[Congressional Record Volume 157, Number 100 (Thursday, July 7, 2011)]
[Senate]
[Pages S4456-S4458]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 524. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 1323, to express the sense of the 
Senate on shared sacrifice in resolving the budget deficit; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. _. SENSE OF THE SENATE REGARDING PROTECTING SMALL 
                   BUSINESS FROM ADDITIONAL TAX BURDENS.

       It is the sense of the Senate that small businesses, as 
     defined by the Small Business Administration, should be 
     exempt from any net tax increase that is proposed or included 
     in legislation that raises the statutory borrowing authority 
     of the United States.
                                 ______
                                 
  SA 525. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

               TITLE__--REDUCTION OF UNNECESSARY SPENDING

     SECTION __1. SHORT TITLE AND PURPOSES.

       (a) Short Title.--This title may be cited as the ``Reduce 
     Unnecessary Spending Act of 2011''.
       (b) Purpose.--The purpose of this title is to create an 
     optional fast-track procedure the President may use when 
     submitting rescission requests, which would lead to an up-or-
     down vote by Congress on the President's package of 
     rescissions, without amendment.

     SEC. __2. RESCISSIONS OF FUNDING.

       The Impoundment Control Act of 1974 is amended by striking 
     part C and inserting the following:

       ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

     ``SEC. 1021. APPLICABILITY AND DISCLAIMER.

       ``The rules, procedures, requirements, and definitions in 
     this part apply only to executive and legislative actions 
     explicitly taken under this part. They do not apply to 
     actions taken under part B or to other executive and 
     legislative actions not taken under this part.

     ``SEC. 1022. DEFINITIONS.

       ``In this part:
       ``(1) The terms `appropriations Act', `budget authority', 
     and `new budget authority' have the same meanings as in 
     section 3 of the Congressional Budget Act of 1974.
       ``(2) The terms `account', `current year', `CBO', and `OMB' 
     have the same meanings as in section 250 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 as in effect 
     on September 30, 2002.
       ``(3) The term `days of session' shall be calculated by 
     excluding weekends and national holidays. Any day during 
     which a chamber of Congress is not in session shall not be 
     counted as a day of session of that chamber. Any day during 
     which neither chamber is in session shall not be counted as a 
     day of session of Congress.
       ``(4) The term `entitlement law' means the statutory 
     mandate or requirement of the United States to incur a 
     financial obligation unless that obligation is explicitly 
     conditioned on the appropriation in subsequent legislation of 
     sufficient funds for that purpose, and the Supplemental 
     Nutrition Assistance Program.
       ``(5) The term `funding' refers to new budget authority and 
     obligation limits except to the extent that the funding is 
     provided for entitlement law.
       ``(6) The term `rescind' means to eliminate or reduce the 
     amount of enacted funding.
       ``(7) The terms `withhold' and `withholding' apply to any 
     executive action or inaction that precludes the obligation of 
     funding at a time when it would otherwise have been available 
     to an agency for obligation. The terms do not include 
     administrative or preparatory actions undertaken prior to 
     obligation in the normal course of implementing budget laws.

     ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.

       ``(a) Timing.--If the President proposes that Congress 
     rescind funding under the procedures in this part, OMB shall 
     transmit a message to Congress containing the information 
     specified in section 1024, and the message transmitting the 
     proposal shall be sent to Congress not later than 45 calendar 
     days after the date of enactment of the funding.
       ``(b) Packaging and Transmittal of Requested Rescissions.--
     Except as provided in subsection (c), for each piece of 
     legislation that provides funding, the President shall 
     request at most 1 package of rescissions and the rescissions 
     in that package shall apply only to funding contained in that 
     legislation. OMB shall deliver each message requesting a 
     package of rescissions to the Secretary of the Senate if the 
     Senate is not in session and to the Clerk of the House of 
     Representatives if the House is not in session. OMB shall 
     make a copy of the transmittal message publicly available, 
     and shall publish in the Federal Register a notice of the 
     message and information on how it can be obtained.
       ``(c) Special Packaging Rules.--After enactment of--
       ``(1) a joint resolution making continuing appropriations;
       ``(2) a supplemental appropriations bill; or
       ``(3) an omnibus appropriations bill;

     covering some or all of the activities customarily funded in 
     more than 1 regular appropriations bill, the President may 
     propose as many as 2 packages rescinding funding contained in 
     that legislation, each within the 45-day period specified in 
     subsection (a). OMB shall not include the same rescission in 
     both packages, and, if the President requests the rescission 
     of more than one discrete amount of funding under the 
     jurisdiction of a single subcommittee, OMB shall include each 
     of those discrete amounts in the same package.

