In the nature of a substitute.

SA 882. Mr. McCAIN (for himself, Mr. Coburn, Mr. Graham, and Mrs.
Hutchison) submitted an amendment intended to be proposed by him to the
concurrent resolution S. Con. Res. 13, setting forth the congressional
budget for the United States Government for fiscal year 2010, revising
the appropriate budgetary levels for fiscal year 2009, and setting
forth the appropriate budgetary levels for fiscal years 2011 through
2014; which was ordered to lie on the table; as follows:

Strike all after the resolving clause and insert the
following:

SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL
YEAR 2010.

(a) Declaration.--Congress declares that this resolution is
the concurrent resolution on the budget for fiscal year 2010
and that this resolution sets forth the appropriate budgetary
levels for fiscal years 2009 and 2011 through 2019.
(b) Table of Contents.--The table of contents for this
concurrent resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2010.

TITLE I--RECOMMENDED LEVELS AND AMOUNTS

Sec. 101. Recommended levels and amounts.
Sec. 102. Social Security.
Sec. 103. Major functional categories.

TITLE II--RESERVE FUNDS

Sec. 201. Deficit-reducing reserve funds for entitlement commissions--
Social Security and Medicare & Medicaid.
Sec. 202. Sense of the Senate to protect seniors.
Sec. 203. Deficit-neutral reserve fund for comprehensive healthcare
reform.
Sec. 204. Deficit neutral reserve fund for America's veterans and
wounded servicemembers.
Sec. 205. Deficit-neutral reserve fund for energy security.
Sec. 206. Deficit-neutral reserve fund for tax code modernization.
Sec. 207. Deficit-neutral reserve fund for defense acquisition and
contracting reform.
Sec. 208. Deficit-neutral reserve fund for a bipartisan, comprehensive
investigation into the current financial crisis.

TITLE III--BUDGET PROCESS

Subtitle A--Budget Enforcement

Sec. 301. Discretionary spending limits, program integrity initiatives,
and other adjustments.
Sec. 302. Point of order against advance appropriations.
Sec. 303. Emergency legislation.
Sec. 304. Point of order against legislation increasing short-term
deficit.

Subtitle B--Other Provisions

Sec. 311. Oversight of government performance.
Sec. 312. Budgetary treatment of certain discretionary administrative
Expenses.
Sec. 313. Application and effect of changes in allocations and
aggregates.
Sec. 314. Adjustments to reflect changes in concepts and definitions.
Sec. 315. Exercise of rulemaking powers.
Sec. 316. Cost estimates for conference reports and other measures.
Sec. 317. Limitation on long-term spending proposals
Sec. 318. Revenues collected from closing the tax gap are used only for
debt reduction.
Sec. 319. Point of order to save Social Security first.
Sec. 320. Point of order against a budget resolution containing a debt-
held-by the--Public-to-GDP ratio that exceeds 65%.
Sec. 321. Point of order against a budget resolution containing deficit
levels Exceeding 8% of GDP.

TITLE I--RECOMMENDED LEVELS AND AMOUNTS

SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.

