 obligation during the fiscal year in which the seques3 tration occurs, but shall be available in subsequent 

4 years to the extent otherwise provided in law. 

5 (d) SUBMISSION AND AVAILABILITY OF REPORTS.— 

6 Each report required by this section shall be submitted, 

7 in the case of CBO, to the House of Representatives, the 

8 Senate, and OMB and, in the case of OMB, to the House 

9 of Representatives, the Senate, and the President on the 

10 day it is issued. On the following day a notice of the report 

11 shall be printed in the Federal Register. 

12 SEC. 203. GAO COMPLIANCE REPORT. 

13 Upon request of the Committee on the Budget of the 

14 House of Representatives or the Senate, the Comptroller 

15 General shall submit to the Congress and the President 

16 a report on— 

17 (1) the extent to which each order issued by the 

18 President under this title complies with all of the re19 quirements contained in this title, either certifying 

20 that the order fully and accurately complies with 

21 such requirements or indicating the respects in 

22 which it does not; and 

23 (2) the extent to which each report issued by 

24 OMB or CBO under this section complies with all of 

25 the requirements contained in this title, either certiVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 fying that the report fully and accurately complies 

2 with such requirements or indicating the respects in 

3 which it does not. 

4 Subtitle B—Discretionary 

5 Spending Limits 

6 SEC. 211. DISCRETIONARY SEQUESTRATION REPORTS. 

7 (a) DISCRETIONARY SEQUESTRATION PREVIEW RE8 PORTS.— 

9 (1) REPORTING REQUIREMENT.— 

10 (A) IN GENERAL.—On the dates specified 

11 in section 202(a), OMB shall report to the 

12 President and Congress and CBO shall report 

13 to Congress a Discretionary Sequestration Pre14 view Report regarding discretionary sequestra15 tion based on laws enacted through those dates. 

16 (B) PRESIDENT’S BUDGET.—When the 

17 President submits the budget under section 

18 1105 of title 31, United States Code, OMB 

19 shall calculate and the budget shall include ad20 justments to discretionary spending limits (and 

21 those limits as cumulatively adjusted) for the 

22 budget year and each outyear to reflect adjust23 ments under section 212(b). 

24 (C) CONSULTATION.—Any determination 

25 or change under subparagraph (B) may only be 

41 

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1 made after consultation with the Committees on 

2 Appropriations and the Budget of the Senate 

3 and the House of Representatives, and that 

4 consultation shall include written communica5 tion to such committees that affords such com6 mittees the opportunity to comment before offi7 cial action is taken with respect to such 

8 changes. 

9 (2) DISCRETIONARY.—The Discretionary Se10 questration Preview Report shall set forth estimates 

11 for the current year and each subsequent year 

12 through 2010 of the applicable discretionary spend13 ing limits and an explanation of any adjustments in 

14 such limits under section 212, and a projection of 

15 budget authority exceeding discretionary limits sub16 ject to sequester. 

17 (3) EXPLANATION OF DIFFERENCES.—The 

18 OMB reports shall explain the differences between 

19 OMB and CBO estimates for each item set forth in 

20 this subsection. 

21 (b) DISCRETIONARY SEQUESTRATION REPORTS.—On 

22 the dates specified in section 202(a), OMB and CBO shall 

23 issue Discretionary Sequestration Reports, reflecting laws 

24 enacted through those dates, containing all of the informaVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
42 

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1 tion required in the Discretionary Sequestration Preview 

2 Reports. 

3 (c) FINAL DISCRETIONARY SEQUESTRATION RE4 PORTS.— 

5 (1) REPORTING REQUIREMENTS.—On the dates 

6 specified in section 202(a), OMB and CBO shall 

7 each issue a Final Discretionary Sequestration Re8 port, updated to reflect laws enacted through those 

9 dates. 

10 (2) DISCRETIONARY SPENDING.—The Final 

11 Discretionary Sequestration Reports shall set forth 

12 estimates for each of the following: 

13 (A) For the current year and each subse14 quent year through 2010; the applicable discre15 tionary spending limits. 

16 (B) For the current year, if applicable, and 

17 the budget year; the new budget authority and 

18 the breach, if any. 

19 (C) The sequestration percentages nec20 essary to eliminate the breach. 

21 (D) For the budget year, for each account 

22 to be sequestered, the level of enacted, 

23 sequesterable budget authority and resulting es24 timated outlays flowing therefrom. 

43 

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1 (3) EXPLANATION OF DIFFERENCES.—The 

2 OMB report shall explain— 

3 (A) any differences between OMB and 

4 CBO estimates for the amount of any breach 

5 and for any required discretionary sequestration 

6 percentages; and 

7 (B) differences in the amount of 

8 sequesterable resources for any budget account 

9 to be reduced if such difference is greater than 

10 $5,000,000. 

11 (d) ECONOMIC AND TECHNICAL ASSUMPTIONS.—In 

12 all reports required by this section, OMB shall use the 

13 same economic and technical assumptions as used in the 

14 most recent budget submitted by the President under sec15 tion 1105(a) of title 31, United States Code. 

16 (e) ADJUSTMENTS.—When OMB submits a report 

17 under this section for a fiscal year, OMB shall calculate, 

18 and the subsequent reports and budgets submitted by the 

19 President under section 1105(a) of title 31, United States 

20 Code shall include, adjustments to discretionary spending 

21 limits under section 212(b) (and those limits as adjusted) 

22 for the fiscal year and each succeeding year. 

44 

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1 SEC. 212. LIMITS. 

2 (a) DISCRETIONARY SPENDING LIMITS.—As used in 

3 this subtitle, the term ‘‘discretionary spending limit’’ 

4 means— 

5 (1) with respect to fiscal year 2008, 

6 $926,584,000,000 in new budget authority; 

7 (2) with respect to fiscal year 2009, 

8 $955,934,000,000 in new budget authority; 

9 (3) with respect to fiscal year 2010, 

10 $971,430,000,000 in new budget authority; and 

11 (4) with respect to fiscal years following 2010, 

12 the President shall recommend and the Congress 

13 shall consider legislation setting limits for those fis14 cal years. 

15 (b) ADJUSTMENTS.— 

16 (1) GLOBAL WAR ON TERRORISM FUNDING.—If 

17 an appropriation bill or joint resolution is enacted 

18 for fiscal year 2008, 2009, or 2010, that provides 

19 funding for the military for conducting the war on 

20 terrorism overseas, the adjustment for purposes of 

21 section 211(c) shall be the amount of budget author22 ity in that measure for that purpose but not to ex23 ceed— 

24 (A) with respect to fiscal year 2008, 

25 $145,162,000,000 in new budget authority; 

45 

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1 (B) with respect to fiscal year 2009, 

2 $100,000,000,000 in new budget authority; and 

3 (C) with respect to fiscal year 2010, 

4 $50,000,000,000 in new budget authority. 

5 (2) UNITED STATES FORCES IN THE GLOBAL

6 WAR ON TERRORISM.—If an appropriation bill or 

7 joint resolution is enacted for fiscal year 2008 that 

8 provides funding for activities that— 

9 (A) address training, equipment, force pro10 tection, logistics, or other matters necessary for 

11 the protection of United States forces; or 

12 (B) address deficiencies at Walter Reed 

13 Army Medical Center and other facilities within 

14 the military medical system providing treatment 

15 to service members injured while performing 

16 their duties in the Global War on Terrorism; 

17 (C) the adjustment for purposes of section 

18 211(c) shall be the amount of budget authority 

19 in that measure for that purpose but not to ex20 ceed $5,000,000,000 in new budget authority. 

21 (3) EMERGENCY SPENDING.—If, for fiscal year 

22 2008, 2009, or 2010 appropriations for discre23 tionary accounts are enacted that the President des24 ignates as emergency requirements, and that the 

25 Congress so designates in statute, the adjustment 

46 

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1 for purposes of section 211(c) shall be the total of 

2 such appropriations in discretionary accounts des3 ignated as emergency requirements, but not to ex4 ceed $5,000,000,000 for fiscal year 2008, 

5 $5,000,000,000 for 2009, and $5,000,000,000 for 

6 2010. Appropriations designated as emergencies in 

7 excess of these limitations shall be treated as new 

8 budget authority for the purpose of calculating a 

9 breach of the discretionary spending limits. 

10 (4) FEDERAL TAX GAP INITIATIVE.—If an ap11 propriation bill or joint resolution is enacted for fis12 cal year 2008, 2009, or 2010, that includes 

13 $6,788,000,000 plus an additional amount for the 

14 enhanced tax enforcement initiative of the Internal 

15 Revenue Service, the adjustment for purposes of sec16 tion 211(c) shall be the amount of budget authority 

17 in that measure for that initiative but not to ex18 ceed— 

19 (A) with respect to fiscal year 2008, 

20 $440,000,000 in new budget authority; 

21 (B) with respect to fiscal year 2009, 

22 $619,000,000 in new budget authority; and 

23 (C) with respect to fiscal year 2010, 

24 $826,000,000 in new budget authority. 

47 

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1 (5) CONTINUING DISABILITY REVIEWS AND SSI

2 REDETERMINATIONS.—If an appropriation bill or 

3 joint resolution is enacted for fiscal year 2008, 

4 2009, or 2010, that includes $264,000,000 plus an 

5 additional amount for continuing disability reviews 

6 and supplemental security income redeterminations 

7 for the Social Security Administration, the adjust8 ment for purposes of section 211(c) shall be the 

9 amount of budget authority in that measure for that 

10 initiative but not to exceed— 

11 (A) with respect to fiscal year 2008, 

12 $213,000,000 in new budget authority; 

13 (B) with respect to fiscal year 2009, 

14 $453,000,000 in new budget authority; and 

15 (C) with respect to fiscal year 2010, 

16 $485,000,000 in new budget authority. 

17 (6) HEALTH CARE FRAUD AND ABUSE.—If an 

18 appropriation bill or joint resolution is enacted for 

19 fiscal year 2008 that includes $1,156,000,000, or 

20 for fiscal year 2009 that includes $1,178,000,000, 

21 or for fiscal year 2010 that includes 

22 $1,200,000,000, plus an additional amount for 

23 Health Care, Fraud, and Abuse Control Program at 

24 the Department of Health and Human Services, the 

25 adjustment for purposes of section 211(c) shall be 

48 

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1 the amount of budget authority in that measure for 

2 that initiative but not to exceed— 

3 (A) with respect to fiscal year 2008, 

4 $183,000,000 in new budget authority; 

5 (B) with respect to fiscal year 2009, 

6 $198,000,000 in new budget authority; and 

7 (C) with respect to fiscal year 2010, 

8 $211,000,000 in new budget authority. 

9 (7) UNEMPLOYMENT INSURANCE IMPROPER

10 PAYMENT REVIEWS.—If an appropriation bill or 

11 joint resolution is enacted for fiscal year 2008, 

12 2009, or 2010 that includes $10,000,000, plus an 

13 additional amount for unemployment improper pay14 ment reviews for the Department of Labor, the ad15 justment for purposes of section 211(c) shall be the 

16 amount of budget authority in that measure for that 

17 initiative but not to exceed— 

18 (A) with respect to fiscal year 2008, 

19 $40,000,000 in new budget authority; 

20 (B) with respect to fiscal year 2009, 

21 $40,000,000 in new budget authority; and 

22 (C) with respect to fiscal year 2010, 

23 $40,000,000 in new budget authority. 

24 (c) ENFORCEMENT.— 

49 

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1 (1) SEQUESTRATION.—On the date specified in 

2 section 202(a), there shall be a sequestration to 

3 eliminate a budget-year breach. 

4 (2) ELIMINATING A BREACH.—Each account 

5 shall be reduced by a dollar amount calculated by 

6 multiplying the enacted level of budget authority for 

7 that year in that account at that time by the uni8 form percentage necessary to eliminate a breach of 

9 the discretionary spending limit. 

10 (3) OPTIONAL EXEMPTION OF MILITARY PER11 SONNEL.— 

12 (A) IN GENERAL.—The President may, 

13 with respect to any military personnel account, 

14 exempt that account from sequestration or pro15 vide for a lower uniform percentage reduction 

16 than would otherwise apply. 

17 (B) LIMITATION.—The President may not 

18 use the authority provided in subparagraph (a) 

19 unless the President notifies Congress of the 

20 manner in which such authority will be exer21 cised on or before the date in section 202(a). 

22 (4) PART-YEAR APPROPRIATIONS.—If, on the 

23 date the report is issued under paragraph (1), there 

24 is in effect an Act making continuing appropriations 

25 for part of a fiscal year for any budget account, then 

50 

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1 the dollar sequestration calculated for that account 

2 under paragraph (2) shall be subtracted from— 

3 (A) the annualized amount otherwise avail4 able by law in that account under that or a sub5 sequent part-year appropriation; and 

6 (B) when a full-year appropriation for that 

7 account is enacted, from the amount otherwise 

8 provided by the full-year appropriation. 

9 (5) LOOK-BACK.—If, after June 30, an appro10 priation for the fiscal year in progress is enacted 

11 that causes a breach for that year (after taking into 

12 account any previous sequestration), the discre13 tionary spending limit for the next fiscal year shall 

14 be reduced by the amount of that breach. 

15 (6) WITHIN-SESSION SEQUESTRATION REPORTS

16 AND ORDER.—If an appropriation for a fiscal year 

17 in progress is enacted (after Congress adjourns to 

18 end the session for that budget year and before July 

19 1 of that fiscal year) that causes a breach, 10 days 

20 later CBO shall issue a report containing the infor21 mation required in section 211(c). Fifteen days after 

22 enactment, OMB shall issue a report containing the 

23 information required in section 211(c). On the same 

24 day as the OMB report, the President shall issue an 

25 order fully implementing without change all sequesVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 trations required by the OMB calculations set forth 

2 in that report. This order shall be effective on 

3 issuance. 

4 (d) ESTIMATES.— 

5 (1) CBO ESTIMATES.—As soon as practicable 

6 after Congress completes action on any legislation 

7 providing discretionary appropriations, CBO shall 

8 provide an estimate to OMB of that legislation. 

9 (2) OMB ESTIMATES.—Not later than 7 cal10 endar days (excluding Saturdays, Sundays, and legal 

11 holidays) after the date of enactment of any discre12 tionary appropriations, OMB shall transmit a report 

13 to the Senate and to the House of Representatives 

14 containing— 

15 (A) the CBO estimate of that legislation; 

16 (B) an OMB estimate of that legislation 

17 using current economic and technical assump18 tions; and 

19 (C) an explanation of any difference be20 tween the 2 estimates. 

21 (3) DIFFERENCES.—If during the preparation 

22 of the report under paragraph (2), OMB determines 

23 that there is a difference between the OMB and 

24 CBO estimates, OMB shall consult with the Com25 mittees on the Budget of the House of RepresentaVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
52 

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1 tives and the Senate regarding that difference and 

2 that consultation, to the extent practicable, shall in3 clude written communication to such committees 

4 that affords such committees the opportunity to 

5 comment before the issuance of that report. 

6 (4) ASSUMPTIONS AND GUIDELINES.—OMB 

7 and CBO shall prepare estimates under this para8 graph in conformance with scorekeeping guidelines 

9 determined after consultation among the House and 

10 Senate Committees on the Budget, CBO, and OMB. 

11 Subtitle C—Maximum Deficit 

12 Amount Limitation 

13 SEC. 221. MAXIMUM DEFICIT AMOUNT. 

14 In this subtitle, the term ‘‘maximum deficit 

15 amount’’— 

16 (1) with respect to 2008, equals 1.75 percent of 

17 the Gross Domestic Product for 2008, as estimated 

18 by OMB for 2008; 

19 (2) with respect to 2009, equals 1.25 percent of 

20 the Gross Domestic Product for 2009, as estimated 

21 by OMB for 2009; 

22 (3) with respect to 2010, equals 0.75 percent of 

23 the Gross Domestic Product for 2010, as estimated 

24 by OMB for 2010; 

53 

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1 (4) with respect to 2011, equals 0.5 percent of 

2 Gross Domestic Product as estimated by OMB for 

3 2011; and 

4 (5) with respect to 2012 and thereafter, 0.00 

5 percent as estimated by OMB for 2012, and there6 after. 

7 SEC. 222. REPORTING OF EXCESS DEFICITS. 

8 (a) MAXIMUM DEFICIT AMOUNT PREVIEW REPORT

9 BY OMB AND CBO.— 

10 (1) ESTIMATES AND DETERMINATIONS.—On 

11 the dates specified in section 202(a), OMB and CBO 

12 shall with respect to each fiscal year estimate— 

13 (A) the deficit; 

14 (B) the maximum deficit amount; and 

15 (C) any excess deficit amount for the 

16 budget year. 

17 (2) REPORT.—OMB shall report to the Presi18 dent and Congress and CBO shall report to Con19 gress estimating the budget base levels of total reve20 nues and total budget outlays for the budget year, 

21 identifying the deficit, the maximum deficit amount, 

22 and the amount of any deficit excess for such fiscal 

23 year, the base from which direct spending reductions 

24 are taken and the amounts based upon uniform per25 centages, by which such direct spending accounts 

54 

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1 must be reduced for the budget year, in accordance 

2 with the succeeding provisions of this part, in order 

3 to eliminate such excess based on laws enacted 

4 through those dates. 

5 (3) DETERMINATION OF REDUCTIONS.—The 

6 amounts based upon uniform percentages, by which 

7 accounts must be reduced for the budget year shall 

8 be determined by, subject to the exemptions set 

9 forth in section 227, the reductions necessary to 

10 eliminate the excess deficit amount for the fiscal 

11 year. 

12 (4) BASIS FOR DIRECTORS’ ESTIMATES, DETER13 MINATIONS, AND SPECIFICATIONS.— 

14 (A) BUDGET BASE.—In computing the 

15 amounts and percentages by which accounts 

16 must be reduced during a fiscal year as set 

17 forth in the report required under paragraph 

18 (2) for such fiscal year, OMB and CBO shall 

19 use current economic and technical assumptions 

20 consistent with the methodology set forth in 

21 section 257 of the Balanced Budget and En22 forcement Deficit Control Act of 1985. 

23 (B) EXPLANATION OF DIFFERENCES.— 

24 The OMB shall explain the differences between 

55 

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1 OMB and CBO estimates for each item in the 

2 report. 

3 (b) REVISED ESTIMATES AND MAXIMUM DEFICIT

4 AMOUNT RECONCILIATION REPORTS.— 

5 (1) RECONCILIATION REPORT BY OMB AND

6 CBO.—On the dates specified in section 202(a), the 

7 Director of OMB shall submit to the President and 

8 Congress, and the Director of CBO shall submit to 

9 Congress, a revised report— 

10 (A) indicating whether and to what extent, 

11 as a result of laws enacted and regulations pro12 mulgated after the submission of their max13 imum deficit amount preview report under sub14 section (a), the excess deficit identified in the 

15 report submitted under such subsection has 

16 been eliminated, reduced, or increased; and 

17 (B) adjusting the determinations for the 

18 effects of any discretionary sequestration that 

19 may be required under subtitle B. 

20 The reconciliation report submitted under this para21 graph shall contain estimates, determinations, and 

22 specifications for all of the items contained in the 

23 preview report and the OMB report shall be based 

24 on the same economic and technical assumptions 

25 and employ the same methodologies as applied in the 

56 

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1 supplemental budget estimates submitted under sec2 tion 1106 of title 31, United States Code, and the 

3 CBO report shall be based on the most recent report 

4 required by section 202(e)(2) of the Congressional 

5 Budget Act of 1974. Estimates shall be consistent 

6 with methodology in section 257 of the Balanced 

7 Budget and Enforcement Act Deficit Control Act of 

8 1985. The reports shall provide for the determina9 tion of reductions in the manner specified in sub10 section (a)(3). 

11 (2) EXPLANATION OF DIFFERENCES.—The 

12 OMB shall explain the differences between OMB 

13 and CBO estimates for each item in the reconcili14 ation report. 

15 (c) DATES FOR SUBMISSION OF REPORTS AND

16 ISSUANCE OF ORDERS.—If the date specified for the sub17 mission of a report by the Director of OMB or the 

18 issuance of a Presidential order under this section falls 

19 on a Sunday or legal holiday, such report shall be sub20 mitted or such order issued on the following day. 

21 (d) PRINTING OF REPORTS.—Each report submitted 

22 under this section shall be printed in the Federal Register 

23 on the date it is issued; and the reports of the Director 

24 of OMB submitted to the Congress under subsection (b) 

57 

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1 shall be printed as documents of the House of Representa2 tives and the Senate. 