     ``SEC. 1024. REQUESTS TO RESCIND FUNDING.

       ``For each request to rescind funding under this part, the 
     transmittal message shall--
       ``(1) specify--
       ``(A) the dollar amount to be rescinded;
       ``(B) the agency, bureau, and account from which the 
     rescission shall occur;
       ``(C) the program, project, or activity within the account 
     (if applicable) from which the rescission shall occur;
       ``(D) the amount of funding, if any, that would remain for 
     the account, program, project, or activity if the rescission 
     request is enacted; and
       ``(E) the reasons the President requests the rescission;
       ``(2) designate each separate rescission request by number; 
     and
       ``(3) include proposed legislative language to accomplish 
     the requested rescissions which may not include--
       ``(A) any changes in existing law, other than the 
     rescission of funding; or
       ``(B) any supplemental appropriations, transfers, or 
     reprogrammings.

     ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL 
                   AUTHORITY.

       ``(a) Presidential Authority To Withhold Funding.--
     Notwithstanding any other provision of law and if the 
     President proposes a rescission of funding under this part, 
     OMB may, subject to the time limits provided in subsection 
     (c), temporarily withhold that funding from obligation.
       ``(b) Expedited Procedures Available Only Once Per Bill.--
     The President may not invoke the procedures of this part, or 
     the authority to withhold funding granted by subsection (a), 
     on more than 1 occasion for any Act providing funding.
       ``(c) Time Limits.--OMB shall make available for obligation 
     any funding withheld under subsection (a) on the earliest 
     of--
       ``(1) the day on which the President determines that the 
     continued withholding or reduction no longer advances the 
     purpose of legislative consideration of the rescission 
     request;
       ``(2) starting from the day on which OMB transmitted a 
     message to Congress requesting the rescission of funding, 25 
     calendar days in which the House of Representatives has been 
     in session or 25 calendar days in which the Senate has been 
     in session, whichever occurs second; or
       ``(3) the last day after which the obligation of the 
     funding in question can no longer be fully accomplished in a 
     prudent manner before its expiration.
       ``(d) Deficit Reduction.--
       ``(1) In general.--Funds that are rescinded under this part 
     shall be dedicated only to reducing the deficit or increasing 
     the surplus.
       ``(2) 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 part, 
     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.

     ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION 
                   REQUESTS.

       ``(a) Preparation of Legislation To Consider a Package of 
     Expedited Rescission Requests.--
       ``(1) In general.--If the House of Representatives receives 
     a package of expedited rescission requests, the Clerk shall 
     prepare a House bill that only rescinds the amounts requested 
     which shall read as follows:
       `` `There are enacted the rescissions numbered [insert 
     number or numbers] as set forth in the Presidential message 
     of [insert date] transmitted under part C of the Impoundment 
     Control Act of 1974 as amended.'
       ``(2) Exclusion procedure.--The Clerk shall include in the 
     bill each numbered rescission request listed in the 
     Presidential package in question, except that the Clerk shall 
     omit a numbered rescission request if the Chairman of the 
     Committee on the Budget of the House, after consulting with 
     the Chairman of the Committee on the Budget of the Senate, 
     CBO, GAO, and the House and Senate committees that have 
     jurisdiction over the funding, determines that the numbered 
     rescission does not refer to funding or includes matter not 
     permitted under a request to rescind funding.
       ``(b) Introduction and Referral of Legislation To Enact a 
     Package of Expedited

[[Page S4457]]

