[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3026 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3026

 To provide fiscal discipline through a freeze on spending and budget 
                            process reforms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2010

 Mr. Bayh (for himself and Mr. McCain) introduced the following bill; 
    which was read twice and referred to the Committee on the Budget

_______________________________________________________________________

                                 A BILL


 
 To provide fiscal discipline through a freeze on spending and budget 
                            process reforms.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fiscal Freeze Act 
of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
  TITLE I--CONGRESSIONAL ACCOUNTABILITY AND LINE-ITEM VETO ACT OF 2010

Sec. 101. Short title.
Sec. 102. Legislative line-item veto.
Sec. 103. Technical and conforming amendments.
Sec. 104. Sense of Congress on abuse of proposed repeals and 
                            cancellations.
                        TITLE II--BUDGET REFORMS

                          Subtitle A--Earmarks

Sec. 211. Earmarks prohibited in years in which there is a deficit.
                 Subtitle B--Deficit Reduction Accounts

Sec. 221. Establishment of Discretionary Deficit Reduction Account.
Sec. 222. Establishment of Mandatory Deficit Reduction Account.
Sec. 223. Conforming amendment.
          Subtitle C--Statutory Budget Limits and Enforcement

              PART I--Spending Limits and Deficit Control

Sec. 231. Discretionary spending limits.
Sec. 232. Total spending limits.
Sec. 233. Deficit limits.
                      PART II--Reports and Orders

Sec. 241. Reports and orders.
Sec. 242. Spending and deficit limits enforcement.
Sec. 243. Spending reduction orders.
             Subtitle D--Prevention of Government Shutdown

Sec. 251. Amendment to title 31.
                  Subtitle E--Joint Budget Resolution

Sec. 271. Purposes.
Sec. 272. Timetable.
Sec. 273. Joint resolution on the budget.
Sec. 274. Budget required before spending bills may be considered.
Sec. 275. Amendments to joint resolutions on the budget.
  TITLE III--FISCAL DISCIPLINE, EARMARK REFORM, AND ACCOUNTABILITY ACT

Sec. 301. Short title.
Sec. 302. Reform of consideration of appropriations bills in the 
                            Senate.
Sec. 303. Lobbying on behalf of recipients of Federal funds.

  TITLE I--CONGRESSIONAL ACCOUNTABILITY AND LINE-ITEM VETO ACT OF 2010

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Congressional Accountability and 
Line-Item Veto Act of 2010''.

SEC. 102. LEGISLATIVE LINE-ITEM VETO.

    (a) In General.--Title X of the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by 
striking all of part B (except for sections 1016 and 1013, which are 
redesignated as sections 1019 and 1020, respectively) and part C and 
inserting the following:

                  ``Part B--Legislative Line-Item Veto

                       ``line-item veto authority

    ``Sec. 1011.  (a) Proposed Cancellations.--Within 30 calendar days 
after the enactment of any bill or joint resolution containing any 
congressional earmark or providing any limited tariff benefit or 
targeted tax benefit, the President may propose, in the manner provided 
in subsection (b), the repeal of the congressional earmark or the 
cancellation of any limited tariff benefit or targeted tax benefit. If 
the 30 calendar-day period expires during a period where either House 
of Congress stands adjourned sine die at the end of Congress or for a 
period greater than 30 calendar days, the President may propose a 
cancellation under this section and transmit a special message under 
subsection (b) on the first calendar day of session following such a 
period of adjournment.
    ``(b) Transmittal of Special Message.--
            ``(1) Special message.--
                    ``(A) In general.--The President may transmit to 
                the Congress a special message proposing to repeal any 
                congressional earmarks or to cancel any limited tariff 
                benefits or targeted tax benefits.
                    ``(B) Contents of special message.--Each special 
                message shall specify, with respect to the 
                congressional earmarks, limited tariff benefits, or 
                targeted tax benefits to be repealed or canceled--
                            ``(i) the congressional earmark that the 
                        President proposes to repeal or the limited 
                        tariff benefit or the targeted tax benefit that 
                        the President proposes be canceled;
                            ``(ii) the specific project or governmental 
                        functions involved;
                            ``(iii) the reasons why such congressional 
                        earmark should be repealed or such limited 
                        tariff benefit or targeted tax benefit should 
                        be canceled;
                            ``(iv) to the maximum extent practicable, 
                        the estimated fiscal, economic, and budgetary 
                        effect (including the effect on outlays and 
                        receipts in each fiscal year) of the proposed 
                        repeal or cancellation;
                            ``(v) to the maximum extent practicable, 
                        all facts, circumstances, and considerations 
                        relating to or bearing upon the proposed repeal 
                        or cancellation and the decision to propose the 
                        repeal or cancellation, and the estimated 
                        effect of the proposed repeal or cancellation 
                        upon the objects, purposes, or programs for 
                        which the congressional earmark, limited tariff 
                        benefit, or the targeted tax benefit is 
                        provided;
                            ``(vi) a numbered list of repeals and 
                        cancellations to be included in an approval 
                        bill that, if enacted, would repeal 
                        congressional earmarks and cancel limited 
                        tariff benefits or targeted tax benefits 
                        proposed in that special message; and
                            ``(vii) if the special message is 
                        transmitted subsequent to or at the same time 
                        as another special message, a detailed 
                        explanation why the proposed repeals or 
                        cancellations are not substantially similar to 
                        any other proposed repeal or cancellation in 
                        such other message.
                    ``(C) Duplicative proposals prohibited.--The 
                President may not propose to repeal or cancel the same 
                or substantially similar congressional earmark, limited 
                tariff benefit, or targeted tax benefit more than one 
                time under this part.
                    ``(D) Maximum number of special messages.--The 
                President may not transmit to the Congress more than 
                one special message under this subsection related to 
                any bill or joint resolution described in subsection 
                (a), but may transmit not more than 2 special messages 
                for any omnibus budget reconciliation or appropriation 
                measure.
            ``(2) Enactment of approval bill.--
                    ``(A) Deficit reduction.--Congressional earmarks, 
                limited tariff benefits, or targeted tax benefits which 
                are repealed or canceled pursuant to enactment of a 
                bill as provided under this section shall be dedicated 
                only to reducing the deficit or increasing the surplus.
                    ``(B) Adjustment of levels in the concurrent 
                resolution on the budget.--Not later than 5 days after 
                the date of enactment of an approval bill as provided 
                under this section, the chairs of the Committees on the 
                Budget of the Senate and the House of Representatives 
                shall revise allocations and aggregates and other 
                appropriate levels under the appropriate concurrent 
                resolution on the budget to reflect the repeal or 
                cancellation, and the applicable committees shall 
                report revised suballocations pursuant to section 
                302(b), as appropriate.
                    ``(C) Adjustments to statutory limits.--After 
                enactment of an approval bill as provided under this 
                section, the Office of Management and Budget shall 
                revise applicable limits under the Balanced Budget and 
                Emergency Deficit Control Act of 1985, as appropriate.
                    ``(D) Trust funds and special funds.--
                Notwithstanding subparagraph (A), nothing in this part 
                shall be construed to require or allow the deposit of 
                amounts derived from a trust fund or special fund which 
                are canceled pursuant to enactment of a bill as 
                provided under this section to any other fund.

                ``procedures for expedited consideration

    ``Sec. 1012.  (a) Expedited Consideration.--
            ``(1) In general.--The majority leader or minority leader 
        of each House or his designee shall (by request) introduce an 
        approval bill as defined in section 1017 not later than the 
        third day of session of that House after the date of receipt of 
        a special message transmitted to the Congress under section 
        1011(b). If the bill is not introduced as provided in the 
        preceding sentence in either House, then, on the fourth day of 
        session of that House after the date of receipt of the special 
        message, any Member of that House may introduce the bill.
            ``(2) Consideration in the house of representatives.--
                    ``(A) Referral and reporting.--Any committee of the 
                House of Representatives to which an approval bill is 
                referred shall report it to the House without amendment 
                not later than the seventh legislative day after the 
                date of its introduction. If a committee fails to 
                report the bill within that period or the House has 
                adopted a concurrent resolution providing for 
                adjournment sine die at the end of a Congress, such 
                committee shall be automatically discharged from 
                further consideration of the bill and it shall be 
                placed on the appropriate calendar.
                    ``(B) Proceeding to consideration.--After an 
                approval bill is reported by or discharged from 
                committee or the House has adopted a concurrent 
                resolution providing for adjournment sine die at the 
                end of a Congress, it shall be in order to move to 
                proceed to consider the approval bill in the House. 
                Such a motion shall be in order only at a time 
                designated by the Speaker in the legislative schedule 
                within two legislative days after the day on which the 
                proponent announces his intention to offer the motion. 
                Such a motion shall not be in order after the House has 
                disposed of a motion to proceed with respect to that 
                special message. The previous question shall be 
                considered as ordered on the motion to its adoption 
                without intervening motion. A motion to reconsider the 
                vote by which the motion is disposed of shall not be in 
                order.
                    ``(C) Consideration.--The approval bill shall be 
                considered as read. All points of order against an 
                approval bill and against its consideration are waived. 
                The previous question shall be considered as ordered on 
                an approval bill to its passage without intervening 
                motion except five hours of debate equally divided and 
                controlled by the proponent and an opponent and one 
                motion to limit debate on the bill. A motion to 
                reconsider the vote on passage of the bill shall not be 
                in order.
                    ``(D) Senate bill.--An approval bill received from 
                the Senate shall not be referred to committee.
            ``(3) Consideration in the senate.--
                    ``(A) Referral and reporting.--Any committee of the 
                Senate to which an approval bill is referred shall 
                report it to the Senate without amendment not later 
                than the seventh legislative day after the date of its 
                introduction. If a committee fails to report the bill 
                within that period or the Senate has adopted a 
                concurrent resolution providing for adjournment sine 
                die at the end of a Congress, such committee shall be 
                automatically discharged from further consideration of 
                the bill and it shall be placed on the appropriate 
                calendar.
                    ``(B) Motion to proceed to consideration.--After an 
                approval bill is reported by or discharged from 
                committee or the Senate has adopted a concurrent 
                resolution providing for adjournment sine die at the 
                end of a Congress, it shall be in order to move to 
                proceed to consider the approval bill in the Senate. A 
                motion to proceed to the consideration of a bill under 
                this subsection in the Senate shall not be debatable. 
                It shall not be in order to move to reconsider the vote 
                by which the motion to proceed is agreed to or 
                disagreed to.
                    ``(C) Limits on debate.--Debate in the Senate on a 
                bill under this subsection, and all debatable motions 
                and appeals in connection therewith (including debate 
                pursuant to subparagraph (D)), shall not exceed 10 
                hours, equally divided and controlled in the usual 
                form.
                    ``(D) Appeals.--Debate in the Senate on any 
                debatable motion or appeal in connection with a bill 
                under this subsection shall be limited to not more than 
                1 hour, to be equally divided and controlled in the 
                usual form.
                    ``(E) Motion to limit debate.--A motion in the 
                Senate to further limit debate on a bill under this 
                subsection is not debatable.
                    ``(F) Motion to recommit.--A motion to recommit a 
                bill under this subsection is not in order.
                    ``(G) Consideration of the house bill.--
                            ``(i) In general.--If the Senate has 
                        received the House companion bill to the bill 
                        introduced in the Senate prior to a vote under 
                        subparagraph (C), then the Senate may consider, 
                        and the vote under subparagraph (C) may occur 
                        on, the House companion bill.
                            ``(ii) Procedure after vote on senate 
                        bill.--If the Senate votes, pursuant to 
                        subparagraph (C), on the bill introduced in the 
                        Senate, then immediately following that vote, 
                        or upon receipt of the House companion bill, 
                        the House bill shall be deemed to be 
                        considered, read the third time, and the vote 
                        on passage of the Senate bill shall be 
                        considered to be the vote on the bill received 
                        from the House.
    ``(b) Amendments Prohibited.--No amendment to, or motion to strike 
a provision from, a bill considered under this section shall be in 
order in either the Senate or the House of Representatives.

