[Congressional Record Volume 156, Number 52 (Wednesday, April 14, 2010)]
[Senate]
[Pages S2300-S2302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 57--ESTABLISHING AN EXPEDITED PROCEDURE 
  FOR CONSIDERATION OF A BILL RETURNING SPENDING LEVELS TO 2007 LEVELS

  Mr. LeMIEUX (for himself, Mr. Risch, and Mr. DeMint) submitted the 
following concurrent resolution; which was referred to the Committee on 
the Budget.

                            S. Con. Res. 57

       Resolved by the Senate (the House of Representatives 
     concurring),

     SECTION 1. EXPEDITED CONSIDERATION.

       (a) 2007 Spending Bill.--For purposes of this resolution, 
     the term ``2007 spending bill'' means a bill that reduces 
     outlays for the fiscal year beginning in the year in which 
     the bill is considered to levels not exceeding the levels for 
     fiscal year 2007. The bill may not increase revenues.
       (b) Expedited Consideration of 2007 Spending Bill.--
       (1) Introduction of 2007 spending bill.--A 2007 spending 
     bill may be introduced in the House of Representatives and in 
     the Senate not later than July 12, 2010 or any time after the 
     first day of a session for any year thereafter by the 
     majority leader of each House of Congress. If 5 session days 
     after July 12 in 2010 or after the first day of session any 
     year thereafter the majority leader has not introduced a 
     bill, the minority leader of each House of Congress may 
     introduce a 2007 spending bill (during this time the majority 
     leader may not introduce a 2007 spending bill). If a 2007 
     spending bill is not introduced in accordance with the 
     preceding sentence in either House of Congress within 5 
     session days, then any Member of that House may introduce a 
     2007 spending bill on any day thereafter. Upon introduction, 
     the 2007 spending bill shall be referred to the relevant 
     committees of jurisdiction.
       (2) Committee consideration.--The committees to which the 
     2007 spending bill is referred shall report the 2007 spending 
     bill without any revision and with a favorable 
     recommendation, an unfavorable recommendation, or without 
     recommendation, not later than 30 calendar days after the 
     date of introduction of the bill in that House, or the first 
     day thereafter on which that House is in session. If any 
     committee fails to report the bill within that period, that 
     committee shall be automatically discharged from 
     consideration of the bill, and the bill shall be placed on 
     the appropriate calendar.
       (3) Fast track consideration in house of representatives.--
       (A) Proceeding to consideration.--It shall be in order, not 
     later than 7 days of session after the date on which an 2007 
     spending

[[Page S2301]]

