‘‘(i) LOW-GROWTH REPORT.— 
‘‘(1) IN GENERAL.—At any time, OMB, in con-
sultation with the Secretary of Commerce, shall no-
tify the Congress if— 
‘‘(A) during the period consisting of the 
quarter during which such notification is given, 
the quarter preceding such notification, the 4 
quarters following such notification, OMB has 
determined that real economic growth is pro-
jected or estimated to be less than 1 percent 
with respect to each of any 2 consecutive quar-
ters within such period; or 
‘‘(B) the most recent of the Department of 
Commerce’s advance preliminary or final re-
ports of actual real economic growth indicate 
that the rate of real economic growth for the 
following four quarters is projected or estimated 
to be less than 1 percent with respect to each 
of any two consecutive quarters. 
‘‘(2) SUSPENSION.—Sequestration under sec-
tions 251 and 253A shall be suspended in any fiscal 
year in which there occur 2 quarters of low growth 
as described in subparagraphs (A) or (B) of para-
graph (1).’’. 
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SEC. 105. CONFORMING AMENDMENTS. 
Section 275(b) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by striking 
‘‘2002’’ and inserting ‘‘2019’’ and by striking ‘‘2006’’ and 
inserting ‘‘2019’’. 
TITLE II—DEFICIT LIMITS 
SEC. 201. DEFICIT LIMITS. 
The Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended by inserting after section 253 the 
following: 
‘‘SEC. 253A. ENFORCING DEFICIT LIMITS. 
‘‘(a) ENFORCING DEFICIT LIMITS.—In this section, 
the term ‘deficit limit’ means an amount, as estimated by 
OMB, that equals— 
‘‘(1) 4 percent of GDP for fiscal year 2012; 
and 
‘‘(2) 3 percent of GDP for fiscal years 2013 
through 2019. 
‘‘(b) DETERMINING THE GDP.—The Office of Man-
agement and Budget shall estimate the GDP at the outset 
of the fiscal year, on April 30, on August 20, and 15 days 
after the conclusion of the fiscal year. CBO shall provide 
advisory reports calculating the GDP at identical times. 
‘‘(c) SEQUESTRATION.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) EXCESS DEFICIT.—Not later than 45 
calendar days after Congress adjourns, OMB 
shall conduct a sequestration to eliminate the 
excess deficit. 
‘‘(B) DEFINITION.—For purposes of this 
subsection, the term ‘excess deficit’ means the 
deficit for the preceding year minus the deficit 
limit as described in the subsection (a) and ad-
justed pursuant to paragraph (2). 
‘‘(2) ADJUSTMENTS.— 
‘‘(A) EMERGENCY DESIGNATION.—If direct 
spending or appropriations for discretionary ac-
counts are enacted that the President des-
ignates as emergency requirements and that the 
Congress so designates in statute, the adjust-
ment shall be the total of such direct spending 
or appropriations in discretionary accounts des-
ignated as emergency requirements and the out-
lays flowing in all fiscal years from such spend-
ing or appropriations. 
‘‘(B) 
OVERSEAS
CONTINGENCY
OPER-
ATIONS
DESIGNATION.—If direct spending or 
appropriations for discretionary accounts are 
enacted that the President designates as over-
seas contingency operations related to the glob-
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al war on terrorism, including Iraq and Afghan-
istan, that the Congress so designates in stat-
ute, the adjustment shall be the total of such 
direct spending or appropriations in discre-
tionary accounts designated as overseas contin-
gency operations and the outlays flowing in all 
fiscal years from such spending or appropria-
tions. 
‘‘(3) PREVIEW REPORT.—CBO shall submit an 
advisory sequestration preview report as described in 
section 254(c)(4) on August 10 of each year. OMB 
shall produce an sequestration preview report on Au-
gust 20 as described in section 254(c)(4). Fifteen 
days after Congress adjourns, the OMB shall issue 
an update sequestration report as described in sec-
tion 254(e). Thirty days later, the OMB should issue 
its final sequestration report as described in section 
254(f)(3). It shall be accompanied by a Presidential 
order detailing the uniform spending reductions. The 
reductions should generally follow the process set 
forth in section 253 and 254, except as provided in 
this section. 