                   ``presidential deferral authority

    ``Sec. 1013.  (a) Temporary Presidential Authority To Withhold 
Congressional Earmarks.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may direct that any congressional 
        earmark to be repealed in that special message shall not be 
        made available for obligation for a period of 45 calendar days 
        of continuous session of the Congress after the date on which 
        the President transmits the special message to the Congress.
            ``(2) Early availability.--The President shall make any 
        congressional earmark deferred pursuant to paragraph (1) 
        available at a time earlier than the time specified by the 
        President if the President determines that continuation of the 
        deferral would not further the purposes of this part.
    ``(b) Temporary Presidential Authority To Suspend a Limited Tariff 
Benefit.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may suspend the implementation of any 
        limited tariff benefit proposed to be canceled in that special 
        message for a period of 45 calendar days of continuous session 
        of the Congress after the date on which the President transmits 
        the special message to the Congress.
            ``(2) Early availability.--The President shall terminate 
        the suspension of any limited tariff benefit at a time earlier 
        than the time specified by the President if the President 
        determines that continuation of the suspension would not 
        further the purposes of this part.
    ``(c) Temporary Presidential Authority To Suspend a Targeted Tax 
Benefit.--
            ``(1) In general.--At the same time as the President 
        transmits to the Congress a special message pursuant to section 
        1011(b), the President may suspend the implementation of any 
        targeted tax benefit proposed to be repealed in that special 
        message for a period of 45 calendar days of continuous session 
        of the Congress after the date on which the President transmits 
        the special message to the Congress.
            ``(2) Early availability.--The President shall terminate 
        the suspension of any targeted tax benefit at a time earlier 
        than the time specified by the President if the President 
        determines that continuation of the suspension would not 
        further the purposes of this part.

               ``identification of targeted tax benefits

    ``Sec. 1014.  (a) Statement.--The chairman of the Committee on Ways 
and Means of the House of Representatives and the chairman of the 
Committee on Finance of the Senate acting jointly (hereafter in this 
subsection referred to as the `chairmen') shall review any revenue or 
reconciliation bill or joint resolution which includes any amendment to 
the Internal Revenue Code of 1986 that is being prepared for filing by 
a committee of conference of the two Houses, and shall identify whether 
such bill or joint resolution contains any targeted tax benefits. The 
chairmen shall provide to the committee of conference a statement 
identifying any such targeted tax benefits or declaring that the bill 
or joint resolution does not contain any targeted tax benefits. Any 
such statement shall be made available to any Member of Congress by the 
chairmen immediately upon request.
    ``(b) Statement Included in Legislation.--
            ``(1) In general.--Notwithstanding any other rule of the 
        House of Representatives or any rule or precedent of the 
        Senate, any revenue or reconciliation bill or joint resolution 
        which includes any amendment to the Internal Revenue Code of 
        1986 reported by a committee of conference of the two Houses 
        may include, as a separate section of such bill or joint 
        resolution, the information contained in the statement of the 
        chairmen, but only in the manner set forth in paragraph (2).
            ``(2) Applicability.--The separate section permitted under 
        subparagraph (A) shall read as follows: `Section 1021 of the 
        Congressional Budget and Impoundment Control Act of 1974 shall 
        ______ apply to ________.', with the blank spaces being filled 
        in with--
                    ``(A) in any case in which the chairmen identify 
                targeted tax benefits in the statement required under 
                subsection (a), the word `only' in the first blank 
                space and a list of all of the specific provisions of 
                the bill or joint resolution in the second blank space; 
                or
                    ``(B) in any case in which the chairmen declare 
                that there are no targeted tax benefits in the 
                statement required under subsection (a), the word `not' 
                in the first blank space and the phrase `any provision 
                of this Act' in the second blank space.
    ``(c) Identification in Revenue Estimate.--With respect to any 
revenue or reconciliation bill or joint resolution with respect to 
which the chairmen provide a statement under subsection (a), the Joint 
Committee on Taxation shall--
            ``(1) in the case of a statement described in subsection 
        (b)(2)(A), list the targeted tax benefits in any revenue 
        estimate prepared by the Joint Committee on Taxation for any 
        conference report which accompanies such bill or joint 
        resolution, or
            ``(2) in the case of a statement described in 13 subsection 
        (b)(2)(B), indicate in such revenue estimate that no provision 
        in such bill or joint resolution has been identified as a 
        targeted tax benefit.
    ``(d) President's Authority.--If any revenue or reconciliation bill 
or joint resolution is signed into law--
            ``(1) with a separate section described in subsection 
        (b)(2), then the President may use the authority granted in 
        this section only with respect to any targeted tax benefit in 
        that law, if any, identified in such separate section; or
            ``(2) without a separate section described in subsection 
        (b)(2), then the President may use the authority granted in 
        this section with respect to any targeted tax benefit in that 
        law.

                      ``treatment of cancellations

    ``Sec. 1015. The repeal of any congressional earmark or 
cancellation of any limited tariff benefit or targeted tax benefit 
shall take effect only upon enactment of the applicable approval bill. 
If an approval bill is not enacted into law before the end of the 
applicable period under section 1013, then all proposed repeals and 
cancellations contained in that bill shall be null and void and any 
such congressional earmark, limited tariff benefit, or targeted tax 
benefit shall be effective as of the original date provided in the law 
to which the proposed repeals or cancellations applied.

                    ``reports by comptroller general

    ``Sec. 1016. With respect to each special message under this part, 
the Comptroller General shall issue to the Congress a report 
determining whether any congressional earmark is not repealed or 
limited tariff benefit or targeted tax benefit continues to be 
suspended after the deferral authority set forth in section 1013 of the 
President has expired.

                             ``definitions

    ``Sec. 1017. As used in this part:
            ``(1) Appropriation law.--The term `appropriation law' 
        means an Act referred to in section 105 of title 1, United 
        States Code, including any general or special appropriation 
        Act, or any Act making supplemental, deficiency, or continuing 
        appropriations, that has been signed into law pursuant to 
        Article I, section 7, of the Constitution of the United States.
            ``(2) Approval bill.--The term `approval bill' means a bill 
        or joint resolution which only approves proposed repeals of 
        congressional earmarks or cancellations of limited tariff 
        benefits or targeted tax benefits in a special message 
        transmitted by the President under this part and--
                    ``(A) the title of which is as follows: `A bill 
                approving the proposed repeals and cancellations 
                transmitted by the President on ___', the blank space 
                being filled in with the date of transmission of the 
                relevant special message and the public law number to 
                which the message relates;
                    ``(B) which does not have a preamble;
                    ``(C) which provides only the following after the 
                enacting clause: `That the Congress approves of 
                proposed repeals and cancellations ___', the blank 
                space being filled in with a list of the repeals and 
                cancellations contained in the President's special 
                message, `as transmitted by the President in a special 
                message on ____', the blank space being filled in with 
                the appropriate date, `regarding ____.', the blank 
                space being filled in with the public law number to 
                which the special message relates;
                    ``(D) which only includes proposed repeals and 
                cancellations that are estimated by CBO to meet the 
                definition of congressional earmark or limited tariff 
                benefits, or that are identified as targeted tax 
                benefits pursuant to section 1014; and
                    ``(E) if no CBO estimate is available, then the 
                entire list of legislative provisions proposed by the 
                President is inserted in the second blank space in 
                subparagraph (C).
            ``(3) Calendar day.--The term `calendar day' means a 
        standard 24-hour period beginning at midnight.
            ``(4) Cancel or cancellation.--The terms `cancel' or 
        `cancellation' means to prevent--
                    ``(A) a limited tariff benefit from having legal 
                force or effect, and to make any necessary, conforming 
                statutory change to ensure that such limited tariff 
                benefit is not implemented; or
                    ``(B) a targeted tax benefit from having legal 
                force or effect, and to make any necessary, conforming 
                statutory change to ensure that such targeted tax 
                benefit is not implemented and that any budgetary 
                resources are appropriately canceled.
            ``(5) CBO.--The term `CBO' means the Director of the 
        Congressional Budget Office.
            ``(6) Congressional earmark.--The term `congressional 
        earmark' means a provision or report language included 
        primarily at the request of a Member, Delegate, Resident 
        Commissioner, or Senator providing, authorizing or recommending 
        a specific amount of discretionary budget authority, credit 
        authority, or other spending authority for a contract, loan, 
        loan guarantee, grant, loan authority, or other expenditure 
        with or to an entity, or targeted to a specific State, locality 
        or Congressional district, other than through a statutory or 
        administrative formula-driven or competitive award process.
            ``(7) Entity.--As used in paragraph (6), the term `entity' 
        includes a private business, State, territory or locality, or 
        Federal entity.
            ``(8) Limited tariff benefit.--The term `limited tariff 
        benefit' means any provision of law that modifies the 
        Harmonized Tariff Schedule of the United States in a manner 
        that benefits 10 or fewer entities (as defined in paragraph 
        (12)(B)).
            ``(9) OMB.--The term `OMB' means the Director of the Office 
        of Management and Budget.
            ``(10) Omnibus reconciliation or appropriation measure.--
        The term `omnibus reconciliation or appropriation measure' 
        means--
                    ``(A) in the case of a reconciliation bill, any 
                such bill that is reported to its House by the 
                Committee on the Budget; or
                    ``(B) in the case of an appropriation measure, any 
                such measure that provides appropriations for programs, 
                projects, or activities falling within 2 or more 
                section 302(b) suballocations.
            ``(11) Targeted tax benefit.--The term `targeted tax 
        benefit' means--
                    ``(A) any revenue provision that--
                            ``(i) provides a Federal tax deduction, 
                        credit, exclusion, or preference to a 
                        particular beneficiary or limited group of 
                        beneficiaries under the Internal Revenue Code 
                        of 1986; and
                            ``(ii) contains eligibility criteria that 
                        are not uniform in application with respect to 
                        potential beneficiaries of such provision; or
                    ``(B) any Federal tax provision which provides one 
                beneficiary temporary or permanent transition relief 
                from a change to the Internal Revenue Code of 1986.