3 (e) ESTIMATES.— 

4 (1) CBO ESTIMATES.—As soon as practicable 

5 after Congress completes action on any legislation 

6 under this section, CBO shall provide an estimate to 

7 OMB of that legislation. 

8 (2) OMB ESTIMATES.—Not later than 7 cal9 endar days (excluding Saturdays, Sundays, and legal 

10 holidays) after the date of enactment of any direct 

11 spending, OMB shall transmit a report to the House 

12 of Representatives and to the Senate containing— 

13 (A) the CBO estimate of that legislation; 

14 (B) an OMB estimate of that legislation 

15 using current economic and technical assump16 tions; and 

17 (C) an explanation of any difference be18 tween the 2 estimates. 

19 (3) DIFFERENCES.—If during the preparation 

20 of the report under paragraph (2), OMB determines 

21 that there is a difference between the OMB and 

22 CBO estimates, OMB shall consult with the Com23 mittees on the Budget of the Senate and the House 

24 of Representatives regarding that difference and 

25 that consultation, to the extent practicable, shall inVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 clude written communication to such committees 

2 that affords such committees the opportunity to 

3 comment before the issuance of that report. 

4 (4) ASSUMPTIONS AND GUIDELINES.—OMB 

5 and CBO shall prepare estimates under this para6 graph in conformance with scorekeeping guidelines 

7 determined after consultation among the Senate and 

8 House Committees on the Budget, CBO, and OMB. 

9 SEC. 223. CONGRESSIONAL RESPONSE TO OMB AND CBO 

10 RECONCILIATION REPORT. 

11 (a) REPORTING OF RESOLUTIONS, AND RECONCILI12 ATION BILLS AND RESOLUTIONS, IN THE SENATE.— 

13 (1) COMMITTEE ALTERNATIVES TO PRESI14 DENTIAL ORDER.—For the purpose of assisting the 

15 Committees on the Budget of the Senate and House 

16 in preparing Reconciliation Directive Reports under 

17 paragraph (3) and not later than 20 days after the 

18 submission of the OMB Reconciliation Report, each 

19 standing committee of the Senate and House may 

20 submit to the Committees on the Budget of the Sen21 ate and House information of the type described in 

22 section 301(d) of the Congressional Budget Act of 

23 1974 with respect to alternatives to the order envi24 sioned by such report insofar as such order affects 

25 laws within the jurisdiction of the committee. 

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1 (2) APPLICATION OF THE CONGRESSIONAL

2 BUDGET ACT OF 1974.—Sections 305 and 310 of the 

3 Congressional Budget Act of 1974 shall apply to any 

4 bill considered under this section, except as other5 wise provided in this section. 

6 (3) RECONCILIATION DIRECTIVES.—On the 

7 date specified in section 202(a), the Chairmen and 

8 Ranking Minority Members of the Committees on 

9 the Budget of the Senate and House shall submit a 

10 Reconciliation Directive Report to the President of 

11 the Senate or the Speaker of the House for appro12 priate referral to the committees of its House, the 

13 OMB Reconciliation Report containing the max14 imum deficit amount and the excess deficit and rec15 onciliation directives. Such directives shall— 

16 (A) specify the total amount by which— 

17 (i) direct spending budget authority 

18 and outlays for such fiscal year; and 

19 (ii) governmental receipts, other than 

20 income taxes, estate and gift taxes, excise 

21 taxes, payroll taxes, or tariffs, for such fis22 cal year; 

23 are to be changed; and 

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1 (B) include directives to committees to rec2 ommend changes in laws within their jurisdic3 tion— 

4 (i) to accomplish the total amount of 

5 deficit reduction necessary to eliminate the 

6 excess deficit so that the deficit does not 

7 exceed the maximum deficit amount set 

8 forth in the OMB Reconciliation Report; 

9 and 

10 (ii) with amounts required for each 

11 committee proportionally based on the out12 lays allocated to that committee for pro13 grams under section 302(a) of the Con14 gressional Budget Act of 1974 in the most 

15 recent adopted concurrent resolution on 

16 the budget. 

17 (4) RESPONSE OF COMMITTEES.—Committees 

18 directed pursuant to paragraph (3), shall submit 

19 their recommendations to comply with the directives 

20 to the Budget Committee no later than 20 days 

21 after the directives referred to in paragraph (3) are 

22 issued. 

23 (5) BUDGET COMMITTEE ACTION.—Upon re24 ceipt of the recommendations received in response to 

25 directives referred to in paragraph (3), the Budget 

61 

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1 Committees shall report to the Senate and House, a 

2 reconciliation bill carrying out all such recommenda3 tions. 

4 (b) LEGISLATIVE PROCEDURE.—If a Reconciliation 

5 Directive Report containing reconciliation directives to 

6 committees to determine and recommend changes in laws, 

7 bills, or resolutions is issued in accordance with subsection 

8 (a)(3)— 

9 (1) each such committee so directed shall make 

10 such recommendations to the Committee on the 

11 Budget of its House, which upon receiving all such 

12 recommendations, shall report to its House reconcili13 ation legislation carrying out all such recommenda14 tions without any substantive revision; and 

15 (2) in the event that any committee fails to 

16 comply with its directive, then the Committees on 

17 the Budget may report amendments recommending 

18 changes within the jurisdiction of the noncompliant 

19 committee to achieve the changes contained in the 

20 directive. 

21 (c) ADJUSTMENT OF BUDGET TARGETS.—Upon en22 actment of a reconciliation bill conference report, the 

23 chairmen of the Committees on the Budget of the Senate 

24 and the House of Representatives shall revise spending 

25 and revenue levels under section 311(a) of the CongresVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 sional Budget Act of 1974 and adjust the committee allo2 cations under section 302(a) of the Congressional Budget 

3 Act of 1974, or any other adjustments as may be appro4 priate to reflect any changes made in the reconciliation 

5 bill. Notwithstanding any other provision of law, the re6 vised allocations and aggregates shall be considered to 

7 have been made under a concurrent resolution on the 

8 budget agreed to under the Congressional Budget Act of 

9 1974, and shall be enforced under the procedures of that 

10 Act. 

11 (d) COMPLIANCE WITH RECONCILIATION DIREC12 TIVES.—Secondary or indirect effects of the legislative 

13 recommendations submitted by any committee of the Sen14 ate or the House of Representatives that is directed, shall 

15 be attributed to the committee proposing the change in 

16 law, but shall not be considered for the purpose of deter17 mining compliance with such directives. 

18 (e) LIMITATION ON AMENDMENTS TO RECONCILI19 ATION BILLS.— 

20 (1) HOUSE OF REPRESENTATIVES.—It shall not 

21 be in order in the House of Representatives to con22 sider any amendment to a reconciliation bill if such 

23 amendment would have the effect of increasing any 

24 specific budget outlays above the level of such out25 lays provided in the bill (for the fiscal years covered 

63 

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1 by the reconciliation directives), or would have the 

2 effect of reducing any specific governmental receipts 

3 below the level of such governmental receipts pro4 vided in the bill (for such fiscal year), unless such 

5 amendment makes at least an equivalent reduction 

6 in other specific budget outlays, an equivalent in7 crease in other specific governmental receipts, or an 

8 equivalent combination thereof (for such fiscal year). 

9 (2) SENATE.—It shall not be in order in the 

10 Senate to consider any amendment to a reconcili11 ation bill if such amendment would have the effect 

12 of increasing any specific budget outlay level above 

13 the level of such outlay reductions provided (for the 

14 fiscal year covered) in the reconciliation directives or 

15 would have the effect of reducing governmental re16 ceipts increases below the level of such increases in 

17 such governmental receipts provided (for such fiscal 

18 year) in the reconciliation directives, unless such 

19 amendment makes a reduction in other specific 

20 budget outlays, an increase in other specific govern21 mental receipts, or a combination thereof (for such 

22 fiscal year) at least equivalent to any increase in 

23 outlays or decrease in governmental receipts pro24 vided by such amendment, except that a motion to 

25 strike a provision shall always be in order. 

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1 (3) BUDGET AUTHORITY, OUTLAYS, AND RE2 CEIPTS.—For purposes of this section, the levels of 

3 budget authority, outlays, and governmental receipts 

4 for a fiscal year shall be determined on the basis of 

5 estimates made by the Committee on the Budget of 

6 the Senate or of the House of Representatives, as 

7 the case may be. 

8 (4) HOUSE RULES.—The Committee on Rules 

9 of the House of Representatives may make in order 

10 amendments to achieve changes specified by rec11 onciliation directives if a committee or committees of 

12 the House fail to submit recommended changes to 

13 its Committee on the Budget pursuant to its instruc14 tion. 

15 (f) PROCEDURE IN THE SENATE.—Consideration in 

16 the Senate on any reconciliation bill reported under this 

17 subsection, and all amendments thereto and debatable mo18 tions and appeals in connection therewith, shall be limited 

19 to not more than 20 hours. 

20 (g) LIMITATION ON CHANGES TO THE SOCIAL SECU21 RITY ACT.—Notwithstanding any other provision of law, 

22 it shall not be in order in the Senate or the House of Rep23 resentatives to consider any reconciliation bill, or any 

24 amendment thereto or conference report thereon, that con25 tains recommendations with respect to the old-age, surVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 vivors, and disability insurance program established under 

2 title II of the Social Security Act. 

3 (h) EXTRANEOUS MATTER IN RECONCILIATION LEG4 ISLATION.— 

5 (1) IN GENERAL.—When the Senate is consid6 ering a reconciliation bill pursuant to this section 

7 (whether that bill originated in the Senate or the 

8 House), upon a point of order being made by any 

9 Senator against material extraneous to the instruc10 tions to a committee which is contained in any title 

11 or provision of the bill or offered as an amendment 

12 to the bill, and the point of order is sustained by the 

13 Chair, any part of said title or provision that con14 tains material extraneous to the directives to said 

15 Committee as defined in paragraph (2), shall be 

16 deemed stricken from the bill and may not be of17 fered as an amendment from the floor. 

18 (2) EXTRANEOUS PROVISIONS.—Except as pro19 vided in paragraph (3)— 

20 (A) a provision of a reconciliation bill con21 sidered pursuant to this subsection shall be con22 sidered extraneous if such provision does not 

23 produce a decrease in outlays or an increase in 

24 governmental receipts, including changes in out25 lays and governmental receipts brought about 

66 

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1 by changes in the terms and conditions under 

2 which outlays are made or governmental re3 ceipts are required to be collected; 

4 (B) a provision that is not in the jurisdic5 tion of the Committee with jurisdiction over 

6 said title or provision shall be considered extra7 neous (except that amendments reported by the 

8 Committee on the Budget to achieve compliance 

9 with reconciliation directives shall be in order 

10 notwithstanding any other rule of the Senate 

11 and not be deemed extraneous); 

12 (C) a provision shall be considered to be 

13 extraneous if it increases, or would increase, net 

14 outlays, or if it decreases, or would decrease, 

15 governmental receipts during a fiscal year after 

16 the fiscal years covered by such reconciliation 

17 bill, and such increases or decreases are greater 

18 than outlay reductions or governmental receipts 

19 increases resulting from other provisions in 

20 such title in such year; and 

21 (D) a provision shall be considered extra22 neous if it violates section 310(g) of the Con23 gressional Budget Act of 1974. 

24 (3) SENATE-ORIGINATED PROVISIONS.—A Sen25 ate-originated provision shall not be considered exVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
67 

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1 traneous under paragraph (2) if the Chairman and 

2 Ranking Minority Member of the Committee on the 

3 Budget and the Chairman and Ranking Minority 

4 Member of the Committee which reported the provi5 sion certify that— 

6 (A) the provision mitigates direct effects 

7 clearly attributable to a provision changing out8 lays or revenue and both provisions together 

9 produce a net reduction in the deficit; 

10 (B) the provision will result in a substan11 tial reduction in outlays or a substantial in12 crease in governmental receipts during fiscal 

13 years after the fiscal years covered by the rec14 onciliation bill or reconciliation resolution; 

15 (C) a reduction of outlays or an increase in 

16 governmental receipts is likely to occur as a re17 sult of the provision, in the event of new regula18 tions authorized by the provision or likely to be 

19 proposed, court rulings on pending litigation, or 

20 relationships between economic indices and stip21 ulated statutory triggers pertaining to the pro22 vision, other than the regulations, court rulings, 

23 or relationships currently projected by the Con24 gressional Budget Office for scorekeeping pur25 poses; or 

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1 (D) such provision will be likely to produce 

2 a significant reduction in outlays or increase in 

3 governmental receipts but, due to insufficient 

4 data, such reduction or increase cannot be reli5 ably estimated. 

6 (4) COMMITTEE REPORTED PROVISIONS.—a 

7 provision reported by a committee shall not be con8 sidered extraneous under paragraph (2) if— 

9 (A) the provision is an integral part of a 

10 provision or title, which if introduced as a bill, 

11 would be referred to such committee, and the 

12 provision sets forth the procedure to carry out 

13 or implement the substantive provisions that 

14 were reported and which fall within the jurisdic15 tion of such committee; or 

16 (B) the provision states an exception to, or 

17 a special application of, the general provision or 

18 title of which it is a part and such general pro19 vision or title if introduced as a bill, would be 

20 referred to such committee. 

21 (5) TECHNICAL AND CONFORMING AMEND22 MENTS.—Technical and conforming provisions shall 

23 not be considered extraneous under this subsection. 

24 (6) EXTRANEOUS MATERIALS.—Upon the re25 porting of a reconciliation bill pursuant to this subVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 section in the Senate, and again upon the submis2 sion of a conference report on such a reconciliation 

3 bill, the Committee on the Budget of the Senate 

4 shall submit for the record a list of material consid5 ered to be extraneous under paragraph (2) (A), (C), 

6 and (D), to the instructions of a committee as pro7 vided in this section. The inclusion or exclusion of 

8 a provision shall not constitute a determination of 

9 extraneousness by the Presiding Officer of the Sen10 ate. 

11 (7) CONFERENCE REPORTS.—When the Senate 

12 is considering a conference report on, or an amend13 ment between the Houses in relation to, a reconcili14 ation bill pursuant to this section, upon a point of 

15 order being made by any Senator against extraneous 

16 material meeting the definition of this subsection, 

17 and such point of order being sustained, such mate18 rial contained in such conference report or amend19 ment shall be deemed stricken, and the Senate shall 

20 proceed, without intervening action or motion, to 

21 consider the question of whether the Senate shall re22 cede from its amendment and concur with a further 

23 amendment, or concur in the House amendment 

24 with a further amendment, as the case may be, 

25 which further amendment shall consist of only that 

70 

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1 portion of the conference report or House amend2 ment, as the case may be, not so stricken. Any such 

3 motion in the Senate shall be debatable for two 

4 hours. In any case in which such point of order is 

5 sustained against a conference report (or Senate 

6 amendment derived from such conference report by 

7 operation of this subsection), no further amendment 

8 shall be in order. 

9 (i) DETERMINATIONS AND POINTS OF ORDER.—Not10 withstanding any other law or rule of the Senate, it shall 

11 be in order for a Senator to raise a single point of order 

12 that several provisions of a bill, resolution, amendment, 

13 motion, or conference report violate this section. The Pre14 siding Officer may sustain the point of order as to some 

15 or all of the provisions against which the Senator raised 

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

17 point of order as to some of the provisions (including pro18 visions of an amendment, motion, or conference report) 

19 against which the Senator raised the point of order, then 

20 only those provisions (including provisions of an amend21 ment, motion, or conference report) against which the Pre22 siding Officer sustains the point of order shall be deemed 

23 stricken pursuant to this section. Before the Presiding Of24 ficer rules on such a point of order, any Senator may move 

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

71 

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1 all of the provisions against which the point of order was 

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

3 with the rules and precedents of the Senate. After the Pre4 siding Officer rules on such a point of order, any Senator 

5 may appeal the ruling of the Presiding Officer on such 

6 a point of order as it applies to some or all of the provi7 sions on which the Presiding Officer ruled. 

8 SEC. 224. REVISED ESTIMATES AND FINAL MAXIMUM DEF9 ICIT AMOUNT SEQUESTRATION REPORTS. 

10 (a) REVISED ESTIMATES, DETERMINATIONS, AND

11 FINAL MAXIMUM DEFICIT AMOUNT SEQUESTRATION RE12 PORTS.—On the dates specified in section 202(a), OMB 

13 shall submit to the President and Congress, and CBO 

14 shall submit to Congress, a revised report— 

15 (1) indicating whether and to what extent, as a 

16 result of laws enacted and regulations promulgated 

17 after the submission of their preview report under 

18 section 222(a), the excess deficit identified in the re19 port submitted under such subsection has been 

20 eliminated, reduced, or increased; and 

21 (2) adjusting the determinations made under 

22 section 222(a) to the extent necessary. 

23 The final report submitted under this subsection shall con24 tain estimates, determinations, and specifications for all 

25 of the items contained in the maximum deficit amount recVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 onciliation report and shall be based on the same economic 

2 and technical assumptions and employ the same meth3 odologies shall be based on the supplemental budget esti4 mates under section 1106 of title 31, United States Code, 

5 and the CBO report shall be based on the most recent 

6 report required by section 202(e)(2) of the Congressional 

7 Budget Act of 1974. Estimates shall be consistent with 

8 the methodology under section 257 of the Balanced Budg9 et and Enforcement Act Deficit Control Act of 1985. The 

10 reports shall provide for the determination of reductions 

11 in the manner specified in section 222(a)(3). 

12 (b) DATES FOR SUBMISSION OF REPORTS AND

13 ISSUANCE OF ORDERS.—If the date specified for the sub14 mission of a report by the Director of OMB under this 

15 section falls on a Sunday or legal holiday, such report shall 

16 be submitted or such order issued on the following day. 

17 (c) PRINTING OF REPORTS.—Each report submitted 

18 under this section shall be printed in the Federal Register 

19 on the date it is issued; and the reports of the Director 

20 of OMB submitted to the Congress under subsection 

21 (a)(1) shall be printed as documents of the Senate and 

22 the House of Representatives. 

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1 SEC. 225. MAXIMUM DEFICIT AMOUNT—PRESIDENTIAL 

2 ORDER. 

3 (a) IN GENERAL.—On the date specified in section 

4 202(a) and following the submission of a report by the 

5 Director of OMB to the President and Congress under 

6 section 224 that identifies an amount by which the deficit 

7 for a fiscal year will exceed the maximum deficit amount 

8 for such fiscal year the President, in strict accordance with 

9 the requirements set forth in section 227, shall eliminate 

10 the full amount of the deficit excess by issuing an order 

11 that eliminates the direct spending authority and outlays 

12 resulting therefrom in accordance with such report from 

13 each budget account activity as identified in the program 

14 and financing schedules contained in the appendix to the 

15 Budget of the United States Government for that fiscal 

16 year, applying the same reduction percentage as the per17 centage by which the account is reduced in such report. 

18 (b) ORDER TO BE BASED ON OMB REPORT.—The 

19 order must provide for reductions in the manner specified 

20 in section 224, and must be consistent with such report 

21 in all respects. The President may not modify or recal22 culate any of the estimates, determinations, specifications, 

23 bases, amounts or percentages set forth in the report sub24 mitted under section 224 in determining the reductions 

25 to be specified in the order with respect to budget activi26 ties, within an account. 

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1 (c) EFFECT OF SEQUESTRATION UNDER PRESI2 DENTIAL ORDER.—Amounts sequestered under an order 

3 issued by the President under subsection (a) for a fiscal 

4 year shall be permanently cancelled in accordance with 

5 such final order. 

6 (d) ACCOMPANYING MESSAGE.—At the time the ac7 tions described in the preceding provisions of this sub8 section with respect to any fiscal year are taken, the Presi9 dent shall transmit to both Houses of the Congress a mes10 sage containing all the information required by this sec11 tion and further specifying in strict accordance with sub12 section (b)— 

13 (1) within each account, and the amounts which 

14 are to be sequestered or reduced for each such pro15 gram, project, and activity or budget account activ16 ity; and 

17 (2) such other supporting details as the Presi18 dent may determine to be appropriate. 

19 Upon receipt in the Senate and the House of Representa20 tives, the message shall be referred to all committees with 

21 jurisdiction over programs, projects, and activities affected 

22 by the order. 

23 (e) EFFECTIVE DATE OF ORDER.—The order issued 

24 by the President under subsection (a) with respect to any 

25 fiscal year shall be effective as of the date of its issuance. 