‘‘(4) CONGRESSIONAL ACTION.—If the August 
20 OMB report projects a sequestration, the Senate 
and House Budget Committees may report a resolu-
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tion directing their committees to change the exist-
ing law to achieve the goals outlined in the August 
20 report. If the Committees report their respective 
resolutions, a reconciliation process shall be trig-
gered in accordance with section 258C. 
‘‘(5) REDUCING NONEXEMPT BUDGETARY RE-
SOURCES BY A UNIFORM PERCENTAGE.—OMB shall 
calculate the uniform percentage by which the budg-
etary resources of nonexempt direct and discre-
tionary spending programs are to be sequestered 
such that the outlay savings resulting from that se-
questration, as calculated under this subsection, to 
eliminate the excess deficit. If the uniform percent-
age calculated under the prior sentence exceeds 4 
percent, the Medicare programs described in section 
256(d) shall be reduced by 4 percent and the uni-
form percentage by which the budgetary resources of 
all other nonexempt direct and discretionary spend-
ing programs are to be sequestered shall be in-
creased, as necessary, so that the sequestration of 
Medicare and of all other nonexempt direct and dis-
cretionary spending programs together produce the 
required outlay savings. 
‘‘(d) LOOK BACK.—If, after June 30, a bill resulting 
in outlays for the fiscal year in progress is enacted that 
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causes an excess deficit, the excess deficit for the next fis-
cal year shall be increased by the amount or amounts of 
that breach.’’. 
SEC. 202. EFFECTIVE DATE. 
This title shall apply to fiscal year 2012 and subse-
quent fiscal years through fiscal year 2019. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. EXEMPT PROGRAMS AND ACTIVITIES. 
(a) DESIGNATIONS.—Section 255 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended by redesignating subsection (i) as (j) and strik-
ing ‘‘1998’’ and inserting in lieu thereof ‘‘2010’’. 
(b) SOCIAL SECURITY, VETERANS PROGRAMS, NET 
INTEREST, AND TAX CREDITS.—Subsections (a) through 
(d) of section 255 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 are amended to read as fol-
lows: 
‘‘(a) SOCIAL SECURITY BENEFITS AND TIER I RAIL-
ROAD RETIREMENT BENEFITS.—Benefits payable under 
the old-age, survivors, and disability insurance program 
established under title II of the Social Security Act (42 
U.S.C. 401 et seq.), and benefits payable under section 
231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45 
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United States Code, shall be exempt from reduction under 
any order issued under this part. 
‘‘(b) VETERANS PROGRAMS.—The following program 
shall be exempt from reduction under any order issued 
under this part: 
‘‘All programs administered by the Department 
of Veterans Affairs. 
‘‘Special Benefits for Certain World War II 
Veterans (28–0401–0–1–701). 
‘‘(c) NET INTEREST.—No reduction of payments for 
net interest (all of major functional category 900) shall 
be made under any order issued under this part. 
‘‘(d) REFUNDABLE INCOME TAX CREDITS.—Pay-
ments to individuals made pursuant to provisions of the 
Internal Revenue Code of 1986 establishing refundable 
tax credits shall be exempt from reduction under any order 
issued under this part.’’. 
(c) OTHER PROGRAMS
AND ACTIVITIES, LOW-IN-
COME
PROGRAMS, AND
ECONOMIC
RECOVERY
PRO-
GRAMS.—Subsections (g) and (h) of section 255 of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 are amended to read as follows: 
‘‘(g) OTHER PROGRAMS AND ACTIVITIES.— 
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‘‘(1)(A) The following budget accounts and ac-
tivities shall be exempt from reduction under any 
order issued under this part: 
‘‘Activities resulting from private dona-
tions, bequests, or voluntary contributions to 
the Government. 
‘‘Activities financed by voluntary payments 
to the Government for goods or services to be 
provided for such payments. 
‘‘Administration of Territories, Northern 
Mariana Islands Covenant grants (14–0412–0– 
1–808). 
‘‘Advances to the Unemployment Trust 
Fund and Other Funds (16–0327–0–1–600). 
‘‘Black Lung Disability Trust Fund Refi-
nancing (16–0329–0–1–601). 
‘‘Bonneville Power Administration Fund 
and borrowing authority established pursuant 
to section 13 of Public Law 93–454 (1974), as 
amended (89–4045–0–3–271). 
