[Congressional Record Volume 156, Number 39 (Wednesday, March 17, 2010)]
[Senate]
[Pages S1674-S1678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3542. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 279, after line 24, add the following:

     SEC. 723. PROJECT COMPLIANCE WITH NATIONAL AVIATION 
                   PRIORITIES.

       (a) Airport Improvement Program.--The Administrator of the 
     Federal Aviation Administration shall ensure that any amount 
     made available for airport improvement under subchapter 1 of 
     chapter 471 of title 49, United States Code, is for a project 
     that--
       (1) has a National Priority Rating of not less than 41; and
       (2) is included in the Airports Capital Improvement Plan.
       (b) Tower/Terminal Air Traffic Control Facility Replacement 
     Program.--The Administrator shall ensure that any amount made 
     available for the replacement of air traffic control 
     facilities under such subchapter is for a project that is on 
     the priority list of the Administration.
       (c) Instrument Landing Systems Program Funds.--The 
     Administrator shall ensure that any amount made available for 
     instrument landing systems under such subchapter is for a 
     project that--
       (1) has a higher benefit than cost; and
       (2) complies with such other requirements of the 
     Administration as the Administrator considers appropriate.
       (d) Other Projects.--The Administrator shall ensure that 
     any amount made available under such subchapter for a purpose 
     not described in subsection (a), (b), or (c) is for a project 
     that the Administrator considers a national priority.
       (e) Annual Report.--
       (1) In general.--Not later than December 31, 2010, and 
     annually thereafter, the Administrator shall submit to 
     Congress a report that lists each project of the 
     Administration that failed to comply with the provisions of 
     this section in the most recent fiscal year ending before the 
     date of such submittal.
       (2) Contents.--For each report submitted under paragraph 
     (1), the Administrator shall include, for each project listed 
     in such report, the following:
       (A) A description of the project.
       (B) A type classification of the project.
       (C) The cost of the project.
       (D) The impact of the project on the aviation priorities of 
     the United States.
                                 ______
                                 
  SA 3543. Mrs. HUTCHISON (for herself, Mr. Rockefeller, and Mr. 
Dorgan) submitted an amendment intended to be proposed to amendment SA 
3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title III, insert the 
     following:

     SEC. __. FINANCIAL INCENTIVES FOR NEXTGEN EQUIPAGE.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration may enter into agreements to fund the costs of 
     equipping aircraft with communications, surveillance, 
     navigation, and other avionics to enable NextGen air traffic 
     control capabilities.
       (b) Funding Instrument.--The Administrator may make grants 
     or other instruments authorized under section 106(l)(6) of 
     title 49, United States Code, to carry out subsection (a).
                                 ______
                                 
  SA 3544. Mr. INHOFE (for himself, Mr. Wyden, and Mr. Merkley) 
submitted an amendment intended to be proposed to amendment SA 3452 
proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       After title VII, insert the following:

            TITLE VIII--ACCESS TO GENERAL AVIATION AIRPORTS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Community Airport Access 
     and Protection Act of 2010''.

     SEC. 802. AGREEMENTS GRANTING THROUGH-THE-FENCE ACCESS TO 
                   GENERAL AVIATION AIRPORTS.

       (a) In General.--Section 47107 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(t) Agreements Granting Through-the-Fence Access to 
     General Aviation Airports.--
       ``(1) In general.--Subject to paragraph (2), a sponsor of a 
     general aviation airport shall not be considered to be in 
     violation of this subtitle, or to be in violation of a grant 
     assurance made under this section or under any other 
     provision of law as a condition for the receipt of Federal 
     financial assistance for airport development, solely because 
     the sponsor enters into an agreement that grants to a person 
     that owns residential real property adjacent to the airport 
     access to the airfield of the airport for the following:
       ``(A) Aircraft of the person.
       ``(B) Aircraft authorized by the person.
       ``(2) Through the fence agreements.--
       ``(A) In general.--An agreement described in paragraph (1) 
     between an airport sponsor and a property owner shall be a 
     written agreement that prescribes the rights, 
     responsibilities, charges, duration, and other terms 
     determined necessary to establish and manage the airport 
     sponsor's relationship with the property owner.
       ``(B) Terms and conditions.--An agreement described in 
     paragraph (1) between an airport sponsor and a property owner 
     shall require the property owner, at minimum--
       ``(i) to pay airport access charges that are not less than 
     those charged to tenants and operators on-airport making 
     similar use of the airport;
       ``(ii) to bear the cost of building and maintaining the 
     infrastructure necessary to provide aircraft located on the 
     property adjacent to the airport access to the airfield of 
     the airport;
       ``(iii) to operate and maintain the property, and conduct 
     any construction activities on the property, at no cost to 
     the airport and in a manner that--

