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March 1, 2010, 12:00 am ET - Amendment SA 3337 proposed by Senator Sessions to Amendment SA 3336.
March 2, 2010, 12:00 am ET - Considered by Senate.
March 3, 2010, 12:00 am ET - Considered by Senate.
March 4, 2010, 12:00 am ET - Considered by Senate.
March 4, 2010, 12:00 am ET - Point of order raised in Senate with respect to amendment SA 3337.
March 4, 2010, 12:00 am ET - Amendment SA 3337 ruled out of order by the chair.
March 4, 2010, 3:34 pm ET - Motion to Waive All Applicable Budgetary Discipline Sessions Amdt. No. 3337

Full Text of this Amendment

SA 3337. Mr. SESSIONS (for himself and Mrs. McCaskill) proposed an amendment to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes; as follows:


In lieu of the matter proposed to be inserted, insert the following:
SEC. X01. DISCRETIONARY SPENDING LIMITS.
(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), $564,293,000,000 in budget authority; and
"(B) for the nondefense category, $529,662,000,000 in budget authority.
"(2) For fiscal year 2012--
"(A) for the defense category (budget function 050), $573,612,000,000 in budget authority; and
"(B) for the nondefense category, $533,232,000,000 in budget authority.
"(3) For fiscal year 2013--
"(A) for the defense category (budget function 050), $584,421,000,000 in budget authority; and
"(B) for the nondefense category, $540,834,000,000 in budget authority.
"(4) For fiscal year 2014--
"(A) for the defense category (budget function 050), $598,249,000,000 in budget authority; and
"(B) for the nondefense category, $550,509,000,000 in budget authority.
"(5) With respect to fiscal years following 2014, 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, 2013, or 2014, 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;
"(iii) with respect to fiscal year 2013, $50,000,000,000 in new budget authority: and
"(iv) with respect to fiscal year 2014, $50,000,000,000 in new budget authority.
"(B) EMERGENCY SPENDING.--For fiscal year 2011, 2012, 2013, or 2014 for appropriations for discretionary accounts designated as emergency requirements, the adjustment for purposes of paragraph (1) shall be the total of such appropriations in discretionary accounts designated as emergency requirements, but not to exceed $10,454,000,000 for 2011, $10,558,000,000 for 2012, $10,664,000,000 for 2013, and $10,877,000,000 for 2014. Appropriations designated as emergencies in excess of these
limitations shall be treated as new budget authority.
"(C) INTERNAL REVENUE SERVICE TAX ENFORCEMENT.--
"(i) IN GENERAL.--If a bill or joint resolution is reported making appropriations for fiscal year 2011, 2012, 2013, or 2014 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, for fiscal year 2013, $7,315,000,000, and for fiscal year 2014, $7,461,000,000.
"(II) For fiscal year 2011, $899,000,000, for fiscal year 2012, $908,000,000, for fiscal year 2013, $917,000,000, and for fiscal year 2014, $935,000,000.
"(D) CONTINUING DISABILITY REVIEWS AND SSI REDETERMINATIONS.--
"(i) IN GENERAL.--If a bill or joint resolution is reported making appropriations for fiscal year 2011, 2012, 2013, or 2014 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.
"(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; for fiscal year 2013, $281,000,000; for fiscal year 2014, $287,000,000.
"(II) For fiscal year 2011, $490,000,000; for fiscal year 2012, $495,000,000; for fiscal year 2013, $500,000,000; for fiscal year 2014, $510,000,000.
"(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, for fiscal year 2013, $35,030,000 and for fiscal year 2014, $35,731,000.
"(E) HEALTH CARE FRAUD AND ABUSE.--
"(i) IN GENERAL.--If a bill or joint resolution is reported making appropriations for fiscal year 2011, 2012, 2013, or 2014 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, for fiscal year 2013, $320,000,000, and for fiscal year 2014, $327,000,000.
"(F) UNEMPLOYMENT INSURANCE IMPROPER PAYMENT REVIEWS.--If a bill or joint resolution is reported making appropriations for fiscal year 2011, 2012, 2013, or 2014 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; and
"(ii) with respect to fiscal year 2012, $51,000,000 in new budget authority.
"(iii) with respect to fiscal year 2013, $52,000,000 in new budget authority; and
"(iv) with respect to fiscal year 2014, $53,000,000 in new budget authority.
"(G) LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP).--If a bill or joint resolution is reported making appropriations for fiscal year 2011, 2012, 2013, or 2014 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.--Subject to the limitations provided in subsection (c)(2)(B), 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 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.
"(f) 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.
"(3) LIMITATIONS ON CHANGES TO THIS SUBSECTION.--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 repeal or otherwise change this subsection.".
(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.".


(As printed in the Congressional Record for the Senate on Mar 1, 2010.)