‘‘Claims, Judgments, and Relief Acts (20– 
1895–0–1–808). 
‘‘Compact of Free Association (14–0415– 
0–1–808). 
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‘‘Compensation of the President (11– 
0209–01–1–802). 
‘‘Comptroller of the Currency, Assessment 
Funds (20–8413–0–8–373). 
‘‘Continuing Fund, Southeastern Power 
Administration (89–5653–0–2–271). 
‘‘Continuing Fund, Southwestern Power 
Administration (89–5649–0–2–271). 
‘‘Dual Benefits Payments Account (60– 
0111–0–1–601). 
‘‘Emergency Fund, Western Area Power 
Administration (89–5069–0–2–271). 
‘‘Exchange Stabilization Fund (20–4444– 
0–3–155). 
‘‘Federal Deposit Insurance Corporation, 
Deposit Insurance Fund (51–4596–4–4–373). 
‘‘Federal Deposit Insurance Corporation, 
FSLIC Resolution Fund (51–4065–0–3–373). 
‘‘Federal Deposit Insurance Corporation, 
Noninterest 
Bearing 
Transaction 
Account 
Guarantee (51–4458–0–3–373). 
‘‘Federal Deposit Insurance Corporation, 
Senior Unsecured Debt Guarantee (51–4457– 
0–3–373). 
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‘‘Federal Housing Finance Agency, Admin-
istrative Expenses (95–5532–0–2–371). 
‘‘Federal Payment to the District of Co-
lumbia Judicial Retirement and Survivors An-
nuity Fund (20–1713–0–1–752). 
‘‘Federal Payment to the District of Co-
lumbia Pension Fund (20–1714–0–1–601). 
‘‘Federal Payments to the Railroad Retire-
ment Accounts (60–0113–0–1–601). 
‘‘Federal Reserve Bank Reimbursement 
Fund (20–1884–0–1–803). 
‘‘Financial Agent Services (20–1802–0–1– 
803). 
‘‘Foreign Military Sales Trust Fund (11– 
8242–0–7–155). 
‘‘Hazardous Waste Management, Con-
servation Reserve Program (12–4336–0–3– 
999). 
‘‘Host Nation Support Fund for Relocation 
(97–8337–0–7–051). 
‘‘Internal Revenue Collections for Puerto 
Rico (20–5737–0–2–806). 
‘‘Intragovernmental funds, including those 
from which the outlays are derived primarily 
from resources paid in from other government 
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accounts, except to the extent such funds are 
augmented by direct appropriations for the fis-
cal year during which an order is in effect. 
‘‘Medical Facilities Guarantee and Loan 
Fund (75–9931–0–3–551). 
‘‘National Credit Union Administration, 
Central Liquidity Facility (25–4470–0–3–373). 
‘‘National Credit Union Administration, 
Corporate Credit Union Share Guarantee Pro-
gram (25–4476–0–3–376). 
‘‘National Credit Union Administration, 
Credit Union Homeowners Affordability Relief 
Program (25–4473–0–3–371). 
‘‘National Credit Union Administration, 
Credit Union Share Insurance Fund (25–4468– 
0–3–373). 
‘‘National Credit Union Administration, 
Credit Union System Investment Program (25– 
4474–0–3–376). 
‘‘National Credit Union Administration, 
Operating fund (25–4056–0–3–373). 
‘‘National Credit Union Administration, 
Share Insurance Fund Corporate Debt Guar-
antee Program (25–4469–0–3–376). 
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‘‘National Credit Union Administration, 
U.S. Central Federal Credit Union Capital Pro-
gram (25–4475–0–3–376). 
‘‘Office of Thrift Supervision (20–4108–0– 
3–373). 
‘‘Panama Canal Commission Compensation 
Fund (16–5155–0–2–602). 
‘‘Payment of Vietnam and USS Pueblo 
prisoner-of-war claims within the Salaries and 
Expenses, Foreign Claims Settlement account 
(15–0100–0–1–153). 
‘‘Payment to Civil Service Retirement and 
Disability Fund (24–0200–0–1–805). 
‘‘Payment to Department of Defense Medi-
care-Eligible Retiree Health Care Fund (97– 
0850–0–1–054). 
