S.Amdt. 4356
What it does: Inserts new text on page 30, line 23What it changes
1 change to S.Con.Res. 70
Inserts new text on page 30, line 23
InsertsPrinted pageInserted: SEC.__. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.
Inserted: (a) Point of Order.--It shall not be in order in the Senate to consider any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit for any one of the three applicable time periods as measured in paragraphs (5) and (6).
Inserted: (2) Applicable time periods.--For purposes of this subsection, the term "applicable time period" means any 1 of the 3 following periods:
Inserted: (A) The first year covered by the most recently adopted concurrent resolution on the budget.
Inserted: (B) The period of the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget.
Inserted: (C) The period of the 5 fiscal years following the first 5 fiscal years covered in the most recently adopted concurrent resolution on the budget.
Inserted: (3) Direct-spending legislation.--For purposes of this subsection and except as provided in paragraph (4), the term "direct-spending legislation" means any bill, joint resolution, amendment, motion, or conference report that affects direct spending as that term is defined by, and interpreted for purposes of, the Balanced Budget and Emergency Deficit Control Act of 1985.
Inserted: (4) Exclusion.--For purposes of this subsection, the terms "direct-spending legislation" and "revenue legislation" do not include--
Inserted: (A) any concurrent resolution on the budget; or
Inserted: (B) any provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of enactment of the Budget Enforcement Act of 1990.
Inserted: (5) Baseline.--Estimates prepared pursuant to this section shall--
Inserted: (A) use the baseline surplus or deficit used for the most recently adopted concurrent resolution on the budget as adjusted for any changes in revenues or direct spending assumed by such resolution; and
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Inserted: (B) be calculated consistent with the requirements of subsections (b) through (d) of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal years beyond those covered by that concurrent resolution on the budget.
Inserted: (6) Prior surplus.--If direct spending or revenue legislation increases the on-budget deficit or causes an on-budget deficit when taken individually, it must also increase the on-budget deficit or cause an on-budget deficit when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline under paragraph (5)(A), except that direct spending or revenue effects resulting in net deficit reduction enacted pursuant to reconciliation instructions since the beginning of that same calendar year shall not be available.
Inserted: (b) Waiver.--This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.
Inserted: (c) Appeals.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.
Inserted: (d) Determination of Budget Levels.--For purposes of this section, the levels of new budget authority, outlays, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.
Inserted: (e) Sunset.--This section shall expire on September 30, 2017.
Inserted: (f) Repeal.--In the Senate, subsection (a) through (d) of section 201 of S. Con. Res. 21 (110th Congress) shall no longer apply.
Original wording
On page 30, after line 23 insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 4356. Mr. GREGG submitted an amendment intended to be proposed by him to the concurrent resolution S. Con. Res. 70, setting forth the congressional budget for the United States Government for fiscal year 2009 and including the appropriate budgetary levels for fiscal years 2008 and 2010 through 2013; which was ordered to lie on the table; as follows:
On page 30, after line 23 insert the following:
SEC.__. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.
(a) Point of Order.--It shall not be in order in the Senate to consider any direct spending or revenue legislation that would increase the on-budget deficit or cause an on-budget deficit for any one of the three applicable time periods as measured in paragraphs (5) and (6).
(2) Applicable time periods.--For purposes of this subsection, the term “applicable time period” means any 1 of the 3 following periods:
(A) The first year covered by the most recently adopted concurrent resolution on the budget.
(B) The period of the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget.
(C) The period of the 5 fiscal years following the first 5 fiscal years covered in the most recently adopted concurrent resolution on the budget.
(3) Direct-spending legislation.--For purposes of this subsection and except as provided in paragraph (4), the term “direct-spending legislation” means any bill, joint resolution, amendment, motion, or conference report that affects direct spending as that term is defined by, and interpreted for purposes of, the Balanced Budget and Emergency Deficit Control Act of 1985.
(4) Exclusion.--For purposes of this subsection, the terms “direct-spending legislation” and “revenue legislation” do not include--
(A) any concurrent resolution on the budget; or
(B) any provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of enactment of the Budget Enforcement Act of 1990.
(5) Baseline.--Estimates prepared pursuant to this section shall--
(A) use the baseline surplus or deficit used for the most recently adopted concurrent resolution on the budget as adjusted for any changes in revenues or direct spending assumed by such resolution; and
(B) be calculated consistent with the requirements of subsections (b) through (d) of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal years beyond those covered by that concurrent resolution on the budget.
(6) Prior surplus.--If direct spending or revenue legislation increases the on-budget deficit or causes an on-budget deficit when taken individually, it must also increase the on-budget deficit or cause an on-budget deficit when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline under paragraph (5)(A), except that direct spending or revenue effects resulting in net deficit reduction enacted pursuant to reconciliation instructions since the beginning of that same calendar year shall not be available.
(b) Waiver.--This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.
(c) Appeals.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section.
(d) Determination of Budget Levels.--For purposes of this section, the levels of new budget authority, outlays, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.
(e) Sunset.--This section shall expire on September 30, 2017.
(f) Repeal.--In the Senate, subsection (a) through (d) of section 201 of S. Con. Res. 21 (110th Congress) shall no longer apply.
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Senate amendment submitted
March 13, 2008