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1 SEC. 226. CONGRESSIONAL RESPONSE TO LOW GROWTH. 

2 (a) SPECIAL PROCEDURES IN THE EVENT OF LOW

3 ECONOMIC GROWTH.— 

4 (1) IN GENERAL.—The Director of the Con5 gressional Budget Office shall notify the Congress at 

6 any time if— 

7 (A) during the period consisting of the 

8 quarter during which such notification is given, 

9 the quarter preceding such notification, and the 

10 four quarters following such notification, such 

11 Office or the Office of Management and Budget 

12 has determined that real economic growth is 

13 projected or estimated to be less than zero with 

14 respect to each of any two consecutive quarters 

15 within such period, or 

16 (B) the Department of Commerce prelimi17 nary reports of actual real economic growth (or 

18 any subsequent revision thereof) indicate that 

19 the rate of real economic growth for each of the 

20 most recent reported quarter and the imme21 diately preceding quarter is less than one per22 cent. 

23 Upon such notification the majority leader of each 

24 House shall introduce a joint resolution (in the form 

25 set forth in paragraph (2)) declaring that the condi26 tions specified in this paragraph are met and susVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 pending the relevant provisions of this title for the 

2 remainder of the current fiscal year or for the fol3 lowing fiscal year or both. 

4 (2) FORM OF JOINT RESOLUTION.— 

5 (A) MATTER.—The matter after the re6 solving clause in any joint resolution introduced 

7 pursuant to paragraph (1) shall be as follows: 

8 ‘‘That the Congress declares that the conditions 

9 specified in section 226(a)(1) of the Stop Over 

10 Spending Act of 2006 are met and the provi11 sions of that Act, including sequestration of dis12 cretionary spending under subtitle B and se13 questration of direct spending under subtitle C 

14 of that Act are suspended for the remainder of 

15 the current year, and for the fiscal year fol16 lowing the current year. This joint resolution 

17 shall not have the effect of suspending any final 

18 order which was issued for the current fiscal 

19 year under the SOS Act if such order was 

20 issued before the date of the enactment of this 

21 joint resolution. 

22 (B) TITLE.—The title of the joint resolu23 tion shall be ‘‘Joint resolution suspending cer24 tain provisions of law pursuant to SOS Act.’’ 

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1 and the joint resolution shall not contain any 

2 preamble. 

3 (b) COMMITTEE ACTION.—Each joint resolution in4 troduced pursuant to subsection (a) shall be referred to 

5 the Committee on the Budget of the appropriate House; 

6 and such Committee shall report the joint resolution to 

7 its House without amendment on or before the fifth day 

8 on which such House is in session after the date on which 

9 the joint resolution is introduced. If the Committee fails 

10 to report the joint resolution within the 5-day period re11 ferred to in the preceding sentence, it shall be automati12 cally discharged from further consideration of the joint 

13 resolution, and the joint resolution shall be placed on the 

14 appropriate calendar. 

15 (c) CONSIDERATION OF JOINT RESOLUTION.— 

16 (1) IN GENERAL.—A vote on final passage of a 

17 joint resolution reported to a House of the Congress 

18 or discharged pursuant to subsection (b) shall be 

19 taken on or before the close of the fifth calendar day 

20 of session of such House after the date on which the 

21 joint resolution is reported to such House or after 

22 the Committee has been discharged from further 

23 consideration of the joint resolution. If prior to the 

24 passage by 1 House of a joint resolution of that 

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1 House, that House received the same joint resolution 

2 from the other House, then— 

3 (A) the procedure in that House shall be 

4 the same as if no such joint resolution had been 

5 received from the other House; and 

6 (B) the vote on final passage shall be on 

7 the joint resolution of the other House. 

8 When the joint resolution is agreed to, the Secretary 

9 of the Senate (in the case of a House joint resolu10 tion agreed to in the House of Representatives) or 

11 the Clerk of the House of Representatives (in the 

12 case of a Senate joint resolution agreed to in the 

13 Senate) shall cause the joint resolution to be en14 grossed, certified, and transmitted to the other 

15 House of Congress as soon as practicable. 

16 (2) HOUSE.— 

17 (A) PROCEEDING.—A motion in the House 

18 of Representatives to proceed to the consider19 ation of a joint resolution under this subsection 

20 shall be highly privileged and not debatable. An 

21 amendment to the motion shall not be in order, 

22 nor shall it be in order to move to reconsider 

23 the vote by which the motion is agreed to or 

24 disagreed to. 

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1 (B) DEBATE.—Debate in the House of 

2 Representatives on a joint resolution under this 

3 subsection shall be limited to not more than 5 

4 hours, which shall be divided equally between 

5 those favoring and those opposing the joint res6 olution. A motion to postpone, made in the 

7 House of Representatives with respect to the 

8 consideration of a joint resolution under this 

9 subsection, and a motion to proceed to the con10 sideration of other business, shall not be in 

11 order. A motion further to limit debate shall 

12 not be debatable. It shall not be in order to 

13 move to table or to recommit a joint resolution 

14 under this subsection or to move to reconsider 

15 the vote by which the joint resolution is agreed 

16 to or disagreed to. 

17 (C) APPEALS.—All appeals from the deci18 sions of the Chair relating to the application of 

19 the Rules of the House of Representatives to 

20 the procedure relating to a joint resolution 

21 under this subsection shall be decided without 

22 debate. 

23 (D) FORM OF RESOLUTION.—Except to 

24 the extent specifically provided in this sub25 section or in paragraph (4), consideration of a 

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1 joint resolution under this paragraph shall be 

2 governed by the Rules of the House of Rep3 resentatives. 

4 (3) SENATE.— 

5 (A) PROCEEDING.—A motion in the Sen6 ate to proceed to the consideration of a joint 

7 resolution under this subsection shall be privi8 leged and not debatable. An amendment to the 

9 motion shall not be in order, nor shall it be in 

10 order to move to reconsider the vote by which 

11 the motion is agreed to or disagreed to. 

12 (B) DEBATE.—Debate in the Senate on a 

13 joint resolution under this subsection, and all 

14 debatable motions and appeals in connection 

15 therewith, shall be limited to not more than five 

16 hours. The time shall be equally divided be17 tween, and controlled by, the majority leader 

18 and the minority leader or their designees. 

19 (C) MOTIONS AND APPEALS.—Debate in 

20 the Senate on any debatable motion or appeal 

21 in connection with a joint resolution under this 

22 subsection shall be limited to not more than one 

23 hour, to be equally divided between, and con24 trolled by, the mover and the manager of the 

25 joint resolution, except that in the event the 

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1 manager of the joint resolution is in favor of 

2 any such motion or appeal, the time in opposi3 tion thereto shall be controlled by the minority 

4 leader or his designee. 

5 (D) LIMIT DEBATE OR RECOMMIT.—A mo6 tion in the Senate to further limit debate on a 

7 joint resolution under this subsection is not de8 batable. A motion to table or to recommit a 

9 joint resolution under this subsection is not in 

10 order. 

11 (4) NO AMENDMENTS.—No amendment to a 

12 joint resolution considered under this subsection 

13 shall be in order in either the Senate or the House 

14 of Representatives. 

15 SEC. 227. EXEMPTIONS FROM SEQUESTRATION. 

16 (a) IN GENERAL.—Except as provided in subsection 

17 (b), all direct spending and outlays flowing therefrom shall 

18 be subject to the sequestration procedures under this sub19 title. 

20 (b) EXEMPTIONS.— 

21 (1) SOCIAL SECURITY BENEFITS AND TIER I

22 RAILROAD RETIREMENT BENEFITS.—Benefits pay23 able under the old-age, survivors, and disability in24 surance program established under title II of the So25 cial Security Act, or in benefits payable under secVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
82 

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1 tion 3(a), 3(f)(3), 4(a), or 4(f) of the Railroad Re2 tirement Act of 1974, shall be exempt from any re3 duction under any order issued under this part. 

4 (2) IN BUDGET.— 

5 (A) PRESIDENT’S BUDGET.—The Presi6 dent shall include in the budget submitted pur7 suant to section 1105 of title 31, United States 

8 Code, specific accounts or activities where 

9 amounts are not available for sequestration in 

10 order to prevent Federal default (including out11 lays for interest on the public debt, outlays for 

12 claims against the United States, outlays for 

13 miscellaneous permanent appropriations and 

14 outlays for existing contracts.) 

15 (B) JUSTIFICATION.—The President shall 

16 include a justification for each exemption sub17 mitted pursuant to subparagraph (A). 

18 (C) APPLICATION.—The exemptions pro19 vided in paragraph (1) and the exemptions sub20 mitted by the President under this paragraph 

21 shall stand as the only exemptions to sequestra22 tion procedures under this subtitle, unless oth23 erwise provided by law. 

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1 SEC. 228. SUBMISSION OF PRESIDENT’S BUDGET; MAXIMUM 

2 DEFICIT AMOUNT MAY NOT BE EXCEEDED. 

3 Section 1105 of title 31, United States Code, is 

4 amended by adding at the end thereof the following: 

5 ‘‘(i) The budget transmitted pursuant to subsection 

6 (a) for a fiscal year shall be prepared consistent with sec7 tion 257 of the Balanced Budget and Emergency Deficit 

8 Control Act of 1985, in such a manner as to ensure that 

9 the discretionary spending limits under section 212 of the 

10 Stop Over Spending Act of 2006 and the deficit for such 

11 fiscal year shall not exceed the maximum deficit amount 

12 for such fiscal year.’’. 

13 TITLE III—BIENNIAL BUDGET 

14 AND APPROPRIATIONS 

15 SEC. 301. REVISION OF TIMETABLE. 

16 Section 300 of the Congressional Budget Act of 1974 

17 (2 U.S.C. 631) is amended to read as follows: 

18 ‘‘TIMETABLE

19 ‘‘SEC. 300. (a) IN GENERAL.—Except as provided by 

20 subsection (b), the timetable with respect to the congres21 sional budget process for any Congress (beginning with 

22 the 110th Congress) is as follows: 

‘‘First Session 

On or before: Action to be completed: 

First Monday in February.President submits the biennial budget recommendations.

February 15 .................... Congressional Budget Office submits report 

to Budget Committees.

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‘‘First Session—Continued 

Not later than 6 weeks 

after the biennial budget submission.

Committees submit views and estimates to 

Budget Committees.

April 1 ............................. Budget Committees report concurrent resolution on the biennial budget.

May 15 ............................ Congress completes action on concurrent resolution on the biennial budget.

May 15 ............................ Biennial appropriation bills may be considered in the House.

June 10 ........................... House Appropriations Committee reports last 

biennial appropriation bill.

June 30 ........................... House completes action on biennial appropriation bills.

August 1 ......................... Congress completes action on reconciliation 

legislation.

October 1 ........................ Biennium begins. 

‘‘Second Session 

On or before: Action to be completed: 

February 15 .................... President submits biennial budget review.

Not later than 6 weeks 

after President submits 

budget review.

Congressional Budget Office submits report 

to Budget Committees.

The last day of the session.Congress completes action on bills and resolutions authorizing new budget authority for 

the succeeding biennium. 

1 ‘‘(b) SPECIAL RULE.—In the case of any first session 

2 of Congress that begins in any year immediately following 

3 a leap year and during which the term of a President (ex4 cept a President who succeeds himself or herself) begins, 

5 the following dates shall supersede those set forth in sub6 section (a): 

‘‘First Session 

On or before: Action to be completed: 

First Monday in April ..... President submits the biennial budget recommendations.

April 20 ........................... Committees submit views and estimates to 

Budget Committees.

May 15 ............................ Budget Committees report concurrent resolution on the biennial budget.

June 1 ............................. Congress completes action on concurrent resolution on the biennial budget.

July 1 .............................. Biennial appropriation bills may be considered in the House.

July 20 ............................ House completes action on biennial appropriation bills.

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‘‘First Session—Continued 

August 1 ......................... Congress completes action on reconciliation 

legislation.

October 1 ........................ Biennium begins.’’. 

1 SEC. 302. AMENDMENTS TO THE CONGRESSIONAL BUDGET 

2 AND IMPOUNDMENT CONTROL ACT OF 1974. 

3 (a) DECLARATION OF PURPOSE.—Section 2(2) of the 

4 Congressional Budget and Impoundment Control Act of 

5 1974 (2 U.S.C. 621(2)) is amended by striking ‘‘each 

6 year’’ and inserting ‘‘biennially’’. 

7 (b) DEFINITIONS.— 

8 (1) BUDGET RESOLUTION.—Section 3(4) of 

9 such Act (2 U.S.C. 622(4)) is amended by striking 

10 ‘‘fiscal year’’ each place it appears and inserting ‘‘bi11 ennium’’. 

12 (2) BIENNIUM.—Section 3 of such Act (2 

13 U.S.C. 622) is further amended by adding at the 

14 end the following new paragraph: 

15 ‘‘(11) The term ‘biennium’ means the period of 

16 2 consecutive fiscal years beginning on October 1 of 

17 any odd-numbered year.’’. 

18 (c) BIENNIAL CONCURRENT RESOLUTION ON THE

19 BUDGET.— 

20 (1) SECTION HEADING.—The section heading of 

21 section 301 of such Act is amended by striking ‘‘AN22 NUAL’’ and inserting ‘‘BIENNIAL’’. 

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1 (2) CONTENTS OF RESOLUTION.—Section 

2 301(a) of such Act (2 U.S.C. 632(a)) is amended— 

3 (A) in the matter preceding paragraph (1) 

4 by— 

5 (i) striking ‘‘April 15 of each year’’ 

6 and inserting ‘‘May 15 of each odd-num7 bered year’’; 

8 (ii) striking ‘‘the fiscal year beginning 

9 on October 1 of such year’’ the first place 

10 it appears and inserting ‘‘the biennium be11 ginning on October 1 of such year’’; and 

12 (iii) striking ‘‘the fiscal year beginning 

13 on October 1 of such year’’ the second 

14 place it appears and inserting ‘‘each fiscal 

15 year in such period’’; 

16 (B) in paragraph (6), by striking ‘‘for the 

17 fiscal year’’ and inserting ‘‘for each fiscal year 

18 in the biennium’’; and 

19 (C) in paragraph (7), by striking ‘‘for the 

20 fiscal year’’ and inserting ‘‘for each fiscal year 

21 in the biennium’’. 

22 (3) ADDITIONAL MATTERS.—Section 301(b)(3) 

23 of such Act (2 U.S.C. 632(b)) is amended by strik24 ing ‘‘for such fiscal year’’ and inserting ‘‘for either 

25 fiscal year in such biennium’’. 

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1 (4) VIEWS OF OTHER COMMITTEES.—Section 

2 301(d) of such Act (2 U.S.C. 632(d)) is amended by 

3 inserting ‘‘(or, if applicable, as provided by section 

4 300(b))’’ after ‘‘United States Code’’. 

5 (5) HEARINGS.—Section 301(e)(1) of such Act 

6 (2 U.S.C. 632(e)) is amended by— 

7 (A) striking ‘‘fiscal year’’ and inserting 

8 ‘‘biennium’’; and 

9 (B) inserting after the second sentence the 

10 following: ‘‘On or before April 1 of each odd11 numbered year (or, if applicable, as provided by 

12 section 300(b)), the Committee on the Budget 

13 of each House shall report to its House the con14 current resolution on the budget referred to in 

15 subsection (a) for the biennium beginning on 

16 October 1 of that year.’’. 

17 (6) GOALS FOR REDUCING UNEMPLOYMENT.— 

18 Section 301(f) of such Act (2 U.S.C. 632(f)) is 

19 amended by striking ‘‘fiscal year’’ each place it ap20 pears and inserting ‘‘biennium’’. 

21 (7) ECONOMIC ASSUMPTIONS.—Section 

22 301(g)(1) of such Act (2 U.S.C. 632(g)(1)) is 

23 amended by striking ‘‘for a fiscal year’’ and insert24 ing ‘‘for a biennium’’. 

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1 (8) TABLE OF CONTENTS.—The item relating 

2 to section 301 in the table of contents set forth in 

3 section 1(b) of such Act is amended by striking ‘‘An4 nual’’ and inserting ‘‘Biennial’’. 

5 (d) COMMITTEE ALLOCATIONS.—Section 302 of such 

6 Act (2 U.S.C. 633) is amended— 

7 (1) in subsection (a) 

8 (A) in paragraph (1), by— 

9 (i) striking ‘‘for the first fiscal year of 

10 the resolution,’’ and inserting ‘‘for each 

11 fiscal year in the biennium,’’; 

12 (ii) striking ‘‘for that period of fiscal 

13 years’’ and inserting ‘‘for all fiscal years 

14 covered by the resolution’’; and 

15 (iii) striking ‘‘for the fiscal year of 

16 that resolution’’ and inserting ‘‘for each 

17 fiscal year in the biennium’’; and 

18 (B) in paragraph (5), by striking ‘‘April 

19 15’’ and inserting ‘‘May 15 or June 1 (under 

20 section 300(b))’’; 

21 (2) in subsection (b), by striking ‘‘budget year’’ 

22 and inserting ‘‘biennium’’; 

23 (3) in subsection (c) by striking ‘‘for a fiscal 

24 year’’ each place it appears and inserting ‘‘for each 

25 fiscal year in the biennium’’; 

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1 (4) in subsection (f)(1), by striking ‘‘for a fiscal 

2 year’’ and inserting ‘‘for a biennium’’; 

3 (5) in subsection (f)(1), by striking ‘‘the first 

4 fiscal year’’ and inserting ‘‘each fiscal year of the bi5 ennium’’; 

6 (6) in subsection (f)(2)(A), by— 

7 (A) striking ‘‘the first fiscal year’’ and in8 serting ‘‘each fiscal year of the biennium’’; and 

9 (B) striking ‘‘the total of fiscal years’’ and 

10 inserting ‘‘the total of all fiscal years covered by 

11 the resolution’’; and 

12 (7) in subsection (g)(1)(A), by striking ‘‘April’’ 

13 and inserting ‘‘May’’. 

14 (e) SECTION 303 POINT OF ORDER.— 

15 (1) IN GENERAL.—Section 303(a) of such Act 

16 (2 U.S.C. 634(a)) is amended by— 

17 (A) striking ‘‘the first fiscal year’’ and in18 serting ‘‘each fiscal year of the biennium’’; and 

19 (B) striking ‘‘that fiscal year’’ each place 

20 it appears and inserting ‘‘that biennium’’. 

21 (2) EXCEPTIONS IN THE HOUSE.—Section 

22 303(b)(1) of such Act (2 U.S.C. 634(b)) is amend23 ed— 

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1 (A) in subparagraph (A), by striking ‘‘the 

2 budget year’’ and inserting ‘‘the biennium’’; 

3 and 

4 (B) in subparagraph (B), by striking ‘‘the 

5 fiscal year’’ and inserting ‘‘the biennium’’. 

6 (3) APPLICATION TO THE SENATE.—Section 

7 303(c)(1) of such Act (2 U.S.C. 634(c)) is amended 

8 by— 

9 (A) striking ‘‘fiscal year’’ and inserting 

10 ‘‘biennium’’; and 

11 (B) striking ‘‘that year’’ and inserting 

12 ‘‘each fiscal year of that biennium’’. 

13 (f) PERMISSIBLE REVISIONS OF CONCURRENT RESO14 LUTIONS ON THE BUDGET.—Section 304 of such Act (2 

15 U.S.C. 635) is amended by— 

16 (1) striking ‘‘fiscal year’’ the first two places it 

17 appears and inserting ‘‘biennium’’; and 

18 (2) striking ‘‘for such fiscal year’’ and inserting 

19 ‘‘for such biennium’’. 

20 (g) PROCEDURES FOR CONSIDERATION OF BUDGET

21 RESOLUTIONS.—Section 305 of such Act (2 U.S.C. 

22 636(3)) is amended— 

23 (1) in subsection (a)(3), by striking ‘‘fiscal 

24 year’’ and inserting ‘‘biennium’’; and 

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1 (2) in subsection (b)(3), by striking ‘‘fiscal 

2 year’’ and inserting ‘‘biennium’’. 

3 (h) COMPLETION OF HOUSE ACTION ON APPROPRIA4 TION BILLS.—Section 307 of such Act (2 U.S.C. 638) is 

5 amended by— 

6 (1) striking ‘‘each year’’ and inserting ‘‘each 

7 odd-numbered year’’; 

8 (2) striking ‘‘annual’’ and inserting ‘‘biennial’’; 

9 (3) striking ‘‘fiscal year’’ and inserting ‘‘bien10 nium’’; and 

11 (4) striking ‘‘that year’’ and inserting ‘‘each 

12 odd-numbered year’’. 