     Rescissions.--The majority leader or the minority leader of 
     the House or Representatives, or a designee, shall (by 
     request) introduce each bill prepared under subsection (a) 
     not later than 4 days of session of the House after its 
     transmittal, or, if no such bill is introduced within that 
     period, any member of the House may introduce the required 
     bill in the required form on the fifth or sixth day of 
     session of the House after its transmittal. If such an 
     expedited rescission bill is introduced in accordance with 
     the preceding sentence, it shall be referred to the House 
     committee of jurisdiction. A copy of the introduced House 
     bill shall be transmitted to the Secretary of the Senate, who 
     shall provide it to the Senate committee of jurisdiction.
       ``(c) House Report and Consideration of Legislation To 
     Enact a Package of Expedited Rescissions.--The House 
     committee of jurisdiction shall report without amendment the 
     bill referred to it under subsection (b) not more than 5 days 
     of session of the House after the referral. The committee may 
     order the bill reported favorably, unfavorably, or without 
     recommendation. If the committee has not reported the bill by 
     the end of the 5-day period, the committee shall be 
     automatically discharged from further consideration of the 
     bill and it shall be placed on the appropriate calendar.
       ``(d) House Motion To Proceed.--
       ``(1) In general.--After a bill to enact an expedited 
     rescission package has been reported or the committee of 
     jurisdiction has been discharged under subsection (c), it 
     shall be in order to move to proceed to consider the bill in 
     the House. A Member who wishes to move to proceed to 
     consideration of the bill shall announce that fact, and the 
     motion to proceed shall be in order only during a time 
     designated by the Speaker within the legislative schedule for 
     the next calendar day of legislative session or the one 
     immediately following it.
       ``(2) Failure to set time.--If the Speaker does not 
     designate a time under paragraph (1), 3 or more calendar days 
     of legislative session after the bill has been reported or 
     discharged, it shall be in order for any Member to move to 
     proceed to consider the bill.
       ``(3) Procedure.--A motion to proceed under this subsection 
     shall not be in order after the House has disposed of a prior 
     motion to proceed with respect to that package of expedited 
     rescissions. The previous question shall be considered as 
     ordered on the motion to proceed, without intervening motion. 
     A motion to reconsider the vote by which the motion to 
     proceed has been disposed of shall not be in order.
       ``(4) Removal from calendar.--If 5 calendar days of 
     legislative session have passed since the bill was reported 
     or discharged under this subsection and no Member has made a 
     motion to proceed, the bill shall be removed from the 
     calendar.
       ``(e) House Consideration.--
       ``(1) Considered as read.--A bill consisting of a package 
     of rescissions under this part shall be considered as read.
       ``(2) Points of order.--All points of order against the 
     bill are waived, except that a point of order may be made 
     that 1 or more numbered rescissions included in the bill 
     would enact language containing matter not requested by the 
     President or not permitted under this part as part of that 
     package. If the Presiding Officer sustains such a point of 
     order, the numbered rescission or rescissions that would 
     enact such language are deemed to be automatically stripped 
     from the bill and consideration proceeds on the bill as 
     modified.
       ``(3) Previous question.--The previous question shall be 
     considered as ordered on the bill to its passage without 
     intervening motion, except that 4 hours of debate equally 
     divided and controlled by a proponent and an opponent are 
     allowed, as well as 1 motion to further limit debate on the 
     bill.
       ``(4) Motion to reconsider.--A motion to reconsider the 
     vote on passage of the bill shall not be in order.
       ``(f) Senate Consideration.--
       ``(1) Referral.--If the House of Representatives approves a 
     House bill enacting a package of rescissions, that bill as 
     passed by the House shall be sent to the Senate and referred 
     to the Senate committee of jurisdiction.
       ``(2) Committee action.--The committee of jurisdiction 
     shall report without amendment the bill referred to it under 
     this subsection not later than 3 days of session of the 
     Senate after the referral. The committee may order the bill 
     reported favorably, unfavorably, or without recommendation.
       ``(3) Discharge.--If the committee has not reported the 
     bill by the end of the 3-day period, the committee shall be 
     automatically discharged from further consideration of the 
     bill and it shall be placed on the appropriate calendar.
       ``(4) Motion to proceed.--On the following day and for 3 
     subsequent calendar days in which the Senate is in session, 
     it shall be in order for any Senator to move to proceed to 
     consider the bill in the Senate. Upon such a motion being 
     made, it shall be deemed to have been agreed to and the 
     motion to reconsider shall be deemed to have been laid on the 
     table.
       ``(5) Debate.--Debate on the bill in the Senate under this 
     subsection, and all debatable motions and appeals in 
     connection therewith, shall not exceed 10 hours, equally 
     divided and controlled in the usual form. Debate in the 
     Senate on any debatable motion or appeal in connection with 
     such a bill shall be limited to not more than 1 hour, to be 
     equally divided and controlled in the usual form. A motion to 
     further limit debate on such a bill is not debatable.
       ``(6) Motions not in order.--A motion to amend such a bill 
     or strike a provision from it is not in order. A motion to 
     recommit such a bill is not in order.
       ``(g) Senate Point of Order.--It shall not be in order 
     under this part for the Senate to consider a bill approved by 
     the House enacting a package of rescissions under this part 
     if any numbered rescission in the bill would enact matter not 
     requested by the President or not permitted under this Act as 
     part of that package. If a point of order under this 
     subsection is sustained, the bill may not be considered under 
     this part.''.