‘‘Payment to Judiciary Trust Funds (10– 
0941–0–1–752). 
‘‘Payment to Military Retirement Fund 
(97–0040–0–1–054). 
‘‘Payment to the Foreign Service Retire-
ment and Disability Fund (19–0540–0–1–153). 
‘‘Payments to Copyright Owners (03– 
5175–0–2–376). 
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‘‘Payments to Health Care Trust Funds 
(75–0580–0–1–571). 
‘‘Payment to Radiation Exposure Com-
pensation Trust Fund (15–0333–0–1–054). 
‘‘Payments to Social Security Trust Funds 
(28–0404–0–1–651). 
‘‘Payments to the United States Terri-
tories, Fiscal Assistance (14–0418–0–1–806). 
‘‘Payments to trust funds from excise 
taxes or other receipts properly creditable to 
such trust funds. 
‘‘Payments to widows and heirs of de-
ceased Members of Congress (00–0215–0–1– 
801). 
‘‘Postal Service Fund (18–4020–0–3–372). 
‘‘Radiation Exposure Compensation Trust 
Fund (15–8116–0–1–054). 
‘‘Reimbursement to Federal Reserve Banks 
(20–0562–0–1–803). 
‘‘Salaries of Article III judges. 
‘‘Soldiers and Airmen’s Home, payment of 
claims (84–8930–0–7–705). 
‘‘Tennessee Valley Authority Fund, except 
nonpower programs and activities (64–4110–0– 
3–999). 
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‘‘(B) The following Federal retirement and dis-
ability accounts and activities shall be exempt from 
reduction under any order issued under this part: 
‘‘Black Lung Disability Trust Fund (20– 
8144–0–7–601). 
‘‘Central Intelligence Agency Retirement 
and Disability System Fund (56–3400–0–1– 
054). 
‘‘Civil Service Retirement and Disability 
Fund (24–8135–0–7–602). 
‘‘Comptrollers general retirement system 
(05–0107–0–1–801). 
‘‘Contributions to U.S. Park Police annu-
ity benefits, Other Permanent Appropriations 
(14–9924–0–2–303). 
‘‘Court of Appeals for Veterans Claims Re-
tirement Fund (95–8290–0–7–705). 
‘‘Department of Defense Medicare-Eligible 
Retiree Health Care Fund (97–5472–0–2–551). 
‘‘District of Columbia Federal Pension 
Fund (20–5511–0–2–601). 
‘‘District of Columbia Judicial Retirement 
and Survivors Annuity Fund (20–8212–0–7– 
602). 
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‘‘Energy Employees Occupational Illness 
Compensation Fund (16–1523–0–1–053). 
‘‘Foreign National Employees Separation 
Pay (97–8165–0–7–051). 
‘‘Foreign Service National Defined Con-
tributions Retirement Fund (19–5497–0–2– 
602). 
‘‘Foreign Service National Separation Li-
ability Trust Fund (19–8340–0–7–602). 
‘‘Foreign Service Retirement and Dis-
ability Fund (19–8186–0–7–602). 
‘‘Government Payment for Annuitants, 
Employees Health Benefits (24–0206–0–1– 
551). 
‘‘Government Payment for Annuitants, 
Employee Life Insurance (24–0500–0–1–602). 
‘‘Judicial Officers’ Retirement Fund (10– 
8122–0–7–602). 
‘‘Judicial Survivors’ Annuities Fund (10– 
8110–0–7–602). 
‘‘Military Retirement Fund (97–8097–0– 
7–602). 
‘‘National Railroad Retirement Investment 
Trust (60–8118–0–7–601). 
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‘‘National Oceanic and Atmospheric Ad-
ministration retirement (13–1450–0–1–306). 
‘‘Pensions for former Presidents (47– 
0105–0–1–802). 
‘‘Postal Service Retiree Health Benefits 
Fund (24–5391–0–2–551). 
‘‘Public Safety Officer Benefits (15–0403– 
0–1–754). 
‘‘Rail Industry Pension Fund (60–8011– 
0–7–601). 
‘‘Retired Pay, Coast Guard (70–0602–0– 
1–403). 
‘‘Retirement Pay and Medical Benefits for 
Commissioned Officers, Public Health Service 
(75–0379–0–1–551). 
