I 

111TH CONGRESS 

1ST SESSION H. R. 311 

To cap discretionary spending, eliminate wasteful and duplicative agencies, 

reform entitlement programs, and reform the congressional earmark process. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. BRADY of Texas (for himself, Mr. KINGSTON, Mr. AKIN, Mr. BARRETT

of South Carolina, Mr. BARTLETT, Mrs. BLACKBURN, Mr. BROUN of 

Georgia, Mr. CONAWAY, Mr. FRANKS of Arizona, Mr. GARRETT of New 

Jersey, Mr. GINGREY of Georgia, Mr. HENSARLING, Mr. JORDAN of 

Ohio, Mr. LAMBORN, Mr. MCCLINTOCK, Mr. PITTS, and Mr. POSEY) introduced the following bill; which was referred to the Committee on the 

Budget, and in addition to the Committees on Rules and Oversight and 

Government Reform, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To cap discretionary spending, eliminate wasteful and duplicative agencies, reform entitlement programs, and reform 

the congressional earmark 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. 

4 This Act may be cited as the ‘‘Spending Reform Act 

5 of 2009’’. 


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1 TITLE I—CAPS ON 

2 DISCRETIONARY SPENDING 

3 SEC. 101. DISCRETIONARY SPENDING LIMITS. 

4 (a) CONTENT OF CONCURRENT RESOLUTION ON THE

5 BUDGET.—Section 301(a) of the Congressional Budget 

6 Act of 1974 is amended by striking ‘‘and’’ at the end of 

7 paragraph (6), by striking the period and inserting ‘‘; 

8 and’’ at the end of paragraph (7), and by inserting at the 

9 end the following new paragraph: 

10 ‘‘(8) the discretionary spending limit.’’. 

11 (b) POINT OF ORDER.—Section 312(b) of the Con12 gressional Budget Act of 1974 is amended to read as fol13 lows: 

14 ‘‘(b) DISCRETIONARY SPENDING POINTS OF

15 ORDER.— 

16 ‘‘(1) IN GENERAL.—(A) Except as otherwise 

17 provided in this subsection, it shall not be in order 

18 in the House of Representatives or the Senate to 

19 consider any bill or joint resolution (or amendment, 

20 motion, or conference report on that bill or resolu21 tion) that would exceed for any fiscal year the dis22 cretionary spending limit set forth in the most re23 cent concurrent resolution on the budget for that fis24 cal year. 


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1 ‘‘(B) It shall not be in order in the House of 

2 Representatives or the Senate to consider any con3 current resolution on the budget unless it sets forth 

4 a discretionary spending limit for the fiscal year be5 ginning on October 1 of the calendar year in which 

6 that concurrent resolution is reported and for each 

7 of the 4 ensuing fiscal years that for any such fiscal 

8 year does not exceed the discretionary spending limit 

9 for the previous fiscal year increased by the esti10 mated change in the Consumer Price Index for All 

11 Urban Consumers. The discretionary spending limit 

12 for fiscal year 2010 is the number set forth in sec13 tion 312(b)(2) of the concurrent resolution on the 

14 budget for fiscal year 2010. 

15 ‘‘(2) EXCEPTIONS.—Paragraph (1)(A) shall not 

16 apply if a declaration of war by the Congress is in 

17 effect.’’. 

18 (c) SUPER MAJORITY POINT OF ORDER IN THE SEN19 ATE.—Subsection (c)(1) and subsection (d)(2) of section 

20 904 of the Congressional Budget Act of 1974 is amended 

21 by inserting ‘‘312(b),’’ after ‘‘310(d)(2),’’ each place it ap22 pears. 


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1 TITLE II—SUNSETTING OF 

2 FEDERAL AGENCIES 

3 SEC. 201. REVIEW AND ABOLISHMENT OF FEDERAL AGEN4 CIES. 

5 (a) SCHEDULE FOR REVIEW.—Not later than one 

6 year after the date of the enactment of this Act, the Fed7 eral Agency Sunset Commission established under section 

8 202 (in this title referred to as the ‘‘Commission’’) shall 

9 submit to Congress a schedule for review by the Commis10 sion, at least once every 12 years (or less, if determined 

11 appropriate by Congress), of the abolishment or reorga12 nization of each agency. 

13 (b) REVIEW OF AGENCIES PERFORMING RELATED

14 FUNCTIONS.—In determining the schedule for review of 

15 agencies under subsection (a), the Commission shall pro16 vide that agencies that perform similar or related func17 tions be reviewed concurrently to promote efficiency and 

18 consolidation. 

19 (c) ABOLISHMENT OF AGENCIES.— 

20 (1) IN GENERAL.—Each agency shall— 

21 (A) be reviewed according to the schedule 

22 created pursuant to this section; and 

23 (B) be abolished not later than one year 

24 after the date that the Commission completes 

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1 ule, unless the agency is reauthorized by the 

2 Congress. 

3 (2) EXTENSION.—The deadline for abolishing 

4 an agency may be extended for an additional two 

5 years after the date described in paragraph (1)(B) 

6 if the Congress enacts legislation extending such 

7 deadline by a vote of a super majority of the House 

8 of Representatives and the Senate. 

9 SEC. 202. ESTABLISHMENT OF COMMISSION. 

10 (a) ESTABLISHMENT.—There is established a com11 mission to be known as the ‘‘Federal Agency Sunset Com12 mission’’. 

13 (b) COMPOSITION.—The Commission shall be com14 posed of 12 members (in this title referred to as the 

15 ‘‘members’’) who shall be appointed as follows: 

16 (1) Six members shall be appointed by the 

17 Speaker of the House of Representatives, one of 

18 whom may include the Speaker of the House of Rep19 resentatives, with minority members appointed with 

20 the consent of the minority leader of the House of 

21 Representatives. 

22 (2) Six members shall be appointed by the ma23 jority leader of the Senate, one of whom may include 

24 the majority leader of the Senate, with minority 


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1 members appointed with the consent of the minority 

2 leader of the Senate. 

3 (c) QUALIFICATIONS OF MEMBERS.— 

4 (1) IN GENERAL.—(A) Of the members ap5 pointed under subsection (b)(1), four shall be mem6 bers of the House of Representatives (not more than 

7 two of whom may be of the same political party), 

8 and two shall be an individual described in subpara9 graph (C). 

10 (B) Of the members appointed under subsection 

11 (b)(2), four shall be members of the Senate (not 

12 more than two of whom may be of the same political 

13 party) and two shall be an individual described in 

14 subparagraph (C). 

15 (C) An individual under this subparagraph is 

16 an individual— 

17 (i) who is not a member of Congress; and 

18 (ii) with expertise in the operation and ad19 ministration of Government programs. 