13 (i) COMPLETION OF ACTION ON REGULAR APPRO14 PRIATION BILLS.—Section 309 of such Act (2 U.S.C. 

15 640) is amended by— 

16 (1) inserting ‘‘of any odd-numbered calendar 

17 year’’ after ‘‘July’’; 

18 (2) striking ‘‘annual’’ and inserting ‘‘biennial’’; 

19 and 

20 (3) striking ‘‘fiscal year’’ and inserting ‘‘bien21 nium’’. 

22 (j) RECONCILIATION PROCESS.—Section 310(a) of 

23 such Act (2 U.S.C. 641(a)) is amended— 

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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘any fiscal year’’ and inserting ‘‘any bien3 nium’’; and 

4 (2) in paragraph (1) by striking ‘‘such fiscal 

5 year’’ each place it appears and inserting ‘‘any fiscal 

6 year covered by such resolution’’. 

7 (k) SECTION 311 POINT OF ORDER.— 

8 (1) IN THE HOUSE.—Section 311(a)(1) of such 

9 Act (2 U.S.C. 642(a)) is amended by— 

10 (A) striking ‘‘for a fiscal year’’ and insert11 ing ‘‘for a biennium’’; 

12 (B) striking ‘‘the first fiscal year’’ each 

13 place it appears and inserting ‘‘either fiscal 

14 year of the biennium’’; and 

15 (C) striking ‘‘that first fiscal year’’ and in16 serting ‘‘each fiscal year in the biennium’’. 

17 (2) IN THE SENATE.—Section 311(a)(2) of 

18 such Act is amended— 

19 (A) in subparagraph (A), by striking ‘‘for 

20 the first fiscal year’’ and inserting ‘‘for either 

21 fiscal year of the biennium’’; and 

22 (B) in subparagraph (B) by— 

23 (i) striking ‘‘that first fiscal year’’ the 

24 first place it appears and inserting ‘‘each 

25 fiscal year in the biennium’’; and 

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1 (ii) striking ‘‘that first fiscal year and 

2 the ensuing fiscal years’’ and inserting ‘‘all 

3 fiscal years’’. 

4 (3) SOCIAL SECURITY LEVELS.—Section 

5 311(a)(3) of such Act is amended by— 

6 (A) striking ‘‘for the first fiscal year’’ and 

7 inserting ‘‘each fiscal year in the biennium’’; 

8 and 

9 (B) striking ‘‘that fiscal year and the ensu10 ing fiscal years’’ and inserting ‘‘all fiscal 

11 years’’. 

12 (l) MAXIMUM DEFICIT AMOUNT POINT OF ORDER.— 

13 Section 312(c) of the Congressional Budget Act of 1974 

14 (2 U.S.C. 643) is amended— 

15 (1) by striking ‘‘for a fiscal year’’ and inserting 

16 ‘‘for a biennium’’; 

17 (2) in paragraph (1), by striking ‘‘the first fis18 cal year’’ and inserting ‘‘either fiscal year in the bi19 ennium’’; 

20 (3) in paragraph (2), by striking ‘‘that fiscal 

21 year’’ and inserting ‘‘either fiscal year in the bien22 nium’’; and 

23 (4) in the matter following paragraph (2), by 

24 striking ‘‘that fiscal year’’ and inserting ‘‘the appli25 cable fiscal year’’. 

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1 SEC. 303. AMENDMENTS TO TITLE 31, UNITED STATES 

2 CODE. 

3 (a) DEFINITION.—Section 1101 of title 31, United 

4 States Code, is amended by adding at the end thereof the 

5 following new paragraph: 

6 ‘‘(3) ‘biennium’ has the meaning given to such 

7 term in paragraph (11) of section 3 of the Congres8 sional Budget and Impoundment Control Act of 

9 1974 (2 U.S.C. 622(11)).’’. 

10 (b) BUDGET CONTENTS AND SUBMISSION TO THE

11 CONGRESS.— 

12 (1) SCHEDULE.—The matter preceding para13 graph (1) in section 1105(a) of title 31, United 

14 States Code, is amended to read as follows: 

15 ‘‘(a) On or before the first Monday in February of 

16 each odd-numbered year (or, if applicable, as provided by 

17 section 300(b) of the Congressional Budget Act of 1974), 

18 beginning with the One Hundred Tenth Congress, the 

19 President shall transmit to the Congress, the budget for 

20 the biennium beginning on October 1 of such calendar 

21 year. The budget of the United States Government trans22 mitted under this subsection shall include a budget mes23 sage and summary and supporting information. The 

24 President shall include in each budget the following:’’. 

25 (2) EXPENDITURES.—Section 1105(a)(5) of 

26 title 31, United States Code, is amended by striking 

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1 ‘‘the fiscal year for which the budget is submitted 

2 and the 4 fiscal years after that year’’ and inserting 

3 ‘‘each fiscal year in the biennium for which the 

4 budget is submitted and in the succeeding 4 fiscal 

5 years’’. 

6 (3) RECEIPTS.—Section 1105(a)(6) of title 31, 

7 United States Code, is amended by striking ‘‘the fis8 cal year for which the budget is submitted and the 

9 4 fiscal years after that year’’ and inserting ‘‘each 

10 fiscal year in the biennium for which the budget is 

11 submitted and in the succeeding 4 years’’. 

12 (4) BALANCE STATEMENTS.—Section 

13 1105(a)(9)(C) of title 31, United States Code, is 

14 amended by striking ‘‘the fiscal year’’ and inserting 

15 ‘‘each fiscal year in the biennium’’. 

16 (5) FUNCTIONS AND ACTIVITIES.—Section 

17 1105(a)(12) of title 31, United States Code, is 

18 amended in subparagraph (A), by striking ‘‘the fis19 cal year’’ and inserting ‘‘each fiscal year in the bien20 nium’’. 

21 (6) ALLOWANCES.—Section 1105(a)(13) of title 

22 31, United States Code, is amended by striking ‘‘the 

23 fiscal year’’ and inserting ‘‘each fiscal year in the bi24 ennium’’. 

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1 (7) ALLOWANCES FOR UNCONTROLLED EX2 PENDITURES.—Section 1105(a)(14) of title 31, 

3 United States Code, is amended by striking ‘‘that 

4 year’’ and inserting ‘‘each fiscal year in the bien5 nium for which the budget is submitted’’. 

6 (8) TAX EXPENDITURES.—Section 1105(a)(16) 

7 of title 31, United States Code, is amended by strik8 ing ‘‘the fiscal year’’ and inserting ‘‘each fiscal year 

9 in the biennium’’. 

10 (9) FUTURE YEARS.—Section 1105(a)(17) of 

11 title 31, United States Code, is amended by— 

12 (A) striking ‘‘the fiscal year following the 

13 fiscal year’’ and inserting ‘‘each fiscal year in 

14 the biennium following the biennium’’; 

15 (B) striking ‘‘that following fiscal year’’ 

16 and inserting ‘‘each such fiscal year’’; and 

17 (C) striking ‘‘fiscal year before the fiscal 

18 year’’ and inserting ‘‘biennium before the bien19 nium’’. 

20 (10) PRIOR YEAR OUTLAYS.—Section 

21 1105(a)(18) of title 31, United States Code, is 

22 amended by— 

23 (A) striking ‘‘the prior fiscal year’’ and in24 serting ‘‘each of the 2 most recently completed 

25 fiscal years,’’; 

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1 (B) striking ‘‘for that year’’ and inserting 

2 ‘‘with respect to those fiscal years’’; and 

3 (C) striking ‘‘in that year’’ and inserting 

4 ‘‘in those fiscal years’’. 

5 (11) PRIOR YEAR RECEIPTS.—Section 

6 1105(a)(19) of title 31, United States Code, is 

7 amended by— 

8 (A) striking ‘‘the prior fiscal year’’ and in9 serting ‘‘each of the 2 most recently completed 

10 fiscal years’’; 

11 (B) striking ‘‘for that year’’ and inserting 

12 ‘‘with respect to those fiscal years’’; and 

13 (C) striking ‘‘in that year’’ each place it 

14 appears and inserting ‘‘in those fiscal years’’. 

15 (c) ESTIMATED EXPENDITURES OF LEGISLATIVE

16 AND JUDICIAL BRANCHES.—Section 1105(b) of title 31, 

17 United States Code, is amended by striking ‘‘each year’’ 

18 and inserting ‘‘each even-numbered year’’. 

19 (d) RECOMMENDATIONS TO MEET ESTIMATED DE20 FICIENCIES.—Section 1105(c) of title 31, United States 

21 Code, is amended by— 

22 (1) striking ‘‘the fiscal year for’’ the first place 

23 it appears and inserting ‘‘each fiscal year in the bi24 ennium for’’; 

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1 (2) striking ‘‘the fiscal year for’’ the second 

2 place it appears and inserting ‘‘each fiscal year of 

3 the biennium, as the case may be, for’’; and 

4 (3) striking ‘‘for that year’’ and inserting ‘‘for 

5 each fiscal year of the biennium’’. 

6 (e) CAPITAL INVESTMENT ANALYSIS.—Section 

7 1105(e)(1) of title 31, United States Code, is amended 

8 by striking ‘‘ensuing fiscal year’’ and inserting ‘‘biennium 

9 to which such budget relates’’. 

10 (f) SUPPLEMENTAL BUDGET ESTIMATES AND

11 CHANGES.— 

12 (1) IN GENERAL.—Section 1106(a) of title 31, 

13 United States Code, is amended— 

14 (A) in the matter preceding paragraph (1), 

15 by— 

16 (i) inserting after ‘‘Before July 16 of 

17 each year’’ the following: ‘‘and February 

18 15 of each even-numbered year’’; and 

19 (ii) striking ‘‘fiscal year’’ and insert20 ing ‘‘biennium’’; 

21 (B) in paragraph (1), by striking ‘‘that fis22 cal year’’ and inserting ‘‘each fiscal year in 

23 such biennium’’; 

24 (C) in paragraph (2), by striking ‘‘fiscal 

25 year’’ and inserting ‘‘biennium’’; and 

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1 (D) in paragraph (3), by striking ‘‘fiscal 

2 year’’ and inserting ‘‘biennium’’. 

3 (2) CHANGES.—Section 1106(b) of title 31, 

4 United States Code, is amended by— 

5 (A) striking ‘‘the fiscal year’’ and inserting 

6 ‘‘each fiscal year in the biennium’’; 

7 (B) inserting after ‘‘Before July 16 of each 

8 year’’ the following: ‘‘and February 15 of each 

9 even-numbered year’’; and 

10 (C) striking ‘‘submitted before July 16’’ 

11 and inserting ‘‘required by this subsection’’. 

12 (g) CURRENT PROGRAMS AND ACTIVITIES ESTI13 MATES.— 

14 (1) IN GENERAL.—Section 1109(a) of title 31, 

15 United States Code, is amended by— 

16 (A) striking ‘‘On or before the first Mon17 day after January 3 of each year (on or before 

18 February 5 in 1986)’’ and inserting ‘‘At the 

19 same time the budget required by section 1105 

20 is submitted for a biennium’’; and 

21 (B) striking ‘‘the following fiscal year’’ and 

22 inserting ‘‘each fiscal year of such period’’. 

23 (2) JOINT ECONOMIC COMMITTEE.—Section 

24 1109(b) of title 31, United States Code, is amended 

25 by striking ‘‘March 1 of each year’’ and inserting 

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1 ‘‘within 6 weeks of the President’s budget submis2 sion for each odd-numbered year (or, if applicable, 

3 as provided by section 300(b) of the Congressional 

4 Budget Act of 1974)’’. 

5 (h) YEAR-AHEAD REQUESTS FOR AUTHORIZING

6 LEGISLATION.—Section 1110 of title 31, United States 

7 Code, is amended by— 

8 (1) striking ‘‘May 16’’ and inserting ‘‘March 

9 31’’; and 

10 (2) striking ‘‘year before the year in which the 

11 fiscal year begins’’ and inserting ‘‘calendar year pre12 ceding the calendar year in which the biennium be13 gins’’. 

14 SEC. 304. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE 

15 OF APPROPRIATIONS ACTS. 

16 Section 105 of title 1, United States Code, is amend17 ed to read as follows: 

18 ‘‘§ 105. Title and style of appropriations Acts 

19 ‘‘(a) The style and title of all Acts making appropria20 tions for the support of the Government shall be as fol21 lows: ‘An Act making appropriations (here insert the ob22 ject) for each fiscal year in the biennium of fiscal years 

23 (here insert the fiscal years of the biennium).’. 

24 ‘‘(b) All Acts making regular appropriations for the 

25 support of the Government shall be enacted for a biennium 

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1 and shall specify the amount of appropriations provided 

2 for each fiscal year in such period. 

3 ‘‘(c) For purposes of this section, the term ‘biennium’ 

4 has the same meaning as in section 3(11) of the Congres5 sional Budget and Impoundment Control Act of 1974 (2 

6 U.S.C. 622(11)).’’. 

7 SEC. 305. MULTIYEAR AUTHORIZATIONS. 

8 (a) IN GENERAL.—Title III of the Congressional 

9 Budget Act of 1974 is amended by adding at the end the 

10 following new section: 

11 ‘‘AUTHORIZATIONS OF APPROPRIATIONS

12 ‘‘SEC. 316. (a) POINT OF ORDER.—It shall not be 

13 in order in the Senate or the House of Representatives 

14 to consider— 

15 ‘‘(1) any bill, joint resolution, amendment, mo16 tion, or conference report that authorizes appropria17 tions for a period of less than 2 fiscal years, unless 

18 the program, project, or activity for which the ap19 propriations are authorized will require no further 

20 appropriations and will be completed or terminated 

21 after the appropriations have been expended; and 

22 ‘‘(2) in any odd-numbered year, any authoriza23 tion or revenue bill or joint resolution until Congress 

24 completes action on the biennial budget resolution, 

25 all regular biennial appropriations bills, and all rec26 onciliation bills. 

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1 ‘‘(b) APPLICABILITY.—In the Senate, subsection (a) 

2 shall not apply to— 

3 ‘‘(1) any measure that is privileged for consid4 eration pursuant to a rule or statute; 

5 ‘‘(2) any matter considered in Executive Ses6 sion; or 

7 ‘‘(3) an appropriations measure or reconcili8 ation bill.’’. 

9 (b) AMENDMENT TO TABLE OF CONTENTS.—The 

10 table of contents set forth in section 1(b) of the Congres11 sional Budget and Impoundment Control Act of 1974 is 

12 amended by adding after the item relating to section 315 

13 the following new item: 

‘‘Sec. 316. Authorizations of appropriations.’’. 

14 SEC. 306. GOVERNMENT PLANS ON A BIENNIAL BASIS. 

15 (a) STRATEGIC PLANS.—Section 306 of title 5, 

16 United States Code, is amended— 

17 (1) in subsection (a), by striking ‘‘September 

18 30, 1997’’ and inserting ‘‘September 30, 2007’’; 

19 (2) in subsection (b) by— 

20 (A) striking ‘‘five years forward’’ and in21 serting ‘‘6 years forward’’; 

22 (B) striking ‘‘at least every three years’’ 

23 and inserting ‘‘at least every 4 years’’; and 

24 (C) striking beginning with ‘‘, except that’’ 

25 through ‘‘four years’’; and 

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1 (3) in subsection (c), by inserting a comma 

2 after ‘‘section’’ the second place it appears and add3 ing ‘‘including a strategic plan submitted by Sep4 tember 30, 2008 meeting the requirements of sub5 section (a)’’. 

6 (b) BUDGET CONTENTS AND SUBMISSION TO CON7 GRESS.—Paragraph (28) of section 1105(a) of title 31, 

8 United States Code, is amended by striking ‘‘beginning 

9 with fiscal year 1999, a’’ and inserting ‘‘beginning with 

10 fiscal year 2008, a biennial’’. 

11 (c) PERFORMANCE PLANS.—Section 1115 of title 31, 

12 United States Code, is amended— 

13 (1) in subsection (a)— 

14 (A) in the matter before paragraph (1) by 

15 striking ‘‘an annual’’ and inserting ‘‘a bien16 nial’’; 

17 (B) in paragraph (1) by inserting after 

18 ‘‘program activity’’ the following: ‘‘for both 

19 years 1 and 2 of the biennial plan’’; 

20 (C) in paragraph (5) by striking ‘‘and’’ 

21 after the semicolon ; 

22 (D) in paragraph (6) by striking the period 

23 and inserting a semicolon; and inserting ‘‘and’’ 

24 after the inserted semicolon; and 

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1 (E) by adding after paragraph (6) the fol2 lowing: 

3 ‘‘(7) cover a 2-year period beginning with the 

4 first fiscal year of the next biennial budget cycle.’’; 

5 (2) in subsection (d) by striking ‘‘annual’’ and 

6 inserting ‘‘biennial’’; and 

7 (3) in paragraph (6) of subsection (g) by strik8 ing ‘‘annual’’ and inserting ‘‘biennial’’. 

9 (d) MANAGERIAL ACCOUNTABILITY AND FLEXI10 BILITY.—Section 9703 of title 31, United States Code, re11 lating to managerial accountability, is amended— 

12 (1) in subsection (a)— 

13 (A) in the first sentence by striking ‘‘an14 nual’’; and 

15 (B) by striking ‘‘section 1105(a)(29)’’ and 

16 inserting ‘‘section 1105(a)(28)’’; and 

17 (2) in subsection (e)— 

18 (A) in the first sentence by striking ‘‘one 

19 or’’ before ‘‘years’’; 

20 (B) in the second sentence by striking ‘‘a 

21 subsequent year’’ and inserting ‘‘a subsequent 

22 2-year period’’; and 

23 (C) in the third sentence by striking 

24 ‘‘three’’ and inserting ‘‘4’’. 

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1 (e) PILOT PROJECTS FOR PERFORMANCE BUDG2 ETING.—Section 1119 of title 31, United States Code, is 

3 amended— 

4 (1) in paragraph (1) of subsection (d), by strik5 ing ‘‘annual’’ and inserting ‘‘biennial’’; and 

6 (2) in subsection (e), by striking ‘‘annual’’ and 

7 inserting ‘‘biennial’’. 

8 (f) STRATEGIC PLANS.—Section 2802 of title 39, 

9 United States Code, is amended— 

10 (1) in subsection (a), by striking ‘‘September 

11 30, 1997’’ and inserting ‘‘September 30, 2008’’; 

12 (2) in subsection (b), by striking ‘‘five years 

13 forward’’ and inserting ‘‘6 years forward’’; 

14 (3) in subsection (b), by striking ‘‘at least every 

15 three years’’ and inserting ‘‘at least every 4 years’’; 

16 and 

17 (4) in subsection (c), by inserting a comma 

18 after ‘‘section’’ the second place it appears and in19 serting ‘‘including a strategic plan submitted by 

20 September 30, 2008 meeting the requirements of 

21 subsection (a)’’. 

22 (g) PERFORMANCE PLANS.—Section 2803(a) of title 

23 39, United States Code, is amended— 

24 (1) in the matter before paragraph (1), by 

25 striking ‘‘an annual’’ and inserting ‘‘a biennial’’; 

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1 (2) in paragraph (1), by inserting after ‘‘pro2 gram activity’’ the following: ‘‘for both years 1 and 

3 2 of the biennial plan’’; 

4 (3) in paragraph (5), by striking ‘‘and’’ after 

5 the semicolon; 

6 (4) in paragraph (6), by striking the period and 

7 inserting ‘‘; and’’; and 

8 (5) by adding after paragraph (6) the following: 

9 ‘‘(7) cover a 2-year period beginning with the 

10 first fiscal year of the next biennial budget cycle.’’. 

11 (h) COMMITTEE VIEWS OF PLANS AND REPORTS.— 

12 Section 301(d) of the Congressional Budget Act (2 U.S.C. 

13 632(d)) is amended by adding at the end ‘‘Each committee 

14 of the Senate or the House of Representatives shall review 

15 the strategic plans, performance plans, and performance 

16 reports, required under section 306 of title 5, United 

17 States Code, and sections 1115 and 1116 of title 31, 

18 United States Code, of all agencies under the jurisdiction 

19 of the committee. Each committee may provide its views 

20 on such plans or reports to the Committee on the Budget 

21 of the applicable House.’’. 

22 (i) EFFECTIVE DATE.— 

23 (1) IN GENERAL.—The amendments made by 

24 this section shall take effect on the date of enact25 ment of this Act. 