                              ``expiration

    ``Sec. 1018. This title shall have no force or effect on or after 
December 31, 2014.''.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Exercise of Rulemaking Powers.--Section 904 of the 
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
            (1) in subsection (a), by striking ``1017'' and inserting 
        ``1012''; and
            (2) in subsection (d), by striking ``section 1017'' and 
        inserting ``section 1012''.
    (b) Analysis by Congressional Budget Office.--Section 402 of the 
Congressional Budget Act of 1974 is amended by inserting ``(a)'' after 
``402.'' and by adding at the end the following new subsection:
    ``(b) Upon the receipt of a special message under section 1011 
proposing to repeal any congressional earmark, the Director of the 
Congressional Budget Office shall prepare an estimate of the savings in 
budget authority or outlays resulting from such proposed repeal 
relative to the most recent levels calculated consistent with the 
methodology used to calculate a baseline under section 257 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 and included 
with a budget submission under section 1105(a) of title 31, United 
States Code, and transmit such estimate to the chairmen of the 
Committees on the Budget of the House of Representatives and Senate.''.
    (c) Clerical Amendments.--(1) Section 1(a) of the Congressional 
Budget and Impoundment Control Act of 1974 is amended by striking the 
last sentence.
    (2) Section 1022(c) of such Act (as redesignated) is amended is 
amended by striking ``rescinded or that is to be reserved'' and insert 
``canceled'' and by striking ``1012'' and inserting ``1011''.
    (3) Table of Contents.--The table of contents set forth in section 
1(b) of the Congressional Budget and Impoundment Control Act of 1974 is 
amended by deleting the contents for parts B and C of title X and 
inserting the following:

                  ``Part B--Legislative Line-Item Veto

``Sec. 1011. Line-item veto authority.
``Sec. 1012. Procedures for expedited consideration.
``Sec. 1013. Presidential deferral authority.
``Sec. 1014. Identification of targeted tax benefits.
``Sec. 1015. Treatment of cancellations.
``Sec. 1016. Reports by Comptroller General.
``Sec. 1017. Definitions.
``Sec. 1018. Expiration.
``Sec. 1019. Suits by Comptroller General.
``Sec. 1020. Proposed Deferrals of budget authority.''.
    (d) Effective Date.--The amendments made by this title shall take 
effect on the date of its enactment and apply only to any congressional 
earmark, limited tariff benefit, or targeted tax benefit provided in an 
title enacted on or after the date of enactment of this title.

SEC. 104. SENSE OF CONGRESS ON ABUSE OF PROPOSED REPEALS AND 
              CANCELLATIONS.

    It is the sense of Congress no President or any executive branch 
official should condition the inclusion or exclusion or threaten to 
condition the inclusion or exclusion of any proposed repeal or 
cancellation in any special message under this section upon any vote 
cast or to be cast by any Member of either House of Congress.

                        TITLE II--BUDGET REFORMS

                          Subtitle A--Earmarks

SEC. 211. EARMARKS PROHIBITED IN YEARS IN WHICH THERE IS A DEFICIT.

    (a) In General.--It shall not be in order in the Senate or the 
House of Representatives to consider a bill, joint resolution, or 
conference report containing a congressional earmark or an earmark 
attributable to the President for any fiscal year in which there is or 
will be a deficit as determined by CBO.
    (b) Congressional Earmark.--In this section, the term 
``congressional earmark'' means the following:
            (1) A congressionally directed spending item, as defined in 
        Rule XLIV of the Standing Rules of the Senate.
            (2) A congressional earmark for purposes of Rule XXI of the 
        House of Representatives.
    (c) Waiver and Appeal.--
            (1) Waiver.--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) Appeals.--Appeals in the Senate from the decisions of 
        the Chair relating to any provision of this section shall be 
        limited to 1 hour, to be equally divided between, and 
        controlled by, the appellant and the manager of the bill or 
        joint resolution, as the case may be. An affirmative vote of 
        three-fifths of the Members of the Senate, duly chosen and 
        sworn, shall be required to sustain an appeal of the ruling of 
        the Chair on a point of order raised under this section.

                 Subtitle B--Deficit Reduction Accounts

SEC. 221. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT.

    (a) Discretionary Deficit Reduction Account.--Title III of the 
Congressional Budget Act of 1974 (as amended by section 605) is further 
amended by adding at the end the following new section:

               ``discretionary deficit reduction account

    ``Sec. 316.  (a) Establishment of Account.--The chairman of the 
Committee on the Budget of the House of Representatives and of the 
Senate shall each maintain an account to be known as the `deficit 
reduction Discretionary Account'. The Account shall be divided into 
entries corresponding to the subcommittees of the Committee on 
Appropriations of that House and each entry shall consist of the 
`deficit reduction Balance'.
    ``(b) Components.--Each entry shall consist only of amounts 
credited to it under subsection (c). No entry of a negative amount 
shall be made.
    ``(c) Crediting of Amounts to Account.--
            ``(1) Whenever a Member or Senator, as the case may be, 
        offers an amendment to an appropriation bill to reduce new 
        budget authority in any account, that Member or Senator may 
        state the portion of such reduction that shall be credited to--
                    ``(A) the deficit reduction Balance;
                    ``(B) used to offset an increase in new budget 
                authority in any other account; or
                    ``(C) allowed to remain within the applicable 
                section 302(b) suballocation.
            ``(2) If no such statement is made, the amount of reduction 
        in new budget authority resulting from the amendment shall be 
        credited to the deficit reduction Balance, as applicable, if 
        the amendment is agreed to.
            ``(3) Except as provided by paragraph (4), the chairman of 
        the Committee on the Budget of the House of Representatives or 
        Senate, as applicable, shall, upon the engrossment of any 
        appropriation bill by the House of Representatives or Senate, 
        as applicable, credit to the applicable entry balances amounts 
        of new budget authority and outlays equal to the net amounts of 
        reductions in budget authority and in outlays resulting from 
        amendments agreed to by that House to that bill.
            ``(4) When computing the net amounts of reductions in new 
        budget authority and in outlays resulting from amendments 
        agreed to by the House of Representatives or Senate, as 
        applicable, to an appropriation bill, the chairman of the 
        Committee on the Budget of that House shall only count those 
        portions of such amendments agreed to that were so designated 
        by the Members offering such amendments as amounts to be 
        credited to the deficit reduction Balance, or that fall within 
        the last sentence of paragraph (1).
            ``(5) The chairman of the Committee on the Budget of the 
        House of Representatives and of the Senate shall each maintain 
        a running tally of the amendments adopted reflecting increases 
        and decreases of budget authority in the bill as reported to 
        its House. This tally shall be available to Members or Senators 
        during consideration of any bill by that House.
    ``(d) Calculation of Savings in Deficit Reduction Accounts in the 
House of Representatives and Senate.--
    ``(1) For the purposes of enforcing section 302(a), upon the 
engrossment of any appropriation bill by the House of Representatives 
or Senate, as applicable, the amount of budget authority and outlays 
calculated pursuant to subsection (c)(3) shall be counted against the 
302(a) allocation provided to the Committee on Appropriations as if the 
amount calculated pursuant to subsection (c)(3) was included in the 
bill just engrossed.
    ``(2) For purposes of enforcing section 302(b), upon the 
engrossment of any appropriation bill by the House of Representatives 
or Senate, as applicable, the 302(b) allocation provided to the 
subcommittee for the bill just engrossed shall be deemed to have been 
reduced by the amount of budget authority and outlays calculated, 
pursuant to subsection (c)(3).
    ``(e) Definition.--As used in this section, the term `appropriation 
bill' means any general or special appropriation bill, and any bill or 
joint resolution making supplemental, deficiency, or continuing 
appropriations through the end of fiscal year 2010 or any subsequent 
fiscal year, as the case may be.''.

SEC. 222. ESTABLISHMENT OF MANDATORY DEFICIT REDUCTION ACCOUNT.

    Title III of the Congressional Budget Act of 1974 (as amended by 
section 606) is further amended by adding at the end the following new 
section:

                 ``mandatory deficit reduction account

    ``Sec. 317.  (a) Establishment of Account.--The chairman of the 
Committee on the Budget of the House of Representatives and of the 
Senate shall each maintain an account to be known as the `deficit 
reduction Mandatory Account'. The Account shall be divided into entries 
corresponding to the House of Representatives or Senate committees, as 
applicable, that received allocations under section 302(a) in the most 
recently adopted joint resolution on the budget, except that it shall 
not include the Committee on Appropriations of that House and each 
entry shall consist of the `First Year deficit reduction Account' and 
the `Five Year deficit reduction Account' or the period covered by the 
resolution on the budget for that fiscal year, as applicable.
    ``(b) Components.--Each entry shall consist only of amounts 
credited to it under subsection (c). No entry of a negative amount 
shall be made.
    ``(c) Calculation of Account Savings in House and Senate.--For the 
purposes of enforcing section 302(a), upon the engrossment of any bill, 
other than an appropriation bill, by the House of Representatives or 
Senate, as applicable, the amount of budget authority and outlays 
calculated pursuant to subsection (c)(3) shall be counted against the 
302(a) allocation provided to the applicable committee or committees of 
that House which reported the bill as if the amount calculated pursuant 
to subsection (c)(3) was included in the bill just engrossed.
    ``(d) Crediting of Amounts to Account.--
            ``(1) Whenever a Member or Senator, as the case may be, 
        offers an amendment to a bill that reduces the amount of 
        mandatory budget authority provided either under current law or 
        proposed to be provided by the bill under consideration, that 
        Member or Senator may state the portion of such reduction 
        achieved in the first year covered by the most recently adopted 
        joint resolution on the budget and in addition the portion of 
        such reduction achieved in the first five years covered by the 
        most recently adopted joint resolution on the budget that shall 
        be credited to the First Year deficit reduction Balance and the 
        Five Year deficit reduction Balance, as applicable, if the 
        amendment is agreed to.
            ``(2) Except as provided by paragraph (3), the chairman of 
        the Committee on the Budget of the House of Representatives or 
        Senate, as applicable, shall, upon the engrossment of any bill, 
        other than an appropriation bill, by the House of 
        Representatives or Senate, as applicable, credit to the 
        applicable entry balances amounts of new budget authority and 
        outlays equal to the net amounts of reductions in budget 
        authority and in outlays resulting from amendments agreed to by 
        that House to that bill.
            ``(3) When computing the net amounts of reductions in 
        budget authority and in outlays resulting from amendments 
        agreed to by the House of Representatives or Senate, as 
        applicable, to a bill, the chairman of the Committee on the 
        Budget of that House shall only count those portions of such 
        amendments agreed to that were so designated by the Members or 
        Senators offering such amendments as amounts to be credited to 
        the First Year deficit reduction Balance and the Five Year 
        deficit reduction Balance, or that fall within the last 
        sentence of paragraph (1).
            ``(4) The chairman of the Committee on the Budget of the 
        House of Representatives and of the Senate shall each maintain 
        a running tally of the amendments adopted reflecting increases 
        and decreases of budget authority in the bill as reported to 
        its House. This tally shall be available to Members or Senators 
        during consideration of any bill by that House.
    ``(e) Definition.--As used in this section, the term `appropriation 
bill' means any general or special appropriation bill, and any bill or 
joint resolution making supplemental, deficiency, or continuing 
appropriations through the end of fiscal year 2009 or any subsequent 
fiscal year, as the case may be.''.

SEC. 223. CONFORMING AMENDMENT.

    The table of contents set forth in section 1(b) of the 
Congressional Budget and Impoundment Control Act of 1974 is amended by 
inserting after the item relating to section 315 the following new 
items:

``Sec. 316. Discretionary deficit reduction account.
``Sec. 317. Mandatory deficit reduction account.''.

          Subtitle C--Statutory Budget Limits and Enforcement

              PART I--SPENDING LIMITS AND DEFICIT CONTROL

SEC. 231. DISCRETIONARY SPENDING LIMITS.