     SEC. __3. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Table of Contents.--Section 1(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     striking the matter for part C of title X and inserting the 
     following:

       ``PART C--Expedited Consideration of Proposed Rescissions

``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.

       (b) Temporary Withholding.--Section 1013(c) of the 
     Impoundment Control Act of 1974 is amended by striking 
     ``section 1012'' and inserting ``section 1012 or section 
     1025''.
       (c) Rulemaking.--
       (1) 904(a).--Section 904(a) of the Congressional Budget Act 
     of 1974 is amended by striking ``and 1017'' and inserting 
     ``1017, and 1026''.
       (2) 904(d)(1).--Section 904(d)(1) of the Congressional 
     Budget Act of 1974 is amended by striking ``1017'' and 
     inserting ``1017 or 1026''.

     SEC. __4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL 
                   ACT.

       (a) In General.--Part A of the Impoundment Control Act of 
     1974 is amended by inserting at the end the following:

     ``SEC. 1002. SEVERABILITY.

       ``If the judicial branch of the United States finally 
     determines that 1 or more of the provisions of parts B or C 
     violate the Constitution of the United States, the remaining 
     provisions of those parts shall continue in effect.''.
       (b) Table of Contents.--Section 1(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     inserting at the end of the matter for part A of title X the 
     following:

``Sec. 1002. Severability.''.

     SEC. __5. EXPIRATION.

       Part C of the Impoundment Control Act of 1974 (as amended 
     by this Act) shall expire on December 31, 2015.
                                 ______
                                 
  SA 526. Mr. McCAIN (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the bill S. 1323, to express the 
sense of the Senate on shared sacrifice in resolving the budget 
deficit; which was ordered to lie on the table; as follows:

       At the end, add the following:

                        TITLE II--DEBT BUY-DOWN

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Debt Buy-Down Act''.

     SEC. 202. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC 
                   DEBT.

       (a) In General.--Subchapter A of chapter 61 of the Internal 
     Revenue Code of 1986 (relating to returns and records) is 
     amended by adding at the end the following new part:

          ``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT

``Sec. 6097. Designation.

     ``SEC. 6097. DESIGNATION.

       ``(a) In General.--Every individual with adjusted income 
     tax liability for any taxable year may designate that a 
     portion of such liability (not to exceed 10 percent thereof) 
     shall be used to reduce the public debt.
       ``(b) Manner and Time of Designation.--A designation under 
     subsection (a) may be made with respect to any taxable year 
     only at the time of filing the return of tax imposed by 
     chapter 1 for the taxable year. The designation shall be made 
     on the first page of the return or on the page bearing the 
     taxpayer's signature.
       ``(c) Adjusted Income Tax Liability.--For purposes of this 
     section, the adjusted income tax liability of an individual 
     for any taxable year is the income tax liability of the 
     individual for the taxable year determined under section 
     6096(b), reduced by any amount designated under section 
     6096(a).''.
       (b) Clerical Amendment.--The table of parts for such 
     subchapter A is amended by adding at the end the following 
     new item:

         ``Part IX. Designation for Reduction of Public Debt''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 203. PUBLIC DEBT REDUCTION TRUST FUND.

       (a) In General.--Subchapter A of chapter 98 of the Internal 
     Revenue Code of 1986 (relating to trust fund code) is amended 
     by adding at the end the following section:

     ``SEC. 9511. PUBLIC DEBT REDUCTION TRUST FUND.

       ``(a) Creation of Trust Fund.--There is established in the 
     Treasury of the United

[[Page S4458]]

     States a trust fund to be known as the `Public Debt Reduction 
     Trust Fund', consisting of any amount appropriated or 
     credited to the Trust Fund as provided in this section or 
     section 9602(b).
       ``(b) Transfers to Trust Fund.--There are hereby 
     appropriated to the Public Debt Reduction Trust Fund amounts 
     equivalent to the amounts designated under section 6097 
     (relating to designation for public debt reduction).
       ``(c) Expenditures.--Amounts in the Public Debt Reduction 
     Trust Fund shall be used by the Secretary for purposes of 
     paying at maturity, or to redeem or buy before maturity, any 
     obligation of the Federal Government included in the public 
     debt (other than an obligation held by the Federal Old-Age 
     and Survivors Insurance Trust Fund or the Department of 
     Defense Military Retirement Fund). Any obligation which is 
     paid, redeemed, or bought with amounts from the Public Debt 
     Reduction Trust Fund shall be canceled and retired and may 
     not be reissued.''.
       (b) Clerical Amendment.--The table of sections for such 
     subchapter is amended by adding at the end the following new 
     item:

``Sec. 9511. Public Debt Reduction Trust Fund.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after the date of the 
     enactment of this Act.