       ``(I) is consistent with subsections (a)(7) and (a)(9);
       ``(II) does not alter the airport, including the facilities 
     of the airport;
       ``(III) does not adversely affect the safety, utility, or 
     efficiency of the airport;
       ``(IV) is compatible with the normal operations of the 
     airport; and
       ``(V) is consistent with the airport's role in the National 
     Plan of Integrated Airport Systems;

       ``(iv) to maintain the property for residential, 
     noncommercial use for the duration of the agreement; and
       ``(v) to prohibit access to the airport from other 
     properties through the property of the property owner.
       ``(3) General aviation airport defined.--In this 
     subsection, the term `general aviation airport' means a 
     public airport that is located in a State and that, as 
     determined by the Secretary of Transportation--
       ``(A) does not have scheduled service; or
       ``(B) has scheduled service with less than 2,500 passenger 
     boardings each year.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply to an agreement between an airport sponsor and a 
     property owner entered into before, on, or after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3545. Mr. RISCH (for himself and Mr. Crapo) submitted an amendment 
intended to be proposed to amendment SA 3452 proposed by Mr. 
Rockefeller to the bill H.R. 1586, to impose an additional tax on 
bonuses received from certain TARP recipients; which was ordered to lie 
on the table; as follows:


[[Page S1675]]


       On page 61, strike lines 1 through 8 and insert the 
     following:
       (c) Study by Board.--
       (1) In general.--The Air Traffic Control Modernization 
     Oversight Board, established by section 106(p) of title 49, 
     United States Code, shall conduct a study of--
       (A) the Administrator's recommendations for realignment; 
     and
       (B) the opportunities, risks, and benefits of realigning 
     services and facilities of the Administration to reduce 
     capital, operating, maintenance, and administrative costs 
     without adversely affecting safety.
       (2) Considerations.--In carrying out the study under 
     paragraph (1), the Board shall consider--
       (A) the commercial and noncommercial use of airspace, 
     including Department of Defense operations, Forest Service 
     operations, and the operations of other Government agencies 
     with irregular flight times and patterns; and
       (B) the safety of aircraft operations in adverse weather, 
     terrain, and other limiting physical factors relevant to the 
     airspace surrounding airports whose aviation services and 
     facilities have been recommended for realignment by the 
     Administrator.
                                 ______
                                 
  SA 3546. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 10, after the matter following line 5, insert the 
     following:
       (c) Passenger Enplanement Report.--
       (1) In general.--The Administrator of the Federal Aviation 
     Administration shall prepare a report on every airport in the 
     United States that reported between 10,000 and 15,000 
     passenger enplanements during each of the 2 most recent years 
     for which such data is available.
       (2) Report objectives.--In carrying out the report under 
     paragraph (1), the Administrator shall document the methods 
     used by each subject airport to reach the 10,000 passenger 
     enplanement threshold, including whether airports subsidize 
     commercial flights to reach such threshold.
       (3) Review.--The Inspector General of the Department of 
     Transportation shall review the process of the Adminstrator 
     in developing the report under paragraph (1).
       (4) Report.--The Administrator shall submit the report 
     prepared under paragraph (1) to Congress and the Secretary of 
     Transportation.
       (5) Rulemaking.--After reviewing the report prepared under 
     paragraph (1), the Secretary of Transportation shall 
     promulgate regulations for measuring passenger enplanements 
     at airports that--
       (A) include the method for determining which airports 
     qualify for Federal funding under the Airport Improvement 
     Program (AIP);
       (B) exclude artificial enplanements resulting from efforts 
     by airports to trigger increased AIP funding; and
       (C) sets forth the consequences for tampering with the 
     number of passenger enplanements.
                                 ______
                                 
  SA 3547. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to 
impose an additional tax on bonuses received from certain TARP 
recipients; which was ordered to lie on the table; as follows:

       On page 44, after line 25, add the following:

     SEC. 219. STUDY ON APPORTIONING AMOUNTS FOR AIRPORT 
                   IMPROVEMENT IN PROPORTION TO AMOUNTS OF AIR 
                   TRAFFIC.

