To establish 3 year discretionary spending caps.

SA 4303. Mr. SESSIONS (for himself and Mrs. McCaskill) proposed an
amendment to amendment SA 4301 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:

At the end of the amendment, insert the following:

SEC. ___. DISCRETIONARY SPENDING LIMITS.

(a) Point of Order.--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, $540,116,000,000 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, $543,790,000,000 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, $551,498,000,000 in budget
authority.
(4) With respect to fiscal years following 2013, 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, or 2013, 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; and
(iii) with respect to fiscal year 2013, $50,000,000,000 in
new budget authority.
(B) Internal revenue service tax enforcement.--
(i) In general.--If a bill or joint resolution is reported
making appropriations for fiscal year 2011, 2012, or 2013,
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, and for fiscal year 2013,
$7,315,000,000.
(II) For fiscal year 2011, $899,000,000, for fiscal year
2012, and $908,000,000, for fiscal year 2013, $917,000,000.

(C) Continuing disability reviews and ssi
redeterminations.--
(i) In general.--If a bill or joint resolution is reported
making appropriations for fiscal year 2011, 2012, or 2013
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, and for fiscal year 2013, $281,000,000.
(II) For fiscal year 2011, $490,000,000; for fiscal year
2012, and $495,000,000; for fiscal year 2013, $500,000,000.

(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, and for fiscal year 2013,
$35,030,000.

(D) Health care fraud and abuse.--
(i) In general.--If a bill or joint resolution is reported
making appropriations for fiscal year 2011, 2012, or 2013
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, and for fiscal year 2013, $320,000,000.
(E) Unemployment insurance improper payment reviews.--If a
bill or joint resolution is reported making appropriations
for fiscal year 2011, 2012, or 2013 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;
(ii) with respect to fiscal year 2012, $51,000,000 in new
budget authority; and
(iii) with respect to fiscal year 2013, $52,000,000 in new
budget authority.
(F) Low-income home energy assistance program (liheap).--If
a bill or joint resolution is reported making appropriations
for fiscal year 2011, 2012, or 2013 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.--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

[[Page S4698]]

shall not count for purposes of this section, sections 302
and 311 of this Act, section 201 of S. Con. Res. 21 (110th
Congress) (relating to pay-as-you-go), section 311 of S. Con.
Res. 70 (110th Congress) (relating to long-term deficits),
and section 404 of S. Con. Res. 13 (111th Congress).
(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 subsections (a)-(e) 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.
(g) Limitations on Changes to this Section.--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 section.
______