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1 (2) AGENCY ACTIONS.—Effective on and after 

2 the date of enactment of this Act, each agency shall 

3 take such actions as necessary to prepare and sub4 mit any plan or report in accordance with the 

5 amendments made by this Act. 

6 SEC. 307. BIENNIAL APPROPRIATION BILLS. 

7 (a) IN GENERAL.—Title III of the Congressional 

8 Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended 

9 by adding at the end the following: 

10 ‘‘CONSIDERATION OF BIENNIAL APPROPRIATIONS BILLS

11 ‘‘SEC. 317. It shall not be in order in the Senate or 

12 the House of Representatives in any odd-numbered year 

13 to consider any regular bill providing new budget authority 

14 or a limitation on obligations under the jurisdiction of any 

15 of the subcommittees of the Committees on Appropria16 tions for only the first fiscal year of a biennium, unless 

17 the program, project, or activity for which the new budget 

18 authority or obligation limitation is provided will require 

19 no additional authority beyond 1 year and will be com20 pleted or terminated after the amount provided has been 

21 expended.’’. 

22 (b) AMENDMENT TO TABLE OF CONTENTS.—The 

23 table of contents set forth in section 1(b) of the Congres24 sional Budget and Impoundment Control Act of 1974 is 

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1 amended by adding after the item relating to section 316 

2 the following new item: 

‘‘Sec. 317. Consideration of biennial appropriations bills.’’. 

3 SEC. 308. REPORT ON CHANGES IN LAW. 

4 Not later than 60 days after the date of enactment 

5 of this Act, the Director of OMB shall report to the Com6 mittees on the Budget of the Senate and the House of 

7 Representatives any changes in law to the Congressional 

8 Budget Act of 1974 and the provisions of this Act required 

9 to conform with a biennial budget process. 

10 SEC. 309. EFFECTIVE DATE. 

11 Except as provided in sections 306 and 308, this title 

12 and the amendments made by this Act shall take effect 

13 on January 1, 2008, and shall apply to budget resolutions 

14 and appropriations for the biennium beginning with fiscal 

15 year 2009. 

16 TITLE IV—COMMISSIONS 

17 Subtitle A—National Commission 

18 on Entitlement Solvency 

19 SEC. 401. DEFINITIONS. 

20 In this subtitle: 

21 (1) ADMINISTRATOR.—The term ‘‘Adminis22 trator’’ means the Administrator of the Centers for 

23 Medicare & Medicaid Services. 

24 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

25 means a calendar day other than one in which either 

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1 House is not in session because of an adjournment 

2 of more than 3 days to a date certain. 

3 (3) COMMISSION.—The term ‘‘Commission’’ 

4 means the National Commission on Entitlement Sol5 vency established under section 402(a). 

6 (4) COMMISSION BILL.—The term ‘‘Commission 

7 bill’’ means a bill consisting of the proposed legisla8 tive language provisions of the Commission intro9 duced under section 403(a). 

10 (5) COMMISSIONER.—The term ‘‘Commis11 sioner’’ means the Commissioner of Social Security. 

12 (6) LONG-TERM.—The term ‘‘long-term’’ means 

13 a period of not less than 75 years beginning on the 

14 date of enactment of this Act. 

15 (7) MEDICAID.—The term ‘‘Medicaid’’ means 

16 the program established under title XIX of the So17 cial Security Act (42 U.S.C. 1396 et seq.). 

18 (8) MEDICARE.—The term ‘‘Medicare’’ means 

19 the program established under title XVIII of the So20 cial Security Act (42 U.S.C. 1395 et seq.). 

21 (9) SOCIAL SECURITY.—The term ‘‘Social Secu22 rity’’ means the program of old-age, survivors, and 

23 disability insurance benefits established under title 

24 II of the Social Security Act (42 U.S.C. 401 et 

25 seq.). 

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1 SEC. 402. ESTABLISHMENT OF COMMISSION. 

2 (a) ESTABLISHMENT.—There is established a com3 mission to be known as the ‘‘National Commission on En4 titlement Solvency’’. 

5 (b) PURPOSE.—The Commission shall conduct a 

6 comprehensive review of the Social Security, Medicare, 

7 and Medicaid programs for the following purposes: 

8 (1) REVIEW.—Reviewing analyses of the cur9 rent and long-term actuarial financial condition of 

10 the Social Security, Medicare, and Medicaid pro11 grams. 

12 (2) IDENTIFYING PROBLEMS.—Identifying 

13 problems that may threaten the long-term solvency 

14 of the Social Security, Medicare, and Medicaid pro15 grams. 

16 (3) ANALYZING POTENTIAL SOLUTIONS.—Ana17 lyzing potential solutions to problems that threaten 

18 the long-term solvency of the Social Security, Medi19 care, and Medicaid programs. 

20 (4) PROVIDING RECOMMENDATIONS.—Providing 

21 recommendations that will ensure the long-term sol22 vency of the Social Security, Medicare, and Medicaid 

23 programs and the provision of appropriate benefits. 

24 (c) DUTIES.— 

25 (1) IN GENERAL.—The Commission shall con26 duct a comprehensive review of the Social Security, 

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1 Medicare, and Medicaid programs consistent with 

2 the purposes described in subsection (b) and shall 

3 submit the report required under paragraph (2). 

4 (2) REPORT AND RECOMMENDATIONS.— 

5 (A) IN GENERAL.—Not later than 120 

6 days after the date on which the Commission 

7 holds its first meeting, the Commission shall 

8 submit a report on the long-term solvency of 

9 the Social Security, Medicare, and Medicaid 

10 programs that contains a detailed statement of 

11 the findings, conclusions, and recommendations 

12 of the Commission to the President, Congress, 

13 the Commissioner, and the Administrator. 

14 (B) APPROVAL OF REPORT.—The report of 

15 the Commission submitted under subparagraph 

16 (A) shall require the approval of not less than 

17 12 members of the Commission. 

18 (C) LEGISLATIVE LANGUAGE.—If a rec19 ommendation submitted under subparagraph 

20 (A) involves legislative action, the report shall 

21 include proposed legislative language to carry 

22 out such action. 

23 (d) APPOINTMENT OF MEMBERS.— 

24 (1) IN GENERAL.— 

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1 (A) MEMBERSHIP.—The membership of 

2 the commission shall not exceed 16 members 

3 appointed pursuant to subparagraph (B) as vot4 ing members and 3 nonvoting members de5 scribed in subparagraph (C). 

6 (B) VOTING MEMBERS.— 

7 (i) IN GENERAL.—Voting members of 

8 the commission shall be appointed as fol9 lows: 

10 (I) The President shall appoint 2 

11 members, 1 of whom shall be the Sec12 retary of the Treasury. 

13 (II) The majority leader of the 

14 Senate shall appoint 4 members. 

15 (III) The minority leader of the 

16 Senate shall appoint 3 members. 

17 (IV) The Speaker of the House 

18 of Representatives shall appoint 4 

19 members. 

20 (V) The minority leader of the 

21 House of Representatives shall ap22 point 3 members. 

23 (ii) CONGRESSIONAL APPOINTEES.— 

24 The members of the Commission appointed 

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1 under subclauses (II), (III), (IV), and (V) 

2 of clause (i) shall be Members of Congress. 

3 (C) NON-VOTING MEMBER.—The following 

4 shall be nonvoting members of the Commission 

5 and shall advise and assist at the request of the 

6 Commission: 

7 (i) The Chief Actuary of the Social 

8 Security Administration. 

9 (ii) The Chief Actuary of the Centers 

10 for Medicare & Medicaid Services. 

11 (iii) The Director of the Congressional 

12 Budget Office. 

13 (2) CHAIRPERSON.—The Secretary of the 

14 Treasury shall be the chairperson of the Commis15 sion. 

16 (3) DATE.—Members of the Commission shall 

17 be appointed by not later than 30 days after the 

18 date of enactment of this Act. 

19 (4) PERIOD OF APPOINTMENT.—Members shall 

20 be appointed for the life of the Commission. Any va21 cancy in the Commission shall not affect its powers, 

22 but shall be filled in the same manner as the origi23 nal appointment. 

24 (5) TERMINATION.—The Commission shall ter25 minate on the date that is 90 days after the ComVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
114 

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1 mission submits the report required under sub2 section (c)(2). 

3 (e) ADMINISTRATION.— 

4 (1) QUORUM.—Eight members of the Commis5 sion shall constitute a quorum for purposes of vot6 ing, but a quorum is not required for members to 

7 meet and hold hearings. 

8 (2) MEETINGS.—The Commission shall meet at 

9 the call of the chairperson or a majority of its mem10 bers. 

11 (3) HEARINGS.—Subject to paragraph (7), the 

12 Commission may, for the purpose of carrying out 

13 this Act— 

14 (A) hold such hearings, sit and act at such 

15 times and places, take such testimony, receive 

16 such evidence, and administer such oaths the 

17 Commission considers advisable; 

18 (B) require, by subpoena or otherwise, the 

19 attendance and testimony of such witnesses the 

20 Commission considers advisable; and 

21 (C) require, by subpoena or otherwise, the 

22 production of such books, records, correspond23 ence, memoranda, papers, documents, tapes, 

24 and other evidentiary materials relating to any 

25 matter under investigation by the Commission. 

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1 (4) SUBPOENAS.— 

2 (A) ISSUANCE.— 

3 (i) IN GENERAL.—A subpoena may be 

4 issued under this subsection only— 

5 (I) by the chairperson; or 

6 (II) by the affirmative vote of 8 

7 members of the Commission. 

8 (ii) SIGNATURE.—Subpoenas issued 

9 under this subsection may be issued under 

10 the signature of the chairperson of the 

11 Commission and may be served by any per12 son designated by the chairperson or by a 

13 member designated by a majority of the 

14 Commission. 

15 (B) ENFORCEMENT.—In the case of contu16 macy or failure to obey a subpoena issued 

17 under this subsection, the United States district 

18 court for the judicial district in which the sub19 poenaed person resides, is served, or may be 

20 found, may issue an order requiring such per21 son to appear at any designated place to testify 

22 or to produce documentary or other evidence. 

23 Any failure to obey the order of the court may 

24 be punished by the court as a contempt of that 

25 court. 

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1 (5) COMPENSATION.—Members of the Commis2 sion shall serve without any additional compensation 

3 for their work on the Commission. However, mem4 bers may be allowed travel expenses, including per 

5 diem in lieu of subsistence, in accordance with sec6 tions 5702 and 5703 of title 5, United States Code, 

7 while away from their homes or regular places of 

8 business in performance of services for the Commis9 sion. 

10 (6) STAFF.— 

11 (A) IN GENERAL.—With the approval of a 

12 majority of the Commission, the chairperson of 

13 the Commission may appoint an executive direc14 tor and such other additional personnel as may 

15 be necessary to enable the Commission to per16 form its duties. 

17 (B) ACTUARIAL EXPERTS AND CONSULT18 ANTS.—With the approval of a majority of the 

19 Commission, the Executive Director may pro20 cure temporary and intermittent services under 

21 section 3109(b) of title 5, United States Code. 

22 (C) COMPENSATION.—Upon the approval 

23 of the chairperson, the executive director may 

24 fix the compensation of the executive director 

25 and other personnel without regard to chapter 

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1 51 and subchapter III of chapter 53 of title 5, 

2 United States Code, relating to classification of 

3 positions and General Schedule pay rates, ex4 cept that the rate of pay for the executive direc5 tor and other personnel may not exceed the 

6 maximum rate payable for a position at GS–15 

7 of the General Schedule under section 5332 of 

8 such title. 

9 (D) PERSONNEL AS FEDERAL EMPLOY10 EES.— 

11 (i) IN GENERAL.—The executive di12 rector and any personnel of the Commis13 sion who are employees shall be employees 

14 under section 2105 of title 5, United 

15 States Code, for purposes of chapters 63, 

16 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 

17 of that title. 

18 (ii) MEMBERS OF COMMISSION.— 

19 Clause (i) shall not be construed to apply 

20 to members of the Commission. 

21 (E) FEDERAL AGENCIES.— 

22 (i) DETAIL OF GOVERNMENT EMPLOY23 EES.—Upon the request of the Commis24 sion, the head of any Federal agency may 

25 detail, without reimbursement by the ComVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
118 

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1 mission, any of the personnel of such agen2 cy to the Commission to assist in carrying 

3 out the duties of the Commission. Any 

4 such detail shall not interrupt or otherwise 

5 affect the civil service status or privileges 

6 of the Federal employee. 

7 (ii) TECHNICAL ASSISTANCE.—Upon 

8 the request of the Commission, the head of 

9 a Federal agency shall provide such tech10 nical assistance to the Commission as the 

11 Commission determines to be necessary to 

12 carry out its duties. 

13 (7) INFORMATION.— 

14 (A) RESOURCES.—The Commission shall 

15 have reasonable access to materials, resources, 

16 statistical data, and other information the Com17 mission determines to be necessary to carry out 

18 its duties from the Library of Congress, the 

19 Chief Actuary of the Social Security Adminis20 tration, the Chief Actuary of the Centers for 

21 Medicare & Medicaid Services, the Congres22 sional Budget Office, and other agencies and 

23 representatives of the executive and legislative 

24 branches of the Federal Government. The 

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1 chairperson shall make requests for such access 

2 in writing when necessary. 

3 (B) RECEIPT, HANDLING, STORAGE, AND

4 DISSEMINATION OF INFORMATION.—Informa5 tion shall only be received, handled, stored, and 

6 disseminated by members of the Commission 

7 and its staff consistent with all applicable stat8 utes, regulations, and Executive orders. 

9 (C) LIMITATION OF ACCESS TO TAX IN10 FORMATION.—Information requested, subpoe11 naed, or otherwise accessed under this subtitle 

12 shall not include tax data from the United 

13 States Internal Revenue Service, the release of 

14 which would otherwise be in violation of law. 

15 (8) POSTAL SERVICES.—The Commission may 

16 use the United States mails in the same manner and 

17 under the same conditions as other departments and 

18 agencies of the Federal Government. 

19 (f) FUNDING.—The Commission shall receive, from 

20 amounts appropriated to the Commissioner and the Ad21 ministrator, respectively, for fiscal year 2008 for adminis22 trative expenses, such sums as are necessary to carry out 

23 the purposes of this section. 

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1 SEC. 403. EXPEDITED CONSIDERATION OF COMMISSION 

2 RECOMMENDATIONS. 

3 (a) INTRODUCTION AND COMMITTEE CONSIDER4 ATION.— 

5 (1) INTRODUCTION.—The aggregate legislative 

6 language provisions submitted pursuant to section 

7 402(c)(2)(C) shall be combined into a Commission 

8 bill to be introduced in the Senate by the majority 

9 leader, or the majority leader’s designee, and in the 

10 House of Representatives, by the Speaker, or the 

11 Speaker’s designee. Upon such introduction, the 

12 Commission bill shall be referred to the appropriate 

13 committees of Congress under paragraph (2). If the 

14 Commission bill is not introduced in accordance with 

15 the preceding sentence, then any member of Con16 gress may introduce the Commission bill in their re17 spective House of Congress beginning on the date 

18 that is the 5th calendar day that such House is in 

19 session following the date of the submission of such 

20 aggregate legislative language provisions. 

21 (2) COMMITTEE CONSIDERATION.— 

22 (A) REFERRAL.—A Commission bill intro23 duced in the Senate shall be referred to the 

24 Committee on Finance of the Senate. A Com25 mission bill introduced in the House of Rep26 resentatives shall be referred to the Committee 

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1 on Ways and Means and the Committee on En2 ergy and Commerce of the House of Represent3 atives. 

4 (B) REPORTING.—Not later than 30 cal5 endar days after the introduction of the Com6 mission bill, each Committee of Congress to 

7 which the Commission bill was referred shall re8 port such bill or such bill as amended by the 

9 committee. All committee amendments must 

10 comply with the requirements of section 

11 402(b)(4). 

12 (C) DISCHARGE OF COMMITTEE.—If a 

13 committee to which is referred a Commission 

14 bill has not reported a Commission bill or such 

15 bill as amended, at the end of 30 calendar days 

16 after its introduction or at the end of the first 

17 day after there has been reported to the House 

18 involved a Commission bill or such bill as 

19 amended, whichever is earlier, such committee 

20 shall be deemed to be discharged from further 

21 consideration of such Commission bill, and such 

22 Commission bill shall be placed on the appro23 priate calendar of the House involved. 

24 (b) EXPEDITED PROCEDURE.— 

25 (1) CONSIDERATION.— 

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1 (A) IN GENERAL.—Not later than 5 days 

2 of session after the date on which a committee 

3 reports a Commission bill, or such bill as 

4 amended, or has been discharged from consider5 ation of a Commission bill, the majority leader 

6 of the Senate, or the majority leader’s designee, 

7 or the Speaker of the House of Representatives, 

8 or the Speaker’s designee, shall move to proceed 

9 to the consideration of the Commission bill or 

10 such bill as amended. It shall also be in order 

11 for any member of the Senate or the House of 

12 Representatives, respectively, to move to pro13 ceed to the consideration of the Commission bill 

14 at any time after the conclusion of such 5-day 

15 period. 

16 (B) MOTION TO PROCEED.—A motion to 

17 proceed to the consideration of the Commission 

18 bill is highly privileged in the House of Rep19 resentatives and is privileged in the Senate and 

20 is not debatable. The motion is not subject to 

21 amendment or to a motion to postpone consid22 eration of the Commission bill. A motion to pro23 ceed to the consideration of other business shall 

24 not be in order. A motion to reconsider the vote 

25 by which the motion to proceed is agreed to or 

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1 not agreed to shall not be in order. If the mo2 tion to proceed is agreed to, the Senate or the 

3 House of Representatives, as the case may be, 

4 shall immediately proceed to consideration of 

5 the Commission bill without intervening motion, 

6 order, or other business, and the Commission 

7 bill shall remain the unfinished business of the 

8 Senate or the House of Representatives, as the 

9 case may be, until disposed of. 

10 (C) IN THE SENATE.— 

11 (i) CONSIDERATION.—In the Senate, 

12 consideration of the Commission bill and 

13 all amendments thereto and on all debat14 able motions and appeals in connection 

15 therewith shall be limited to not more than 

16 50 hours, which shall be divided equally 

17 between those favoring and those opposing 

18 amendments to the Commission bill or the 

19 Commission bill. A motion further to limit 

20 debate on the Commission bill is in order 

21 and is not debatable. All time used for con22 sideration of the Commission bill, including 

23 time used for quorum calls (except quorum 

24 calls immediately preceding a vote) and 

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1 voting, shall be counted against the 50 

2 hours of consideration. 

3 (ii) AMENDMENTS.—No amendment 

4 that is not germane to the provisions of 

5 committee amendments to the Commission 

6 bill or the Commission bill shall be in order 

7 in the Senate. All amendments must com8 ply with the requirements of section 

9 402(b)(4). In the Senate, an amendment, 

10 any amendment to an amendment, or any 

11 debatable motion or appeal is debatable for 

12 not to exceed 1 hour, to be divided equally 

13 between those favoring and those opposing 

14 the amendment, motion, or appeal. 

15 (iii) MOTION TO RECOMMIT.— 

16 (I) VOTE.—Upon expiration of 

17 the time for consideration of the Com18 mission bill, the measure shall be re19 committed to the Committee on Fi20 nance of the Senate for further consideration unless by a 3 21 ⁄5 vote of the 

22 Members, duly chosen and sworn, the 

23 Senate agrees to proceed to final pas24 sage. 

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1 (II) RECOMMITAL.—If the bill is 

2 recommitted under subclause (I), any 

3 new amendments to the Commission 

4 bill shall be considered under the pro5 visions of section 402(b)(4). 

6 (iv) VOTE ON FINAL PASSAGE.—In 

7 the Senate, immediately following the con8 clusion of consideration of the Commission 

9 bill, the disposition of any pending amend10 ments under clause (ii), a motion to recom11 mit under clause (iii), and a request to es12 tablish the presence of a quorum, the vote 

13 on final passage of the Commission bill 

14 shall occur. 

15 (v) OTHER MOTIONS NOT IN

16 ORDER.—A motion to postpone or a mo17 tion to proceed to the consideration of 

18 other business is not in order in the Sen19 ate. A motion to reconsider the vote by 

20 which the Commission bill is agreed to or 

21 not agreed to is not in order in the Senate. 