       (a) Study and Report Required.--Not later than 180 days 
     after the date of the enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall--
       (1) complete a study on the feasibility and advisability of 
     apportioning amounts under section 47114(c)(1) of title 49, 
     United States Code, to the sponsor of each primary airport 
     for each fiscal year an amount that bears the same ratio to 
     the amount subject to the apportionment for fiscal year 2009 
     as the number of passenger boardings at the airport during 
     the prior calendar year bears to the aggregate of all 
     passenger boardings at all primary airports during that 
     calendar year; and
       (2) submit to Congress a report on the study completed 
     under paragraph (1).
       (b) Report Contents.--The report required by subsection 
     (a)(2) shall include the following:
       (1) A description of the study carried out under subsection 
     (a)(1).
       (2) The findings of the Administrator with respect to such 
     study.
       (3) A list of each sponsor of a primary airport that 
     received an amount under section 47114(c)(1) of title 49, 
     United States Code, in 2009.
       (4) For each sponsor listed in accordance with paragraph 
     (3), the following:
       (A) The amount such sponsor received, if any, in 2005, 
     2006, 2007, 2008, and 2009 under such section 47114(c)(1).
       (B) An explanation of how the amount awarded to such 
     sponsor was determined.
       (C) The average number of air passenger flights serviced 
     each month at the airport of such sponsor in 2009.
       (D) The number of enplanements for air passenger 
     transportation at such airport in 2005, 2006, 2007, 2008, and 
     2009.
                                 ______
                                 
  SA 3548. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill H.R. 1586, to impose an additional tax on bonuses 
received from certain TARP recipients; as follows:

       At the end, insert the following:

     SEC. _01. DISCRETIONARY SPENDING LIMITS AND OTHER DEFICIT 
                   REDUCTION MEASURES.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by inserting at the end the following:


                    ``discretionary spending limits

       ``Sec. 316.  (a) Discretionary Spending Limits.--It shall 
     not be in order in the House of Representatives or the Senate 
     to consider any bill, joint resolution, amendment, or 
     conference report that includes any provision that would 
     cause the discretionary spending limits as set forth in this 
     section to be exceeded.
       ``(b) Limits.--In this section, the term `discretionary 
     spending limits' has the following meaning subject to 
     adjustments in subsection (c):
       ``(1) For fiscal year 2011--
       ``(A) for the defense category (budget function 050), 
     $573,793,000,000 in budget authority; and
       ``(B) for the nondefense category, $533,159,000,000 in 
     budget authority.
       ``(2) For fiscal year 2012--
       ``(A) for the defense category (budget function 050), 
     $580,811,000,000 in budget authority; and
       ``(B) for the nondefense category, $559,621,000,000 in 
     budget authority.
       ``(3) For fiscal year 2013--
       ``(A) for the defense category (budget function 050), 
     $593,516,000,000 in budget authority; and
       ``(B) for the nondefense category, $549,562,000,000 in 
     budget authority.
       ``(4) With respect to fiscal years following 2013, the 
     President shall recommend and the Congress shall consider 
     legislation setting limits for those fiscal years.
       ``(c) Adjustments.--
       ``(1) In general.--After the reporting of a bill or joint 
     resolution relating to any matter described in paragraph (2), 
     or the offering of an amendment thereto or the submission of 
     a conference report thereon--
       ``(A) the Chairman of the Senate Committee on the Budget 
     may adjust the discretionary spending limits, the budgetary 
     aggregates in the concurrent resolution on the budget most 
     recently adopted by the Senate and the House of 
     Representatives, and allocations pursuant to section 302(a) 
     of the Congressional Budget Act of 1974, by the amount of new 
     budget authority in that measure for that purpose and the 
     outlays flowing there from; and
       ``(B) following any adjustment under subparagraph (A), the 
     Senate Committee on Appropriations may report appropriately 
     revised suballocations pursuant to section 302(b) of the 
     Congressional Budget Act of 1974 to carry out this 
     subsection.
       ``(2) Matters described.--Matters referred to in paragraph 
     (1) are as follows:
       ``(A) Overseas deployments and other activities.--If a bill 
     or joint resolution is reported making appropriations for 
     fiscal year 2011, 2012, or 2013, that provides funding for 
     overseas deployments and other activities, the adjustment for 
     purposes paragraph (1) shall be the amount of budget 
     authority in that measure for that purpose but not to 
     exceed--
       ``(i) with respect to fiscal year 2011, $50,000,000,000 in 
     new budget authority;
       ``(ii) with respect to fiscal year 2012, $50,000,000,000 in 
     new budget authority; and
       ``(iii) with respect to fiscal year 2013, $50,000,000,000 
     in new budget authority.
       ``(B) Internal revenue service tax enforcement.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013, that includes the amount described in clause (ii)(I), 
     plus an additional amount for enhanced tax enforcement to 
     address the Federal tax gap (taxes owed but not paid) 
     described in clause (ii)(II), the adjustment for purposes of 
     paragraph (1) shall be the amount of budget authority in that 
     measure for that initiative not exceeding the amount 
     specified in clause (ii)(II) for that fiscal year.
       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2011, $7,171,000,000, for fiscal year 
     2012, $7,243,000,000, and for fiscal year 2013, 
     $7,315,000,000.
       ``(II) For fiscal year 2011, $899,000,000, for fiscal year 
     2012, and $908,000,000, for fiscal year 2013, $917,000,000.