20 (2) CONTINUATION OF MEMBERSHIP.—If a 

21 member was appointed to the Commission as a 

22 member of Congress and the member ceases to be 

23 a member of Congress, that member shall cease to 

24 be a member of the Commission. The validity of any 

25 action of the Commission shall not be affected as a 


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1 result of a member becoming ineligible to serve as 

2 a member for the reasons described in this para3 graph. 

4 (d) INITIAL APPOINTMENTS.—All initial appoint5 ments to the Commission shall be made not later than 90 

6 days after the date of the enactment of this Act. 

7 (e) CHAIRMAN; VICE CHAIRMAN.— 

8 (1) INITIAL CHAIRMAN.—An individual shall be 

9 designated by the Speaker of the House of Rep10 resentatives from among the members initially ap11 pointed under subsection (b)(1) to serve as Chair12 man of the Commission for a period of 2 years. 

13 (2) INITIAL VICE CHAIRMAN.—An individual 

14 shall be designated by the majority leader of the 

15 Senate from among the individuals initially ap16 pointed under subsection (b)(2) to serve as Vice 

17 Chairman of the Commission for a period of two 

18 years. 

19 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

20 AND VICE CHAIRMEN.—Following the termination of 

21 the two-year period described in paragraphs (1) and 

22 (2), the Speaker and the majority leader shall alter23 nate every two years in appointing the chairman and 

24 Vice Chairman of the Commission. 

25 (f) TERMS OF MEMBERS.— 


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1 (1) MEMBERS OF CONGRESS.—Each member 

2 appointed to the Commission who is a member of 

3 Congress shall serve for a term of six years, except 

4 that, of the members first appointed under para5 graphs (1) and (2) of subsection (b), 2 members 

6 shall be appointed to serve a term of three years 

7 under each such paragraph. 

8 (2) OTHER MEMBERS.—Each member of the 

9 Commission who is not a member of Congress shall 

10 serve for a term of three years. 

11 (3) TERM LIMIT.—(A) A member of the Com12 mission who is a member of Congress and who 

13 serves more than three years of a term may not be 

14 appointed to another term as a member. 

15 (B) A member of the Commission who is not a 

16 member of Congress and who serves as a member of 

17 the Commission for more than 56 months may not 

18 be appointed to another term as a member. 

19 (g) POWERS OF COMMISSION.— 

20 (1) HEARINGS AND SESSIONS.—The Commis21 sion may, for the purpose of carrying out this title, 

22 hold such hearings, sit and act at such times and 

23 places, take such testimony, and receive such evi24 dence as the Commission considers appropriate. The 


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1 Commission may administer oaths to witnesses ap2 pearing before it. 

3 (2) OBTAINING INFORMATION.—The Commis4 sion may secure directly from any department or 

5 agency of the United States information necessary 

6 to enable it to carry out its duties under this title. 

7 Upon request of the Chairman, the head of that de8 partment or agency shall furnish that information to 

9 the Commission in a full and timely manner. 

10 (3) SUBPOENA POWER.—(A) The Commission 

11 may issue a subpoena to require the attendance and 

12 testimony of witnesses and the production of evi13 dence relating to any matter under investigation by 

14 the Commission. 

15 (B) If a person refuses to obey an order or sub16 poena of the Commission that is issued in connection 

17 with a Commission proceeding, the Commission may 

18 apply to the United States district court in the judi19 cial district in which the proceeding is held for an 

20 order requiring the person to comply with the sub21 poena or order. 

22 (4) IMMUNITY.—The Commission is an agency 

23 of the United States for purposes of part V of title 

24 18, United States Code (relating to immunity of wit25 nesses). 


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1 (5) CONTRACT AUTHORITY.—The Commission 

2 may contract with and compensate government and 

3 private agencies or persons for services without re4 gard to section 3709 of the Revised Statutes (41 

5 U.S.C. 5). 

6 (h) COMMISSION PROCEDURES.— 

7 (1) MEETINGS.—The Commission shall meet at 

8 the call of the Chairman. 

9 (2) QUORUM.—Seven members of the Commis10 sion shall constitute a quorum but a lesser number 

11 may hold hearings. 

12 (i) PERSONNEL MATTERS.— 

13 (1) COMPENSATION.—Members shall not be 

14 paid by reason of their service as members. 

15 (2) TRAVEL EXPENSES.—Each member shall 

16 receive travel expenses, including per diem in lieu of 

17 subsistence, in accordance with sections 5702 and 

18 5703 of title 5, United States Code. 

19 (3) DIRECTOR.—The Commission shall have a 

20 Director who shall be appointed by the Chairman. 

21 The Director shall be paid at a rate not to exceed 

22 the maximum rate of basic pay payable for GS–15 

23 of the General Schedule. 


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1 (4) STAFF.—The Director may appoint and fix 

2 the pay of additional personnel as the Director con3 siders appropriate. 

4 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

5 LAWS.—The Director and staff of the Commission 

6 shall be appointed subject to the provisions of title 

7 5, United States Code, governing appointments in 

8 the competitive service, and shall be paid in accord9 ance with the provisions of chapter 51 and sub10 chapter III of chapter 53 of that title relating to 

11 classification and General Schedule pay rates. 

12 (j) OTHER ADMINISTRATIVE MATTERS.— 

13 (1) POSTAL AND PRINTING SERVICES.—The 

14 Commission may use the United States mails and 

15 obtain printing and binding services in the same 

16 manner and under the same conditions as other de17 partments and agencies of the United States. 

18 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

19 Upon the request of the Commission, the Adminis20 trator of General Services shall provide to the Com21 mission, on a reimbursable basis, the administrative 

22 support services necessary for the Commission to 

23 carry out its duties under this title 

24 (3) EXPERTS AND CONSULTANTS.—The Com25 mission may procure temporary and intermittent 


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1 services under section 3109(b) of title 5, United 

2 States Code. 

3 (k) SUNSET OF COMMISSION.—The Commission shall 

4 terminate on December 31, 2034, unless reauthorized by 

5 Congress. 

6 SEC. 203. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 

7 AGENCIES. 

8 (a) IN GENERAL.—The Commission shall review the 

9 efficiency and public need for each agency in accordance 

10 with the criteria described in section 204. 