    (a) Discretionary Spending Limits.--Section 251 of the Balanced 
Budget and Emergency Deficit Control of Act of 1985 is amended to read 
as follows:
    ``(a) Discretionary Spending Limits.--The total level of 
discretionary spending for all non-security discretionary spending 
programs, projects, and activities means, in any fiscal year in which 
there is a deficit through fiscal year 2020, an amount of discretionary 
spending outlays not exceeding the discretionary spending outlays for 
the preceding fiscal year as adjusted for inflation.
    ``(b) Sequence of Sequestration Reports.--Within 15 calendar days 
after Congress adjourns to end a session and on the same day as a 
spending reduction ordered under sections 252A and 253, but prior to 
any spending reduction required by sections 252A and 253, OMB shall 
issue a final spending reduction report to reduce an excess spending 
amount.
    ``(c) Spending Reduction Order.--A spending reduction ordered 
pursuant to subsection (b) shall be implemented using the procedures 
set forth in section 256.''.
    (b) Conforming Amendment.--The item relating to section 251 in the 
table of contents set forth in 250(c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended to read as follows:

``Sec. 251. Discretionary spending limits.''.

SEC. 232. TOTAL SPENDING LIMITS.

    (a) Total Spending Limits.--After section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985, add the following new 
section:

``SEC. 252A. TOTAL SPENDING LIMITS.

    ``(a) Projections.--
            ``(1) Spending projections.--For the current fiscal year 
        and each subsequent ten fiscal years:
                    ``(A) OMB shall prepare a report comparing 
                projected total spending under section 257 and the 
                total spending limits in subsection (d), and include 
                such report in the budget as submitted by the President 
                annually under section 1105(a) of title 31, United 
                States Code.
                    ``(B) CBO shall prepare a report comparing 
                projected total spending under section 257 and the 
                total spending limits in subsection (d) and include 
                such report in the CBO annual baseline and reestimate 
                of the President's budget.
            ``(2) Inclusion in spending reduction orders.--Reports 
        prepared pursuant to subsection (a) shall be included in the 
        spending reduction report set forth in subsection (b).
    ``(b) Spending Reduction Report.--Within 15 calendar days after 
Congress adjourns to end a session and on the same day as a spending 
reduction ordered under sections 251, 252A, and 253, but after any 
spending reduction required by sections 251 and 252A, but before 
section 253, OMB shall issue a spending reduction report to reduce an 
excess spending amount (if any remains).
    ``(c) Spending Reduction Order.--A spending reduction ordered 
pursuant to subsection (b) shall be implemented using the procedures 
set forth in section 256.
    ``(d) Total Spending Limits.--
            ``(1) fiscal year 2010: 25 percent;
            ``(2) fiscal year 2011: 24 percent;
            ``(3) fiscal year 2012: 22 percent;
            ``(4) fiscal year 2013: 22 percent;
            ``(5) fiscal year 2014: 22 percent;
            ``(6) fiscal year 2015: 21 percent;
            ``(7) fiscal year 2016: 21 percent;
            ``(8) fiscal year 2017: 20 percent;
            ``(9) fiscal year 2018: 20 percent;
            ``(10) fiscal year 2019: 19 percent; and
            ``(11) fiscal year 2020 and each year thereafter: 18 
        percent;
of the projected GDP for the budget year.
    ``(e) Temporary Adjustment Authority.--OMB shall make adjustments 
to the total spending limits set forth in subsection (d)(6) and the 
years thereafter equal to the percentage level of--
            ``(1) the average per capita benefit for OASDI and Medicare 
        eligible retirees born during the period of fiscal years 1946 
        through 1964 receiving benefits under the OASDI and Medicare 
        programs in fiscal year 2014;
            ``(2) multiplied by the increase in the number of such 
        beneficiaries in the applicable fiscal year from the number of 
        such beneficiaries in fiscal year 2014;
            ``(3) adjusted for--
                    ``(A) the blend of the Consumer Price Index and the 
                Medical Economic Index for Medicare programs; and
                    ``(B) the Consumer Price Index for OASDI programs; 
                and
            ``(4) as a percentage of the gross domestic product of the 
        applicable fiscal year.
OMB may modify the adjustments required by this subsection in order 
that the spending limits accommodate the OASDI and Medicare benefits of 
individuals who were born during the period of fiscal years 1946 
through 1964.
    ``(f) Additional Temporary Adjustment Authority.--OMB shall make 
further adjustments to the total spending limits for any fiscal year 
set forth in subsection (d) to ensure that any individual who is at 
least 55 years of age on January 1 of the calendar year in which this 
subsection is enacted shall receive full benefits under the OASDI and 
Medicare programs.''.
    (b) Definitions.--Section 3 of such Act (2 U.S.C. 622) is further 
amended by adding at the end the following new paragraph:
            ``(14) The term `total spending' means all outlays of the 
        Federal Government including those from off-budget entities and 
        budget authority and outlays flowing therefrom, as applicable, 
        designated as emergencies.''.
    (c) Conforming Amendment.--The table of contents set forth in 
250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 
is amended by inserting after the item relating to section 252A the 
following new item:

``Sec. 252A. Total spending limits.''.

SEC. 233. DEFICIT LIMITS.

    (a) Amend section 253 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 to read as follows:

``SEC. 253. DEFICIT LIMITS.

    ``(a) Deficit Projections.--
            ``(1) Deficit amounts.--For the current fiscal year and 
        each subsequent ten fiscal years:
                    ``(A) OMB shall prepare a report comparing 
                projected total deficits and the Deficit Limits in 
                subsection (d), and include such report in the budget 
                as submitted by the President annually under section 
                1105(a) of title 31, United States Code.
                    ``(B) CBO shall prepare a report comparing 
                projected deficits amounts and the Deficit Limits in 
                subsection (d) and include such report in the CBO 
                annual baseline and reestimate of the President's 
                budget.
            ``(2) Inclusion in spending reduction orders.--Reports 
        prepared pursuant to subsection (a) shall be included in the 
        spending reduction report set forth in subsection (c).
    ``(b) Deficit Reduction Report.--Within 15 calendar days after 
Congress adjourns to end a session and on the same day as a spending 
reduction ordered under sections 251 and 252A, but after any spending 
reduction required by section 251, OMB shall issue a spending reduction 
report to reduce an excess spending amount (if any remains).
    ``(c) Deficit Reduction Order.--A spending reduction ordered 
pursuant to subsection (b) shall be implemented using the procedures 
set forth in section 256.
    ``(d) Deficit Limits.--In this section, the term `Deficit Limit' 
means an amount that equals with respect to--
            ``(1) fiscal year 2011: 6.9 percent;
            ``(2) fiscal year 2012: 4.8 percent;
            ``(3) fiscal year 2013: 4.5 percent;
            ``(4) fiscal year 2014: 3.8 percent;
            ``(5) fiscal year 2015: 3.0 percent;
            ``(6) fiscal year 2016: 2.7 percent;
            ``(7) fiscal year 2017: 2.3 percent;
            ``(8) fiscal year 2018: 2.0 percent;
            ``(9) fiscal year 2019: 1.3 percent; and
            ``(10) fiscal year 2020 and each fiscal year thereafter 0.0 
        percent;
of the projected GDP for the budget year.''.
    (b) Conforming Amendment.--The item relating to section 253 in the 
table of contents set forth in section 250(c) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 is amended to read as 
follows:

``Sec. 253. Deficit limits.''.

                      PART II--REPORTS AND ORDERS

SEC. 241. REPORTS AND ORDERS.

    Section 254 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended to read as follows:

``SEC. 254. REPORTS AND ORDERS.

    ``(a) Timetable.--


``Date:                                   Action to be completed:
5 days before the President's budget      CBO sequestration preview report.
 submission.
President's budget submission...........  OMB sequestration preview report.
August 10...............................  CBO sequestration update report.
August 20...............................  OMB sequestration update report.
10 days after end of session............  CBO sequestration final report.
15 days after end of session............  OMB sequestration final report; Presidential order.
 

    ``(b) Submission and Availability of Reports.--Each report required 
by this section shall be submitted to the Budget Committees of the 
House of Representatives and the Senate. On the following day a notice 
of the report shall be printed in the Federal Register.
    ``(c) Sequestration Preview Reports.--
            ``(1) Reporting requirement.--On the dates specified in 
        subsection (a), OMB and CBO shall issue a preview report 
        regarding discretionary, pay-as-you-go, and deficit 
        sequestration based on laws enacted through those dates.
            ``(2) Discretionary spending limit sequestration report.--
        The preview reports shall set forth estimates for the current 
        year and each subsequent year through 2019 of the applicable 
        discretionary spending limits and an explanation of any 
        adjustments in such limits under section 251.
            ``(3) Total spending limit sequestration report.--The 
        preview reports shall set forth for the budget year estimates 
        for each of the following:
                    ``(A) The total spending limit and the estimated 
                total spending amount calculated under section 252A, 
                and the excess deficit.
                    ``(B) The amount of reductions required under 
                sections 251 and 252A, the excess total spending amount 
                remaining after those reductions have been made.
                    ``(C) The sequestration percentage necessary to 
                achieve the required reduction in any fiscal year for 
                which a Deficit Limit is set forth pursuant to this 
                Act.
            ``(4) Deficit limit sequestration report.--The preview 
        reports shall set forth for the budget year estimates for each 
        of the following:
                    ``(A) The maximum deficit amount, the estimated 
                deficit calculated under section 253(b), the excess 
                deficit;
                    ``(B) The amount of reductions required under 
                sections 251 and 252A, the excess deficit remaining 
                after those reductions have been made; and
                    ``(C) The sequestration percentage necessary to 
                achieve the required reduction in any fiscal year for 
                which a Deficit Limit is set forth pursuant to this 
                Act.
            ``(5) Explanation of differences.--The OMB reports shall 
        explain the differences between OMB and CBO estimates for each 
        item set forth in this subsection.
    ``(d) Sequestration Update Reports.--On the dates specified in 
subsection (a), OMB and CBO shall issue a sequestration update report, 
reflecting laws enacted through those dates, containing all of the 
information required in the sequestration preview reports.
    ``(e) Final Sequestration Reports.--
            ``(1) Reporting requirement.--On the dates specified in 
        subsection (a), OMB and CBO shall issue a final sequestration 
        report, updated to reflect laws enacted through those dates.
            ``(2) Discretionary spending sequestration reports.--The 
        final reports shall set forth estimates for each of the 
        following:
                    ``(A) For the current year and each subsequent year 
                the applicable discretionary spending limits for each 
                category and an explanation of any adjustments in such 
                limits under section 251.
                    ``(B) For the current year and the budget year the 
                estimated new budget authority and outlays for each 
                category and the breach, if any, in each category.
                    ``(C) For each category for which a sequestration 
                is required, the sequestration percentages necessary to 
                achieve the required reduction.
                    ``(D) For the budget year, for each account to be 
                sequestered, estimates of the baseline level of 
                budgetary resources subject to sequestration and 
                resulting outlays and the amount of budgetary resources 
                to be sequestered and resulting outlay reductions.
            ``(3) Total spending and deficit limit sequestration 
        reports.--The final reports shall contain all the information 
        required in the total spending and deficit limit sequestration 
        preview reports. In addition, these reports shall contain, for 
        the budget year, for each account to be sequestered, estimates 
        of the baseline level of sequestrable budgetary resources and 
        resulting outlays and the amount of budgetary resources to be 
        sequestered and resulting outlay reductions. The reports shall 
        also contain estimates of the effects on outlays of the 
        sequestration in each outyear for direct spending programs.
            ``(4) Explanation of differences.--The OMB report shall 
        explain any differences between OMB and CBO estimates of any 
        excess deficit, any breach, and any required sequestration 
        percentage. The OMB report shall also explain differences in 
        the amount of sequesterable resources for any budget account to 
        be reduced if such difference is greater than $5,000,000.
            ``(5) Presidential order.--On the date specified in 
        subsection (a), if in its final sequestration report OMB 
        estimates that any sequestration is required, the President 
        shall issue an order fully implementing without change all 
        sequestrations required by the OMB calculations set forth in 
        that report. This order shall be effective on issuance.
    ``(f) Within-Session Sequestration Reports.--If an appropriation 
for a fiscal year in progress is enacted (after Congress adjourns to 
end the session for that budget year and before July 1 of that fiscal 
year) that causes a breach, 10 days later CBO shall issue a report 
containing the information required in subsection (e)(2). Fifteen days 
after enactment, OMB shall issue a report containing the information 
required in subsections (e)(2) and (e)(4). On the same day as the OMB 
report, the President shall issue an order fully implementing without 
change all sequestrations required by the OMB calculations set forth in 
that report. This order shall be effective on issuance.
    ``(g) GAO Compliance Report.--Upon request of the Committee on the 
Budget of the House of Representatives or the Senate, the Comptroller 
General shall submit to the Congress and the President a report on--
            ``(1) the extent to which each order issued by the 
        President under this section complies with all of the 
        requirements contained in this part, either certifying that the 
        order fully and accurately complies with such requirements or 
        indicating the respects in which it does not; and
            ``(2) the extent to which each report issued by OMB or CBO 
        under this section complies with all of the requirements 
        contained in this part, either certifying that the report fully 
        and accurately complies with such requirements or indicating 
        the respects in which it does not.
    ``(h) Low-Growth Report.--At any time, CBO shall notify the 
Congress if--
            ``(1) during the period consisting of the quarter during 
        which such notification is given, the quarter preceding such 
        notification, and the 4 quarters following such notification, 
        CBO or OMB has determined that real economic growth is 
        projected or estimated to be less than zero with respect to 
        each of any 2 consecutive quarters within such period; or
            ``(2) the most recent of the Department of Commerce's 
        advance preliminary or final reports of actual real economic 
        growth indicate that the rate of real economic growth for each 
        of the most recently reported quarter and the immediately 
        preceding quarter is less than one percent.
    ``(i) Economic and Technical Assumptions.--In all reports required 
by this section, OMB shall use the same economic and technical 
assumptions as used in the most recent budget submitted by the 
President under section 1105(a) of title 31, United States Code.''.