The following budgetary levels are appropriate for each of
fiscal years 2009 through 2014:
(1) Federal Revenues.--For purposes of the enforcement of
this resolution:
(A) The recommended levels of Federal revenues are as
follows:
Fiscal year 2009: $2,186,000,000,000
Fiscal year 2010: $2,332,000,000,000
Fiscal year 2011: $2,651,000,000,000
Fiscal year 2012: $2,858,000,000,000
Fiscal year 2013: $3,025,000,000,000
Fiscal year 2014: $3,166,000,000,000
Fiscal year 2015: $3,329,000,000,000
Fiscal year 2016: $3,470,000,000,000
Fiscal year 2017: $3,625,000,000,000
Fiscal year 2018: $3,771,000,000,000
Fiscal year 2019: $3,923,000,000,000
(B) The amounts by which the aggregate levels of Federal
revenues should be changed are as follows:
Fiscal year 2009: $0
Fiscal year 2010: $-3,000,000,000
Fiscal year 2011: $-132,000,000,000
Fiscal year 2012: $-228,000,000,000
Fiscal year 2013: $-257,000,000,000
Fiscal year 2014: $-269,000,000,000
Fiscal year 2015: $-280,000,000,000
Fiscal year 2016: $-291,000,000,000
Fiscal year 2017: $-302,000,000,000
Fiscal year 2018: $-313,000,000,000
Fiscal year 2019: $-325,000,000,000
(2) New budget authority.--For purposes of the enforcement
of this resolution, the appropriate levels of total new
budget authority are as follows:
Fiscal year 2009: $4,193,877,000,000
Fiscal year 2010: $3,394,550,000,000
Fiscal year 2011: $3,310,202,000,000
Fiscal year 2012: $3,311,270,000,000
Fiscal year 2013: $3,486,786,000,000
Fiscal year 2014: $3,661,286,000,000
Fiscal year 2015: $3,810,805,000,000
Fiscal year 2016: $3,995,116,000,000
Fiscal year 2017: $4,135,327,000,000
Fiscal year 2018: $4,290,116,000,000
Fiscal year 2019: $4,402,012,000,000
(3) Budget outlays.--For purposes of the enforcement of
this resolution, the appropriate levels of total budget
outlays are as follows:
Fiscal year 2009: $3,878,339,000,000
Fiscal year 2010: $3,521,269,000,000
Fiscal year 2011: $3,499,706,000,000
Fiscal year 2012: $3,360,164,000,000
Fiscal year 2013: $3,501,902,000,000
Fiscal year 2014: $3,649,795,000,000
Fiscal year 2015: $3,788,924,000,000
Fiscal year 2016: $3,973,146,000,000
Fiscal year 2017: $4,105,805,000,000
Fiscal year 2018: $4,254,933,000,000
Fiscal year 2019: $4,370,163,000,000
(4) Deficits.--For purposes of the enforcement of this
resolution, the amounts of the deficits are as follows:
Fiscal year 2009: -$1,693,000,000,000
Fiscal year 2010: -$1,190,000,000,000
Fiscal year 2011: -$798,000,000,000
Fiscal year 2012: -$502,000,000,000
Fiscal year 2013: -$477,000,000,000
Fiscal year 2014: -$484,000,000,000
Fiscal year 2015: -$459,000,000,000
Fiscal year 2016: -$503,000,000,000
Fiscal year 2017: -$481,000,000,000
Fiscal year 2018: -$484,000,000,000
Fiscal year 2019: -$448,000,000,000
(5) Public debt.--Pursuant to section 301(a)(5) of the
Congressional Budget Act of 1974, the appropriate levels of
the public debt are as follows:
Fiscal year 2009: $11,836,000,000,000
Fiscal year 2010: $13,255,000,000,000
Fiscal year 2011: $14,321,000,000,000
Fiscal year 2012: $15,194,000,000,000
Fiscal year 2013: $16,074,000,000,000
Fiscal year 2014: $16,943,000,000,000
Fiscal year 2015: $17,774,000,000,000
Fiscal year 2016: $18,630,000,000,000
Fiscal year 2017: $19,470,000,000,000
Fiscal year 2018: $20,318,000,000,000
Fiscal year 2019: $21,093,000,000,000
(6) Debt held by the public.--The appropriate levels of
debt held by the public are as follows:
Fiscal year 2009: $7,496,000,000,000
Fiscal year 2010: $8,686,000,000,000
Fiscal year 2011: $9,484,000,000,000
Fiscal year 2012: $9,986,000,000,000
Fiscal year 2013: $10,464,000,000,000
Fiscal year 2014: $10,948,000,000,000
Fiscal year 2015: $11,407,000,000,000
Fiscal year 2016: $11,910,000,000,000
Fiscal year 2017: $12,391,000,000,000
Fiscal year 2018: $12,875,000,000,000
Fiscal year 2019: $13,323,000,000,000

SEC. 102. SOCIAL SECURITY.

(a) Social Security Revenues.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of revenues of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 2009: $654,000,000,000
Fiscal year 2010: $682,000,000,000
Fiscal year 2011: $719,000,000,000
Fiscal year 2012: $756,000,000,000
Fiscal year 2013: $803,000,000,000
Fiscal year 2014: $842,000,000,000
Fiscal year 2015: $879,000,000,000
Fiscal year 2016: $925,000,000,000
Fiscal year 2017: $962,000,000,000
Fiscal year 2018: $1,004,000,000,000
Fiscal year 2019: $1,048,000,000,000
(b) Social Security Outlays.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of outlays of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 2009: $662,000,000,000
Fiscal year 2010: $695,000,000,000
Fiscal year 2011: $721,000,000,000
Fiscal year 2012: $749,000,000,000
Fiscal year 2013: $790,000,000,000
Fiscal year 2014: $839,000,000,000
Fiscal year 2015: $891,000,000,000
Fiscal year 2016: $948,000,000,000
Fiscal year 2017: $1,008,000,000,000
Fiscal year 2018: $1,072,000,000,000
Fiscal year 2019: $1,141,000,000,000

SEC. 103. MAJOR FUNCTIONAL CATEGORIES.

Congress determines and declares that the appropriate
levels of new budget authority and outlays for fiscal years
2009 through 2019 for each major functional category are:
(1) National defense (050):
Fiscal year 2009:
(A) New budget authority, $689,926,000,000
(B) Outlays, $666,842,000,000
Fiscal year 2010:
(A) New budget authority, $686,128,000,000

[[Page S4214]]