     bill is reported or discharged from all committees to which 
     it was referred, for the majority leader of the House of 
     Representatives or the majority leader's designee, to move to 
     proceed to the consideration of the 2007 spending bill. It 
     shall also be in order for any Member of the House of 
     Representatives to move to proceed to the consideration of 
     the 2007 spending bill at any time after the conclusion of 
     such 7-day period. All points of order against the motion are 
     waived. Such a motion shall not be in order after the House 
     has disposed of a motion to proceed on the 2007 spending 
     bill. The previous question shall be considered as ordered on 
     the motion to its adoption without intervening motion. The 
     motion shall not be debatable. A motion to reconsider the 
     vote by which the motion is disposed of shall not be in 
     order.
       (B) Consideration.--The 2007 spending bill shall be 
     considered as read. The previous question shall be considered 
     as ordered on the 2007 spending bill to its passage without 
     intervening motion except 50 hours of debate, equally divided 
     and controlled by the proponent and an opponent. A motion to 
     limit debate shall be in order during such debate. A motion 
     to reconsider the vote on passage of the 2007 spending bill 
     shall not be in order.
       (C) Appeals.--Appeals from decisions of the chair relating 
     to the application of the Rules of the House of 
     Representatives to the procedure relating to the 2007 
     spending bill shall be decided without debate.
       (D) Application of house rules.--Except to the extent 
     specifically provided in this paragraph, consideration of an 
     2007 spending bill shall be governed by the Rules of the 
     House of Representatives. It shall not be in order in the 
     House of Representatives to consider any 2007 spending bill 
     introduced pursuant to the provisions of this subsection 
     under a suspension of the rules pursuant to clause 1 of House 
     Rule XV, or under a special rule reported by the House 
     Committee on Rules.
       (E) Amendments.--It shall be in order to offer amendments 
     to the 2007 spending bill, provided that any such amendment 
     is relevant and would not result in an overall outlay level 
     exceeding the level included in the 2007 spending bill.
       (F) Vote on passage.--Immediately following the conclusion 
     of consideration of the 2007 spending bill, the vote on 
     passage of the 2007 spending bill shall occur without any 
     intervening action or motion and shall require an affirmative 
     vote of three-fifths of the Members, duly chosen and sworn. 
     If the 2007 spending bill is passed, the Clerk of the House 
     of Representatives shall cause the bill to be transmitted to 
     the Senate before the close of the next day of session of the 
     House.
       (4) Fast track consideration in senate.--
       (A) In general.--Notwithstanding rule XXII of the Standing 
     Rules of the Senate, it is in order, not later than 7 days of 
     session after the date on which an 2007 spending bill is 
     reported or discharged from all committees to which it was 
     referred, for the majority leader of the Senate or the 
     majority leader's designee to move to proceed to the 
     consideration of the 2007 spending bill. It shall also be in 
     order for any Member of the Senate to move to proceed to the 
     consideration of the 2007 spending bill at any time after the 
     conclusion of such 7-day period. A motion to proceed is in 
     order even though a previous motion to the same effect has 
     been disagreed to. All points of order against the motion to 
     proceed to the 2007 spending bill are waived. The motion to 
     proceed is not debatable. The motion is not subject to a 
     motion to postpone. A motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     2007 spending bill is agreed to, the 2007 spending bill shall 
     remain the unfinished business until disposed of.
       (B) Debate.--Consideration of an 2007 spending bill and of 
     all debatable motions and appeals in connection therewith 
     shall not exceed a total of 50 hours. Debate shall be divided 
     equally between the majority and minority leaders or their 
     designees. A motion further to limit debate on the 2007 
     spending bill is in order. Any debatable motion or appeal is 
     debatable for not to exceed 1 hour, to be divided equally 
     between those favoring and those opposing the motion or 
     appeal. All time used for consideration of the 2007 spending 
     bill, including time used for quorum calls and voting, shall 
     be counted against the total 50 hours of consideration.
       (C) Amendments.--It shall be in order to offer amendments 
     to the 2007 spending bill, provided that any such amendment 
     is relevant and would not result in an overall outlay level 
     exceeding the level included in the 2007 spending bill.
       (D) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on the 
     2007 spending bill and a single quorum call at the conclusion 
     of the debate if requested. Passage shall require an 
     affirmative vote of three-fifths of the Members, duly chosen 
     and sworn.
       (E) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate to the procedure relating to a 2007 
     spending bill shall be decided without debate.
       (5) Rules to coordinate action with other house.--
       (A) Referral.--If, before the passage by 1 House of an 2007 
     spending bill of that House, that House receives from the 
     other House an 2007 spending bill, then such proposal from 
     the other House shall not be referred to a committee and 
     shall immediately be placed on the calendar.
       (B) Treatment of 2007 spending bill of other house.--If 1 
     House fails to introduce or consider a 2007 spending bill 
     under this section, the 2007 spending bill of the other House 
     shall be entitled to expedited floor procedures under this 
     section.
       (C) Procedure.--
       (i) 2007 spending bill in the senate.--If prior to passage 
     of the 2007 spending bill in the Senate, the Senate receives 
     an 2007 spending bill from the House, the procedure in the 
     Senate shall be the same as if no 2007 spending bill had been 
     received from the House except that--

       (I) the vote on final passage shall be on the 2007 spending 
     bill of the House if it is identical to the 2007 spending 
     bill then pending for passage in the Senate; or
       (II) if the 2007 spending bill from the House is not 
     identical to the 2007 spending bill then pending for passage 
     in the Senate and the Senate then passes the Senate 2007 
     spending bill, the Senate shall be considered to have passed 
     the House 2007 spending bill as amended by the text of the 
     Senate 2007 spending bill.