22 (2) CONFERENCE.— 

23 (A) PROCEEDING TO CONFERENCE.—If, 

24 after a Commission bill is agreed to in the Sen25 ate or House of Representatives, the CommisVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 sion bill has been amended, the Commission bill 

2 shall be deemed to be at a stage of disagree3 ment and motions to proceed to conference are 

4 deemed to be agreed to. There shall be no mo5 tions to instruct. The Senate and the House of 

6 Representatives shall appoint conferees after 

7 the vote of the second House that results in 

8 such disagreement without any intervening ac9 tion or debate. In the event that conferees are 

10 not appointed in accordance with the preceding 

11 sentence, the following shall be deemed to be 

12 the duly appointed conferees: 

13 (i) The majority leader of the Senate 

14 or the majority leader’s designee. 

15 (ii) The Speaker of the House of Rep16 resentatives or the Speaker’s designee 

17 (iii) The Chairman and Ranking 

18 Member of the Senate Committee on the 

19 Budget. 

20 (iv) The Chairman and Ranking 

21 Member of the Senate Committee on Fi22 nance. 

23 (v) The Chairman and Ranking Mem24 ber of the Committee on the Budget of the 

25 House of Representatives. 

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1 (vi) The Chairman and Ranking 

2 Member of the Committee on Ways and 

3 Means of the House of Representatives. 

4 (vii) The Chairman and Ranking 

5 Member of the Committee on Energy and 

6 Commerce of the House of Representa7 tives. 

8 (B) MOTION TO PROCEED IN THE SEN9 ATE.—The motion to proceed to consideration 

10 in the Senate of the conference report on the 

11 Commission bill may be made even though a 

12 previous motion to the same effect has been dis13 agreed to. 

14 (C) PROCEDURE.—Debate on the con15 ference report on the Commission bill consid16 ered under this section shall be limited to 20 

17 hours equally divided between the manager of 

18 the conference report and the minority leader, 

19 or his designee. 

20 (D) FINAL PASSAGE.—A vote on final pas21 sage of the conference report on the Commis22 sion bill shall be taken in the Senate and the 

23 House of Representatives on or before the close 

24 of the 10th day of session of that House after 

25 the date the conference report is submitted in 

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1 that House. If the conference report is passed, 

2 the Secretary of the Senate or the Clerk of the 

3 House of Representatives, as the case may be, 

4 shall cause the conference report to be trans5 mitted to the other House before the close of 

6 the next day of session of that House. 

7 (E) ACTION OF SENATE.— 

8 (i) IN GENERAL.—If the Senate has 

9 received from the House the conference re10 port on the Commission bill prior to the 

11 vote required under subparagraph (E), 

12 then the Senate shall consider, and the 

13 vote under subparagraph (E) shall occur 

14 on, the House conference report or the 

15 version of the Commission bill passed by 

16 the House. 

17 (ii) MOTION TO RECOMMIT.— 

18 (I) VOTE.—Upon expiration of 

19 the time for consideration, the con20 ference report on the Commission bill 

21 shall be recommitted to the Com22 mittee of Conference for further consideration unless by a 3 23 ⁄5 vote of the 

24 Senate, duly chosen and sworn, the 

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1 Senate agrees to proceed to final pas2 sage. 

3 (II) RECOMMITAL.—If the con4 ference report is recommitted under 

5 subclause (I), the conference report 

6 accompanying the bill shall be recom7 mitted to the Conference Committee 

8 or it shall be in order to immediately 

9 proceed without intervening action to 

10 consideration of the motions for a new 

11 conference. 

12 (F) CONFERENCE REPORT DEFEATED.— 

13 Should the conference report be defeated, the 

14 provisions of this subsection shall apply to any 

15 request for a new conference and the appoint16 ment of conferees. 

17 (3) NO SUSPENSION.—No motion to suspend 

18 the application of this subsection shall be in order 

19 in the Senate or in the House of Representatives, 

20 nor shall it be in order in the House of Representa21 tives to suspend the application of this subsection by 

22 unanimous consent. 

23 (c) RULES OF THE SENATE AND THE HOUSE OF

24 REPRESENTATIVES.—This section is enacted by Con25 gress— 

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

2 the Senate and the House of Representatives, re3 spectively, and is deemed to be part of the rules of 

4 each House, respectively, but applicable only with re5 spect to the procedure to be followed in that House 

6 in the case of a Commission bill, and it supersedes 

7 other rules only to the extent that it is inconsistent 

8 with such rules; and 

9 (2) with full recognition of the constitutional 

10 right of either House to change the rules (so far as 

11 they relate to the procedure of that House) at any 

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

13 as in the case of any other rule of that House. 

14 Subtitle B—Commission on Con15 gressional Budgetary Account16 ability and Review of Federal 

17 Agencies 

18 SEC. 411. DEFINITIONS. 

19 In this subtitle: 

20 (1) AGENCY.—The term ‘‘agency’’ means— 

21 (A) an Executive agency, as defined under 

22 section 105 of title 5, United States Code; and 

23 (B) the Executive Office of the President. 

24 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

25 means a calendar day other than 1 on which either 

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1 House is not in session because of an adjournment 

2 of more than 3 days to a date certain. 

3 (3) COMMISSION BILL.—The term ‘‘Commission 

4 bill’’ means only a bill which is introduced as pro5 vided under section 416, and contains the proposed 

6 legislation included in the report submitted to Con7 gress under section 413(b)(3), without modification. 

8 (4) PROGRAM.—The term ‘‘program’’ means 

9 any activity or function of an agency. 

10 SEC. 412. ESTABLISHMENT OF COMMISSION. 

11 (a) ESTABLISHMENT.—There is established the Com12 mission on Congressional Budgetary Accountability and 

13 Review of Federal Agencies (referred to in this subtitle 

14 as the ‘‘Commission’’). 

15 (b) MEMBERSHIP.— 

16 (1) IN GENERAL.—The Commission shall con17 sist of 15 members, of which, not later than 30 days 

18 after the date of enactment of this Act— 

19 (A) 3 shall be appointed by the President; 

20 (B) 3 shall be appointed by the majority 

21 leader of the Senate; 

22 (C) 3 shall be appointed by the minority 

23 leader of the Senate; 

24 (D) 3 shall be appointed by the Speaker of 

25 the House of Representatives; and 

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1 (E) 3 shall be appointed by the minority 

2 leader of the House of Representatives. 

3 (2) COCHAIRPERSONS.—The President shall 

4 designate 2 Cochairpersons from among the mem5 bers of the Commission. The Cochairpersons may 

6 not be affiliated with the same political party. 

7 (c) DATE.—Members of the Commission shall be ap8 pointed by not later than 30 days after the date of enact9 ment of this Act. 

10 (d) PERIOD OF APPOINTMENT; VACANCIES.—Mem11 bers shall be appointed for the life of the Commission. Any 

12 vacancy in the Commission shall not affect its powers, but 

13 shall be filled in the same manner as the original appoint14 ment. 

15 (e) MEETINGS.— 

16 (1) INITIAL MEETING.—Not later than 30 days 

17 after the date on which all members of the Commis18 sion have been appointed, the Commission shall hold 

19 its first meeting. 

20 (2) SUBSEQUENT MEETINGS.—The Commission 

21 shall meet at the call of the Cochairpersons or a ma22 jority of its members. 

23 (f) QUORUM.—Eight members of the Commission 

24 shall constitute a quorum for purposes of voting, but a 

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1 quorum is not required for members to meet and hold 

2 hearings. 

3 SEC. 413. DUTIES OF THE COMMISSION. 

4 (a) SYSTEMATIC ASSESSMENT OF PROGRAMS BY THE

5 PRESIDENT.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of this Act and each of the 

8 next 3 years thereafter, the President shall— 

9 (A) establish a systematic method for as10 sessing the effectiveness and accountability of 

11 agency programs in accordance with paragraph 

12 (2) and divide the programs into 4 approxi13 mately equal budgetary parts based on the size 

14 of the budget and number of personnel of the 

15 agency program; and 

16 (B) submit, to the Commission each year, 

17 an assessment of the programs within each part 

18 (1 each year) that use the method established 

19 under subparagraph (A). 

20 (2) METHOD OBJECTIVES.—The method estab21 lished under paragraph (1) shall— 

22 (A) recognize different types of Federal 

23 programs; 

24 (B) assess programs based on the achieve25 ment of performance goals (as defined under 

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1 section 1115(g)(4) of title 31, United States 

2 Code); 

3 (C) assess programs based in part on the 

4 adequacy of the program’s performance meas5 ures, financial management, and other factors 

6 determined by the President; 

7 (D) assess programs based in part on 

8 whether the program has fulfilled the legislative 

9 intent surrounding the creation of the program, 

10 taking into account any change in legislative in11 tent during the program’s existence; and 

12 (E) assess programs based in part on col13 laborative analysis, with the program or agency, 

14 of program policy and goals which may not fit 

15 into easily measurable performance goals. 

16 (3) COMMON PERFORMANCE MEASURES.—Not 

17 later than 1 year after the date of enactment of this 

18 Act, the President shall identify common perform19 ance measures for programs covered in paragraph 

20 (1) that have similar functions and, to the extent 

21 feasible, provide the Commission with data on such 

22 performance measures. 

23 (b) EVALUATION AND PLAN BY COMMISSION.— 

24 (1) DEVELOPMENT.—The method established 

25 under subsection (a) shall be subject to review and 

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1 change by the Commission. If the Commission 

2 makes any changes in the method, the Commission 

3 shall notify Congress not later than 1 year after re4 viewing the first assessment from the President 

5 under this section. 

6 (2) CONSIDERATION OF ASSESSMENTS.—The 

7 Commission shall consider assessments submitted 

8 under subsection (a) when evaluating programs 

9 under this subsection. 

10 (3) ASSESSMENT AND LEGISLATION.— 

11 (A) IN GENERAL.—The Commission 

12 shall— 

13 (i) evaluate all agencies and programs 

14 within those agencies in each unit identi15 fied in the systemic assessment under sub16 section (a) (1 each year over the next 4 

17 years), using the criteria under subsection 

18 (a) subject to modification under para19 graph (1); and 

20 (ii) submit to Congress each of the 

21 next 4 years beginning January 1, 2008, 

22 with respect to each evaluation under 

23 clause (i)— 

24 (I) a plan with recommendations 

25 of the agencies and programs that 

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1 should be realigned or eliminated 

2 within each part; and 

3 (II) proposed legislation to imple4 ment the plan described under sub5 clause (I). 

6 (B) RELOCATION OF FEDERAL EMPLOY7 EES.—The proposed legislation under subpara8 graph (A) shall provide that if the position of 

9 an employee of an agency is eliminated as a re10 sult of the implementation of the plan under 

11 subparagraph (A)(i), the affected agency shall 

12 make reasonable efforts to relocate such em13 ployee to another position within the agency or 

14 within another Federal agency. 

15 (4) CRITERIA.— 

16 (A) DUPLICATIVE.—If 2 or more agencies 

17 or programs are performing the same essential 

18 function and the function can be consolidated 

19 or streamlined into a single agency or program, 

20 the Commission shall recommend that the agen21 cies or programs be realigned. 

22 (B) WASTEFUL OR INEFFICIENT.—The 

23 Commission may recommend the realignment or 

24 elimination of any agency or program that has 

25 wasted Federal funds by— 

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1 (i) egregious spending; 

2 (ii) mismanagement of resources and 

3 personnel; or 

4 (iii) use of such funds for personal 

5 benefit or the benefit of a special interest 

6 group. 

7 (C) OUTDATED, IRRELEVANT, OR

8 FAILED.—The Commission shall recommend 

9 the elimination of any agency or program 

10 that— 

11 (i) has completed its intended pur12 pose; 

13 (ii) has become irrelevant; or 

14 (iii) has failed to meet its objectives. 

15 SEC. 414. POWERS OF THE COMMISSION. 

16 (a) HEARINGS.—Subject to subsection (d), the Co17 chairpersons of the Commission may, for the purpose of 

18 carrying out this subtitle— 

19 (1) hold such hearings, sit and act at such 

20 times and places, take such testimony, receive such 

21 evidence, and administer such oaths as the chair22 person of the Commission considers advisable; 

23 (2) require, by subpoena or otherwise, the at24 tendance and testimony of such witnesses as the 

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1 chairperson of the Commission considers advisable; 

2 and 

3 (3) require, by subpoena or otherwise, the pro4 duction of such books, records, correspondence, 

5 memoranda, papers, documents, tapes, and other 

6 evidentiary materials relating to any matter under 

7 investigation by the Commission. 

8 (b) SUBPOENAS.— 

9 (1) ISSUANCE.— 

10 (A) IN GENERAL.—A subpoena may be 

11 issued under this subsection only by— 

12 (i) the agreement of the Cochair13 persons; or 

14 (ii) the affirmative vote of 8 members 

15 of the Commission. 

16 (B) SIGNATURE.—Subpoenas issued under 

17 this subsection (a) may be issued under the sig18 nature of both Cochairpersons of the Commis19 sion and may be served by any person des20 ignated by the Cochairpersons or by a member 

21 designated by a majority of the Commission. 

22 (2) ENFORCEMENT.—In the case of contumacy 

23 or failure to obey a subpoena issued under sub24 section (a), the United States district court for the 

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1 sides, is served, or may be found, may issue an order 

2 requiring such person to appear at any designated 

3 place to testify or to produce documentary or other 

4 evidence. Any failure to obey the order of the court 

5 may be punished by the court as a contempt of that 

6 court. 

7 (c) TECHNICAL ASSISTANCE.—Upon the request of 

8 the Commission, the head of a Federal agency shall pro9 vide such technical assistance to the Commission as the 

10 Commission determines to be necessary to carry out its 

11 duties. 

12 (d) INFORMATION.— 

13 (1) IN GENERAL.—The Commission shall have 

14 reasonable access to budgetary, performance or pro15 grammatic materials, resources, statistical data, and 

16 other information the Commission determines to be 

17 necessary to carry out its duties from the Congres18 sional Budget Office, and other agencies and rep19 resentatives of the executive and legislative branches 

20 of the Federal Government. The Cochairpersons 

21 shall make requests for such access in writing when 

22 necessary. 

23 (2) RECEIPT, HANDLING, STORAGE, AND DIS24 SEMINATION OF INFORMATION.—Information shall 

25 only be received, handled, stored, and disseminated 

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1 by members of the Commission and its staff con2 sistent with all applicable statutes, regulations, and 

3 Executive orders. 

4 (3) LIMITATION OF ACCESS TO PERSONAL TAX

5 INFORMATION.—Information requested, subpoenaed, 

6 or otherwise accessed under this subtitle shall not 

7 include tax data from the United States Internal 

8 Revenue Service, the release of which would other9 wise be in violation of law. 

10 (e) RECEIPT, HANDLING, STORAGE, AND DISSEMINA11 TION OF INFORMATION.—Information shall only be re12 ceived, handled, stored, and disseminated by members of 

13 the Commission and its staff consistent with all applicable 

14 statutes, regulations, and Executive orders. 

15 (f) POSTAL SERVICES.—The Commission may use 

16 the United States mails in the same manner and under 

17 the same conditions as other departments and agencies of 

18 the Federal Government. 

19 SEC. 415. COMMISSION PERSONNEL MATTERS. 

20 (a) COMPENSATION OF MEMBERS.— 

21 (1) NON-FEDERAL MEMBERS.—Except as pro22 vided under subsection (b), each member of the 

23 Commission who is not an officer or employee of the 

24 Federal Government shall not be compensated. 

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1 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

2 members of the Commission who are officers or em3 ployees of the United States shall serve without com4 pensation in addition to that received for their serv5 ices as officers or employees of the United States. 

6 (b) TRAVEL EXPENSES.—The members of the Com7 mission shall be allowed travel expenses, including per 

8 diem in lieu of subsistence, at rates authorized for employ9 ees of agencies under subchapter I of chapter 57 of title 

10 5, United States Code, while away from their homes or 

11 regular places of business in the performance of services 

12 for the Commission. 

13 (c) STAFF.— 

14 (1) IN GENERAL.—With the approval of the 

15 majority of the Commission, the Cochairpersons of 

16 the Commission may, appoint an executive director 

17 and such other additional personnel as may be nec18 essary to enable the Commission to perform its du19 ties. 

20 (2) COMPENSATION.—Upon the approval of the 

21 Cochairpersons, the executive director may fix the 

22 compensation of the executive director and other 

23 personnel without regard to chapter 51 and sub24 chapter III of chapter 53 of title 5, United States 

25 Code, relating to classification of positions and GenVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
142 

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1 eral Schedule pay rates, except that the rate of pay 

2 for the executive director and other personnel may 

3 not exceed the maximum rate payable for a position 

4 at GS–15 of the General Schedule under section 

5 5332 of such title. 

6 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

7 (A) IN GENERAL.—The executive director 

8 and any personnel of the Commission who are 

9 employees shall be employees under section 

10 2105 of title 5, United States Code, for pur11 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

12 89A, 89B, and 90 of that title. 

13 (B) MEMBERS OF COMMISSION.—Subpara14 graph (A) shall not be construed to apply to 

15 members of the Commission. 

16 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

17 Federal Government employee may be detailed to the 

18 Commission without reimbursement from the Commission, 

19 and such detail shall be without interruption or loss of 

20 civil service status or privilege. 

21 (e) PROCUREMENT OF TEMPORARY AND INTERMIT22 TENT SERVICES.—With the approval of the majority of 

23 the Commission, the chairperson of the Commission may 

24 procure temporary and intermittent services under section 

25 3109(b) of title 5, United States Code, at rates for individVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
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1 uals which do not exceed the daily equivalent of the annual 

2 rate of basic pay prescribed for level V of the Executive 

3 Schedule under section 5316 of such title. 

4 SEC. 416. EXPEDITED CONSIDERATION OF REFORM PRO5 POSALS. 

6 (a) INTRODUCTION AND COMMITTEE CONSIDER7 ATION.— 

8 (1) INTRODUCTION.—The Commission bill lan9 guage provisions submitted pursuant to section 

10 413(b)(3) shall be introduced in the Senate by the 

11 majority leader, or the majority leader’s designee, 

12 and in the House of Representatives, by the Speak13 er, or the Speaker’s designee. Upon such introduc14 tion, the Commission bill shall be referred to the ap15 propriate committees of Congress under paragraph 

16 (2). If the Commission bill is not introduced in ac17 cordance with the preceding sentence, then any 

18 member of Congress may introduce the Commission 

19 bill in their respective House of Congress beginning 

20 on the date that is the 5th calendar day that such 

21 House is in session following the date of the submis22 sion of such aggregate legislative language provi23 sions. 

24 (2) COMMITTEE CONSIDERATION.— 

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1 (A) REFERRAL.—A Commission bill intro2 duced under paragraph (1) shall be referred to 

3 any appropriate committee of jurisdiction in the 

4 Senate, any appropriate committee of jurisdic5 tion in the House of Representatives, the Com6 mittee on the Budget of the Senate and the 

7 Committee on the Budget of the House of Rep8 resentatives. A committee to which a Commis9 sion bill is referred under this paragraph may 

10 review and comment on such bill, may report 

11 such bill to the respective House, and may not 

12 amend such bill. 

13 (B) REPORTING.—Not later than 30 cal14 endar days after the introduction of the Com15 mission bill, each Committee of Congress to 

16 which the Commission bill was referred shall re17 port the bill. 

18 (C) DISCHARGE OF COMMITTEE.—If a 

19 committee to which is referred a Commission 

20 bill has not reported such Commission bill at 

21 the end of 30 calendar days after its introduc22 tion or at the end of the first day after there 

23 has been reported to the House involved a Com24 mission bill, whichever is earlier, such com25 mittee shall be deemed to be discharged from 

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1 further consideration of such Commission bill, 

2 and such Commission bill shall be placed on the 

3 appropriate calendar of the House involved. 

4 (b) EXPEDITED PROCEDURE.— 

5 (1) CONSIDERATION.— 

6 (A) IN GENERAL.—Not later than 5 cal7 endar days after the date on which a committee 

8 has reported a Commission bill or been dis9 charged from consideration of a Commission 

10 bill, the majority leader of the Senate, or the 

11 majority leader’s designee, or the Speaker of 

12 the House of Representatives, or the Speaker’s 

13 designee, shall move to proceed to the consider14 ation of the Commission bill. It shall also be in 

15 order for any member of the Senate or the 

16 House of Representatives, respectively, to move 

17 to proceed to the consideration of the Commis18 sion bill at any time after the conclusion of 

19 such 5-day period. 