11 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

12 The Commission shall submit to Congress and the Presi13 dent not later than September 1 of each year a report 

14 containing— 

15 (1) an analysis of the efficiency of operation 

16 and public need for each agency to be reviewed in 

17 the year in which the report is submitted pursuant 

18 to the schedule submitted to Congress under section 

19 201; 

20 (2) recommendations on whether each such 

21 agency should be abolished or reorganized; 

22 (3) recommendations on whether the functions 

23 of any other agencies should be consolidated, trans24 ferred, or reorganized in an agency to be reviewed 

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1 ant to the schedule submitted to Congress under 

2 section 201; and 

3 (4) recommendations for administrative and 

4 legislative action with respect to each such agency, 

5 but not including recommendations for appropriation 

6 levels. 

7 (c) DRAFT LEGISLATION.—The Commission shall 

8 submit to Congress and the President not later than Sep9 tember 1 of each year a draft of legislation to carry out 

10 the recommendations of the Commission under subsection 

11 (b). 

12 (d) INFORMATION GATHERING.—The Commission 

13 shall— 

14 (1) conduct public hearings on the abolishment 

15 of each agency reviewed under subsection (b); 

16 (2) provide an opportunity for public comment 

17 on the abolishment of each such agency; 

18 (3) require the agency to provide information to 

19 the Commission as appropriate; and 

20 (4) consult with the General Accounting Office, 

21 the Office of Management and Budget, the Comp22 troller General, and the chairman and ranking mi23 nority members of the committees of Congress with 

24 oversight responsibility for the agency being re25 viewed regarding the operation of the agency. 


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1 (e) USE OF PROGRAM INVENTORY.—The Commis2 sion shall use the program inventory prepared under sec3 tion 208 in reviewing the efficiency and public need for 

4 each agency under subsection (a). 

5 SEC. 204. CRITERIA FOR REVIEW. 

6 The Commission shall evaluate the efficiency and 

7 public need for each agency pursuant to section 203 using 

8 the following criteria: 

9 (1) The effectiveness, and the efficiency of the 

10 operation of, the programs carried out by each such 

11 agency. 

12 (2) Whether the programs carried out by the 

13 agency are cost-effective. 

14 (3) Whether the agency has acted outside the 

15 scope of its original authority, and whether the origi16 nal objectives of the agency have been achieved. 

17 (4) Whether less restrictive or alternative meth18 ods exist to carry out the functions of the agency. 

19 (5) The extent to which the jurisdiction of, and 

20 the programs administered by, the agency duplicate 

21 or conflict with the jurisdiction and programs of 

22 other agencies. 

23 (6) The potential benefits of consolidating pro24 grams administered by the agency with similar or 


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1 duplicative programs of other agencies, and the po2 tential for consolidating such programs. 

3 (7) The number and types of beneficiaries or 

4 persons served by programs carried out by the agen5 cy. 

6 (8) The extent to which any trends, develop7 ments, and emerging conditions that are likely to af8 fect the future nature and extent of the problems or 

9 needs that the programs carried out by the agency 

10 are intended to address. 

11 (9) The extent to which the agency has com12 plied with the provisions contained in the Govern13 ment Performance and Results Act of 1993 (Public 

14 Law 103–62; 107 Stat. 285). 

15 (10) The promptness and effectiveness with 

16 which the agency seeks public input and input from 

17 State and local governments on the efficiency and ef18 fectiveness of the performance of the functions of 

19 the agency. 

20 (11) Whether the agency has worked to enact 

21 changes in the law that are intended to benefit the 

22 public as a whole rather than the specific business, 

23 institution, or individuals that the agency regulates. 

24 (12) The extent to which the agency has en25 couraged participation by the public as a whole in 


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1 making its rules and decisions rather than encour2 aging participation solely by those it regulates. 

3 (13) The extent to which the public participa4 tion in rulemaking and decisionmaking of the agency 

5 has resulted in rules and decisions compatible with 

6 the objectives of the agency. 

7 (14) The extent to which the agency complies 

8 with section 552 of title 5, United States Code (com9 monly known as the ‘‘Freedom of Information Act’’). 

10 (15) The extent to which the agency complies 

11 with equal employment opportunity requirements re12 garding equal employment opportunity. 

13 (16) The extent of the regulatory, privacy, and 

14 paperwork impacts of the programs carried out by 

15 the agency. 

16 (17) The extent to which the agency has coordi17 nated with State and local governments in per18 forming the functions of the agency. 

19 (18) The potential effects of abolishing the 

20 agency on State and local governments. 

21 (19) The extent to which changes are necessary 

22 in the authorizing statutes of the agency in order 

23 that the functions of the agency can be performed 

24 in the most efficient and effective manner. 


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1 SEC. 205. COMMISSION OVERSIGHT. 

2 (a) MONITORING OF IMPLEMENTATION OF REC3 OMMENDATIONS.—The Commission shall monitor imple4 mentation of laws enacting provisions that incorporate rec5 ommendations of the Commission with respect to abolish6 ment or reorganization of agencies. 

7 (b) MONITORING OF OTHER RELEVANT LEGISLA8 TION.— 

9 (1) IN GENERAL.—The Commission shall review 

10 and report to Congress on all legislation introduced 

11 in either house of Congress that would establish— 

12 (A) a new agency; or 

13 (B) a new program to be carried out by an 

14 existing agency. 

15 (2) REPORT TO CONGRESS.—The Commission 

16 shall include in each report submitted to Congress 

17 under paragraph (1) an analysis of whether— 

18 (A) the functions of the proposed agency 

19 or program could be carried out by one or more 

20 existing agencies; 

21 (B) the functions of the proposed agency 

22 or program could be carried out in a less re23 strictive manner than the manner proposed in 

24 the legislation; and 


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1 (C) the legislation provides for public input 

2 regarding the performance of functions by the 

3 proposed agency or program. 

4 SEC. 206. RULEMAKING AUTHORITY. 

5 The Commission may promulgate such rules as nec6 essary to carry out this title. 

7 SEC. 207. RELOCATION OF FEDERAL EMPLOYEES. 

8 If the position of an employee of an agency is elimi9 nated as a result of the abolishment of an agency in ac10 cordance with this title, there shall be a reasonable effort 

11 to relocate such employee to a position within another 

12 agency. 

13 SEC. 208. PROGRAM INVENTORY. 

14 (a) PREPARATION.—The Comptroller General and 

15 the Director of the Congressional Budget Office, in co16 operation with the Director of the Congressional Research 

17 Service, shall prepare an inventory of Federal programs 

18 (in this title referred to as the ‘‘program inventory’’) with19 in each agency. 

20 (b) PURPOSE.—The purpose of the program inven21 tory is to advise and assist the Congress and the Commis22 sion in carrying out the requirements of this title. Such 

23 inventory shall not in any way bind the committees of the 

24 Senate or the House of Representatives with respect to 

25 their responsibilities under this title and shall not infringe 


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1 on the legislative and oversight responsibilities of such 

2 committees. The Comptroller General shall compile and 

3 maintain the inventory and the Director of the Congres4 sional Budget Office shall provide budgetary information 

5 for inclusion in the inventory. 

