S.Amdt. 4300Senate111th Congress (2009-2011)2nd degree

To establish an expedited procedure for consideration of a bill returning spending levels to 2007 levels.

Submitted June 7, 2010

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Considered by Senate. (consideration: CR S5305)

June 23, 2010

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Considered by Senate. (consideration: CR S5305)

June 23, 2010

Floor

SA 4300 fell when the motion to concur in the House amendment to the Senate amendment to the bill (HR 4213) with an amendment (SA 4369) tabled.

June 23, 2010

Floor

Senate amendment proposed (on the floor): Amendment SA 4300 proposed by Senator LeMieux to Amendment SA 4369.(consideration: CR S5082-5084)

June 17, 2010

Floor

Amendment SA 4300 proposed by Senator LeMieux to Amendment SA 4369. (consideration: CR S5082-5084) To establish an expedited procedure for consideration of a bill returning spending levels to 2007 levels.

June 17, 2010

Floor

Senate amendment submitted

June 7, 2010

Text

Submitted

SA 4300. Mr. LeMIEUX submitted an amendment intended to be proposed
by him to the bill H.R. 4213, to amend the Internal Revenue Code of
1986 to extend certain expiring provisions, and for other purposes;
which was ordered to lie ont he table; as follows:

At the end of the bill, add the following:

TITLE __--RETURNING SPENDING LEVELS TO 2007 LEVELS

SEC. __01. EXPEDITED CONSIDERATION.

(a) 2007 Spending Bill.--For purposes of this title, 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 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

[[Page S4626]]

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

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