20 (B) MOTION TO PROCEED.—A motion to 

21 proceed to the consideration of a Commission 

22 bill is highly privileged in the House of Rep23 resentatives and is privileged in the Senate and 

24 is not debatable. The motion is not subject to 

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146 

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1 eration of the Commission bill. A motion to pro2 ceed to the consideration of other business shall 

3 not be in order. A motion to reconsider the vote 

4 by which the motion to proceed is agreed to or 

5 not agreed to shall not be in order. If the mo6 tion to proceed is agreed to, the Senate or the 

7 House of Representatives, as the case may be, 

8 shall immediately proceed to consideration of 

9 the Commission bill without intervening motion, 

10 order, or other business, and the Commission 

11 bill shall remain the unfinished business of the 

12 Senate or the House of Representatives, as the 

13 case may be, until disposed of. 

14 (C) LIMITED DEBATE.—Debate on the 

15 Commission bill and on all debatable motions 

16 and appeals in connection therewith shall be 

17 limited to not more than 10 hours, which shall 

18 be divided equally between those favoring and 

19 those opposing the Commission bill. A motion 

20 further to limit debate on the Commission bill 

21 is in order and is not debatable. All time used 

22 for consideration of the Commission bill, includ23 ing time used for quorum calls (except quorum 

24 calls immediately preceding a vote) and voting, 

25 shall come from the 10 hours of debate. 

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1 (D) AMENDMENTS.—No amendment to the 

2 Commission bill shall be in order in the Senate 

3 and the House of Representatives. 

4 (E) VOTE ON FINAL PASSAGE.—Imme5 diately following the conclusion of the debate on 

6 the Commission bill, the vote on final passage 

7 of the Commission bill shall occur. 

8 (F) OTHER MOTIONS NOT IN ORDER.—A 

9 motion to postpone consideration of the Com10 mission bill, a motion to proceed to the consid11 eration of other business, or a motion to recom12 mit the Commission bill is not in order. A mo13 tion to reconsider the vote by which the Com14 mission bill is agreed to or not agreed to is not 

15 in order. 

16 (2) CONSIDERATION BY OTHER HOUSE.—If, be17 fore the passage by one House of the Commission 

18 bill that was introduced in such House, such House 

19 receives from the other House a Commission bill as 

20 passed by such other House— 

21 (A) the Commission bill of the other House 

22 shall not be referred to a committee and may 

23 only be considered for final passage in the 

24 House that receives it under subparagraph (C); 

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1 (B) the procedure in the House in receipt 

2 of the Commission bill of the other House, with 

3 respect to the Commission bill that was intro4 duced in the House in receipt of the Commis5 sion bill of the other House, shall be the same 

6 as if no Commission bill had been received from 

7 the other House; and 

8 (C) notwithstanding subparagraph (B), the 

9 vote on final passage shall be on the Commis10 sion bill of the other House. 

11 Upon disposition of a Commission bill that is re12 ceived by one House from the other House, it shall 

13 no longer be in order to consider the Commission bill 

14 that was introduced in the receiving House. 

15 (c) RULES OF THE SENATE AND THE HOUSE OF

16 REPRESENTATIVES.—This section is enacted by Con17 gress— 

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

19 the Senate and the House of Representatives, re20 spectively, and is deemed to be part of the rules of 

21 each House, respectively, but applicable only with re22 spect to the procedure to be followed in that House 

23 in the case of a Commission bill, and it supersedes 

24 other rules only to the extent that it is inconsistent 

25 with such rules; and 

149 

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1 (2) with full recognition of the constitutional 

2 right of either House to change the rules (so far as 

3 they relate to the procedure of that House) at any 

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

5 as in the case of any other rule of that House. 

6 SEC. 417. TERMINATION OF THE COMMISSION. 

7 The Commission shall terminate 90 days after the 

8 date on which the Commission submits the final evaluation 

9 and plan report under section 413. 

10 SEC. 418. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as may be necessary for carrying out this Act for each 

13 of the fiscal years 2008 through 2012. 

14 TITLE V—BUDGET PROCESS 

15 REFORMS 

16 SEC. 501. DEFINITIONS. 

17 Section 3 of the Congressional Budget and Impound18 ment Control Act of 1974 (2 U.S.C. 622) is amended by— 

19 (1) redesignating paragraphs (3) through (10) 

20 as paragraphs (7) through (14), respectively; 

21 (2) adding after paragraph (2) the following: 

22 ‘‘(3) DIRECT SPENDING AND MANDATORY

23 SPENDING.—The terms ‘direct spending’ and ‘man24 datory spending’ mean— 

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1 ‘‘(A) budget authority provided by law 

2 other than appropriation Acts; 

3 ‘‘(B) budget authority provided in appro4 priation Acts to satisfy entitlement obligations 

5 created by pre-existing authorization laws, also 

6 known as appropriated entitlements; and 

7 ‘‘(C) entitlement authority. 

8 ‘‘(4) DISCRETIONARY APPROPRIATIONS AND

9 DISCRETIONARY BUDGET AUTHORITY.—The terms 

10 ‘discretionary appropriations’ and ‘discretionary 

11 budget authority’ mean budgetary resources pro12 vided in appropriation Acts, except those budgetary 

13 resources provided in appropriation Acts to fund 

14 mandatory program requirements as authorized 

15 under current law at the time of consideration of the 

16 appropriation measure. 

17 ‘‘(5) GOVERNMENTAL RECEIPTS.—The term 

18 ‘governmental receipts’ means revenue or collections 

19 from the public based on the government’s exercise 

20 of its sovereign powers, including but not limited to 

21 individual and corporate income taxes, social insur22 ance taxes, customs, fines, compulsory license fees, 

23 deposits of earnings by the Federal Reserve System, 

24 duties, tariffs, other fees, miscellaneous receipts, 

25 gifts, and contributions. 

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1 ‘‘(6) SECONDARY OR INDIRECT EFFECTS.—The 

2 term ‘secondary or indirect effects’ means changes 

3 in direct spending or government receipts other than 

4 the direct, observable effects of changes in legislation 

5 on related accounts, including— 

6 ‘‘(A) the impact of changes in spending 

7 legislation on Federal tax receipts or the impact 

8 of changes in Federal tax laws on total Federal 

9 spending; or 

10 ‘‘(B) the impacts on spending or govern11 ment receipts if there is no statutory connection 

12 or established interaction between a legislative 

13 proposal and its impact on the operation of cur14 rent law.’’; and 

15 (3) adding at the end the following: 

16 ‘‘(15) BUDGET YEAR.—The term ‘budget year’ 

17 means, with respect to a session of Congress, the fis18 cal year of the Government that starts on October 

19 1 of the calendar year in which that session begins. 

20 ‘‘(16) CURRENT YEAR.—The term ‘current 

21 year’ means, with respect to a budget year, the fiscal 

22 year that immediately precedes that budget year.’’. 

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1 SEC. 502. ANNUAL CONCURRENT RESOLUTION ON THE 

2 BUDGET. 

3 Section 301 of the Congressional Budget Act of 1974 

4 (2 U.S.C. 632) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (2), by striking ‘‘Federal 

7 revenues’’ both places it appears and inserting 

8 ‘‘governmental receipts’’; 

9 (B) in paragraph (4), by striking ‘‘major 

10 functional category’’ and inserting ‘‘standing, 

11 select, or special committee of the House of 

12 Representatives and the Senate, as appro13 priate,’’; 

14 (C) in paragraphs (6) and (7), by striking 

15 ‘‘For’’ and inserting ‘‘for’’; and 

16 (D) in the matter following paragraph (7), 

17 by striking ‘‘old age’’ and inserting ‘‘old-age’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (3), by striking ‘‘entitle20 ment authority’’ and inserting ‘‘direct spend21 ing’’; and 

22 (B) in paragraph (7), by inserting ‘‘is de23 scribed in detail to allow the Chairman of the 

24 Committee on the Budget to determine whether 

25 it qualifies for such revision and the legislation’’ 

26 after ‘‘that legislation’’; 

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1 (3) in subsection (d)— 

2 (A) in the caption, by striking ‘‘and esti3 mates of’’ and inserting ‘‘, estimates, and rec4 ommendations for deficit reduction from all’’; 

5 (B) in the first sentence, by striking ‘‘its 

6 views’’ and inserting ‘‘its specific recommenda7 tions for changes in law within the jurisdiction 

8 of the committee making the submission that 

9 result in deficit reduction and its views’’; and 

10 (C) in the third sentence, by striking ‘‘or 

11 functions’’; and 

12 (4) in subsection (e)— 

13 (A) in paragraph (2) by— 

14 (i) redesignating subparagraphs (B) 

15 through (D) as subparagraphs (C) through 

16 (E), respectively; 

17 (ii) redesignating subparagraphs (E) 

18 and (F) as subparagraphs (G) and (H), re19 spectively; 

20 (iii) inserting after subparagraph (A) 

21 the following: 

22 ‘‘(B) with respect to the Committee on Ap23 propriations of the Senate and the House of 

24 Representatives, an estimate of total new budg25 et authority and total outlays with the estiVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
154 

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1 mates divided between discretionary and man2 datory amounts’’; and 

3 (iv) by adding after subparagraph 

4 (E), as redesignated, the following: 

5 ‘‘(F) with respect to each standing, select, 

6 or special committee of the Senate and the 

7 House of Representatives, an estimate of gov8 ernmental receipts within the jurisdiction of 

9 that committee;’’; and 

10 (B) in paragraph (3)(B), by— 

11 (i) striking ‘‘Federal revenues’’ and 

12 inserting ‘‘governmental receipts’’; and 

13 (ii) striking ‘‘such revenues’’ and in14 sert ‘‘such governmental receipts’’. 

15 SEC. 503. COMMITTEE ALLOCATIONS. 

16 Section 302 of the Congressional Budget Act of 1974 

17 (2 U.S.C. 633(a)) is amended— 

18 (1) in subsection (a), by striking paragraph (3) 

19 and inserting the following: 

20 ‘‘(3) FURTHER DIVISION OF AMOUNTS IN THE

21 HOUSE.—The amounts allocated to each committee 

22 of the House of Representatives for each fiscal year, 

23 other than the Committee on Appropriations, shall 

24 be further divided between amounts provided or re25 quired by law on the date of filing of that conference 

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1 report and amounts not so provided or required. The 

2 amounts allocated to the Committee on Appropria3 tions shall be further divided between discretionary 

4 and mandatory amounts or programs, as appro5 priate.’’; and 

6 (2) in subsection (g)(2), by striking ‘‘com7 mittee’’ and inserting ‘‘Committee’’. 

8 SEC. 504. BUDGET RESOLUTION ADOPTION. 

9 Section 303(a) of the Congressional Budget Act of 

10 1974 (2 U.S.C. 634(a)) is amended to read as follows: 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) POINT OF ORDER.—Beginning on the first 

13 day of a new session of Congress, and until the con14 current resolution for the fiscal year beginning in 

15 October of the year the new session of Congress be16 gins has been agreed to, it shall not be in order to 

17 consider with respect to the budget year covered by 

18 that resolution, any bill or joint resolution, amend19 ment or motion thereto, or conference report thereon 

20 that— 

21 ‘‘(A) provides an increase in budget au22 thority or outlays for the current year or the 

23 budget year; and 

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1 ‘‘(B) provides an increase or decrease in 

2 governmental receipts during the current year 

3 or the budget year. 

4 ‘‘(2) WAIVER AND APPEAL.— 

5 ‘‘(A) IN GENERAL.—Paragraph (1) may be 

6 waived or suspended in the Senate only by an 

7 affirmative vote of three-fifths of the Members, 

8 duly chosen and sworn. An affirmative vote of 

9 three-fifths of the Members of the Senate, duly 

10 chosen and sworn, shall be required in the Sen11 ate to sustain an appeal of the ruling of the 

12 Chair on a point of order raised under para13 graph (1). 

14 ‘‘(B) APPEALS.—Appeals in the Senate 

15 from the decisions of the Chair relating to any 

16 provision of paragraph (1) shall be limited to 1 

17 hour, to be equally divided between, and con18 trolled by, the appellant and the manager of the 

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

20 affirmative vote of three-fifths of the Members 

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

22 required to sustain an appeal of the ruling of 

23 the Chair on a point of order raised under 

24 paragraph (1).’’. 

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1 SEC. 505. PROCEDURE IN THE SENATE FOR BUDGET RESO2 LUTIONS. 

3 In the Senate, section 305(b) of the Congressional 

4 Budget Act of 1974 is amended by— 

5 (1) redesignating paragraphs (3) through (6) as 

6 paragraphs (4) through (7), respectively; and 

7 (2) adding after paragraph (2) the following: 

8 ‘‘(3) PRIORITY RECOGNITION.—Upon the com9 pletion of the opening statements on the concurrent 

10 resolution on the budget for a fiscal year by the 

11 chairman and ranking minority member (or des12 ignees) the Presiding Officer shall recognize the mi13 nority leader (or designees) who may offer an 

14 amendment.’’. 

15 SEC. 506. BUDGET PROJECTIONS. 

16 Section 308(c) of the Congressional Budget Act of 

17 1974 (2 U.S.C. 639(c)) is amended— 

18 (1) in paragraph (2), by striking ‘‘revenues’’ 

19 and inserting ‘‘governmental receipts’’; and 

20 (2) in paragraph (4), by striking ‘‘entitlement’’ 

21 and inserting ‘‘direct spending’’. 

22 SEC. 507. RECONCILIATION. 

23 Section 310 of the Congressional Budget Act of 1974 

24 (2 U.S.C. 641) is amended— 

25 (1) in subsection (a), by striking paragraphs 

26 (1) and (2) and inserting the following: 

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1 ‘‘(1) specify the total amount by which— 

2 ‘‘(A) new budget authority; 

3 ‘‘(B) budget authority; 

4 ‘‘(C) new direct spending authority; and 

5 ‘‘(D) governmental receipts other than in6 come taxes, estate and gift taxes, excise taxes 

7 or payroll taxes, duties, or tariffs; 

8 contained in laws, bills, and resolutions within the 

9 jurisdiction of a committee is to be changed for any 

10 of the fiscal years covered by the resolution and di11 rect that committee to determine and recommend 

12 changes to accomplish a change of such total 

13 amount; 

14 ‘‘(2) specify the total amount by which govern15 mental receipts including income taxes, estate and 

16 gift taxes, excise taxes or social insurance taxes, 

17 miscellaneous receipts, duties, or tariffs are to be 

18 changed and direct that the committees having juris19 diction to determine and recommend changes in the 

20 governmental receipt laws, bills, and resolutions to 

21 accomplish a change of such total amount;’’; 

22 (2) by striking subsection (b) and inserting the 

23 following: 

24 ‘‘(b) LEGISLATIVE PROCEDURE.— 

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1 ‘‘(1) If a conference report on a concurrent res2 olution containing reconciliation instructions to 1 or 

3 more committees to determine and recommend 

4 changes in laws, bills, or resolutions is agreed to in 

5 accordance with subsection (a)— 

6 ‘‘(A) each such committee so instructed 

7 shall promptly make such determination and 

8 recommendations and submit such rec9 ommendations to the Committee on the Budget 

10 of its House, which upon receiving all such rec11 ommendations, shall report to its House rec12 onciliation legislation carrying out all such rec13 ommendations without any substantive revision; 

14 and 

15 ‘‘(B) in the event that any committee fails 

16 to comply with its instruction, then the Com17 mittees on the Budget may report amendments 

18 recommending changes within the jurisdiction 

19 of the noncompliant committee to achieve the 

20 changes contained in the instruction. 

21 ‘‘(2) For purposes of this subsection, a rec22 onciliation resolution is a concurrent resolution di23 recting the Clerk of the House of Representatives or 

24 the Secretary of the Senate, as the case may be, to 

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1 make specified changes in bills and resolutions which 

2 have not been enrolled.’’; 

3 (3) in subsection (c), by adding at the end the 

4 following: 

5 ‘‘(3) Secondary or indirect effects of the legislative 

6 recommendations submitted by any committee of the Sen7 ate or the House of Representatives that is instructed pur8 suant to a concurrent resolution on the budget, shall be 

9 attributed to the committee proposing the change in law, 

10 but shall not be considered for the purpose of determining 

11 compliance with such instructions.’’; 

12 (4) by striking paragraphs (1) through (4) of 

13 subsection (d) and inserting the following: 

14 ‘‘(1) It shall not be in order in the House of Rep15 resentatives to consider any amendment to a reconciliation 

16 bill or reconciliation resolution if such amendment would 

17 have the effect of increasing any specific budget outlays 

18 above the level of such outlays provided in the bill or reso19 lution (for the fiscal years covered by the reconciliation 

20 instructions set forth in the most recently agreed to con21 current resolution on the budget), or would have the effect 

22 of reducing any specific governmental receipts below the 

23 level of such governmental receipts provided in the bill or 

24 resolution (for such fiscal years), unless such amendment 

25 makes at least an equivalent reduction in other specific 

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1 budget outlays, an equivalent increase in other specific 

2 governmental receipts, or an equivalent combination there3 of (for such fiscal years), except that a motion to strike 

4 a provision providing new budget authority or new entitle5 ment authority may be in order. 

6 ‘‘(2) It shall not be in order in the Senate to consider 

7 any amendment to a reconciliation bill or reconciliation 

8 resolution if such amendment would have the effect of de9 creasing any specific budget outlay reductions below the 

10 level of such outlay reductions provided (for the fiscal 

11 years covered) in the reconciliation instructions which re12 late to such bill or resolution set forth in a resolution pro13 viding for reconciliation, or would have the effect of reduc14 ing governmental receipts increases below the level of such 

15 increases in such governmental receipts provided (for such 

16 fiscal years) in such instructions relating to such bill or 

17 resolution, unless such amendment makes a reduction in 

18 other specific budget outlays, an increase in other specific 

19 governmental receipts, or a combination thereof (for such 

20 fiscal years) at least equivalent to any increase in outlays 

21 or decrease in governmental receipts provided by such 

22 amendment, except that a motion to strike a provision 

23 shall always be in order. 

24 ‘‘(3) Paragraphs (1) and (2) shall not apply if a dec25 laration of war by the Congress is in effect. 

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1 ‘‘(4) For purposes of this section, the levels of budget 

2 authority, outlays, and governmental receipts for a fiscal 

3 year shall be determined on the basis of estimates made 

4 by the Committee on the Budget of the Senate or of the 

5 House of Representatives, as the case may be.’’; and 

6 (5) in subsection (e)— 

7 (A) in paragraph (1), by inserting ‘‘, mo8 tions in relation to a request for conference,’’ 

9 after ‘‘under subsection (b)’’; and 

10 (B) in paragraph (2), by striking ‘‘Debate’’ 

11 and inserting ‘‘Consideration’’. 

12 SEC. 508. BUDGETING LEVELS. 

13 Section 311(a) of the Congressional Budget Act of 

14 1974 (2 U.S.C.642(a)) is amended— 

15 (1) in the matter after subparagraph (C) in 

16 paragraph (1), by striking ‘‘total revenues’’ and in17 serting ‘‘total governmental receipts’’; and 

18 (2) in paragraph (2)(B), by striking ‘‘revenues’’ 

19 and inserting ‘‘governmental receipts’’. 