6 (c) INVENTORY CONTENT.—The program inventory 

7 shall set forth for each program each of the following mat8 ters: 

9 (1) The specific provision or provisions of law 

10 authorizing the program. 

11 (2) The committees of the Senate and the 

12 House of Representatives which have legislative or 

13 oversight jurisdiction over the program. 

14 (3) A brief statement of the purpose or pur15 poses to be achieved by the program. 

16 (4) The committees which have jurisdiction over 

17 legislation providing new budget authority for the 

18 program, including the appropriate subcommittees of 

19 the Committees on Appropriations of the Senate and 

20 the House of Representatives. 

21 (5) The agency and, if applicable, the subdivi22 sion thereof responsible for administering the pro23 gram. 

24 (6) The grants-in-aid, if any, provided by such 

25 program to State and local governments. 


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1 (7) The next reauthorization date for the pro2 gram. 

3 (8) A unique identification number which links 

4 the program and functional category structure. 

5 (9) The year in which the program was origi6 nally established and, where applicable, the year in 

7 which the program expires. 

8 (10) Where applicable, the year in which new 

9 budget authority for the program was last author10 ized and the year in which current authorizations of 

11 new budget authority expire. 

12 (d) BUDGET AUTHORITY.—The report also shall set 

13 forth for each program whether the new budget authority 

14 provided for such programs is— 

15 (1) authorized for a definite period of time; 

16 (2) authorized in a specific dollar amount but 

17 without limit of time; 

18 (3) authorized without limit of time or dollar 

19 amounts; 

20 (4) not specifically authorized; or 

21 (5) permanently provided, 

22 as determined by the Director of the Congressional Budg23 et Office. 

24 (e) CBO INFORMATION.—For each program or group 

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1 formation prepared by the Director of the Congressional 

2 Budget Office indicating each of the following matters: 

3 (1) The amounts of new budget authority au4 thorized and provided for the program for each of 

5 the preceding four fiscal years and, where applicable, 

6 the four succeeding fiscal years. 

7 (2) The functional and subfunctional category 

8 in which the program is presently classified and was 

9 classified under the fiscal year 2010 budget. 

10 (3) The identification code and title of the ap11 propriation account in which budget authority is 

12 provided for the program. 

13 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

14 General Accounting Office, the Congressional Research 

15 Service, and the Congressional Budget Office shall permit 

16 the mutual exchange of available information in their pos17 session which would aid in the compilation of the program 

18 inventory. 

19 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of20 fice of Management and Budget, and the Executive agen21 cies and the subdivisions thereof shall, to the extent nec22 essary and possible, provide the General Accounting Office 

23 with assistance requested by the Comptroller General in 

24 the compilation of the program inventory. 


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1 SEC. 209. DEFINITION OF AGENCY. 

2 As used in this title, the term ‘‘agency’’ has the 

3 meaning given that term by section 105 of title 5, United 

4 States Code, except that such term includes an advisory 

5 committee as that term is defined in section 102(2) of the 

6 Federal Advisory Committee Act. 

7 SEC. 210. OFFSET OF AMOUNTS APPROPRIATED. 

8 Amounts appropriated to carry out this title shall be 

9 offset by a reduction in amounts appropriated to carry out 

10 programs of other Federal agencies. 

11 TITLE III—ESTABLISHMENT OF 

12 JOINT SELECT COMMITTEE 

13 ON EARMARK REFORM 

14 SEC. 301. JOINT SELECT COMMITTEE ON EARMARK RE15 FORM. 

16 (a) ESTABLISHMENT AND COMPOSITION.—There is 

17 hereby established a Joint Select Committee on Earmark 

18 Reform. The joint select committee shall be composed of 

19 16 members as follows: 

20 (1) 8 Members of the House of Representatives, 

21 4 appointed from the majority party by the Speaker 

22 of the House, and 4 from the minority party to be 

23 appointed by the minority leader; and 

24 (2) 8 Members of the Senate, 4 appointed from 

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1 ate, and 4 from the minority party to be appointed 

2 by the minority leader. 

3 A vacancy in the joint select committee shall not affect 

4 the power of the remaining members to execute the func5 tions of the joint select committee, and shall be filled in 

6 the same manner as the original selection. 

7 (b) STUDY AND REPORT.— 

8 (1) STUDY.—The joint select committee shall 

9 make a full study of the practices of the House, Sen10 ate, and Executive Branch regarding earmarks in 

11 authorizing, appropriation, tax, and tariff measures. 

12 As part of the study, the joint select committee shall 

13 consider the efficacy of— 

14 (A) the disclosure requirements of clause 9 

15 of rule XXI and clause 17 of rule XXIII of the 

16 Rules of the House of Representatives and rule 

17 XLIV of the Standing Rules of the Senate, and 

18 the definitions contained therein; 

19 (B) requiring full transparency in the proc20 ess, with earmarks listed in bills at the outset 

21 of the legislative process and continuing 

22 throughout consideration; 

23 (C) requiring that earmarks not be placed 

24 in any bill after initial committee consideration; 


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1 (D) requiring that Members be permitted 

2 to offer amendments to remove earmarks at 

3 subcommittee, full committee, floor consider4 ation, and during conference committee meet5 ings; 

6 (E) requiring that bill sponsors and major7 ity and minority managers certify the validity of 

8 earmarks contained in their bills; 

9 (F) recommending changes to earmark re10 quests made by the Executive Branch through 

11 the annual budget submitted to Congress pur12 suant to section 1105 of title 31, United States 

13 Code; 

14 (G) requiring that House and Senate 

15 amendments meet earmark disclosure require16 ments, including amendments adopted pursuant 

17 to a special order of business; 

18 (H) establishing new categories for ear19 marks, including— 

20 (i) projects with National scope; 

21 (ii) military projects; and 

22 (iii) local or provincial projects, in23 cluding the level of matching funds re24 quired for such project. 

25 (2) REPORT.— 


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1 (A) The joint select committee shall submit 

2 to the House and the Senate a report of its 

3 findings and recommendations not later than 6 

4 months after the enactment of this Act. 

5 (B) No recommendation shall be made by 

6 the joint select committee except upon the ma7 jority vote of the members from each House, re8 spectively. 

9 (C) Notwithstanding any other provision of 

10 this resolution, any recommendation with re11 spect to the rules and procedures of one House 

12 that only affects matters related solely to that 

13 House may only be made and voted on by mem14 bers of the joint select committee from that 

15 House and, upon its adoption by a majority of 

16 such members, shall be considered to have been 

17 adopted by the full committee as a rec18 ommendation of the joint select committee. 