‘‘Special Benefits for Disabled Coal Miners 
(16–0169–0–1–601). 
‘‘Special Benefits, Federal Employees’ 
Compensation Act (16–1521–0–1–600). 
‘‘Special Workers Compensation Expenses 
(16–9971–0–7–601). 
‘‘Tax Court Judges Survivors Annuity 
Fund (23–8115–0–7–602). 
‘‘United States Court of Federal Claims 
Judges’ Retirement Fund (10–8124–0–7–602). 
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‘‘United States Secret Service, DC Annuity 
(70–0400–0–1–751). 
‘‘Voluntary Separation Incentive Fund 
(97–8335–0–7–051). 
‘‘(2) Prior legal obligations of the Government 
in the following budget accounts and activities shall 
be exempt from any order issued under this part: 
‘‘Biomass Energy Development (20–0114– 
0–1–271). 
‘‘Check Forgery Insurance Fund (20– 
4109–0–3–803). 
‘‘Credit liquidating accounts. 
‘‘Credit reestimates. 
‘‘Employees Life Insurance Fund (24– 
8424–0–8–602). 
‘‘Federal Aviation Insurance Revolving 
Fund (69–4120–0–3–402). 
‘‘Federal 
Crop 
Insurance 
Corporation 
Fund (12–4085–0–3–351). 
‘‘Federal Emergency Management Agency, 
National Flood Insurance Fund (58–4236–0– 
3–453). 
‘‘Federal Home Loan Mortgage Corpora-
tion (Freddie Mac). 
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‘‘Federal National Mortgage Corporation 
(Fannie Mae). 
‘‘Geothermal resources development fund 
(89–0206–0–1–271). 
‘‘Low-Rent Public Housing—Loans and 
Other Expenses (86–4098–0–3–604). 
‘‘Maritime Administration, War Risk In-
surance Revolving Fund (69–4302–0–3–403). 
‘‘Natural Resource Damage Assessment 
Fund (14–1618–0–1–302). 
‘‘Overseas Private Investment Corporation, 
Noncredit Account (71–4184–0–3–151). 
‘‘Pension Benefit Guaranty Corporation 
Fund (16–4204–0–3–601). 
‘‘San Joaquin Restoration Fund (14– 
5537–0–2–301). 
‘‘Servicemembers’ Group Life Insurance 
Fund (36–4009–0–3–701). 
‘‘Terrorism Insurance Program (20–0123– 
0–1–376). 
‘‘(h) LOW-INCOME PROGRAMS.—The following pro-
grams shall be exempt from reduction under any order 
issued under this part: 
‘‘Academic Competitiveness/Smart Grant Pro-
gram (91–0205–0–1–502). 
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‘‘Child Care Entitlement to States (75–1550– 
0–1–609). 
‘‘Child Enrollment Contingency Fund (75– 
5551–0–2–551). 
‘‘Child Nutrition Programs (with the exception 
of special milk programs) (12–3539–0–1–605). 
‘‘Children’s Health Insurance Fund (75–0515– 
0–1–551). 
‘‘Commodity Supplemental Food Program (12– 
3507–0–1–605). 
‘‘Contingency Fund (75–1522–0–1–609). 
‘‘Family Support Programs (75–1501–0–1– 
609). 
‘‘Federal Pell Grants under section 401 Title 
IV of the Higher Education Act. 
‘‘Grants to States for Medicaid (75–0512–0–1– 
551). 
‘‘Payments for Foster Care and Permanency 
(75–1545–0–1–609). 
‘‘Supplemental Nutrition Assistance Program 
(12–3505–0–1–605). 
‘‘Supplemental Security Income Program (28– 
0406–0–1–609). 
‘‘Temporary Assistance for Needy Families 
(75–1552–0–1–609).’’. 
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(d) ECONOMIC RECOVERY PROGRAMS.—Section 255 
of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended by adding the following after sub-
section (h): 
‘‘(i) ECONOMIC RECOVERY PROGRAMS.—The fol-
lowing programs shall be exempt from reduction under 
any order issued under this part: 
‘‘All programs enacted in, or increases in pro-
grams provided by, the American Recovery and Re-
investment Act of 2009. 