       ``(C) Continuing disability reviews and ssi 
     redeterminations.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013 that includes the amount described in clause (ii)(I), 
     plus an additional amount for Continuing Disability Reviews 
     and Supplemental Security Income Redeterminations for the 
     Social Security Administration described in clause (ii)(II), 
     the adjustment for purposes of paragraph (1) shall be the 
     amount of budget authority in that measure for that 
     initiative not exceeding the amount specified in clause 
     (ii)(II) for that fiscal year.

[[Page S1676]]

       ``(ii) Amounts.--The amounts referred to in clause (i) are 
     as follows:

       ``(I) For fiscal year 2011, $276,000,000, for fiscal year 
     2012, $278,000,000, and for fiscal year 2013, $281,000,000.
       ``(II) For fiscal year 2011, $490,000,000; for fiscal year 
     2012, and $495,000,000; for fiscal year 2013, $500,000,000.

       ``(iii) Asset verification.--

       ``(I) In general.--The additional appropriation permitted 
     under clause (ii)(II) may also provide that a portion of that 
     amount, not to exceed the amount specified in subclause (II) 
     for that fiscal year instead may be used for asset 
     verification for Supplemental Security Income recipients, but 
     only if, and to the extent that the Office of the Chief 
     Actuary estimates that the initiative would be at least as 
     cost effective as the redeterminations of eligibility 
     described in this subparagraph.
       ``(II) Amounts.--For fiscal year 2011, $34,340,000, for 
     fiscal year 2012, $34,683,000, and for fiscal year 2013, 
     $35,030,000.