19 In conducting the study under paragraph (1), the joint 

20 select committee shall hold not fewer than 5 public hear21 ings. 

22 (c) RESOURCES AND DISSOLUTION.— 

23 (1) The joint select committee may utilize the 

24 resources of the House and Senate. 


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1 (2) The joint select committee shall cease to 

2 exist 30 days after the submission of the report de3 scribed in subsection (a)(2). 

4 (d) DEFINITION.—For purposes of this section, the 

5 term ‘‘earmark’’ shall include congressional earmarks, 

6 congressionally directed spending items, limited tax bene7 fits, or limited tariff benefits as those terms are used in 

8 clause 9 of rule XXI of the Rules of the House of Rep9 resentatives and rule XLIV of the Standing Rules of the 

10 Senate. Nothing in this subsection shall confine the study 

11 of the joint select committee or otherwise limit its rec12 ommendations. 

13 SEC. 302. MORATORIUM ON CONSIDERATION OF EAR14 MARKS. 

15 (a) IN THE HOUSE.—It shall not be in order to con16 sider a bill, joint resolution, or conference report con17 taining a congressional earmark, limited tax benefit, or 

18 limited tariff benefit (as such terms are used in clause 

19 9 of rule XXI of the Rules of the House of Representa20 tives) until the filing of the report required under section 

21 301. 

22 (b) IN THE SENATE.—øTo be supplied.¿ 


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1 TITLE IV—ESTABLISHMENT OF 

2 THE SECURING AMERICA’S 

3 FUTURE ECONOMY COMMIS4 SION 

5 SEC. 401. ESTABLISHMENT. 

6 There is established a commission to be known as the 

7 ‘‘Securing America’s Future Economy Commission’’ 

8 (hereinafter in this title referred to as the ‘‘Commission’’). 

9 SEC. 402. DUTIES OF COMMISSION. 

10 (a) MANDATORY LEGISLATION DEVELOPMENT.— 

11 (1) ISSUES TO ADDRESS.—The Commission 

12 shall examine the long-term fiscal challenges facing 

13 the United States and develop legislation designed to 

14 address the following issues: 

15 (A) The unsustainable imbalance between 

16 long-term Federal spending commitments and 

17 projected revenues. 

18 (B) Increasing net national savings to pro19 vide for domestic investment and economic 

20 growth. 

21 (C) The implications of foreign ownership 

22 of debt instruments issued by the United States 

23 Government. 

24 (D) Improving the budget process to place 

25 greater emphasis on long-term fiscal issues. 


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1 (2) POLICY SOLUTIONS.—Legislation developed 

2 to address the issues described in paragraph (1) may 

3 include the following: 

4 (A) Reforms that limit the growth of enti5 tlement spending to ensure that the programs 

6 are fiscally sustainable. 

7 (B) Reforms that strengthen the safety net 

8 functions of entitlement programs to provide 

9 assistance to the neediest people. 

10 (C) Reforms that make United States tax 

11 laws more efficient and more conducive to en12 couraging economic growth. 

13 (D) Incentives to increase private savings. 

14 (E) Any other reforms designed to address 

15 the issues described in paragraph (1). 

16 (b) OPTIONAL DEVELOPMENT OF COST ESTIMATE

17 ALTERNATIVES.— 

18 (1) IN GENERAL.—The Commission shall by an 

19 affirmative vote of 5 members develop not more than 

20 2 methods for estimating the cost of legislation as 

21 an alternative to the method currently used by the 

22 Congressional Budget Office. 

23 (2) SPECIFICALLY.—Any such alternative meth24 od must— 


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1 (A) be designed to address any short2 comings in the method currently used with re3 gard to estimating the positive economic effects 

4 of legislation; and 

5 (B) consider the use of automatic stabi6 lizers or triggers to enforce spending and rev7 enue targets, in the event that policies based on 

8 the alternative method fail to achieve targets 

9 for outlays and revenues. 

10 (3) LIMITATION.—Any alternative developed 

11 pursuant to this subsection shall generally comply 

12 with subsections (b), (c), and (d) of section 413. 

13 SEC. 403. INITIAL TOWN HALL STYLE PUBLIC HEARINGS. 

14 (a) IN GENERAL.—The Commission shall hold at 

15 least 1 town hall style public hearing within each Federal 

16 reserve district, and shall, to the extent feasible, ensure 

17 that there is broad public participation in the hearings. 

18 (b) HEARING FORMAT.—During each hearing, the 

19 Commission shall present to the public, and generate com20 ments and suggestions regarding, the issues described in 

21 section 402, policies designed to address the issues, and 

22 tradeoffs between the policies. 


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1 SEC. 404. REPORT. 

2 The Commission shall, not later than 1 year after the 

3 date of the enactment of this Act, submit a report to Con4 gress and the President containing the following: 

5 (1) A detailed description of the activities of the 

6 Commission. 

7 (2) A summary of comments and suggestions 

8 generated from the town hall style public hearings. 

9 (3) A detailed statement of any findings of the 

10 Commission as to public preferences regarding the 

11 issues, policies, and tradeoffs presented in the town 

12 hall style public hearings. 

13 (4) A detailed description of the long-term fis14 cal problems faced by the United States. 

15 (5) A list of policy options for addressing those 

16 problems. 

17 (6) Criteria for the legislative proposal to be de18 veloped by the Commission. 

19 SEC. 405. LEGISLATIVE PROPOSAL. 

20 (a) IN GENERAL.—Not later than 60 days after the 

21 date the report is submitted under section 404 and by a 

22 vote of three-fourths of the members, the Commission 

23 shall submit a legislative proposal to Congress and the 

24 President designed to address the issues described section 

25 402. 


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1 (b) PROPOSAL REQUIREMENTS.—The proposal must, 

2 to the extent feasible, be designed— 

3 (1) to achieve generational equity and long-term 

4 economic stability; 

5 (2) to address the comments and suggestions of 

6 the public; and 

7 (3) to meet the criteria set forth in the Com8 mission report. 

9 (c) INCLUSION OF COST ESTIMATE.—The Commis10 sion shall submit with the proposal— 

11 (1) a long-term CBO cost estimate prepared 

12 under section 413 for the proposal; and 

13 (2) if an alternative cost estimate method is de14 veloped by the Commission, a 50-year cost estimate 

15 using such method. 

16 SEC. 406. MEMBERSHIP AND MEETINGS. 

17 (a) IN GENERAL.—The Commission shall be com18 posed of 16 voting members appointed pursuant to para19 graph (1) and 2 nonvoting members described in para20 graph (2). 