       (ii) Disposition of the 2007 spending bill.--Upon 
     disposition of the 2007 spending bill received from the 
     House, it shall no longer be in order to consider the 2007 
     spending bill originated in the Senate.
       (D) Treatment of companion measures in the senate.--If 
     following passage of the 2007 spending bill in the Senate, 
     the Senate then receives an 2007 spending bill from the House 
     of Representatives that is the same as the 2007 spending bill 
     passed by the House, the House-passed 2007 spending bill 
     shall not be debatable. If the House-passed 2007 spending 
     bill is identical to the Senate-passed 2007 spending bill, 
     the vote on passage of the 2007 spending bill in the Senate 
     shall be considered to be the vote on passage of the 2007 
     spending bill received from the House of Representatives. If 
     it is not identical to the House-passed 2007 spending bill, 
     then the Senate shall be considered to have passed the 2007 
     spending bill of the House as amended by the text of the 
     Senate 2007 spending bill.
       (E) Consideration in conference.--Upon passage of the 2007 
     spending bill, the Senate shall be deemed to have insisted on 
     its amendment and requested a conference with the House of 
     Representatives on the disagreeing votes of the two Houses, 
     and the Chair be authorized to appoint conferees on the part 
     of the Senate, without any intervening action.
       (F) Action on conference reports in senate.--
       (i) Motion to proceed.--A motion to proceed to the 
     consideration of the conference report on the 2007 spending 
     bill may be made even though a previous motion to the same 
     effect has been disagreed to.
       (ii) Consideration.--During the consideration in the Senate 
     of the conference report (or a message between Houses) on the 
     2007 spending bill, and all amendments in disagreement, and 
     all amendments thereto, and debatable motions and appeals in 
     connection therewith, debate (or consideration) shall be 
     limited to 30 hours, to be equally divided between, and 
     controlled by, the majority leader and minority leader or 
     their designees. Debate on any debatable motion or appeal 
     related to the conference report (or a message between 
     Houses) shall be limited to 1 hour, to be equally divided 
     between, and controlled by, the mover and the manager of the 
     conference report (or a message between Houses).
       (iii) Debate if defeated.--If the conference report is 
     defeated, debate on any request for a new conference and the 
     appointment of conferees shall be limited to 1 hour, to be 
     equally divided between, and controlled by, the manager of 
     the conference report and the minority leader or his 
     designee, and should any motion be made to instruct the 
     conferees before the conferees are named, debate on such 
     motion shall be limited to one-half hour, to be equally 
     divided between, and controlled by, the mover and the manager 
     of the conference report. Debate on any amendment to any such 
     instructions shall be limited to 20 minutes, to be equally 
     divided between and controlled by the mover and the manager 
     of the conference report. In all cases when the manager of 
     the conference report is in favor of any motion, appeal, or 
     amendment, the time in opposition shall be under the control 
     of the minority leader or his designee.
       (iv) Amendments in disagreement.--If there are amendments 
     in disagreement to a conference report on the 2007 spending 
     bill, time on each amendment shall be limited to 30 minutes, 
     to be equally divided between, and controlled by, the manager 
     of the conference report and the minority leader or his 
     designee. No amendment that is not germane to the provisions 
     of such amendments shall be received.
       (G) Vote on conference report in each house.--Passage of 
     the conference in each House shall be by an affirmative vote 
     of three-fifths of the Members of that House, duly chosen and 
     sworn.
       (H) Veto.--If the President vetoes the bill debate on a 
     veto message in the Senate under this subsection shall be 1 
     hour equally divided between the majority and minority 
     leaders or their designees.
       (6) Rules of the senate and house of representatives.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part

[[Page S2302]]

     of the rules of each House, respectively but applicable only 
     with respect to the procedure to be followed in that House in 
     the case of bill under this section, and it supersedes other 
     rules only to the extent that it is inconsistent with such 
     rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. 2. EFFECTIVE PERIOD.

       This resolution shall be effective until fiscal year 2020 
     or the fiscal year spending levels are returned to fiscal 
     year 2007 levels whichever date first occurs.

                          ____________________