(B) Outlays, $689,963,000,000
Fiscal year 2011:
(A) New budget authority, $614,923,000,000
(B) Outlays, $657,207,000,000
Fiscal year 2012:
(A) New budget authority, $623,612,000,000
(B) Outlays, $637,011,000,000
Fiscal year 2013:
(A) New budget authority, $634,421,000,000
(B) Outlays, $636,332,000,000
Fiscal year 2014:
(A) New budget authority, $648,249,000,000
(B) Outlays, $641,632,000,000
Fiscal year 2015:
(A) New budget authority, $663,159,000,000
(B) Outlays, $653,234,000,000
Fiscal year 2016:
(A) New budget authority, $678,149,000,000
(B) Outlays, $671,890,000,000
Fiscal year 2017:
(A) New budget authority, $694,153,000,000
(B) Outlays, $683,256,000,000
Fiscal year 2018:
(A) New budget authority, $709,147,000,000
(B) Outlays, $693,789,000,000
Fiscal year 2019:
(A) New budget authority, $726,167,000,000
(B) Outlays, $714,089,000,000
(2) International affairs (150):
Fiscal year 2009:
(A) New budget authority, $57,114,000,000
(B) Outlays, $41,514,000,000
Fiscal year 2010:
(A) New budget authority, $42,847,000,000
(B) Outlays, $43,622,000,000
Fiscal year 2011:
(A) New budget authority, $43,167,000,000
(B) Outlays, $43,897,000,000
Fiscal year 2012:
(A) New budget authority, $43,473,000,000
(B) Outlays, $43,985,000,000
Fiscal year 2013:
(A) New budget authority, $43,759,000,000
(B) Outlays, $43,911,000,000
Fiscal year 2014:
(A) New budget authority, $44,214,000,000
(B) Outlays, $43,866,000,000
Fiscal year 2015:
(A) New budget authority, $44,847,000,000
(B) Outlays, $44,257,000,000
Fiscal year 2016:
(A) New budget authority, $45,621,000,000
(B) Outlays, $44,870,000,000
Fiscal year 2017:
(A) New budget authority, $46,430,000,000
(B) Outlays, $45,575,000,000
Fiscal year 2018:
(A) New budget authority, $47,211,000,000
(B) Outlays, $46,301,000,000
Fiscal year 2019:
(A) New budget authority, $48,084,000,000
(B) Outlays, $47,105,000,000
(3) General Science, Space, and Technology (250):
Fiscal year 2009:
(A) New budget authority, $35,264,000,000
(B) Outlays, $30,855,000,000
Fiscal year 2010:
(A) New budget authority, $29,780,000,000
(B) Outlays, $31,707,000,000
Fiscal year 2011:
(A) New budget authority, $30,007,000,000
(B) Outlays, $31,161,000,000
Fiscal year 2012:
(A) New budget authority, $30,231,000,000
(B) Outlays, $30,214,000,000
Fiscal year 2013:
(A) New budget authority, $30,432,000,000
(B) Outlays, $30,312,000,000
Fiscal year 2014:
(A) New budget authority, $30,758,000,000
(B) Outlays, $30,584,000,000
Fiscal year 2015:
(A) New budget authority, $30,703,000,000
(B) Outlays, $30,417,000,000
Fiscal year 2016:
(A) New budget authority, $31,748,000,000
(B) Outlays, $31,359,000,000
Fiscal year 2017:
(A) New budget authority, $32,319,000,000
(B) Outlays, $31,984,000,000
Fiscal year 2018:
(A) New budget authority, $32,872,000,000
(B) Outlays, $32,446,000,000
Fiscal year 2019:
(A) New budget authority, $33,484,000,000
(B) Outlays, $33,028,000,000
(4) Energy (270):
Fiscal year 2009:
(A) New budget authority, $44,998,000,000
(B) Outlays, $5,350,000,000
Fiscal year 2010:
(A) New budget authority, $5,568,000,000
(B) Outlays, $8,974,000,000
Fiscal year 2011:
(A) New budget authority, $5,582,000,000
(B) Outlays, $11,303,000,000
Fiscal year 2012:
(A) New budget authority, $5,459,000,000
(B) Outlays, $11,999,000,000
Fiscal year 2013:
(A) New budget authority, $5,319,000,000
(B) Outlays, $7,091,000,000
Fiscal year 2014:
(A) New budget authority, $5,175,000,000
(B) Outlays, $2,082,000,000
Fiscal year 2015:
(A) New budget authority, $5,212,000,000
(B) Outlays, $3,214,000,000
Fiscal year 2016:
(A) New budget authority, $5,325,000,000
(B) Outlays, $3,512,000,000
Fiscal year 2017:
(A) New budget authority, $5,478,000,000
(B) Outlays, $3,765,000,000
Fiscal year 2018:
(A) New budget authority, $5,567,000,000
(B) Outlays, $3,905,000,000
Fiscal year 2019:
(A) New budget authority, $5,595,000,000
(B) Outlays, $4,502,000,000
(5) Natural Resources and Environment (300):
Fiscal year 2009:
(A) New budget authority, $54,596,000,000
(B) Outlays, $36,252,000,000
Fiscal year 2010:
(A) New budget authority, $35,085,000,000
(B) Outlays, $38,866,000,000
Fiscal year 2011:
(A) New budget authority, $35,772,000,000
(B) Outlays, $37,713,000,000
Fiscal year 2012:
(A) New budget authority, $35,952,000,000
(B) Outlays, $36,983,000,000
Fiscal year 2013:
(A) New budget authority, $36,160,000,000
(B) Outlays, $36,478,000,000
Fiscal year 2014:
(A) New budget authority, $36,465,000,000
(B) Outlays, $36,631,000,000
Fiscal year 2015:
(A) New budget authority, $36,714,000,000
(B) Outlays, $36,712,000,000
Fiscal year 2016:
(A) New budget authority, $37,002,000,000
(B) Outlays, $36,845,000,000
Fiscal year 2017:
(A) New budget authority, $37,312,000,000
(B) Outlays, $36,917,000,000
Fiscal year 2018:
(A) New budget authority, $37,602,000,000
(B) Outlays, $36,923,000,000
Fiscal year 2019:
(A) New budget authority, $37,952,000,000
(B) Outlays, $37,215,000,000
(6) Agriculture (350):
Fiscal year 2009:
(A) New budget authority, $6,349,000,000
(B) Outlays, $6,111,000,000
Fiscal year 2010:
(A) New budget authority, $6,131,000,000
(B) Outlays, $6,217,000,000
Fiscal year 2011:
(A) New budget authority, $6,150,000,000
(B) Outlays, $6,133,000,000
Fiscal year 2012:
(A) New budget authority, $6,205,000,000
(B) Outlays, $6,159,000,000
Fiscal year 2013:
(A) New budget authority, $6,261,000,000
(B) Outlays, $6,207,000,000
Fiscal year 2014:
(A) New budget authority, $6,319,000,000
(B) Outlays, $6,261,000,000
Fiscal year 2015:
(A) New budget authority, $6,359,000,000
(B) Outlays, $6,275,000,000
Fiscal year 2016:
(A) New budget authority, $6,402,000,000
(B) Outlays, $6,312,000,000
Fiscal year 2017:
(A) New budget authority, $6,455,000,000
(B) Outlays, $6,345,000,000
Fiscal year 2018:
(A) New budget authority, $6,507,000,000
(B) Outlays, $6,401,000,000
Fiscal year 2019:
(A) New budget authority, $6,601,000,000
(B) Outlays, $6,532,000,000
(7) Commerce and Housing Credit (370):
Fiscal year 2009:
(A) New budget authority, $13,216,000,000
(B) Outlays, $6,253,000,000
Fiscal year 2010:
(A) New budget authority, $6,197,000,000
(B) Outlays, $8,977,000,000
Fiscal year 2011:
(A) New budget authority, $6,055,000,000
(B) Outlays, $6,847,000,000
Fiscal year 2012:
(A) New budget authority, $6,097,000,000
(B) Outlays, $7,436,000,000
Fiscal year 2013:
(A) New budget authority, $5,982,000,000
(B) Outlays, $7,180,000,000
Fiscal year 2014:
(A) New budget authority, $5,909,000,000
(B) Outlays, $6,250,000,000
Fiscal year 2015:
(A) New budget authority, $5,860,000,000
(B) Outlays, $5,915,000,000
Fiscal year 2016:
(A) New budget authority, $5,855,000,000
(B) Outlays, $5,748,000,000
Fiscal year 2017:
(A) New budget authority, $5,839,000,000
(B) Outlays, $5,730,000,000
Fiscal year 2018:
(A) New budget authority, $5,814,000,000
(B) Outlays, $5,701,000,000
Fiscal year 2019:
(A) New budget authority, $5,793,000,000
(B) Outlays, $5,675,000,000
(8) Transportation (400):
Fiscal year 2009:
(A) New budget authority, $79,061,000,000
(B) Outlays, $85,668,000,000
Fiscal year 2010:
(A) New budget authority, $30,312,000,000
(B) Outlays, $92,847,000,000
Fiscal year 2011:
(A) New budget authority, $30,717,000,000
(B) Outlays, $93,051,000,000
Fiscal year 2012:
(A) New budget authority, $31,140,000,000
(B) Outlays, $92,082,000,000
Fiscal year 2013:
(A) New budget authority, $31,544,000,000
(B) Outlays, $92,110,000,000
Fiscal year 2014:
(A) New budget authority, $32,105,000,000
(B) Outlays, $92,296,000,000
Fiscal year 2015:
(A) New budget authority, $32,806,000,000
(B) Outlays, $91,863,000,000
Fiscal year 2016:
(A) New budget authority, $33,656,000,000
(B) Outlays, $90,792,000,000
Fiscal year 2017:
(A) New budget authority, $34,545,000,000
(B) Outlays, $90,908,000,000
Fiscal year 2018:

[[Page S4215]]

(A) New budget authority, $35,432,000,000
(B) Outlays, $92,372,000,000
Fiscal year 2019:
(A) New budget authority, $36,385,000,000
(B) Outlays, $93,932,000,000
(9) Community and Regional Development (450):
Fiscal year 2009:
(A) New budget authority, $23,006,000,000
(B) Outlays, $26,252,000,000
Fiscal year 2010:
(A) New budget authority, $14,959,000,000
(B) Outlays, $26,337,000,000
Fiscal year 2011:
(A) New budget authority, $15,070,000,000
(B) Outlays, $24,669,000,000
Fiscal year 2012:
(A) New budget authority, $15,179,000,000
(B) Outlays, $21,493,000,000
Fiscal year 2013:
(A) New budget authority, $15,277,000,000
(B) Outlays, $18,981,000,000
Fiscal year 2014:
(A) New budget authority, $15,435,000,000
(B) Outlays, $17,445,000,000
Fiscal year 2015:
(A) New budget authority, $15,662,000,000
(B) Outlays, $16,156,000,000
Fiscal year 2016:
(A) New budget authority, $15,932,000,000
(B) Outlays, $15,504,000,000
Fiscal year 2017:
(A) New budget authority, $16,215,000,000
(B) Outlays, $15,664,000,000
Fiscal year 2018:
(A) New budget authority, $16,481,000,000
(B) Outlays, $15,911,000,000
Fiscal year 2019:
(A) New budget authority, $16,787,000,000
(B) Outlays, $16,153,000,000
(10) Education, Training, Employment, and Social Services
(500):
Fiscal year 2009:
(A) New budget authority, $188,508,000,000
(B) Outlays, $94,814,000,000
Fiscal year 2010:
(A) New budget authority, $89,417,000,000
(B) Outlays, $138,899,000,000
Fiscal year 2011:
(A) New budget authority, $90,007,000,000
(B) Outlays, $127,810,000,000
Fiscal year 2012:
(A) New budget authority, $90,588,000,000
(B) Outlays, $98,331,000,000
Fiscal year 2013:
(A) New budget authority, $91,092,000,000
(B) Outlays, $94,666,000,000
Fiscal year 2014:
(A) New budget authority, $91,948,000,000
(B) Outlays, $94,142,000,000
Fiscal year 2015:
(A) New budget authority, $93,164,000,000
(B) Outlays, $95,075,000,000
Fiscal year 2016:
(A) New budget authority, $94,657,000,000
(B) Outlays, $96,402,000,000
Fiscal year 2017:
(A) New budget authority, $96,235,000,000
(B) Outlays, $97,938,000,000
Fiscal year 2018:
(A) New budget authority, $97,739,000,000
(B) Outlays, $99,507,000,000
Fiscal year 2019:
(A) New budget authority, $99,415,000,000
(B) Outlays, $101,130,000,000
(11) Health (550):
(A) New budget authority, $75,483,000,000
(B) Outlays, $57,635,000,000
Fiscal year 2010:
(A) New budget authority, $56,948,000,000
(B) Outlays, $64,243,000,000
Fiscal year 2011:
(A) New budget authority, $57,413,000,000
(B) Outlays, $62,603,000,000
Fiscal year 2012:
(A) New budget authority, $57,881,000,000
(B) Outlays, $59,451,000,000
Fiscal year 2013:
(A) New budget authority, $58,305,000,000
(B) Outlays, $57,913,000,000
Fiscal year 2014:
(A) New budget authority, $58,971,000,000
(B) Outlays, $58,176,000,000
Fiscal year 2015:
(A) New budget authority, $59,879,000,000
(B) Outlays, $58,713,000,000
Fiscal year 2016:
(A) New budget authority, $60,974,000,000
(B) Outlays, $59,583,000,000
Fiscal year 2017:
(A) New budget authority, $62,124,000,000
(B) Outlays, $60,662,000,000
Fiscal year 2018:
(A) New budget authority, $63,242,000,000
(B) Outlays, $61,727,000,000
Fiscal year 2019:
(A) New budget authority, $64,465,000,000
(B) Outlays, $62,697,000,000
(12) Medicare (570):
Fiscal year 2009:
(A) New budget authority, $5,390,000,000
(B) Outlays, $5,255,000,000
Fiscal year 2010:
(A) New budget authority, $5,595,000,000
(B) Outlays, $5,566,000,000
Fiscal year 2011:
(A) New budget authority, $5,819,000,000
(B) Outlays, $5,781,000,000
Fiscal year 2012:
(A) New budget authority, $5,852,000,000
(B) Outlays, $5,828,000,000
Fiscal year 2013:
(A) New budget authority, $5,893,000,000
(B) Outlays, $5,855,000,000
Fiscal year 2014:
(A) New budget authority, $5,927,000,000
(B) Outlays, $5,920,000,000
Fiscal year 2015:
(A) New budget authority, $5,967,000,000
(B) Outlays, $5,935,000,000
Fiscal year 2016:
(A) New budget authority, $6,004,000,000
(B) Outlays, $5,955,000,000
Fiscal year 2017:
(A) New budget authority, $6,035,000,000
(B) Outlays, $5,962,000,000
Fiscal year 2018:
(A) New budget authority, $6,065,000,000
(B) Outlays, $5,975,000,000
Fiscal year 2019:
(A) New budget authority, $6,085,000,000
(B) Outlays, $5,992,000,000
(13) Income Security (600):
Fiscal year 2009:
(A) New budget authority, $74,067,000,000
(B) Outlays, $64,056,000,000
Fiscal year 2010:
(A) New budget authority, $62,365,000,000
(B) Outlays, $67,580,000,000
Fiscal year 2011:
(A) New budget authority, $62,275,000,000
(B) Outlays, $67,880,000,000
Fiscal year 2012:
(A) New budget authority, $62,540,000,000
(B) Outlays, $66,271,000,000
Fiscal year 2013:
(A) New budget authority, $62,803,000,000
(B) Outlays, $65,341,000,000
Fiscal year 2014:
(A) New budget authority, $63,328,000,000
(B) Outlays, $64,169,000,000
Fiscal year 2015:
(A) New budget authority, $64,221,000,000
(B) Outlays, $64,804,000,000
Fiscal year 2016:
(A) New budget authority, $65,362,000,000
(B) Outlays, $65,660,000,000
Fiscal year 2017:
(A) New budget authority, $66,561,000,000
(B) Outlays, $66,690,000,000
Fiscal year 2018:
(A) New budget authority, $67,716,000,000
(B) Outlays, $67,735,000,000
Fiscal year 2019:
(A) New budget authority, $68,976,000,000
(B) Outlays, $68,840,000,000
(14) Social Security (650):
Fiscal year 2009:
(A) New budget authority, $6,386,000,000
(B) Outlays, $5,479,000,000
Fiscal year 2010:
(A) New budget authority, $5,460,000,000
(B) Outlays, $5,549,000,000
Fiscal year 2011:
(A) New budget authority, $5,545,000,000
(B) Outlays, $5,655,000,000
Fiscal year 2012:
(A) New budget authority, $5,630,000,000
(B) Outlays, $5,763,000,000
Fiscal year 2013:
(A) New budget authority, $5,716,000,000
(B) Outlays, $5,849,000,000
Fiscal year 2014:
(A) New budget authority, $5,830,000,000
(B) Outlays, $5,809,000,000
Fiscal year 2015:
(A) New budget authority, $5,969,000,000
(B) Outlays, $5,942,000,000
Fiscal year 2016:
(A) New budget authority, $6,135,000,000
(B) Outlays, $6,103,000,000
Fiscal year 2017:
(A) New budget authority, $6,306,000,000
(B) Outlays, $6,271,000,000
Fiscal year 2018:
(A) New budget authority, $6,479,000,000
(B) Outlays, $6,443,000,000
Fiscal year 2019:
(A) New budget authority, $6,665,000,000
(B) Outlays, $6,627,000,000
(15) Veterans Benefits and Services (700):
Fiscal year 2009:
(A) New budget authority, $49,394,000,000
(B) Outlays, $46,757,000,000
Fiscal year 2010:
(A) New budget authority, $53,263,000,000
(B) Outlays, $52,474,000,000
Fiscal year 2011:
(A) New budget authority, $54,417,000,000
(B) Outlays, $53,972,000,000
Fiscal year 2012:
(A) New budget authority, $55,855,000,000
(B) Outlays, $55,487,000,000
Fiscal year 2013:
(A) New budget authority, $57,384,000,000
(B) Outlays, $56,932,000,000
Fiscal year 2014:
(A) New budget authority, $58,969,000,000
(B) Outlays, $58,519,000,000
Fiscal year 2015:
(A) New budget authority, $60,971,000,000
(B) Outlays, $59,265,000,000
Fiscal year 2016:
(A) New budget authority, $62,494,000,000
(B) Outlays, $61,978,000,000
Fiscal year 2017:
(A) New budget authority, $64,367,000,000
(B) Outlays, $63,067,000,000
Fiscal year 2018:
(A) New budget authority, $65,404,000,000
(B) Outlays, $65,012,000,000
Fiscal year 2019:
(A) New budget authority, $67,415,000,000
(B) Outlays, $65,345,000,000
(16) Administration of Justice (750):
Fiscal year 2009:
(A) New budget authority, $54,099,000,000
(B) Outlays, $48,018,000,000
Fiscal year 2010:
(A) New budget authority, $48,763,000,000
(B) Outlays, $49,470,000,000
Fiscal year 2011:
(A) New budget authority, $50,595,000,000
(B) Outlays, $51,525,000,000
Fiscal year 2012:
(A) New budget authority, $50,506,000,000
(B) Outlays, $51,416,000,000
Fiscal year 2013:
(A) New budget authority, $50,389,000,000
(B) Outlays, $51,428,000,000
Fiscal year 2014:
(A) New budget authority, $50,263,000,000