21 (1) VOTING MEMBERS.—The Commission shall 

22 be composed of 16 voting members of whom— 

23 (A) one shall be the Director of the Office 

24 of Management and Budget; 


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1 (B) one shall be the Secretary of the 

2 Treasury; 

3 (C) four shall be appointed by the Speaker 

4 of the House of Representatives; 

5 (D) three shall be appointed by the minor6 ity leader of the House of Representatives; 

7 (E) four shall be appointed by the majority 

8 leader of the Senate; and 

9 (F) three shall be appointed by the minor10 ity leader of the Senate. 

11 (2) NONVOTING MEMBERS.—The Comptroller 

12 General of the United States and the Director of the 

13 Congressional Budget Office shall each be nonvoting 

14 members of the Commission and shall advise and as15 sist at the request of the Commission. 

16 (3) CHAIR AND CO-CHAIR.—The President shall 

17 designate 2 co-chairpersons of the Commission from 

18 the members appointed under paragraph (1), one of 

19 whom must be a Republican and one of whom must 

20 be a Democrat. 

21 (b) LIMITATIONS AS TO MEMBERS OF CONGRESS.— 

22 (1) FOUR MEMBERS OF CONGRESS ON COMMIS23 SION.—Each appointing authority described in sub24 section (a)(1) who is a member of Congress shall ap25 point 1 member of Congress to the Commission but 


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1 may not appoint more than 1 member of Congress 

2 to the Commission. 

3 (2) CONTINUATION OF VOTING MEMBERSHIP.— 

4 In the case of an individual appointed pursuant to 

5 subsection (a)(1) who was appointed as a member of 

6 Congress under paragraph (1), if such individual 

7 ceases to be a member of Congress, that individual 

8 shall cease to be a member of the Commission. 

9 (c) DATE FOR ORIGINAL APPOINTMENT.—The ap10 pointing authorities described in subsection (a)(1) shall 

11 appoint the initial members of the Commission not later 

12 than 30 days after the date of enactment of this Act. 

13 (d) TERMS.— 

14 (1) IN GENERAL.—The term of each member is 

15 for the life of the Commission. 

16 (2) VACANCIES.—A vacancy in the Commission 

17 shall be filled not later than 30 days after such va18 cancy occurs and in the manner in which the origi19 nal appointment was made. 

20 (e) PAY AND REIMBURSEMENT.— 

21 (1) NO COMPENSATION FOR MEMBERS OF COM22 MISSION.—Except as provided in paragraph (2), a 

23 member of the Commission may not receive pay, al24 lowances, or benefits by reason of their service on 

25 the Commission. 


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1 (2) TRAVEL EXPENSES.—Each member shall 

2 receive travel expenses, including per diem in lieu of 

3 subsistence under subchapter I of chapter 57 of title 

4 5, United States Code. 

5 (f) MEETINGS.—The Commission shall meet upon 

6 the call of the chairperson or a majority of its voting mem7 bers. 

8 (g) QUORUM.—Six voting members of the Commis9 sion shall constitute a quorum, but a lesser number may 

10 hold hearings. 

11 SEC. 407. DIRECTOR AND STAFF OF COMMISSION. 

12 (a) DIRECTOR.— 

13 (1) IN GENERAL.—Subject to subsection (c) 

14 and to the extent provided in advance in appropria15 tion Acts, the Commission shall appoint and fix the 

16 pay of a director. 

17 (2) DUTIES.—The director of the Commission 

18 shall be responsible for the administration and co19 ordination of the duties of the Commission and shall 

20 perform other such duties as the Commission may 

21 direct. 

22 (b) STAFF.—In accordance with rules agreed upon 

23 by the Commission, subject to subsection (c), and to the 

24 extent provided in advance in appropriation Acts, the di25 rector may appoint and fix the pay of additional personnel. 


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1 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The director and staff of the Commission may be 

3 appointed without regard to the provisions of title 5, 

4 United States Code, governing appointments in the com5 petitive service, and may be paid without regard to the 

6 provisions of chapter 51 and subchapter III of chapter 53 

7 of that title relating to classification and General Schedule 

8 pay rates, except that pay fixed under subsection (a) may 

9 not exceed $150,000 per year and pay fixed under sub10 section (b) may not exceed a rate equal to the daily equiva11 lent of the annual rate of basic pay for level V of the Exec12 utive Schedule under section 5316 of title 5, United States 

13 Code. 

14 (d) DETAILEES.—Any Federal Government employee 

15 may be detailed to the Commission without reimbursement 

16 from the Commission, and such detailee shall retain the 

17 rights, status, and privileges of their regular employment 

18 without interruption. 

19 (e) EXPERTS AND CONSULTANTS.—In accordance 

20 with rules agreed upon by the Commission and to the ex21 tent provided in advance in appropriation Acts, the direc22 tor may procure the services of experts and consultants 

23 under section 3109(b) of title 5, United States Code, but 

24 at rates not to exceed the daily equivalent of the annual 


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1 rate of basic pay for level V of the Executive Schedule 

2 under section 5316 of title 5, United States Code. 

3 SEC. 408. POWERS OF COMMISSION. 

4 (a) HEARINGS AND EVIDENCE.—The Commission 

5 may, for the purpose of carrying out this title, hold such 

6 hearings in addition to the town hall style public hearings, 

7 sit and act at such times and places, take such testimony, 

8 and receive such evidence as the Commission considers ap9 propriate. The Commission may administer oaths or affir10 mations to witnesses appearing before it. 

11 (b) POWERS OF MEMBERS AND AGENTS.—Any mem12 ber or agent of the Commission may, if authorized by the 

13 Commission, take any action which the Commission is au14 thorized to take under this section. 

15 (c) MAILS.—The Commission may use the United 

16 States mails in the same manner and under the same con17 ditions as other departments and agencies of the United 

18 States. 

19 (d) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

20 the request of the Commission, the Administrator of Gen21 eral Services shall provide to the Commission, on a reim22 bursable basis, the administrative support services nec23 essary for the Commission to carry out its responsibilities 

24 under this title. 


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1 (e) CONTRACT AUTHORITY.—To the extent provided 

2 in advance in appropriation Acts, the Commission may 

3 enter into contracts to enable the Commission to discharge 

4 its duties under this title. 

5 (f) GIFTS.—The Commission may accept, use, and 

6 dispose of gifts or donations of services or property. 