SEC. 242. SPENDING AND DEFICIT LIMITS ENFORCEMENT.

    (a) Conforming Amendments to Section 312.--Section 312 of the 
Congressional Budget Act of 1974 is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Budget Committee Determinations.--For purposes of this title, 
the levels of new budget authority, outlays, direct spending, deficits, 
revenues, and debt, or the increases or decreases of such levels for 
purpose of section 303, shall be determined on the basis of estimates 
made by the Committee on the Budget of the House of Representatives or 
the Senate, as applicable.''.
            (2) by striking subsections (b) and (c) and redesignating 
        subsections (d), (e), and (f) as (h), (i), and (j).
    (b) Enforcement Amendments to Section 312.--Section 312 of the 
Congressional Budget Act of 1974 is further amended by adding at the 
end the following new subsections after subsection (a):
    ``(b) Discretionary Spending Limit Point of Order.--It shall not be 
in order in the House of Representatives or the Senate to consider any 
bill, joint resolution, amendment, concurrent resolution, or conference 
report that--
            ``(1) causes the discretionary spending limits for the 
        budget year to be breached;
            ``(2) increases the discretionary spending limits for the 
        budget year or any ensuing fiscal year; or
            ``(3) includes any provision that has the effect of 
        modifying the application of section 251 of the Balanced Budget 
        and Emergency Deficit Control Act of 1985.
    ``(c) Total Spending Limit Point of Order.--It shall not be in 
order in the House of Representatives or the Senate to consider any 
bill, joint resolution, concurrent resolution, amendment, or conference 
report that--
            ``(1) causes the total spending limits for the budget year, 
        as a percentage of gross domestic product, to be breached; or
            ``(2) increases outlays above the total spending limits, as 
        a percentage of gross domestic product, for the budget year or 
        any ensuing fiscal year after the budget year.
    ``(d) Deficit Limit Point of Order.--It shall not be in order in 
the House of Representatives or the Senate to consider any bill, joint 
resolution, amendment, concurrent resolution, or conference report 
that--
            ``(1) causes the Deficit Limits for the budget year, as a 
        percentage of gross domestic product, to be breached; or
            ``(2) increases the amount of deficit, as a percentage of 
        gross domestic product, for the budget year or any ensuing 
        fiscal year.
    ``(e) Sequestration Application.--It shall not be in order in the 
House of Representatives or the Senate to consider any bill, joint 
resolution, amendment, concurrent resolution, or conference report 
that--
            ``(1) includes any provision that has the effect of 
        modifying the application of section 256 of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 to any program 
        subject to sequestration or exempt from sequestration; and
            ``(2) includes any provision that has the effect of 
        modifying the application of section 251, 252A, or 253 to any 
        program subject to sequestration or exempt from sequestration.
    ``(f) Waiver or Suspension.--The provisions of this section may be 
waived or suspended:
            ``(1) In the senate.--In the Senate only by the affirmative 
        vote of three-fifths of the Members, duly chosen and sworn.
            ``(2) In the house of representatives.--In the House of 
        Representatives:
                    ``(A) Only by a rule or order proposing only to 
                waive such provisions by an affirmative vote of two-
                thirds of the Members, duly chosen and sworn.
                    ``(B) It shall not be in order to consider a rule 
                or order that waives the application of subparagraph 
                (A).
                    ``(C) It shall not be in order for the Speaker to 
                entertain a motion to suspend the application of this 
                section under clause 1 of rule XV of the Rules of the 
                House of Representatives.''.

SEC. 243. SPENDING REDUCTION ORDERS.

    (a) In General.--Section 256 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended to read as follows:

``SEC. 256. SPENDING REDUCTION ORDER.

    ``(a) Application.--A spending reduction order issued pursuant to 
this part shall apply to eliminate breaches of the limits set forth in 
sections 251 (discretionary spending limits), 252A (total spending 
limits), and 253 (Deficit limits).
    ``(b) Waiver or Suspension.--(1) In the Senate, the provisions of 
this section may be waived or suspended in the Senate only by the 
affirmative vote of two-thirds of the Members, duly chosen and sworn.
    ``(2) In the House--
            ``(A) 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 two-thirds of the Members, duly chosen and sworn.
            ``(B) It shall not be in order to consider a rule or order 
        that waives the application of paragraph (1).
            ``(C) It shall not be in order for the Speaker to entertain 
        a motion to suspend the application of this section under 
        clause 1 of rule XV of the Rules of the House of 
        Representatives.
    ``(c) General Rules.--
            ``(1) Calculation of spending reduction percentage.--OMB 
        shall include in its final spending sequestration report a 
        requirement that each nonexempt spending account shall be 
        reduced by an amount of budget authority calculated by 
        multiplying the baseline level of budgetary resources in that 
        account at that time by the uniform percentage necessary to 
        reduce outlays sufficient to eliminate an excess spending 
        amount.
            ``(2) Exemptions.--The following shall be exempt from 
        reduction under any order issued under this part:
                    ``(A) Payments for net interest.
                    ``(B) Benefits payable under the old-age, 
                survivors, and disability insurance program established 
                under title II of the Social Security Act if--
                            ``(i) OASDI Trust Funds are actuarially 
                        solvent in the 75-year period utilized in the 
                        most recent annual report of the Board of 
                        Trustees provided pursuant to section 201(C)(2) 
                        of the Social Security Act; and
                            ``(ii) OASDI Trust Funds have not run a 
                        cash deficit in the fiscal year prior to the 
                        transmittal of the most recent Sequestration 
                        Preview Report.
                    ``(C) Benefits provided to veterans defined as 
                direct spending payable by the Department of Veterans 
                affairs.
                    ``(D) Obligated balances of budget authority 
                carried over from prior fiscal years.
                    ``(E) Any obligations of the Federal Government 
                required to be paid under the United States 
                Constitution or legally contractual obligations.
                    ``(F) Provisions of spending legislation designated 
                by the President, and so designated in statute, as an 
                emergency, except an amount of budget authority and the 
                outlays flowing therefrom so designated that is above 
                the emergency reserve fund as calculated in section 
                317(b) of the Congressional Budget Act of 1974 shall 
                not be exempt.
                    ``(G) Any program whose growth in the budget year 
                is equal to or less than the consumer price index.
                    ``(H) Intergovernmental transfers.
            ``(3) One-percent reduction limitation.--No program shall 
        be subject to a spending reduction of more than one percent of 
        its budgetary resources.
            ``(4) Calculation of spending reduction.--The percentage 
        required to produce a spending reduction, as ordered by a 
        spending reduction order, shall be calculated by OMB by adding 
        all budgetary resources of the Government, and reducing that 
        amount by an amount sufficient to reduce the total amount of 
        outlays of the Government to equal, or lower, a level of 
        outlays than the amount set forth in the guideline period.
            ``(5) Application.--Once issued, a spending reduction shall 
        be applied to nonexempt programs as follows:
                    ``(A) Budgetary resources subject to a spending 
                reduction to any discretionary account shall be 
                permanently canceled.
                    ``(B) The same percentage spending reduction shall 
                apply to all programs, projects, and activities within 
                a budget account (with programs, projects, and 
                activities as delineated in the appropriation Act or 
                accompanying report for the relevant fiscal year 
                covering that account, or for accounts not included in 
                appropriation Acts, as delineated in the most recently 
                submitted President's budget).
                    ``(C) Administrative regulations implementing a 
                spending reduction shall be made within 120 days of the 
                issue of a spending reduction order.
            ``(6) OASDI special procedures.--If the OASDI Trust Funds 
        are subject to sequestration, then payments from such Trust 
        Funds shall be treated the same as other programs, except--
                    ``(A) reductions from such Trust Funds shall not 
                exceed one percent of the 75-year unfunded liability 
                set forth in the most current Social Security Trustees 
                Report;
                    ``(B) reduction in individual benefits shall be 
                implemented by increasing the Normal Retirement Age 
                (NRA) by an amount certified by the Social Security 
                Office of the Chief Actuary;
                    ``(C) the increase in the NRA shall not be applied 
                to any beneficiary born in a year 55 years or before--
                            ``(i) the year of the enactment of the 
                        Spending, Deficit, and Debt Control Act of 
                        2009; or
                            ``(ii) the year in which the final spending 
                        sequestration report is issued; and
                    ``(D) no change in the NRA shall be made before it 
                is fully phased-in under the Social Security Act as in 
                effect before the date of enactment of the Spending, 
                Deficit, and Debt Control Act of 2009.
    ``(d) Discretionary Spending Sequestration.--
            ``(1) Eliminating a breach.--Each nonexempt account shall 
        be reduced by an amount of budget authority calculated by 
        multiplying the baseline level of budgetary resources subject 
        to sequestration in that account at that time by the uniform 
        percentage necessary to eliminate a breach by--
                    ``(A) first, calculating the uniform percentage 
                necessary to eliminate a breach in new budget 
                authority, if any, and
                    ``(B) second, if any breach in outlays remains, 
                increasing the uniform percentage to a level sufficient 
                to eliminate that breach.
            ``(2) Emergency spending above the reserve fund.--An amount 
        of budget authority and the outlays flowing therefrom 
        designated in statute as an emergency that is above level in 
        the emergency reserve fund as calculated in Section 317(b) of 
        the Congressional Budget Act of 1974 shall count toward the 
        discretionary spending limits.
            ``(3) Part-year appropriations.--If, on the date specified 
        in paragraph (1), there is in effect an Act making or 
        continuing appropriations for part of a fiscal year for any 
        budget account, then the dollar sequestration calculated for 
        that account under paragraph (2) shall be subtracted from--(A) 
        the annualized amount otherwise available by law in that 
        account under that or a subsequent part-year appropriation; and 
        (B) when a full-year appropriation for that account is enacted, 
        from the amount otherwise provided by the full year 
        appropriation.
            ``(4) Look-back.--If, after June 30, an appropriation for 
        the fiscal year in progress is enacted that causes a breach for 
        that year, the discretionary spending limits for the next 
        fiscal year shall be reduced by the amount of the breach.
            ``(5) Within-session sequestration.--If an appropriation 
        for a fiscal year in progress is enacted (after Congress 
        adjourns to end the session for that budget year and before 
        July 1 of that fiscal year) that causes a breach for that year 
        (after taking into account any prior sequestration of amounts), 
        15 days later there shall be a sequestration to eliminate that 
        breach following the procedures set forth in paragraphs (2) 
        through (3).
            ``(6) Estimates.--
                    ``(A) CBO estimates.--As soon as practicable after 
                Congress completes action on any discretionary 
                appropriation, CBO, after consultation with the 
                Committees on the Budget of the House of 
                Representatives and the Senate, shall provide OMB with 
                an estimate of the amount of discretionary new budget 
                authority and outlays for the current year (if any) and 
                the budget year provided by that legislation.
                    ``(B) OMB estimates.--Not later than seven calendar 
                days (excluding Saturdays, Sundays, and legal holidays) 
                after the date of enactment of any discretionary 
                appropriation, OMB shall transmit a report to the House 
                of Representatives and to the Senate containing the CBO 
                estimate of that legislation, an OMB estimate of the 
                amount of discretionary new budget authority and 
                outlays for the current year (if any) and the budget 
                year provided by that legislation, and an explanation 
                of any difference between the two estimates.
                    ``(C) Explanation of differences between omb and 
                omb estimates.--If OMB determines that there is a 
                significant difference between OMB and CBO reports 
                prepared pursuant to subparagraph (A) and (B), OMB 
                shall consult with the Committees on the Budget of the 
                House of Representatives and the Senate regarding that 
                difference and that consultation shall include, to 
                extent practicable, written communication to those 
                committees that affords such committees the opportunity 
                to comment before the issuance of the report.
                    ``(D) Assumptions and guidelines.--OMB estimates 
                under this paragraph shall be made using current 
                economic and technical assumptions. OMB shall use the 
                OMB estimates transmitted to the Congress under this 
                paragraph. OMB and CBO shall prepare estimates under 
                this paragraph in conformance with scorekeeping 
                guidelines determined after consultation among the 
                House of Representatives and Senate Committees on the 
                Budget, CBO, and OMB.
                    ``(E) Annual appropriations.--For purposes of this 
                paragraph, amounts provided by annual appropriations 
                shall include any new budget authority and outlays for 
                the current year (if any) and the budget year in 
                accounts for which funding is provided in that 
                legislation that result from previously enacted 
                legislation.
            ``(7) Discretionary sequestration limitation.--If 
        appropriations for a fiscal year do not require a sequester 
        pursuant to the discretionary spending limits set forth in this 
        Act, discretionary accounts shall not be subject to 
        sequestration under section 252A or 253.''.
    (b) Low-Growth Amendment.--Amend section 258(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 to read as follows:
    ``(b) Suspension of Sequestration Procedures.--Upon the enactment 
of a declaration of war or a joint resolution described in subsection 
(a)--
            ``(1) the subsequent issuance of any sequestration report 
        to enforce the spending limits in section 252A or the Deficit 
        Limits in section 253 order is precluded;
            ``(2) sections 302(f), 310(d), 311(a), of the Congressional 
        Budget Act of 1974 are suspended; and
            ``(3) section 1103 of title 31, United States Code, is 
        suspended.''.
    (c) Technical and Conforming Amendments.--(1) Repeals.--Section 255 
of the Balanced Budget and Emergency Deficit Control Act of 1985 is 
repealed.
    (2) Conforming Amendment.--The item relating to section 256 in the 
table of contents set forth in section 250(a) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 is amended to read as 
follows:

``Sec. 256. Spending reduction order.''.

             Subtitle D--Prevention of Government Shutdown

SEC. 251. AMENDMENT TO TITLE 31.

    (a) In General.--Chapter 13 of title 31, United States Code, is 
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
    ``(a)(1) If any regular appropriation bill for a fiscal year (or, 
if applicable, for each fiscal year in a biennium) does not become law 
before the beginning of such fiscal year or a joint resolution making 
continuing appropriations is not in effect, there are appropriated, out 
of any money in the Treasury not otherwise appropriated, and out of 
applicable corporate or other revenues, receipts, and funds, excluding 
any budget authority designated as an emergency or temporary funding 
for projects or activities that are not part of ongoing operations, to 
such sums as may be necessary to continue any project or activity for 
which funds were provided in the preceding fiscal year--
            ``(A) in the corresponding regular appropriation Act for 
        such preceding fiscal year; or
            ``(B) if the corresponding regular appropriation bill for 
        such preceding fiscal year did not become law, then in a joint 
        resolution making continuing appropriations for such preceding 
        fiscal year.
    ``(2) Appropriations and funds made available, and authority 
granted, for a project or activity for any fiscal year pursuant to this 
section shall be at a rate of operations not in excess of the lower 
of--
            ``(A) the rate of operations provided for in the regular 
        appropriation Act providing for such project or activity for 
        the preceding fiscal year;
            ``(B) in the absence of such an Act, the rate of operations 
        provided for such project or activity pursuant to a joint 
        resolution making continuing appropriations for such preceding 
        fiscal year;
            ``(C) the rate of operations provided for in the regular 
        appropriation bill as passed by the House of Representatives or 
        the Senate for the fiscal year in question, except that the 
        lower of these two versions shall be ignored for any project or 
        activity for which there is a budget request if no funding is 
        provided for that project or activity in either version; or
            ``(D) the annualized rate of operations provided for in the 
        most recently enacted joint resolution making continuing 
        appropriations for part of that fiscal year or any funding 
        levels established under the provisions of this Act.
    ``(3) Appropriations and funds made available, and authority 
granted, for any fiscal year pursuant to this section for a project or 
activity shall be available for the period beginning with the first day 
of a lapse in appropriations and ending with the earlier of--
            ``(A) the date on which the applicable regular 
        appropriation bill for such fiscal year becomes law (whether or 
        not such law provides for such project or activity) or a 
        continuing resolution making appropriations becomes law, as the 
        case may be; or
            ``(B) the last day of such fiscal year.
    ``(b) An appropriation or funds made available, or authority 
granted, for a project or activity for any fiscal year pursuant to this 
section shall be subject to the terms and conditions imposed with 
respect to the appropriation made or funds made available for the 
preceding fiscal year, or authority granted for such project or 
activity under current law.
    ``(c) Appropriations and funds made available, and authority 
granted, for any project or activity for any fiscal year pursuant to 
this section shall cover all obligations or expenditures incurred for 
such project or activity during the portion of such fiscal year for 
which this section applies to such project or activity.
    ``(d) Expenditures made for a project or activity for any fiscal 
year pursuant to this section shall be charged to the applicable 
appropriation, fund, or authorization whenever a regular appropriation 
bill or a joint resolution making continuing appropriations until the 
end of a fiscal year providing for such project or activity for such 
period becomes law.
    ``(e) This section shall not apply to a project or activity during 
a fiscal year if any other provision of law (other than an 
authorization of appropriations)--
            ``(1) makes an appropriation, makes funds available, or 
        grants authority for such project or activity to continue for 
        such period; or
            ``(2) specifically provides that no appropriation shall be 
        made, no funds shall be made available, or no authority shall 
        be granted for such project or activity to continue for such 
        period.
    ``(f) For purposes of this section, the term `regular appropriation 
bill' means any annual appropriation bill making appropriations, 
otherwise making funds available, or granting authority, for any of the 
following categories of projects and activities:
            ``(1) Agriculture, rural development, Food and Drug 
        Administration, and related agencies programs.
            ``(2) The Department of Defense.
            ``(3) Energy and water development, and related agencies.
            ``(4) State, foreign operations, and related programs.
            ``(5) The Department of Homeland Security.
            ``(6) The Department of the Interior, Environmental 
        Protection Agency, and related agencies.
            ``(7) The Departments of Labor, Health and Human Services, 
        and Education, and related agencies.
            ``(8) Military construction, veterans affairs, and related 
        agencies.
            ``(9) Science, the Departments of State, Justice, and 
        Commerce, and related agencies.
            ``(10) The Departments of Transportation, Housing and Urban 
        Development, and related agencies.
            ``(11) The Legislative Branch.
            ``(12) Financial services and general government.''.
    (b) Clerical Amendment.--The analysis of chapter 13 of title 31, 
United States Code, is amended by inserting after the item relating to 
section 1310 the following new item:

``1311. Continuing appropriations.''.
    (c) Effective Date.--The amendment made by this section shall apply 
to fiscal year 2011.

                  Subtitle E--Joint Budget Resolution

SEC. 271. PURPOSES.

    Paragraphs (1) and (2) of section 2 of the Congressional Budget and 
Impoundment Control Act of 1974 are amended to read as follows:
            ``(1) to assure effective control over the budgetary 
        process; and
            ``(2) to facilitate the determination each year of the 
        appropriate level of Federal revenues and expenditures by the 
        Congress and the President;''.

SEC. 272. TIMETABLE.

    Section 300 of the Congressional Budget Act of 1974 is amended to 
read as follows:

                              ``timetable

    ``Sec. 300. The timetable with respect to the Congressional budget 
process for any fiscal year is as follows:


                                                 ``First Session
On or before:                             Action to be completed:
First Monday in February................  President submits his budget.
February 15.............................  Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President    Committees submit views and estimates to Budget Committees.
 submits budget.
April 1.................................  Budget Committees report joint resolution on the budget.
 April 15...............................  Congress completes action on joint resolution on the budget.
June 10.................................  House Appropriations Committee reports last annual appropriation bill.
June 15.................................  Congress completes action on reconciliation legislation.
June 30.................................  House completes action on annual appropriation bills.
October 1...............................  Fiscal year begins.''.
 

SEC. 273. JOINT RESOLUTION ON THE BUDGET.