       ``(D) Health care fraud and abuse.--
       ``(i) In general.--If a bill or joint resolution is 
     reported making appropriations for fiscal year 2011, 2012, or 
     2013 that includes the amount described in clause (ii) for 
     the Health Care Fraud and Abuse Control program at the 
     Department of Health & Human Services for that fiscal year, 
     the adjustment for purposes of paragraph (1) shall be the 
     amount of budget authority in that measure for that 
     initiative but not to exceed the amount described in clause 
     (ii).
       ``(ii) Amount.--The amount referred to in clause (i) is for 
     fiscal year 2011, $314,000,000, for fiscal year 2012, 
     $317,000,000, and for fiscal year 2013, $320,000,000.
       ``(E) Unemployment insurance improper payment reviews.--If 
     a bill or joint resolution is reported making appropriations 
     for fiscal year 2011, 2012, or 2013 that includes 
     $10,000,000, plus an additional amount for in-person 
     reemployment and eligibility assessments and unemployment 
     improper payment reviews for the Department of Labor, the 
     adjustment for purposes paragraph (1) shall be the amount of 
     budget authority in that measure for that initiative but not 
     to exceed--
       ``(i) with respect to fiscal year 2011, $51,000,000 in new 
     budget authority;
       ``(ii) with respect to fiscal year 2012, $51,000,000 in new 
     budget authority; and
       ``(iii) with respect to fiscal year 2013, $52,000,000 in 
     new budget authority.
       ``(F) Low-income home energy assistance program (liheap).--
     If a bill or joint resolution is reported making 
     appropriations for fiscal year 2011, 2012, or 2013 that 
     includes $3,200,000,000 in funding for the Low-Income Home 
     Energy Assistance Program and provides an additional amount 
     up to $1,900,000,000 for that program, the adjustment for 
     purposes of paragraph (1) shall be the amount of budget 
     authority in that measure for that initiative but not to 
     exceed $1,900,000,000.
       ``(d) Emergency Spending.--
       ``(1) Authority to designate.--In the Senate, with respect 
     to a provision of direct spending or receipts legislation or 
     appropriations for discretionary accounts that Congress 
     designates as an emergency requirement in such measure, the 
     amounts of new budget authority, outlays, and receipts in all 
     fiscal years resulting from that provision shall be treated 
     as an emergency requirement for the purpose of this 
     subsection.
       ``(2) Exemption of emergency provisions.--Any new budget 
     authority, outlays, and receipts resulting from any provision 
     designated as an emergency requirement, pursuant to this 
     subsection, in any bill, joint resolution, amendment, or 
     conference report shall not count for purposes of this 
     section, and sections 302 and 311 of the Congressional Budget 
     Act of 1974, section 201 of S. Con. Res. 21 (110th Congress) 
     (relating to pay-as-you-go), and section 311 of S. Con. Res. 
     70 (110th Congress) (relating to long-term deficits).
       ``(3) Designations.--If a provision of legislation is 
     designated as an emergency requirement under this subsection, 
     the committee report and any statement of managers 
     accompanying that legislation shall include an explanation of 
     the manner in which the provision meets the criteria in 
     paragraph (6).
       ``(4) Definitions.--In this subsection, the terms `direct 
     spending', `receipts', and `appropriations for discretionary 
     accounts' mean any provision of a bill, joint resolution, 
     amendment, motion, or conference report that affects direct 
     spending, receipts, or appropriations as those terms have 
     been defined and interpreted for purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       ``(5) Point of order.--
       ``(A) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, if a 
     point of order is made by a Senator against an emergency 
     designation in that measure, that provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(B) Supermajority waiver and appeals.--
       ``(i) Waiver.--Subparagraph (A) may be waived or suspended 
     in the Senate only by an affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(ii) Appeals.--Appeals in the Senate from the decisions 
     of the Chair relating to any provision of this paragraph 
     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 paragraph.
       ``(C) Definition of an emergency designation.--For purposes 
     of subparagraph (A), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this paragraph.
       ``(D) Form of the point of order.--A point of order under 
     subparagraph (A) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       ``(E) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill, upon a point of order being made by any 
     Senator pursuant to this paragraph, and such point of order 
     being sustained, such material contained in such conference 
     report shall be deemed stricken, and the Senate shall proceed 
     to consider the question of whether the Senate shall recede 
     from its amendment and concur with a further amendment, or 
     concur in the House amendment with a further amendment, as 
     the case may be, which further amendment shall consist of 
     only that portion of the conference report or House 
     amendment, as the case may be, not so stricken. Any such 
     motion in the Senate shall be debatable. In any case in which 
     such point of order is sustained against a conference report 
     (or Senate amendment derived from such conference report by 
     operation of this subsection), no further amendment shall be 
     in order.
       ``(6) Criteria.--
       ``(A) In general.--For purposes of this subsection, any 
     provision is an emergency requirement if the situation 
     addressed by such provision is--
       ``(i) necessary, essential, or vital (not merely useful or 
     beneficial);
       ``(ii) sudden, quickly coming into being, and not building 
     up over time;
       ``(iii) an urgent, pressing, and compelling need requiring 
     immediate action;
       ``(iv) subject to clause (ii), unforeseen, unpredictable, 
     and unanticipated; and
       ``(v) not permanent, temporary in nature.
       ``(7) Unforeseen.--An emergency that is part of an 
     aggregate level of anticipated emergencies, particularly when 
     normally estimated in advance, is not unforeseen.
       ``(e) Limitations on Changes to Exemptions.--It shall not 
     be in order in the Senate or the House of Representatives to 
     consider any bill, resolution, amendment, or conference 
     report that would exempt any new budget authority, outlays, 
     and receipts from being counted for purposes of this section.


       ``national commission on fiscal responsibility and reform

       ``Sec. 317.  (a) In General.--The National Commission on 
     Fiscal Responsibility and Reform (referred to in this section 
     as the `Commission') established by Executive Order 13531 
     shall not later than December 1, 2010, include in the report 
     of the Commission recommendations to improve the fiscal 
     sustainability of the Federal Government and close the gap 
     between the projected revenues and entitlement spending 
     sufficient to reduce the deficit by not less than 
     $77,000,000,000 for the period of fiscal years 2011 through 
     2013.
       ``(b) Enactment by Congress of the Commission 
     Recommendations.--If the Commission fails to submit a final 
     report by December 1, 2010, and if Congress does not enact 
     the Commission recommendations in subsection (a) by January 
     2, 2011, then the discretionary spending limits in section 
     316(b) for fiscal years 2012 and 2013 shall not apply.
       ``(c) Sense of Congress.--It is the sense of Congress that 
     the total amount of deficit reduction recommended by the 
     Commission for fiscal years 2011 through 2013 shall at least 
     be equal to the reductions in discretionary spending achieved 
     in section 316 for fiscal years 2011 through 2013, and used 
     solely for deficit reduction.''.
       (b) 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 inserting after the item 
     relating to section 315 the following new item:

``Sec. 316. Discretionary spending limits.
``Sec. 317. National Commission on Fiscal Responsibility and Reform.''.
                                 ______
                                 
  SA 3549. Mr. INHOFE (for himself, Mr. Sessions, and Mr. Chambliss) 
submitted an amendment intended to be proposed to amendment SA 3475 
proposed by Mr. McCain (for himself and Mr. Bayh) to the amendment SA 
3452 proposed by Mr. Rockefeller to the bill H.R. 1586, to impose an 
additional tax on bonuses received from certain TARP recipients; which 
was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

                          TITLE ___--HELP ACT

     SEC. _01. HELP ACT.

       (a) Short Title.--This title may be cited as the ``Honest 
     Expenditure Limitation Program Act of 2010'' or the ``HELP 
     Act''.
       (b) Expiration.--This title shall expire at the end of 
     fiscal year 2020.

  Subtitle A--Congressional Non-Security Discretionary Spending Limits

     SEC. 101. NON-SECURITY DISCRETIONARY SPENDING LIMITS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by inserting at the end the following:

[[Page S1677]]

              ``non-security discretionary spending limits

       ``Sec. 316.  (a) Non-Security Discretionary Spending 
     Limits.--It shall not be in order in the House of 
     Representatives or the Senate to consider any bill, joint 
     resolution, amendment, or conference report that includes any 
     provision that would cause the non-security discretionary 
     spending limits as set forth in subsection (b) to be 
     exceeded.
       ``(b) Limits.--The non-security discretionary spending 
     limits are as follows:
       ``(1) For fiscal years 2011 through 2015, the spending 
     level for such spending in fiscal year 2010 reduced each year 
     thereafter on a pro rata basis so that the level for fiscal 
     year 2015 does not exceed the level for fiscal year 2008.
       ``(2) For fiscal years 2016 through 2020, the spending 
     level for fiscal year 2015.
       ``(c) Non-Security Spending.--In this section, the term 
     `non-security discretionary spending' means discretionary 
     spending other than spending for the Department of Defense, 
     homeland security activities, intelligence related activities 
     within the Department of State, the Department of Veterans 
     Affairs, and national security related activities in the 
     Department of Energy.
       ``(d) Limitations on Changes to This Section.--It shall not 
     be in order in the Senate or the House of Representatives to 
     consider any bill, resolution, amendment, or conference 
     report that would--
       ``(1) repeal or otherwise change this section; or
       ``(2) exempt any new budget authority, outlays, and 
     receipts from being counted for purposes of this section.
       ``(e) Point of Order in the Senate.--
       ``(1) Waiver.--The provisions of this section shall be 
     waived or suspended in the Senate only--
       ``(A) by the affirmative vote of two-thirds of the Members, 
     duly chosen and sworn; or
       ``(B) in the case of the defense budget authority, if 
     Congress declares war or authorizes the use of force.
       ``(2) Appeal.--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 measure. 
     An affirmative vote of two-thirds 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.''.
       (b) 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 inserting after the item 
     relating to section 315 the following new item:

``Sec. 316. Non-security discretionary spending limits.''.

    Subtitle B--Statutory Non-Security Discretionary Spending Limits

         PART I--DEFINITIONS, ADMINISTRATION, AND SEQUESTRATION

     SEC. 211. DEFINITIONS.