7 SEC. 409. TERMINATION. 

8 The Commission shall terminate the earlier of— 

9 (1) 60 days after submitting its legislative pro10 posal; or 

11 (2) the date on which the Comptroller General 

12 of the United States determines and publishes in the 

13 Federal Register a statement that new legislation 

14 has been enacted that is estimated to reduce the fis15 cal gap by— 

16 (A) 1 percent of gross domestic product, 

17 measured over the 20-year period beginning 

18 with the first fiscal year after the date of enact19 ment of such legislation; and 

20 (B) 2 percent of gross domestic product, 

21 measured over the 50-year period beginning 

22 with the first fiscal year after the date of enact23 ment of such legislation. 


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1 SEC. 410. ALTERNATIVE LEGISLATIVE PROPOSAL OF PRESI2 DENT. 

3 The President may, not later than 90 calendar days 

4 after the Commission submits its legislative proposal, sub5 mit to Congress an alternative to the legislative proposal 

6 submitted by the Commission. 

7 SEC. 411. ALTERNATIVE LEGISLATIVE PROPOSAL FROM 

8 THE COMMITTEE ON THE BUDGET. 

9 (a) FROM COMMITTEE.—The Committee on the 

10 Budget of either House may, in consultation with the rel11 evant committees of their respective House and not later 

12 than 90 calendar days after the Commission submits its 

13 legislative proposal, have published in the Congressional 

14 Record an alternative to the legislative proposal submitted 

15 by the Commission. 

16 (b) FROM RANKING MEMBER OF THE COMMITTEE.— 

17 The ranking minority member of the Committee on the 

18 Budget of either House may, not later than 90 calendar 

19 days after the Commission submits its legislative proposal, 

20 have published in the Congressional Record an alternative 

21 to the legislative proposal submitted by the Commission. 

22 SEC. 412. CONSIDERATION OF LEGISLATION. 

23 (a) INTRODUCTION.—Not later than the fifth legisla24 tive day after the Commission submits its legislative pro25 posal, the majority leader of each House, or his designee, 


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1 shall introduce (by request) the legislation submitted by 

2 the Commission. 

3 (b) IN THE HOUSE OF REPRESENTATIVES.— 

4 (1) PRIVILEGED CONSIDERATION.—In the 

5 House of Representatives, the legislation shall be re6 ported to the Committee on the Budget, which shall 

7 report the bill without substantive revision. If the 

8 Committee on the Budget has not reported the legis9 lation before the expiration of the 90-day period de10 scribed in section 411, then— 

11 (A) that committee shall be discharged 

12 from consideration of the legislation; 

13 (B) the legislation shall be placed on the 

14 appropriate calendar; and 

15 (C) a motion to proceed to the consider16 ation of the legislation shall be highly privileged 

17 and shall not be debatable, and a motion to re18 consider the vote by which the motion is dis19 posed of shall not be in order. 

20 (2) CONSIDERATION CONSISTENT WITH CON21 GRESSIONAL BUDGET ACT.—Consideration of such 

22 legislation shall be pursuant to the procedures set 

23 forth in paragraphs (2), (5), and (6) of section 

24 305(a) of the Congressional Budget Act of 1974 to 

25 the extent not inconsistent with this title. 


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1 (3) AMENDMENTS LIMITED.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), an amendment to the legis4 lation may not be offered in the House of Rep5 resentatives. 

6 (B) PERMITTED AMENDMENTS.—(i) Any 

7 member may offer, as an amendment in the na8 ture of a substitute, the alternative legislative 

9 proposal submitted by the President. 

10 (ii) The chairman of the House Committee 

11 on the Budget may offer, as an amendment in 

12 the nature of a substitute, the alternative legis13 lative proposal published in the Congressional 

14 Record by the House Committee on the Budget. 

15 (iii) The ranking minority member of the 

16 House Committee on the Budget may offer, as 

17 an amendment in the nature of a substitute, 

18 the alternative legislative proposal published in 

19 the Congressional Record by such ranking mi20 nority member. 

21 (C) POINT OF ORDER.— 

22 (i) IN GENERAL.—An amendment of23 fered under subparagraph (B) is subject to 

24 a point of order if— 


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1 (I) the amendment is not accom2 panied by a long-term CBO cost esti3 mate of the amendment or a long4 term revenue estimate of the amend5 ment, which includes the information 

6 described in section 413, by the Joint 

7 Committee on Taxation; or 

8 (II) it would increase the deficit 

9 or cause a deficit either for the period 

10 of the first 20 fiscal years beginning 

11 with the first fiscal year after the cur12 rent fiscal year or for the period of 

13 the first 50 fiscal years beginning 

14 with the first fiscal year after the cur15 rent fiscal year, as judged against the 

16 baseline. 

17 (ii) BASELINE.—For purposes of 

18 clause (i)(II), the baseline shall be cal19 culated using the assumption that the leg20 islation submitted by the Commission has 

21 been enacted into law, subject to the limi22 tation imposed by section 413(d). 

23 (iii) WAIVER.—A point of order raised 

24 under clause (i) may only be waived or sus25 pended in the House of Representatives by 


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1 a resolution devoted solely to the subject of 

2 waiving that point of order. 

3 (D) MULTIPLE AMENDMENTS.—If more 

4 than one amendment is offered under this para5 graph, then each amendment shall be consid6 ered separately, and the amendment receiving 

7 both a majority and the highest number of 

8 votes shall be the amendment adopted. 

9 (4) TRANSMITTAL TO THE SENATE.—If the leg10 islation passed in the House of Representatives pur11 suant to this section, the Clerk of the House of Rep12 resentatives shall cause the legislation to be en13 grossed, certified, and transmitted to the Senate not 

14 later than 1 calendar day after the day on which the 

15 legislation is passed. Such legislation shall be re16 ferred to the Senate Committee on the Budget. 

17 (c) IN THE SENATE.— 

18 (1) AUTOMATIC DISCHARGE OF SENATE BUDG19 ET COMMITTEE.—If the Senate Committee on the 

20 Budget has not reported the legislation before the 

21 expiration of the 90-day period described in section 

22 411, then— 

23 (A) the committee shall be discharged from 

24 consideration of the legislation; and 


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1 (B) a motion to proceed to the consider2 ation of the legislation is highly privileged and 

3 is not debatable. 

4 (2) CONSIDERATION.—Consideration of such 

5 legislation shall be pursuant to the procedures set 

6 forth in paragraphs (1), (2), (5), and (6) of section 

7 305(b) of the Congressional Budget Act of 1974 to 

8 the extent not inconsistent with this title. 

9 (3) AMENDMENTS LIMITED.— 

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (B), an amendment to the legis12 lation may not be offered in the Senate. 

13 (B) PERMITTED AMENDMENTS.—(i) Any 

14 member may offer, as an amendment in the na15 ture of a substitute, the alternative legislative 

16 proposal submitted by the President. 