    (a) Content of Joint Resolutions on the Budget.--Section 301(a)(4) 
of the Congressional Budget Act of 1974 is amended to read as follows:
            ``(4) subtotals of new budget authority and outlays for 
        nondefense discretionary spending, defense discretionary 
        spending, Medicare, Medicaid, other direct spending (excluding 
        interest), and interest; and for emergencies (for the reserve 
        fund in section 317(b) and for military operations in section 
        317(C));''.
    (b) Additional Matters in Joint Resolution.--Section 301(b) of the 
Congressional Budget Act of 1974 is amended as follows:
            (1) Strike paragraphs (1), and (6) through (9).
            (2) Redesignate paragraphs (2), (3), (4), and (5) 
        accordingly.
            (3) Amend paragraph (3), as redesignated, to read as 
        follows:
            ``(3) set forth such other matters, and require such other 
        procedures, relating to the budget as may be appropriate to 
        carry out the purposes of the Act, but shall not include a 
        suspension or alteration of the application of the motion to 
        strike a provision as set forth in section 310(d)(2) or 
        (h)(2)(F).''.
    (c) Required Contents of Report.--Section 301(e)(2) of the 
Congressional Budget Act of 1974 is amended as follows:
            (1) Redesignate subparagraphs (A), (B), (C), (D), (E), and 
        (F) as subparagraphs (B), (C), (E), (F), (H), and (I), 
        respectively.
            (2) Before subparagraph (B) (as redesignated), insert the 
        following new subparagraph:
                    ``(A) new budget authority and outlays for each 
                major functional category, based on allocations of the 
                total levels set forth pursuant to subsection 
                (a)(1);''.
            (3) In subparagraph (C) (as redesignated), strike 
        ``mandatory'' and insert ``direct spending''.
            (4) After subparagraph (C) (as redesignated), insert the 
        following new subparagraph:
                    ``(D) a measure, as a percentage of gross domestic 
                product, of total outlays, total Federal revenues, the 
                surplus or deficit, and new outlays for nondefense 
                discretionary spending, defense spending, Medicare, 
                Medicaid and other direct spending as set forth in such 
                resolution;''.
            (5) After subparagraph (F) (as redesignated), insert the 
        following new subparagraph:
                    ``(G) if the joint resolution on the budget 
                includes any allocation to a committee other than the 
                Committee on Appropriations of levels in excess of 
                current law levels, a justification for not subjecting 
                any program, project, or activity (for which the 
                allocation is made) to annual discretionary 
                appropriations;''.
    (d) Additional Contents of Report.--Section 301(e)(3) of the 
Congressional Budget Act of 1974 is amended as follows:
            (1) Redesignate subparagraphs (A) and (B) as subparagraphs 
        (B) and (C), respectively, strike subparagraphs (C) and (D), 
        and redesignate subparagraph (E) as subparagraph (D) and strike 
        the period and insert ``; and''.
            (2) Before subparagraph (B), insert the following new 
        subparagraph:
                    ``(A) new budget authority and outlays for each 
                major functional category, based on allocations of the 
                total levels set forth pursuant to subsection 
                (a)(1);''.
            (3) At the end, add the following new subparagraph:
                    ``(E) set forth, if required by subsection (f), the 
                calendar year in which, in the opinion of the Congress, 
                the goals for reducing unemployment set forth in 
                section 4(b) of the Employment Act of 1946 should be 
                achieved.''.
    (e) Budget Presentation.--After section 301(e)(3) add the following 
new paragraph:
            ``(4) Budget format.--In addition to the contents that may 
        be included in the report pursuant to paragraph (3), a 
        presentation of the functional categories may also be included 
        as follows:
                    ``(A) Principal federal obligations.--Activities 
                intrinsic to the Federal Government (including both 
                discretionary and mandatory spending) as follows:
                            ``(i) National defense;
                            ``(ii) International affairs;
                            ``(iii) Veterans benefits and services; and
                            ``(iv) Administration of justice.
                    ``(B) Federally supported domestic priorities.--The 
                total domestic discretionary spending levels as 
                follows:
                            ``(i) Total domestic discretionary 
                        spending.
                            ``(ii) Optional inclusion of additional 
                        specific recommended levels.
                    ``(C) Major domestic entitlements.--Major domestic 
                direct spending programs as follows:
                            ``(i) Medicare.
                            ``(ii) Medicaid.
                            ``(iii) Other direct spending.
                            ``(iv) Optional inclusion of additional 
                        specific recommended levels.
                    ``(D) General government and financial 
                management.--Funding for financing government 
                operations as follows:
                            ``(i) General government.
                            ``(ii) Net interest.
                            ``(iii) Allowances.
                            ``(iv) Offsetting receipts.''.
    (f) President's Budget Submission to Congress.--(1) The first two 
sentences of section 1105(a) of title 31, United States Code, are 
amended to read as follows: ``On or after the first Monday in January 
but not later than the first Monday in February of each year the 
President shall submit a budget of the United States Government for the 
following fiscal year which shall set forth the following levels:
            ``(A) Totals of new budget authority and outlays.
            ``(B) Total Federal revenues and the amount, if any, by 
        which the aggregate level of Federal revenues should be 
        increased or decreased by bills and resolutions to be reported 
        by the appropriate committees.
            ``(C) The surplus or deficit in the budget.
            ``(D) Subtotals of new budget authority and outlays for 
        nondefense discretionary spending, defense discretionary 
        spending, direct spending (excluding interest), and interest, 
        and for emergencies (for the reserve fund in section 317(b) and 
        for military operations in section 317(c).
            ``(E) The public debt.
Each budget submission shall include a budget message and summary and 
supporting information and, as a separately delineated statement, the 
levels requires in the preceding sentence for at least each of the 4 
ensuing fiscal years.''.
    (2) The third sentence of section 1105(a) of title 31, United 
States Code, is amended by inserting ``submission'' after ``budget''.
    (g) Limitation on the Content of Budget Resolutions.--Section 305 
of the Congressional Budget Act of 1974 is amended by adding at the end 
the following new subsection:
    ``(e) Limitation on Contents.--(1) It shall not be in order in the 
House of Representatives or in the Senate to consider any joint 
resolution on the budget or any amendment thereto or conference report 
thereon that contains any matter referred to in paragraph (2).
    ``(2) Any joint resolution on the budget or any amendment thereto 
or conference report thereon that contains any matter not permitted in 
section 301(a) or (b) shall not be treated in the House of 
Representatives or the Senate as a budget resolution under subsection 
(a) or (b) or as a conference report on a budget resolution under 
subsection (c) of this section.''.

SEC. 274. BUDGET REQUIRED BEFORE SPENDING BILLS MAY BE CONSIDERED.

    (a) Amendments to Section 302.--Section 302 of the Congressional 
Budget Act of 1974 is amended--
            (1) in subsection (a), by striking paragraph (5); and
            (2) in subsection (f)(1)(A), by striking ``as reported''.
    (b) Amendments to Section 303 and Conforming Amendments.--Section 
303 of the Congressional Budget Act of 1974 is amended--
            (1) by striking ``(a) In General.--'', by striking ``has 
        been agreed to'' and inserting ``takes effect in subsection 
        (a)'', and by striking subsections (b) and (c); and
            (2) by striking its section heading and inserting the 
        following new section heading: ``consideration of budget-
        related legislation before budget becomes law''.
    (c) Expedited Procedures Upon Veto of Joint Resolution on the 
Budget.--(1) Title III of the Congressional Budget Act of 1974 is 
amended by adding after section 315 the following new section:

   ``expedited procedures upon veto of joint resolution on the budget

    ``Sec. 316.  (a) Special Rule.--If the President vetoes a joint 
resolution on the budget for a fiscal year, the majority leader of the 
House of Representatives or Senate (or his designee) shall introduce a 
concurrent resolution on the budget or joint resolution on the budget 
for such fiscal year. If the Committee on the Budget of either House 
fails to report such concurrent or joint resolution referred to it 
within five calendar days (excluding Saturdays, Sundays, or legal 
holidays except when that House of Congress is in session) after the 
date of such referral, the committee shall be automatically discharged 
from further consideration of such resolution and such resolution shall 
be placed on the appropriate calendar.
    ``(b) Procedure in the House of Representatives and the Senate.--
            ``(1) Except as provided in paragraph (2), the provisions 
        of section 305 for the consideration in the House of 
        Representatives and in the Senate of joint resolutions on the 
        budget and conference reports thereon shall also apply to the 
        consideration of concurrent resolutions on the budget 
        introduced under subsection (a) and conference reports thereon.
            ``(2) Debate in the Senate on any concurrent resolution on 
        the budget or joint resolution on the budget introduced under 
        subsection (a), and all amendments thereto and debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 10 hours and in the House of Representatives 
        such debate shall be limited to not more than 3 hours.
    ``(c) Contents of Concurrent Resolutions.--Any concurrent 
resolution on the budget introduced under subsection (a) shall be in 
compliance with section 301.
    ``(d) Effect of Concurrent Resolution on the Budget.--
Notwithstanding any other provision of this title, whenever a 
concurrent resolution on the budget described in subsection (a) is 
agreed to, then the aggregates, allocations, and reconciliation 
directives (if any) contained in the report accompanying such 
concurrent resolution or in such concurrent resolution shall be 
considered to be the aggregates, allocations, and reconciliation 
directives for all purposes of sections 302, 303, and 311 for the 
applicable fiscal years and such concurrent resolution shall be deemed 
to be a joint resolution for all purposes of this title and the Rules 
of the House of Representatives and any reference to the date of 
enactment of a joint resolution on the budget shall be deemed to be a 
reference to the date agreed to when applied to such concurrent 
resolution.''.
    (2) The table of contents set forth in section 1(b) of the 
Congressional Budget and Impoundment Control Act of 1974 is amended by 
inserting after the item relating to section 315 the following new 
item:

``Sec. 316. Discretionary Deficit Reduction Account.''.

SEC. 275. AMENDMENTS TO JOINT RESOLUTIONS ON THE BUDGET.

    (a) Definition.--Paragraph (4) of section 3 of the Congressional 
Budget Act of 1974 is amended to read as follows:
            ``(4) the term `joint resolution on the budget' means--
                    ``(A) a joint resolution setting forth the budget 
                for the United States Government for a fiscal year as 
                provided in section 301; and
                    ``(B) any other joint resolution revising the 
                budget for the United States Government for a fiscal 
                year as described in section 304.''.
    (b) Additional Amendments to the Congressional Budget and 
Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 305, 
308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act 
of 1974 (2 U.S.C. 621 et seq.) are amended by striking ``concurrent'' 
each place it appears and inserting ``joint''.
    (B) Section 301 of the Congressional Budget Act of 1974 is further 
amended by striking the last sentence.
    (C)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the 
Congressional Budget Act of 1974 are amended by striking ``most 
recently agreed to concurrent resolution on the budget'' each place it 
occurs and inserting ``most recently enacted joint resolution on the 
budget or agreed to concurrent resolution on the budget (as 
applicable)''.
    (ii) The section heading of section 301 is amended by striking 
``annual adoption of concurrent resolution'' and inserting ``joint 
resolutions''; and
    (iii) Section 304 of such Act is amended to read as follows:

             ``permissible revisions of budget resolutions

    ``Sec. 304. At any time after the joint resolution on the budget 
for a fiscal year has been enacted pursuant to section 301, and before 
the end of such fiscal year, the two Houses and the President may enact 
a joint resolution on the budget which revises or reaffirms the joint 
resolution on the budget for such fiscal year most recently enacted, 
and for purposes of the enforcement of the Congressional Budget Act of 
1974, the chairman of the Budget Committee of the House of 
Representatives or the Senate, as applicable, may adjust levels as 
needed for the enforcement off of the budget resolution.''.
    (D) Sections 302, 303, 310, and 311, of such Act are amended by 
striking ``agreed to'' each place it appears and by inserting 
``enacted''.
    (2)(A) Paragraph (4) of section 3 of the Congressional Budget and 
Impoundment Control Act of 1974 is amended by striking ``concurrent'' 
each place it appears and by inserting ``joint''.
    (B) The table of contents set forth in section 1(b) of such Act is 
amended--
            (i) in the item relating to section 301, by striking 
        ``Annual adoption of concurrent resolution'' and inserting 
        ``Joint resolutions'';
            (ii) by striking the item relating to section 303 and 
        inserting the following:

``Sec. 303. Consideration of budget-related legislation before budget 
                            becomes law.''.
            (iii) by striking ``concurrent'' and inserting ``joint'' in 
        the item relating to section 305.
    (c) Conforming Amendments to the Rules of the House of 
Representatives.--Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 
4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and 
clauses 7 and 10 of rule XXI of the Rules of the House of 
Representatives are amended by striking ``concurrent'' each place it 
appears and inserting ``joint''.
    (d) Conforming Amendments to the Balanced Budget and Emergency 
Deficit Control Act of 1985.--Section 258C(b)(1) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is 
amended by striking ``concurrent'' and inserting ``joint''.
    (e) Conforming Amendments to Section 310 Regarding Reconciliation 
Directives.--(1) The side heading of section 310(a) of the 
Congressional Budget Act of 1974 (as amended by section 105(b)) is 
further amended by inserting ``Joint Explanatory Statement Accompanying 
Conference Report on'' before ``Joint''.
    (2) Section 310(a) of such Act is amended by striking ``A'' and 
inserting ``The joint explanatory statement accompanying the conference 
report on a''.
    (3) The first sentence of section 310(b) of such Act is amended by 
striking ``If'' and inserting ``If the joint explanatory statement 
accompanying the conference report on''.
    (4) Section 310(c)(1) of such Act is amended by inserting ``the 
joint explanatory statement accompanying the conference report on'' 
after ``pursuant to''.
    (f) Conforming Amendments to Section 3 Regarding Direct Spending.--
Section 3 of the Congressional Budget and Impoundment Control Act of 
1974 is amended by adding at the end the following new paragraph:
            ``(11) The term `direct spending' has the meaning given to 
        such term in section 250(c)(8) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985.''.