[[Page S4216]]

(B) Outlays, $50,466,000,000
Fiscal year 2015:
(A) New budget authority, $50,156,000,000
(B) Outlays, $49,725,000,000
Fiscal year 2016:
(A) New budget authority, $50,012,000,000
(B) Outlays, $49,250,000,000
Fiscal year 2017:
(A) New budget authority, $50,023,000,000
(B) Outlays, $49,366,000,000
Fiscal year 2018:
(A) New budget authority, $50,015,000,000
(B) Outlays, $49,501,000,000
Fiscal year 2019:
(A) New budget authority, $50,247,000,000
(B) Outlays, $46,565,000,000
(17) General Government (800):
Fiscal year 2009:
(A) New budget authority, $24,562,000,000
(B) Outlays, $18,861,000,000
Fiscal year 2010:
(A) New budget authority, $18,976,000,000
(B) Outlays, $19,896,000,000
Fiscal year 2011:
(A) New budget authority, $19,286,000,000
(B) Outlays, $20,181,000,000
Fiscal year 2012:
(A) New budget authority, $19,598,000,000
(B) Outlays, $20,541,000,000
Fiscal year 2013:
(A) New budget authority, $19,915,000,000
(B) Outlays, $20,781,000,000
Fiscal year 2014:
(A) New budget authority, $20,320,000,000
(B) Outlays, $20,662,000,000
Fiscal year 2015:
(A) New budget authority, $20,828,000,000
(B) Outlays, $20,951,000,000
Fiscal year 2016:
(A) New budget authority, $21,426,000,000
(B) Outlays, $21,366,000,000
Fiscal year 2017:
(A) New budget authority, $22,039,000,000
(B) Outlays, $21,854,000,000
Fiscal year 2018:
(A) New budget authority, $22,668,000,000
(B) Outlays, $22,427,000,000
Fiscal year 2019:
(A) New budget authority, $23,330,000,000
(B) Outlays, $22,873,000,000

TITLE II--RESERVE FUNDS

SEC. 201. DEFICIT-REDUCING RESERVE FUNDS FOR ENTITLEMENT
COMMISSIONS--SOCIAL SECURITY AND MEDICARE &
MEDICAID.