‘‘Exchange Stabilization Fund-Money Market 
Mutual Fund Guaranty Facility (20–4274–0–3– 
376). 
‘‘Financial Stabilization Reserve (20–0131–4– 
1–376). 
‘‘GSE Mortgage-Backed Securities Purchase 
Program Account (20–0126–0–1–371). 
‘‘GSE Preferred Stock Purchase Agreements 
(20–0125–0–1–371). 
‘‘Office of Financial Stability (20–0128–0–1– 
376). 
‘‘Special Inspector General for the Troubled 
Asset Relief Program (20–0133–0–1–376). 
‘‘Troubled Asset Relief Program Account (20– 
0132–0–1–376). 
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‘‘Troubled Asset Relief Program Equity Pur-
chase Program (20–0134–0–1–376). 
‘‘Troubled Asset Relief Program, Home Afford-
able Modification Program (20–0136–0–1–604).’’. 
SEC. 302. ENFORCEMENT PROCEDURES UNDER THE CON-
GRESSIONAL BUDGET ACT. 
(a) ENFORCEMENT.—Title III of the Congressional 
Budget Act of 1974 is amended by adding after section 
315 the following new section: 
‘‘SEC. 316. ENFORCEMENT PROCEDURES. 
‘‘(a) DISCRETIONARY SPENDING LIMITS.—It shall 
not be in order in the House of Representatives or the 
Senate to consider any bill, joint resolution, amendment, 
or conference report that includes any provision that 
would cause the discretionary spending limits as set forth 
in section 251(c) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 to be exceeded. 
‘‘(b) DEFICIT LIMITS.—It shall not be in order in the 
House of Representatives or the Senate to consider any 
bill, joint resolution, amendment, or conference report that 
includes any provision that would cause the most recently 
reported, current deficit limits set forth in section 253A 
of the Balanced Budget and Emergency Deficit Control 
Act of 1985 to be exceeded. 
‘‘(c) WAIVER OR SUSPENSION.— 
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‘‘(1) IN THE SENATE.—The provisions of this 
section may be waived or suspended in the Senate 
only by the affirmative vote of three-fifths of the 
Members, duly chosen and sworn. 
‘‘(2) IN THE HOUSE.—The provisions of this 
section may be waived or suspended in the House of 
Representatives only by a rule or order proposing 
only to waive such provisions by an affirmative vote 
of three-fifths of the Members, duly chosen and 
sworn. 
‘‘(d) POINT OF ORDER PROTECTION.—In the House, 
it shall not be in order to consider a rule or order that 
waives the application of paragraph (2) of subsection (c). 
‘‘(e) MOTION TO SUSPEND.—It shall not be in order 
for the Speaker to entertain a motion to suspend the appli-
cation of this section under clause 1 of rule XV.’’. 
(b) TABLE OF CONTENTS.—The table of contents set 
forth in section 1(b) of the Congressional Budget and Im-
poundment Control Act of 1974 is amended by inserting 
after the item relating to section 315 the following new 
item: 
‘‘Sec. 316. Enforcement procedures.’’. 
SEC. 303. DEFINITIONS. 
Section 250(c)(4) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended by striking 
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paragraph (4), redesignating the succeeding paragraphs 
accordingly, and adding the following paragraphs: 
‘‘(19) The term ‘spending reduction’ refers to 
the cancellation of budgetary resources provided by 
discretionary appropriations or mandatory spending. 
‘‘(20) The term ‘GDP’, for any fiscal year, 
means the gross domestic product during such fiscal 
year consistent with Department of Commerce defi-
nitions. 
‘‘(21)(A) The term ‘emergency requirement’ 
means any provision that provides new budget au-
thority and resulting outlays for a situation that 
poses a threat to life, property, or national security 
and is— 
‘‘(i) sudden, quickly coming into being, and 
not building up over time; 
‘‘(ii) an urgent, pressing, and compelling 
need requiring immediate action; 
‘‘(iii) unforeseen, unpredictable, and unan-
ticipated; and 
‘‘(iv) not permanent, temporary in nature. 
‘‘(B) An emergency that is part of an aggregate 
level of anticipated emergencies, particularly when 
normally estimated in advance, is not unforeseen.’’. 
Æ 
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