       In this subtitle:
       (1) Account.--The term ``account'' means--
       (A) for discretionary budget authority, an item for which 
     appropriations are made in any appropriation Act; and
       (B) for items not provided for in appropriation Acts, 
     direct spending and outlays therefrom identified in the 
     program and finance schedules contained in the appendix to 
     the Budget of the United States for the current year.
       (2) Breach.--The term ``breach'' means, for any fiscal 
     year, the amount by which discretionary budget authority 
     enacted for that year exceeds the spending limit for budget 
     authority for that year.
       (3) Budget authority; new budget authority; and outlays.--
     The terms ``budget authority'', ``new budget authority'', and 
     ``outlays'' have the meanings given to such terms in section 
     3 of the Congressional Budget and Impoundment Control Act of 
     1974 (2 U.S.C. 622).
       (4) Budget year.--The term ``budget year'' means, with 
     respect to a session of Congress, the fiscal year of the 
     Government that starts on October 1 of the calendar year in 
     which that session begins.
       (5) CBO.--The term ``CBO'' means the Director of the 
     Congressional Budget Office.
       (6) Current.--The term ``current'' means--
       (A) with respect to the Office of Management and Budget 
     estimates included with a budget submission under section 
     1105(a) of title 31, United States Code, the estimates 
     consistent with the economic and technical assumptions 
     underlying that budget;
       (B) with respect to estimates made after that budget 
     submission that are not included with it, the estimates 
     consistent with the economic and technical assumptions 
     underlying the most recently submitted President's budget; 
     and
       (C) with respect to the Congressional Budget Office, 
     estimates consistent with the economic and technical 
     assumptions as required by section 202(e)(1) of the 
     Congressional Budget Act of 1974.
       (7) Current year.--The term ``current year'' means, with 
     respect to a budget year, the fiscal year that immediately 
     precedes that budget year.
       (8) Discretionary appropriations and discretionary budget 
     authority.--The terms ``discretionary appropriations'' and 
     ``discretionary budget authority'' shall have the meaning 
     given such terms in section 3(4) of the Congressional Budget 
     Act of 1974.
       (9) Non-security discretionary spending limit.--The term 
     ``non-security discretionary spending limit'' shall mean the 
     amounts specified in section 222.
       (10) OMB.--The term ``OMB'' means the Director of the 
     Office of Management and Budget.
       (11) Sequestration.--The term ``sequestration'' means the 
     cancellation or reduction of budget authority (except budget 
     authority to fund mandatory programs) provided in 
     appropriation Acts.

     SEC. 212. ADMINISTRATION AND EFFECT OF SEQUESTRATION.

       (a) Timetable.--The timetable with respect to this subtitle 
     is as follows:


On or before:                                        Action to be completed:
5 days before the President's budget submission      CBO Discretionary Sequestration Preview Report.
 required under section 1105 of title 31, United
 States Code.
The President's budget submission..................  OMB Discretionary Sequestration Preview Report.
10 days after end of session.......................  CBO Final Discretionary Sequestration Report.
15 days after end of session.......................  OMB Final Discretionary Sequestration/Presidential
                                                      Sequestration Order.
 


       (b) Presidential Order.--
       (1) In general.--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.
       (2) Special rule.--If the date specified for the submission 
     of a Presidential order under subsection (a) falls on a 
     Sunday or legal holiday, such order shall be issued on the 
     following day.
       (c) Effects of Sequestration.--The effects of sequestration 
     shall be as follows:
       (1) Budgetary resources sequestered from any account shall 
     be permanently cancelled, except as provided in paragraph 
     (5).
       (2) Except as otherwise provided, the same percentage 
     sequestration 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).
       (3) Administrative regulations or similar actions 
     implementing a sequestration shall be made within 120 days of 
     the sequestration order. To the extent that formula 
     allocations differ at different levels of budgetary resources 
     within an account, program, project, or activity, the 
     sequestration shall be interpreted as producing a lower total 
     appropriation, with the remaining amount of the appropriation 
     being obligated in a manner consistent with program 
     allocation formulas in substantive law.
       (4) Except as otherwise provided in this part, obligations 
     or budgetary resources in sequestered accounts shall be 
     reduced only in the fiscal year in which a sequester occurs.
       (5) Budgetary resources sequestered in special fund 
     accounts and offsetting collections sequestered in 
     appropriation accounts shall not be available for obligation 
     during the fiscal year in which the sequestration occurs, but 
     shall be available in subsequent years to the extent 
     otherwise provided in law.
       (d) Submission and Availability of Reports.--Each report 
     required by this section shall be submitted, in the case of 
     CBO, to the House of Representatives, the Senate, and OMB 
     and, in the case of OMB, to the House of Representatives, the 
     Senate, and the President on the day it is issued. On the 
     following day a notice of the report shall be printed in the 
     Federal Register.

          PART II--NON-SECURITY DISCRETIONARY SPENDING LIMITS

     SEC. 221. DISCRETIONARY SEQUESTRATION REPORTS.