  TITLE III--FISCAL DISCIPLINE, EARMARK REFORM, AND ACCOUNTABILITY ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Fiscal Discipline, Earmark Reform, 
and Accountability Act''.

SEC. 302. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE 
              SENATE.

    (a) In General.--Rule XVI of the Standing Rules of the Senate is 
amended by adding at the end the following:
    ``9. (a) On a point of order made by any Senator:
            ``(1) No new or general legislation nor any unauthorized 
        appropriation may be included in any general appropriation 
        bill.
            ``(2) No amendment may be received to any general 
        appropriation bill the effect of which will be to add an 
        unauthorized appropriation to the bill.
            ``(3) No unauthorized appropriation may be included in any 
        amendment between the Houses, or any amendment thereto, in 
        relation to a general appropriation bill.
    ``(b)(1) If a point of order under subparagraph (a)(1) against a 
Senate bill or amendment is sustained--
            ``(A) the new or general legislation or unauthorized 
        appropriation shall be struck from the bill or amendment; and
            ``(B) any modification of total amounts appropriated 
        necessary to reflect the deletion of the matter struck from the 
        bill or amendment shall be made.
    ``(2) If a point of order under subparagraph (a)(1) against an Act 
of the House of Representatives is sustained when the Senate is not 
considering an amendment in the nature of a substitute, an amendment to 
the House bill is deemed to have been adopted that--
            ``(A) strikes the new or general legislation or 
        unauthorized appropriation from the bill; and
            ``(B) modifies, if necessary, the total amounts 
        appropriated by the bill to reflect the deletion of the matter 
        struck from the bill;
    ``(c) If the point of order against an amendment under subparagraph 
(a)(2) is sustained, the amendment shall be out of order and may not be 
considered.
    ``(d)(1) If a point of order under subparagraph (a)(3) against a 
Senate amendment is sustained--
            ``(A) the unauthorized appropriation shall be struck from 
        the amendment;
            ``(B) any modification of total amounts appropriated 
        necessary to reflect the deletion of the matter struck from the 
        amendment shall be made; and
            ``(C) after all other points of order under this paragraph 
        have been disposed of, the Senate shall proceed to consider the 
        amendment as so modified.
    ``(2) If a point of order under subparagraph (a)(3) against a House 
of Representatives amendment is sustained--
            ``(A) an amendment to the House amendment is deemed to have 
        been adopted that--
                    ``(i) strikes the new or general legislation or 
                unauthorized appropriation from the House amendment; 
                and
                    ``(ii) modifies, if necessary, the total amounts 
                appropriated by the bill to reflect the deletion of the 
                matter struck from the House amendment; and
            ``(B) after all other points of order under this paragraph 
        have been disposed of, the Senate shall proceed to consider the 
        question of whether to concur with further amendment.
    ``(e) The disposition of a point of order made under any other 
paragraph of this rule, or under any other Standing Rule of the Senate, 
that is not sustained, or is waived, does not preclude, or affect, a 
point of order made under subparagraph (a) with respect to the same 
matter.
    ``(f) A point of order under subparagraph (a) may be waived only by 
a motion agreed to by the affirmative vote of three-fifths of the 
Senators duly chosen and sworn. If an appeal is taken from the ruling 
of the Presiding Officer with respect to such a point of order, the 
ruling of the Presiding Officer shall be sustained absent an 
affirmative vote of three-fifths of the Senators duly chosen and sworn.
    ``(g) Notwithstanding any other rule of the Senate, it shall be in 
order for a Senator to raise a single point of order that several 
provisions of a general appropriation bill or an amendment between the 
Houses on a general appropriation bill violate subparagraph (a). The 
Presiding Officer may sustain the point of order as to some or all of 
the provisions against which the Senator raised the point of order. If 
the Presiding Officer so sustains the point of order as to some or all 
of the provisions against which the Senator raised the point of order, 
then only those provisions against which the Presiding Officer sustains 
the point of order shall be deemed stricken pursuant to this paragraph. 
Before the Presiding Officer rules on such a point of order, any 
Senator may move to waive such a point of order, in accordance with 
subparagraph (f), as it applies to some or all of the provisions 
against which the point of order was raised. Such a motion to waive is 
amendable in accordance with the rules and precedents of the Senate. 
After the Presiding Officer rules on such a point of order, any Senator 
may appeal the ruling of the Presiding Officer on such a point of order 
as it applies to some or all of the provisions on which the Presiding 
Officer ruled.
    ``(h) For purposes of this paragraph:
            ``(1) The term `new or general legislation' has the meaning 
        given that term when it is used in paragraph 2 of this rule.
            ``(2) The term `new matter' means matter not committed to 
        conference by either House of Congress.
            ``(3)(A) The term `unauthorized appropriation' means a 
        `congressionally directed spending item' as defined in rule 
        XLIV--
                    ``(i) that is not specifically authorized by law or 
                Treaty stipulation (unless the appropriation has been 
                specifically authorized by an Act or resolution 
                previously passed by the Senate during the same session 
                or proposed in pursuance of an estimate submitted in 
                accordance with law); or
                    ``(ii) the amount of which exceeds the amount 
                specifically authorized by law or Treaty stipulation 
                (or specifically authorized by an Act or resolution 
                previously passed by the Senate during the same session 
                or proposed in pursuance of an estimate submitted in 
                accordance with law) to be appropriated.
            ``(B) An appropriation is not specifically authorized if it 
        is restricted or directed to, or authorized to be obligated or 
        expended for the benefit of, an identifiable person, program, 
        project, entity, or jurisdiction by earmarking or other 
        specification, whether by name or description, in a manner that 
        is so restricted, directed, or authorized that it applies only 
        to a single identifiable person, program, project, entity, or 
        jurisdiction, unless the identifiable person, program, project, 
        entity, or jurisdiction to which the restriction, direction, or 
        authorization applies is described or otherwise clearly 
        identified in a law or Treaty stipulation (or an Act or 
        resolution previously passed by the Senate during the same 
        session or in the estimate submitted in accordance with law) 
        that specifically provides for the restriction, direction, or 
        authorization of appropriation for such person, program, 
        project, entity, or jurisdiction.
    ``10. (a) On a point of order made by any Senator, no new or 
general legislation, nor any unauthorized appropriation, new matter, or 
nongermane matter may be included in any conference report on a general 
appropriation bill.
    ``(b) If the point of order against a conference report under 
subparagraph (a) is sustained--
            ``(1) the new or general legislation, unauthorized 
        appropriation, new matter, or nongermane matter in such 
        conference report shall be deemed to have been struck;
            ``(2) any modification of total amounts appropriated 
        necessary to reflect the deletion of the matter struck shall be 
        deemed to have been made;
            ``(3) when all other points of order under this paragraph 
        have been disposed of--
                    ``(A) the Senate shall proceed to consider the 
                question of whether the Senate should recede from its 
                amendment to the House bill, or its disagreement to the 
                amendment of the House, and concur with a further 
                amendment, which further amendment shall consist of 
                only that portion of the conference report not deemed 
                to have been struck (together with any modification of 
                total amounts appropriated);
                    ``(B) the question shall be debatable; and
                    ``(C) no further amendment shall be in order; and
            ``(4) if the Senate agrees to the amendment, then the bill 
        and the Senate amendment thereto shall be returned to the House 
        for its concurrence in the amendment of the Senate.
    ``(c) The disposition of a point of order made under any other 
paragraph of this rule, or under any other Standing Rule of the Senate, 
that is not sustained, or is waived, does not preclude, or affect, a 
point of order made under subparagraph (a) with respect to the same 
matter.
    ``(d) A point of order under subparagraph (a) may be waived only by 
a motion agreed to by the affirmative vote of three-fifths of the 
Senators duly chosen and sworn. If an appeal is taken from the ruling 
of the Presiding Officer with respect to such a point of order, the 
ruling of the Presiding Officer shall be sustained absent an 
affirmative vote of three-fifths of the Senators duly chosen and sworn.
    ``(e) Notwithstanding any other rule of the Senate, it shall be in 
order for a Senator to raise a single point of order that several 
provisions of a conference report on a general appropriation bill 
violate subparagraph (a). The Presiding Officer may sustain the point 
of order as to some or all of the provisions against which the Senator 
raised the point of order. If the Presiding Officer so sustains the 
point of order as to some or all of the provisions against which the 
Senator raised the point of order, then only those provisions against 
which the Presiding Officer sustains the point of order shall be deemed 
stricken pursuant to this paragraph. Before the Presiding Officer rules 
on such a point of order, any Senator may move to waive such a point of 
order, in accordance with subparagraph (d), as it applies to some or 
all of the provisions against which the point of order was raised. Such 
a motion to waive is amendable in accordance with the rules and 
precedents of the Senate. After the Presiding Officer rules on such a 
point of order, any Senator may appeal the ruling of the Presiding 
Officer on such a point of order as it applies to some or all of the 
provisions on which the Presiding Officer ruled.
    ``(f) For purposes of this paragraph:
            ``(1) The terms `new or general legislation', `new matter', 
        and `unauthorized appropriation' have the same meaning as in 
        paragraph 9.
            ``(2) The term `nongermane matter' has the same meaning as 
        in rule XXII and under the precedents attendant thereto, as of 
        the beginning of the 110th Congress.''.
    (b) Requiring Conference Reports To Be Searchable Online.--
Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the Senate is 
amended by inserting ``in an searchable format'' after ``available''.

SEC. 303. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.

    The Lobbying Disclosure Act of 1995 is amended by adding after 
section 5 the following:

``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS.

    ``(a) In General.--A recipient of Federal funds shall file a report 
as required by section 5(a) containing--
            ``(1) the name of any lobbyist registered under this Act to 
        whom the recipient paid money to lobby on behalf of the Federal 
        funding received by the recipient; and
            ``(2) the amount of money paid as described in paragraph 
        (1).
    ``(b) Definition.--In this section, the term `recipient of Federal 
funds' means the recipient of Federal funds constituting an award, 
grant, or loan.''.
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