(a) The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that would provide
for a BRAC-like commission to review the current and long-
term solvency of Social Security and a BRAC-like commission
to review the current and long-term solvency of Medicare and
Medicaid, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2009 through 2014 or the period of the total of
fiscal years 2009 through 2019.
(b) These commissions will provide recommendations to
reduce mandatory spending by at least four percent over the
next five years, and seven percent over the next ten years.
(c) For the purposes of this Resolution, for individuals 55
or older, Medicare will not be changed (other than means
testing for high-income beneficiaries under the prescription
drug benefit under Part D).

SEC. 202. SENSE OF THE SENATE TO PROTECT SENIORS.

Sense of the Senate--It is the sense of the Senate that--
(a) This budget should preserve existing Medicare benefits
for those beneficiaries age 55 or older (other than means
testing for high-income beneficiaries under the Medicare
prescription drug benefit).
(b) To make the program sustainable and dependable--
(1) Those 54 and younger should be able to enroll in a new
Medicare Program with health coverage similar to what is now
available to Members of Congress and Federal employees; and
(2) Starting in 2021, seniors should receive support
payments based on income, so that low income seniors receive
extra support, and high income seniors receive support
relative to their incomes.

SEC. 203. DEFICIT-NEUTRAL RESERVE FUND FOR COMPREHENSIVE
HEALTHCARE REFORM.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that would address
health care costs, coverage, and care in the United States in
a manner that reduces the costs of health care, increases
access to health insurance, and improves the transparency of
the costs and quality for medical care, by the amounts
provided in such legislation for those purposes, provided
that such legislation would not increase the deficit over
either the period of the total of fiscal years 2009 through
2014 or the period of the total of fiscal years 2009 through
2019. The legislation may include tax provisions.

SEC. 204. DEFICIT-NEUTRAL RESERVE FUND FOR AMERICA'S VETERANS
AND WOUNDED SERVICEMEMBERS.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that would expand
the number of disabled military retirees who receive both
disability compensation and retired pay, accelerate the
phase-in of concurrent receipt, and eliminate the offset
between Survivor Benefit Plan annuities and Veteran's
Dependency and Indemnity Compensation, by the amounts
provided in such legislation for those purposes, provided
that such legislation would not increase the deficit over
either the period of the total of fiscal years 2009 through
2014 or the period of the total of fiscal years 2009 through
2019.

SEC. 205. DEFICIT-NEUTRAL RESERVE FUND FOR ENERGY SECURITY.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that promote
energy security activities including, but not limited to,
increasing funding for waste storage alternatives, advanced
technology assessment and deployment for clean coal and
carbon capture and storage, and clean energy deployment
including increasing the use of nuclear power and
refurbishing the transmission grid, and allowing loans under
the Department of Energy's Innovative Technology Loan
Guarantee Program of up to $50,000,000,000 for the
purposes of constructing nuclear power generating units,
by the amounts provided in such legislation for those
purposes, provided that such legislation would not
increase the deficit over either the period of the total
of fiscal years 2009 through 2014 or the period of the
total of fiscal years 2009 through 2019.

SEC. 206. DEFICIT-NEUTRAL RESERVE FUND FOR TAX CODE
MODERNIZATION.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that provide for
revenue-neutral income (including AMT revenue) and payroll
tax reform that makes the tax code fair, more pro-growth,
easier to administer, improves compliance and aids U.S.
international competitiveness, by the amounts provided in
such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2009 through 2014 or the
period of the total of fiscal years 2009 through 2019.

SEC. 207. DEFICIT-NEUTRAL RESERVE FUND FOR DEFENSE
ACQUISITION AND CONTRACTING REFORM.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that--
(1) enhance the capability of the Federal acquisition or
contracting workforce to achieve better value for taxpayers;
(2) reduce the use of no-bid and cost-plus contracts; or
(3) reform Department of Defense processes for acquiring
weapons systems in order to reduce costs, improve cost and
schedule estimation, enhance developmental testing of
weapons, or increase the rigor of reviews of programs that
experience critical cost growth;

by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2009 through 2014 or the period of the total of fiscal
years 2009 through 2019.

SEC. 208. DEFICIT-NEUTRAL RESERVE FUND FOR A BIPARTISAN,
COMPREHENSIVE INVESTIGATION INTO THE CURRENT
FINANCIAL CRISIS.

The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports for a select
senate committee to carry out a bipartisan, comprehensive
investigation into the underlying causes of the current
economic crisis, and recommend ways to avoid another crisis,
by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase
the deficit over either the period of the total of fiscal
years 2009 through 2014 or the period of the total of fiscal
years 2009 through 2019.