     SEC. 204. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL 
                   SPENDING TO REDUCE THE PUBLIC DEBT.

       (a) Sequestration To Reduce the Public Debt.--Part C of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended by inserting after section 253 the following new 
     section:

     ``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT.

       ``(a) Sequestration.--Notwithstanding sections 255 and 256, 
     within 15 days after Congress adjourns to end a session, and 
     on the same day as sequestration (if any) under sections 251, 
     252, and 253, and under section 5(b) of the Statutory Pay-As-
     You-Go Act of 2010, but after any sequestration required by 
     those sections, there shall be a sequestration equivalent to 
     the estimated aggregate amount designated under section 6097 
     of the Internal Revenue Code of 1986 for the last taxable 
     year ending one year before the beginning of that session of 
     Congress, as estimated by the Department of the Treasury on 
     October 1 and as modified by the total of--
       ``(1) any amounts by which net discretionary spending is 
     reduced by legislation below the discretionary spending 
     limits enacted after the enactment of this section related to 
     the fiscal year subject to the sequestration (or, in the 
     absence of such limits, any net deficit change from the 
     baseline amount calculated under section 257; and
       ``(2) the net deficit change that has resulted from all 
     direct spending legislation enacted after the enactment of 
     this section related to the fiscal year subject to the 
     sequestration, as estimated by OMB.
     If the reduction in spending under paragraphs (1) and (2) for 
     a fiscal year is greater than the estimated aggregate amount 
     designated under section 6097 of the Internal Revenue Code of 
     1986 respecting that fiscal year, then there shall be no 
     sequestration under this section.
       ``(b) Applicability.--
       ``(1) In general.--Except as provided by paragraph (2), 
     each account of the United States shall be reduced by a 
     dollar amount calculated by multiplying the level of 
     budgetary resources in that account at that time by the 
     uniform percentage necessary to carry out subsection (a). All 
     obligational authority reduced under this section shall be 
     done in a manner that makes such reductions permanent.
       ``(2) Exempt accounts.--No order issued under this part 
     may--
       ``(A) reduce benefits payable to the old-age and survivors 
     insurance program established under title II of the Social 
     Security Act;
       ``(B) reduce retired or retainer pay payable to a member or 
     former member of the uniformed services; or
       ``(C) reduce payments for net interest (all of major 
     functional category 900).''.
       (b) Reports.--Section 254 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended--
       (1) in subsection (a), by adding at the end of the table 
     the following new item:

Department of Treasury report to Congress estimating amount of income .
  tax designated pursuant to section 6097 of the Internal Revenue Code 
  of 1986.'';

       (2) in subsection (c)(1), by inserting ``, and 
     sequestration to reduce the public debt,'' after 
     ``sequestration'';
       (3) in subsection (c), by redesignating paragraph (5) as 
     paragraph (6) and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) Reports on sequestration to reduce the public debt.--
     The preview reports shall set forth for the budget year 
     estimates for each of the following:
       ``(A) The aggregate amount designated under section 6097 of 
     the Internal Revenue Code of 1986 for the last taxable year 
     ending before the budget year.
       ``(B) The amount of reductions required under section 253A 
     and the deficit remaining after those reductions have been 
     made.
       ``(C) The sequestration percentage necessary to achieve the 
     required reduction in accounts under section 253A(b).''; and
       (4) in subsection (f), by redesignating paragraphs (4) and 
     (5) as paragraphs (5) and (6), respectively, and by inserting 
     after paragraph (3) the following new paragraph:
       ``(4) Reports on sequestration to reduce the public debt.--
     The final reports shall contain all of the information 
     contained in the public debt taxation designation report 
     required on October 1.''.
       (c) Conforming Amendment.--The table of contents in section 
     250(a) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 is amended by inserting after the item relating 
     to section 253 the following new item:

``Sec. 253A. Sequestration to reduce the public debt.''.

       (d) Effective Date.--Notwithstanding section 275(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     the expiration date set forth in that section shall not apply 
     to the amendments made by this section. The amendments made 
     by this section shall cease to have any effect after the 
     first fiscal year during which there is no public debt.

                          ____________________