17 (ii) The chairman of the Senate Committee 

18 on the Budget may offer, as an amendment in 

19 the nature of a substitute, the alternative legis20 lative proposal published in the Congressional 

21 Record by the Senate Committee on the Budg22 et. 

23 (iii) The ranking minority member of the 

24 Senate Committee on the Budget may offer, as 

25 an amendment in the nature of a substitute, 


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1 the alternative legislative proposal published in 

2 the Congressional Record by such ranking mi3 nority member. 

4 (C) POINT OF ORDER.— 

5 (i) IN GENERAL.—An amendment of6 fered under subparagraph (B) is subject to 

7 a point of order if— 

8 (I) the amendment is not accom9 panied by a long-term CBO cost esti10 mate of the amendment or a long11 term revenue estimate of the amend12 ment, which includes the information 

13 described in section 413, by the Joint 

14 Committee on Taxation; or 

15 (II) it would increase the deficit 

16 or cause a deficit either for the period 

17 of the first 20 fiscal years beginning 

18 with the first fiscal year after the cur19 rent fiscal year or for the period of 

20 the first 50 fiscal years beginning 

21 with the first fiscal year after the cur22 rent fiscal year, as judged against the 

23 baseline. 

24 (ii) BASELINE.—For purposes of 

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1 culated using the assumption that the leg2 islation submitted by the Commission has 

3 been enacted into law, subject to the limi4 tation imposed by section 413(d). 

5 (iii) WAIVER OF POINT OF ORDER.— 

6 A point of order raised under clause (i) 

7 may only be waived or suspended in the 

Senate by an affirmative vote of 3 8 ⁄5 of the 

9 members duly chosen and sworn. 

10 (D) MULTIPLE AMENDMENTS.—If more 

11 than one amendment is offered under this para12 graph, then each amendment shall be consid13 ered separately, and the amendment receiving 

14 both a majority and the highest number of 

15 votes shall be the amendment adopted. 

16 (d) PROHIBITION ON CONCURRENT CONSIDERATION

17 OF OTHER BUDGET-RELATED LEGISLATION.— 

18 (1) IN GENERAL.—Until a bill or joint resolu19 tion considered pursuant to the procedures of this 

20 section or a conference report thereon has been en21 rolled and presented to the President of the United 

22 States, it shall not be in order in either the House 

23 of Representatives or the Senate to consider any bill 

24 or joint resolution, amendment or motion thereto, or 

25 conference report thereon that— 


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1 (A) provides new budget authority for any 

2 fiscal year; 

3 (B) provides for an increase in outlays for 

4 any fiscal year; 

5 (C) provides a decrease in revenues during 

6 any fiscal year; or 

7 (D) provides an increase in the public debt 

8 limit to become effective during any fiscal year. 

9 Subparagraphs (A) through (D) shall be applied on 

10 a provision-by-provision basis. 

11 (2) EXCEPTIONS.—Paragraph (1) does not 

12 apply— 

13 (A) to any measure under consideration 

14 prior to the introduction, in either House, of a 

15 bill or joint resolution considered pursuant to 

16 the procedures of this section; 

17 (B) to any measure considered after a bill 

18 or joint resolution considered pursuant to the 

19 procedures of this section has been defeated in 

20 either House; or 

21 (C) to any general appropriation bill or 

22 amendment thereto, but only to the extent of 

23 discretionary new budget authority provided for 

24 the budget year or for the first or second fiscal 

25 year after the budget year. 


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1 (3) WAIVER.— 

2 (A) HOUSE OF REPRESENTATIVES.—In the 

3 House of Representatives, if a special rule is 

4 considered that would waive points of order 

5 pursuant to paragraph (1), a motion to strike 

6 the provision waiving such points of order shall 

7 be in order. 

8 (B) SENATE.—In the Senate, a point of 

9 order properly raised pursuant to paragraph (1) 

10 shall be waived only by an affirmative vote of 

2 11 ⁄3 of the members senators duly chosen and 

12 sworn. 

13 (e) APPLICATION OF CONGRESSIONAL BUDGET

14 ACT.—To the extent that they are relevant and not incon15 sistent with this title, the provisions of title III of the Con16 gressional Budget Act of 1974 shall apply in the House 

17 of Representatives and the Senate to any bill or joint reso18 lution, any amendment thereto, and any conference report 

19 thereon that is considered pursuant to this section. 

20 (f) RULES OF SENATE AND HOUSE OF REPRESENTA21 TIVES.—This section is enacted by Congress— 

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

23 the Senate and the House of Representatives, re24 spectively, and is deemed to be part of the rules of 

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1 spect to the procedure to be followed in that House 

2 in the case of a bill introduced pursuant to this sec3 tion, and it supersedes other rules only to the extent 

4 that it is inconsistent with such rules; and 

5 (2) with full recognition of the constitutional 

6 right of either House to change the rules (so far as 

7 they relate to the procedure of that House) at any 

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

9 as in the case of any other rule of that House. 

10 SEC. 413. LONG-TERM CBO COST ESTIMATE. 

11 (a) PREPARATION AND SUBMISSION.—When the 

12 Commission, the President, or the chairman or ranking 

13 minority member of the Committee on the Budget of ei14 ther House submits a written request to the Director of 

15 the Congressional Budget Office for a long-term CBO cost 

16 estimate of legislation proposed under this title or an 

17 amendment referred to in section 412(b)(3)(B) or section 

18 412(c)(3)(B), the Director shall prepare the estimate and 

19 have it published in the Congressional Record as expedi20 tiously as possible. 

21 (b) CONTENT.—A long-term CBO cost estimate shall 

22 include— 

23 (1) an estimate of the cost of each provision (if 

24 practicable) or group of provisions of the legislation 

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1 fect and for each of the 49 fiscal years thereafter; 

2 and 

3 (2) a statement of any estimated future costs 

4 not reflected by the estimate described in paragraph 

5 (1). 

6 (c) FORM.—To the extent that a long-term CBO cost 

7 estimate presented in dollars is impracticable, the Director 

8 of the Congressional Budget Office may instead present 

9 the estimate in terms of percentages of gross domestic 

product, with rounding to the nearest 1 10 ⁄10 of 1 percent 

11 of gross domestic product. 

12 (d) LIMITATIONS ON DISCRETIONARY SPENDING.— 

13 A long-term CBO cost estimate shall only consider the ef14 fects of provisions affecting revenues and direct spending 

15 (as defined by the Balanced Budget and Emergency Def16 icit Control Act of 1985), and shall not assume that any 

17 changes in outlays will result from limitations on, or re18 ductions in, annual appropriations. 

Æ 


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