       (a) Discretionary Sequestration Preview Reports.--
       (1) Reporting requirement.--On the dates specified in 
     section 212(a), OMB shall report to the President and 
     Congress and CBO shall report to Congress a Discretionary 
     Sequestration Preview Report regarding discretionary 
     sequestration based on laws enacted through those dates.
       (2) Discretionary.--The Discretionary Sequestration Preview 
     Report shall set forth estimates for the current year and 
     each subsequent year through 2014 of the applicable 
     discretionary spending limits and a projection of budget 
     authority exceeding discretionary limits subject to 
     sequester.
       (3) Explanation of differences.--The OMB reports shall 
     explain the differences between OMB and CBO estimates for 
     each item set forth in this subsection.
       (b) Discretionary Sequestration Reports.--On the dates 
     specified in section 212(a), OMB and CBO shall issue 
     Discretionary Sequestration Reports, reflecting laws enacted 
     through those dates, containing

[[Page S1678]]

     all of the information required in the Discretionary 
     Sequestration Preview Reports.
       (c) Final Discretionary Sequestration Reports.--
       (1) Reporting requirements.--On the dates specified in 
     section 212(a), OMB and CBO shall each issue a Final 
     Discretionary Sequestration Report, updated to reflect laws 
     enacted through those dates.
       (2) Discretionary spending.--The Final Discretionary 
     Sequestration Reports shall set forth estimates for each of 
     the following:
       (A) For the current year and each subsequent year through 
     2014; the applicable discretionary spending limits.
       (B) For the current year, if applicable, and the budget 
     year; the new budget authority and the breach, if any.
       (C) The sequestration percentages necessary to eliminate 
     the breach.
       (D) For the budget year, for each account to be 
     sequestered, the level of enacted, sequesterable budget 
     authority and resulting estimated outlays flowing therefrom.
       (3) Explanation of differences.--The OMB report shall 
     explain--
       (A) any differences between OMB and CBO estimates for the 
     amount of any breach and for any required discretionary 
     sequestration percentages; and
       (B) differences in the amount of sequesterable resources 
     for any budget account to be reduced if such difference is 
     greater than $5,000,000.
       (d) 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. 222. LIMITS.

       (a) Discretionary Spending Limits.--As used in this 
     subtitle, the term ``non-security discretionary spending 
     limit'' shall have the same meaning as in section 316 of the 
     Congressional Budget Act of 1974.
       (b) Enforcement.--
       (1) Sequestration.--On the date specified in section 
     212(a), there shall be a sequestration to eliminate a budget-
     year breach.
       (2) Eliminating a breach.--Each non-security discretionary 
     account shall be reduced by a dollar amount calculated by 
     multiplying the enacted level of budget authority for that 
     year in that account at that time by the uniform percentage 
     necessary to eliminate a breach of the discretionary spending 
     limit.
       (3) Part-year appropriations.--If, on the date the report 
     is issued under paragraph (1), there is in effect an Act 
     making 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 (after taking into account any previous 
     sequestration), the discretionary spending limit for the next 
     fiscal year shall be reduced by the amount of that breach.
       (5) Within-session sequestration reports and order.--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 section 221(c). Fifteen days after 
     enactment, OMB shall issue a report containing the 
     information required in section 221(c). 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.
       (c) Estimates.--
       (1) CBO estimates.--As soon as practicable after Congress 
     completes action on any legislation providing discretionary 
     appropriations, CBO shall provide an estimate to OMB of that 
     legislation.
       (2) OMB estimates.--Not later than 7 calendar days 
     (excluding Saturdays, Sundays, and legal holidays) after the 
     date of enactment of any discretionary appropriations, OMB 
     shall transmit a report to the Senate and to the House of 
     Representatives containing--
       (A) the CBO estimate of that legislation;
       (B) an OMB estimate of that legislation using current 
     economic and technical assumptions; and
       (C) an explanation of any difference between the 2 
     estimates.
       (3) Differences.--If during the preparation of the report 
     under paragraph (2), OMB determines that there is a 
     difference between the OMB and CBO estimates, OMB shall 
     consult with the Committees on the Budget of the House of 
     Representatives and the Senate regarding that difference and 
     that consultation, to the extent practicable, shall include 
     written communication to such committees that affords such 
     committees the opportunity to comment before the issuance of 
     that report.
       (4) Assumptions and guidelines.--OMB and CBO shall prepare 
     estimates under this paragraph in conformance with 
     scorekeeping guidelines determined after consultation among 
     the House and Senate Committees on the Budget, CBO, and OMB.

                          ____________________