20 SEC. 509. DETERMINATIONS AND POINTS OF ORDER. 

21 (a) IN GENERAL.—Section 312 of the Congressional 

22 Budget Act of 1974 (2 U.S.C. 643) is amended— 

23 (1) in subsection (a), by striking ‘‘revenues’’ 

24 and inserting ‘‘governmental receipts’’; 

25 (2) by striking subsections (b) and (c); 

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1 (3) by redesignating subsections (d) through (f) 

2 as subsections (b) through (d), respectively; and 

3 (4) by adding at the end the following: 

4 ‘‘(e) CONGRESSIONAL BUDGET OFFICE SCORE FOR

5 CONFERENCE REPORTS.—It shall not be in order to con6 sider a report of a committee of conference unless an offi7 cial written cost estimate or table by the Congressional 

8 Budget Office is available at the time of consideration.’’. 

9 (b) SUPERMAJORITY POINTS OF ORDER.—Sub10 sections (c)(1) and (d)(2) of section 904 of the Congres11 sional Budget and Impoundment Control Act of 1974 (2 

12 U.S.C. 621 note) are amended by— 

13 (1) inserting ‘‘312(e),’’ after ‘‘310(d)(2),’’; and 

14 (2) inserting ‘‘and section 223 of the Stop Over 

15 Spending Act of 2007’’ after ‘‘of this Act’’. 

16 SEC. 510. EXTRANEOUS MATTER IN RECONCILIATION LEG17 ISLATION. 

18 Section 313 of the Congressional Budget Act of 1974 

19 (2 U.S.C. 644) is amended— 

20 (1) in subsection (a) by striking ‘‘or section 

21 258C’’ through ‘‘1985’’; 

22 (2) in subsection (b), by— 

23 (A) striking paragraph (1) and inserting 

24 the following: 

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1 ‘‘(1)(A) Except as provided in paragraph (2), a provi2 sion of a reconciliation bill or reconciliation resolution con3 sidered pursuant to section 310 shall be considered extra4 neous if such provision does not produce a change in out5 lays or governmental receipts, including changes in outlays 

6 and governmental receipts brought about by changes in 

7 the terms and conditions under which outlays are made 

8 or governmental receipts are required to be collected (but 

9 a provision in which outlay decreases or governmental re10 ceipts increases exactly offset outlay increases or govern11 mental receipts decreases shall not be considered extra12 neous by virtue of this subparagraph); (B) except with re13 spect to consideration of conference reports, any provision 

14 producing an increase in outlays or decrease in govern15 mental receipts shall be considered extraneous if the net 

16 effect of provisions reported by the committee reporting 

17 the title containing the provision is that the committee 

18 fails to achieve its reconciliation instructions, or if the in19 crease in outlays or decreases in governmental receipts ex20 ceeds 20 percent of the total change required in a commit21 tee’s instruction; (C) a provision that is not in the jurisdic22 tion of the Committee with jurisdiction over said title or 

23 provision shall be considered extraneous (except that 

24 amendments reported by the Committee on the Budget to 

25 achieve compliance with reconciliation instructions shall 

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1 not be extraneous); (D) a provision shall be considered to 

2 be extraneous if it increases, or would increase, net out3 lays, or if it decreases, or would decrease governmental 

4 receipts during a fiscal year after the fiscal years covered 

5 by such reconciliation bill or reconciliation resolution, and 

6 such increases or decreases are greater than outlay reduc7 tions or governmental receipts increases resulting from 

8 other provisions in such title in such year; and (E) a provi9 sion shall be considered extraneous if it violates section 

10 310(g).’’; and 

11 (B) adding at the end the following: 

12 ‘‘(4) Technical and conforming provisions shall not 

13 be considered extraneous under this section.’’; and 

14 (3) in subsection (d)(1), by striking ‘‘(b)(1)(E), 

15 or (b)(1)(F)’’ and inserting ‘‘(b)(1)(E)’’. 

16 SEC. 511. ADJUSTMENTS. 

17 Title III of Congressional Budget Act of 1974 (2 

18 U.S.C. 621 et seq.) is amended by— 

19 (1) striking section 314; and 

20 (2) redesignating section 315 as 314. 

21 SEC. 512. DIRECT SPENDING LIMITATION. 

22 Title III of the Congressional Budget Act of 1974 

23 (2 U.S.C. 621 et seq.) is amended by adding at the end 

24 the following: 

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1 ‘‘DIRECT SPENDING LIMITATION

2 ‘‘SEC. 318. (a) IN GENERAL.—The chairman or 

3 ranking member of the Committee on the Budget of the 

4 Senate may submit to the Senate a notification of a Medi5 care funding warning if the chairman or ranking member 

6 projects that within 7 years General Fund of the Treasury 

7 contributions to Medicare funding, expressed as a percent8 age of total Medicare outlays, will exceed 45 percent. 

9 ‘‘(b) POINT OF ORDER.—It shall not be in order to 

10 consider any bill, joint resolution, amendment or con11 ference report that would cause any increase in direct 

12 spending, net of proposals to change direct spending, re13 ceipts, or revenues contained in the measure, if a Medicare 

14 funding warning has been submitted to the Senate pursu15 ant to subsection (a) for 2 consecutive calendar years. 

16 ‘‘(c) WAIVER.—This section may be waived or sus17 pended only by an affirmative vote of three-fifths of the 

18 Members, duly chosen and sworn. 

19 ‘‘(d) APPEALS.—An affirmative vote of three-fifths of 

20 the Members, duly chosen and sworn, shall be required 

21 to sustain an appeal of the ruling of the Chair on a point 

22 of order raised under this section. 

23 ‘‘(e) CANCELLATIONS.—If legislation is enacted to re24 duce the general fund contribution below 45 percent, as 

25 determined by the chairman and ranking member of the 

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1 Committee on the Budget, any notification of a Medicare 

2 funding warning is withdrawn.’’. 

3 SEC. 513. POINT OF ORDER AGAINST LEGISLATION THAT 

4 RAISES INCOME TAX RATES. 

5 Title III of the Congressional Budget Act of 1974 

6 (2 U.S.C. 621 et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘POINT OF ORDER AGAINST LEGISLATION THAT RAISES

9 INCOME TAX RATES

10 ‘‘SEC. 319. (a) IN GENERAL.—It shall not be in order 

11 in the Senate to consider any bill, resolution, amendment, 

12 amendment between Houses, motion, or conference report 

13 that includes a Federal income tax rate increase. In this 

14 subsection, the term ‘Federal income tax rate increase’ 

15 means any amendment to subsection (a), (b), (c), (d), or 

16 (e) of section 1, or to section 11(b) or 55(b), of the Inter17 nal Revenue Code of 1986, that imposes a new percentage 

18 as a rate of tax and thereby increases the amount of tax 

19 imposed by any such section. 

20 ‘‘(b) SUPERMAJORITY WAIVER AND APPEAL.— 

21 ‘‘(1) WAIVER.—This section may be waived or 

22 suspended in the Senate only by an affirmative vote 

23 of three-fifths of the Members, duly chosen and 

24 sworn. 

25 ‘‘(2) APPEAL.—An affirmative vote of three26 fifths of the Members of the Senate, duly chosen and 

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1 sworn, shall be required in the Senate to sustain an 

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

3 raised under this section.’’. 

4 SEC. 514. CIRCUIT BREAKER TO PROTECT SOCIAL SECU5 RITY. 

6 Title III of the Congressional Budget Act of 1974 

7 (2 U.S.C. 621 et seq.) is amended by adding at the end 

8 the following: 

9 ‘‘CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY

10 ‘‘SEC. 320. (a) CIRCUIT BREAKER.—If in any year 

11 the Congressional Budget Office, in its report pursuant 

12 to section 202(e)(1), projects an on-budget deficit (exclud13 ing Social Security) for the budget year or any subsequent 

14 fiscal year covered by those projections, then the concur15 rent resolution on the budget for the budget year shall 

16 reduce on-budget deficits relative to the projections of 

17 Congressional Budget Office and put the budget on a path 

18 to achieve on-budget balance within 5 years, and shall in19 clude such provisions as are necessary to protect Social 

20 Security and facilitate deficit reduction, except it shall not 

21 contain any reduction in Social Security benefits. 

22 ‘‘(b) POINT OF ORDER.—If in any year the Congres23 sional Budget Office, in its report pursuant to section 

24 202(e)(1), projects an on-budget deficit for the budget 

25 year or any subsequent fiscal year covered by those projec26 tions, it shall not be in order in the Senate to consider 

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1 a concurrent resolution on the budget for the budget year 

2 or any conference report thereon that fails to reduce on3 budget deficits relative to the projections of Congressional 

4 Budget Office and put the budget on a path to achieve 

5 on-budget balance within 5 years. 

6 ‘‘(c) AMENDMENTS TO BUDGET RESOLUTION.—If in 

7 any year the Congressional Budget Office, in its report 

8 pursuant to section 202(e)(1), projects an on-budget def9 icit for the budget year or any subsequent fiscal year cov10 ered by those projections, it shall not be in order in the 

11 Senate to consider an amendment to a concurrent resolu12 tion on the budget that would increase on-budget deficits 

13 relative to the concurrent resolution on the budget in any 

14 fiscal year covered by that concurrent resolution on the 

15 budget or cause the budget to fail to achieve on-budget 

16 balance within 5 years. 

17 ‘‘(d) SUSPENSION OF REQUIREMENT DURING WAR

18 OR LOW ECONOMIC GROWTH.— 

19 ‘‘(1) LOW GROWTH.—If the most recent of the 

20 Department of Commerce’s advance, preliminary, or 

21 final reports of actual real economic growth indicate 

22 that the rate of real economic growth (as measured 

23 by real GDP) for each of the most recently reported 

24 quarter and the immediately preceding quarter is 

25 less than 1 percent, this section is suspended. 

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

2 this section is suspended. 

3 ‘‘(e) SUPERMAJORITY WAIVER AND APPEALS.— 

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

5 waived or suspended in the Senate only by an af6 firmative vote of three-fifths of the Members, duly 

7 chosen and sworn. 

8 ‘‘(2) APPEALS.—Appeals in the Senate from 

9 the decisions of the Chair relating to any provision 

10 of this subsection shall be limited to 1 hour, to be 

11 equally divided between, and controlled by, the ap12 pellant and the manager of the bill or joint resolu13 tion, as the case may be. An affirmative vote of 

14 three-fifths of the Members of the Senate, duly cho15 sen and sworn, shall be required to sustain an ap16 peal of the ruling of the Chair on a point of order 

17 raised under this subsection. 

18 ‘‘(f) BUDGET YEAR.—In this section, the term ‘budg19 et year’ shall have the same meaning as in section 

20 250(c)(12) of the Balanced Budget and Emergency Def21 icit Control Act of 1985.’’. 

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1 SEC. 515. LIMITATION ON LONG-TERM SPENDING PRO2 POSALS. 

3 Title III of the Congressional Budget Act of 1974 

4 (2 U.S.C. 621 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘LIMITATION ON LONG-TERM SPENDING PROPOSALS

7 ‘‘SEC. 321. (a) CONGRESSIONAL BUDGET OFFICE

8 ANALYSIS OF PROPOSALS.—The Director of the Congres9 sional Budget Office shall, to the extent practicable, pre10 pare for each bill or joint resolution reported from com11 mittee (except measures within the jurisdiction of the 

12 Committee on Appropriations), or amendments thereto or 

13 conference reports thereon, an estimate of whether the 

14 measure would cause, relative to current law, a net in15 crease in direct spending in excess of $5 billion in any 

16 of the four 10-year periods beginning in fiscal year 2016 

17 through fiscal year 2055. 

18 ‘‘(b) POINT OF ORDER.—In the Senate, it shall not 

19 be in order to consider any bill, joint resolution, amend20 ment, motion, or conference report that would cause a net 

21 increase in direct spending in excess of $5 billion in any 

22 of the four 10-year periods beginning in 2016 through 

23 2055. 

24 ‘‘(c) WAIVER.—This section may be waived or sus25 pended only by the affirmative vote of three-fifths of the 

26 Members, duly chosen and sworn. 

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1 ‘‘(d) APPEALS.—An affirmative vote of three-fifths of 

2 the Members, duly chosen and sworn, shall be required 

3 to sustain an appeal of the ruling of the Chair on a point 

4 of order raised under this section. 

5 ‘‘(e) DETERMINATIONS OF BUDGET LEVELS.—For 

6 purposes of this section, the levels of net direct spending 

7 shall be determined on the basis of estimates provided by 

8 the Committee on the Budget of the Senate. 

9 ‘‘(f) APPLICATION TO RECONCILIATION.—This sec10 tion shall not apply to any legislation reported pursuant 

11 to reconciliation directions contained in a concurrent reso12 lution on the budget. 

13 ‘‘(g) SUNSET.—This section shall expire on Sep14 tember 30, 2010.’’. 

15 SEC. 516. AVOIDING PAYGO POINT OF ORDER. 

16 Title III of the Congressional Budget Act of 1974 

17 (2 U.S.C. 621 et seq.) is amended by adding at the end 

18 the following: 

19 ‘‘AVOIDING PAYGO POINT OF ORDER

20 ‘‘SEC. 322. (a) IN GENERAL.—It shall not be in order 

21 in the Senate to consider any provision in appropriations 

22 legislation, including any amendment thereto, motion in 

23 relation thereto, or conference report thereon, that would 

24 have been estimated as affecting direct spending under 

25 section 252 of the Balanced Budget and Emergency Def26 icit Control Act of 1985 (as in effect prior to September 

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1 30, 2002) were it included in legislation other than appro2 priations legislation, if the total of such provisions has a 

3 net cost over the total of all fiscal years after the year 

4 for which the legislation is providing appropriations. 

5 ‘‘(b) DETERMINATION.—For purposes of this section, 

6 the determination of whether a provision violates sub7 section (a) shall be made by the Committee on the Budget 

8 of the Senate. 

9 ‘‘(c) SUPERMAJORITY WAIVER AND APPEAL.—This 

10 section may be waived or suspended only by an affirmative 

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

12 sworn. An affirmative vote of three-fifths of the Members 

13 of the Senate, duly chosen and sworn, shall be required 

14 to sustain an appeal of the ruling of the Chair on a point 

15 of order raised under this section. 

16 ‘‘(d) GENERAL POINT OF ORDER.—It shall be in 

17 order for a Senator to raise a single point of order that 

18 several provisions of a bill, resolution, amendment, motion, 

19 or conference report violate this section. The Presiding Of20 ficer may sustain the point of order as to some or all of 

21 the provisions against which the Senator raised the point 

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

23 order as to some of the provisions (including provisions 

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

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

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1 those provisions (including provision of an amendment, 

2 motion, or conference report) against which the Presiding 

3 Officer sustains the point of order shall be deemed strick4 en pursuant to this section. Before the Presiding Officer 

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

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

7 of the provisions against which the point of order was 

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

9 with rules and precedents of the Senate. After the Pre10 siding Officer rules on such a point of order, any Senator 

11 may appeal the ruling of the Presiding Officer on such 

12 a point of order as it applies to some or all of the provi13 sions on which the Presiding Officer ruled. 

14 ‘‘(e) FORM OF THE POINT OF ORDER.—When the 

15 Senate is considering a conference report on, or an amend16 ment between the Houses in relation to, a bill, upon a 

17 point of order being made by any Senator pursuant to this 

18 section, and such point of order being sustained, such ma19 terial contained in such conference report or amendment 

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

21 consider the question of whether the Senate shall recede 

22 from its amendment and concur with a further amend23 ment, or concur in the House amendment with a further 

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

25 shall consist of only that portion of the conference report 

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

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

3 such point of order is sustained against a conference re4 port (or Senate amendment derived from such conference 

5 report by operation of this subsection), no further amend6 ment shall be in order.’’. 

7 SEC. 517. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE. 

8 Title III of the Congressional Budget Act of 1974 

9 (2 U.S.C. 621 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE

12 ‘‘SEC. 323. (a) POINT OF ORDER.— 

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

14 the Senate to consider any direct spending or rev15 enue legislation that would decrease a projected on16 budget surplus or increase or create an on-budget 

17 deficit beyond those surpluses or deficits that would 

18 result from the direct spending and revenue levels 

19 assumed in the most recently agreed to budget reso20 lution, for any 1 of the 4 applicable time periods, as 

21 measured in paragraphs (5) and (6). 

22 ‘‘(2) APPLICABLE TIME PERIODS.—For pur23 poses of this subsection, the term ‘applicable time 

24 period’ means any 1 of the 4 following periods: 

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1 ‘‘(A) The fiscal year immediately preceding 

2 the first fiscal year covered by the most recently 

3 adopted concurrent resolution on the budget. 

4 ‘‘(B) The first fiscal year covered by the 

5 most recently adopted concurrent resolution on 

6 the budget. 

7 ‘‘(C) The period of the first 5 fiscal years 

8 covered by the most recently adopted concur9 rent resolution on the budget, starting with the 

10 fiscal year described in (B). 

11 ‘‘(D) The period of the 5 fiscal years fol12 lowing the first 5 fiscal years described in (C) 

13 covered in the most recently adopted concurrent 

14 resolution on the budget. 

15 ‘‘(3) DIRECT-SPENDING LEGISLATION.—For 

16 purposes of this subsection and except as provided 

17 in paragraph (4), the term ‘direct-spending’ means 

18 any bill, joint resolution, amendment, motion, or 

19 conference report that affects direct spending as 

20 that term is defined in section 3(3). 

21 ‘‘(4) EXCLUSION.—For purposes of this sub22 section, the terms ‘direct-spending’ and ‘revenue leg23 islation’ do not include— 

24 ‘‘(A) any concurrent resolution on the 

25 budget; or 

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1 ‘‘(B) any provision of legislation that af2 fects the full funding of, and continuation of, 

3 the deposit insurance guarantee commitment in 

4 effect on the date of enactment of the Budget 

5 Enforcement Act of 1990. 

6 ‘‘(5) BASELINE.—Estimates prepared pursuant 

7 to this section shall— 

8 ‘‘(A) use the baseline surplus or deficit 

9 used for the most recently adopted concurrent 

10 resolution on the budget; and 

11 ‘‘(B) be calculated consistent with the re12 quirements of subsections (b) through (d) of 

13 section 257 of the Balanced Budget and Emer14 gency Deficit Control Act of 1985 for fiscal 

15 years beyond those covered by that concurrent 

16 resolution on the budget. 

17 ‘‘(6) PAY-AS-YOU-GO SCORECARD.— 

18 ‘‘(A) IN GENERAL.—The Chairman of the 

19 Senate Committee on the Budget shall set the 

20 pay-as-you-go scorecard balance at the time of 

21 the adoption of the conference agreement on 

22 the Congressional Budget Resolution, and that 

23 balance shall reflect the sum of the direct 

24 spending and revenue effects (relative to the 

25 baseline described in (5)) of all revenue and diVerDate Aug 31 2005 00:39 May 26, 2007 Jkt 059196 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15
178 

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1 rect spending legislation assumed by such reso2 lution. 

3 ‘‘(B) ADJUSTMENTS FOR LEGISLATION

4 OTHER THAN APPROPRIATIONS BILLS.—The 

5 Chairman of the Senate Committee on the 

6 Budget shall adjust the pay-as-you-go scorecard 

7 balance for the direct spending and revenue ef8 fects of legislation that has been approved by 

9 both Houses (and subject to presentment to the 

10 President) subsequent to the adoption of the 

11 conference agreement of the Congressional 

12 Budget Resolution, except that the pay-as-you13 go scorecard shall not be adjusted by the direct 

14 spending effects of legislation cleared for the 

15 President pursuant to section 223 of the Stop 

16 Over Spending Act of 2007. 

17 ‘‘(C) ADJUSTMENTS FOR APPROPRIATIONS

18 BILLS.—The Chairman of the Senate Com19 mittee on the Budget shall adjust the pay-as20 you-go scorecard balance for the direct spend21 ing effects of appropriations legislation that has 

22 been approved by both Houses (and subject to 

23 presentment to the President) that would have 

24 been estimated as affecting direct spending 

25 under section 252 of the Balanced Budget and 

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1 Emergency Deficit Control Act of 1985 (as in 

2 effect prior to September 30, 2002) were it in3 cluded in legislation other than appropriations 

4 legislation. The adjustment shall be for years 

5 after the year for which appropriations are 

6 made. 

7 ‘‘(b) WAIVER.—This section may be waived or sus8 pended in the Senate only by the affirmative vote of three9 fifths of the Members, duly chosen and sworn. 

10 ‘‘(c) APPEALS.—Appeals in the Senate from the deci11 sions of the Chair relating to any provision of this section 

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

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

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

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

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

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

18 this section. 

19 ‘‘(d) DETERMINATION OF BUDGET LEVELS.—For 

20 purposes of this section, the levels of new budget author21 ity, outlays, and revenues for a fiscal year shall be deter22 mined on the basis of estimates made by the Chairman 

23 of the Senate Committee on the Budget. 

24 ‘‘(e) SUNSET.—This section shall expire on Sep25 tember 30, 2012.’’. 

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1 SEC. 518. APPROPRIATIONS REQUESTS OF THE PRESIDENT. 

2 Section 1108(e) of title 31, United States Code, is 

3 amended by striking ‘‘Congress or a’’ and inserting ‘‘Con4 gress and a’’. 

5 SEC. 519. BUDGET BASELINE. 

6 (a) IN GENERAL.—Section 257 of the Balanced 

7 Budget and Emergency Control Act of 1985, as in effect 

8 on December 31, 2006, is reenacted effective January 1, 

9 2007. 

10 (b) AMENDMENT.—Section 257(b) of the Balanced 

11 Budget and Emergency Control Act of 1985, as reenacted 

12 by subsection (a), is amended by striking paragraph (2). 

Æ