TITLE III--BUDGETARY PROCESS

Subtitle A--Budget Enforcement

SEC. 301. DISCRETIONARY SPENDING LIMITS, PROGRAM INTEGRITY
INITIATIVES, AND OTHER ADJUSTMENTS.

(a) Senate Point of Order.--
(1) In General.--Except as otherwise provided in this
section, it shall not be in order in the Senate to consider
any bill or joint resolution (or amendment, motion, or
conference report on that bill or joint resolution) that
would cause the discretionary spending limits in this section
to be exceeded.
(2) Supermajority Waiver and Appeals.--
(A) Waiver.--This subsection may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of
the Members, duly chosen and sworn.
(B) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection shall
be limited

[[Page S4217]]

to 1 hour, to be equally divided between, and controlled by,
the appellant and the manager of the bill or joint
resolution. 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 subsection.
(b) Senate Discretionary Spending Limits.--In the Senate
and as used in this section, the term ``discretionary
spending limit'' means--
(1) with respect to fiscal year 2009--
(A) for the defense category $689,926,000,000 in new budget
authority and $666,842,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $49,394,000,000
in new budget authority and $46,757,000,000 in outlays; and
(C) for the nondefense/non-VA category $742,099,000,000 in
new budget authority and $532,373,000,000 in outlays.
(2) with respect to fiscal year 2010--
(A) for the defense category $686,128,000,000 in new budget
authority and $689,963,000,000 in outlays, as adjusted in
conformance with the adjustment procedures in subsection (c);
(B) for the Veterans Affairs (VA) category $53,263,000,000
in new budget authority and $52,274,000,000 in outlays; as
adjusted in conformance with the adjustment procedures in
subsection (c); and
(C) for the nondefense category $458,515,000,000 in new
budget authority and $608,750,000,000 in outlays, as adjusted
in conformance with the adjustment procedures in subsection
(c).
(3) with respect to fiscal year 2011--
(A) for the defense category $614,293,000,000 in new budget
authority and $657,207,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $54,417,000,000
in new budget authority and $53,972,000,000 in outlays; and
(C) for the nondefense/non-VA category $463,460,000,000 in
new budget authority and $596,209,000,000 in outlays.
(4) with respect to fiscal year 2012--
(A) for the defense category $614,293,000,000 in new budget
authority and $657,207,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $54,417,000,000
in new budget authority and $53,972,000,000 in outlays; and
(C) for the nondefense/non-VA category $463,460,000,000 in
new budget authority and $596,209,000,000 in outlays.
(5) with respect to fiscal year 2013--
(A) for the defense category $634,421,000,000 in new budget
authority and $636,332,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $57,384,000,000
in new budget authority and $56,932,000,000 in outlays; and
(C) for the nondefense/non-VA category $468,849,000,000 in
new budget authority and $544,103,000,000 in outlays.
(6) with respect to fiscal year 2014--
(A) for the defense category $648,249,000,000 in new budget
authority and $641,632,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $58,969,000,000
in new budget authority and $58,515,000,000 in outlays; and
(C) for the nondefense/non-VA category $472,964,000,000 in
new budget authority and $534,759,000,000 in outlays.
(7) with respect to fiscal year 2015--
(A) for the defense category $663,159,000,000 in new budget
authority and $6653,234,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $60,971,000,000
in new budget authority and $59,265,000,000 in outlays; and
(C) for the nondefense/non-VA category $478,347,000,000 in
new budget authority and $535,954,000,000 in outlays.
(8) with respect to fiscal year 2016--
(A) for the defense category $678,149,000,000 in new budget
authority and $671,890,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $62,494,000,000
in new budget authority and $61,978,000,000 in outlays; and
(C) for the nondefense/non-VA category $486,111,000,000 in
new budget authority and $539,261,000,000 in outlays.
(9) with respect to fiscal year 2017--
(A) for the defense category $694,153,000,000 in new budget
authority and $683,256,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $64,367,000,000
in new budget authority and $63,067,000,000 in outlays; and
(C) for the nondefense/non-VA category $493,916,000,000 in
new budget authority and $545,501,000,000 in outlays.
(10) with respect to fiscal year 2018--
(A) for the defense category $709,147,000,000 in new budget
authority and $693,789,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $65,404,000,000
in new budget authority and $65,012,000,000; in outlays; and
(C) for the nondefense/non-VA category $501,500,000,000 in
new budget authority and $553,275,000,000 in outlays.
(11) with respect to fiscal year 2019--
(A) for the defense category $726,167,000,000 in new budget
authority and $714,089,000,000 in outlays;
(B) for the Veterans Affairs (VA) category $67,415,000,000
in new budget authority and $65,345,000,000 in outlays; and
(C) for the nondefense/non-VA category $509,864,000,000 in
new budget authority and $558,866,000,000 in outlays.
(c) Adjustments in the Senate.--
(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, budgetary
aggregates, 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 therefrom; 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) Adjustments to support ongoing overseas contingency
operations.--The Chairman of the Senate Committee on the
Budget may adjust the discretionary spending limits,
allocations to the Senate Committee on Appropriations, and
aggregates for one or more--
(A) bills reported by the Senate Committee on
Appropriations or passed by the House of Representatives;
(B) joint resolutions or amendments reported by the Senate
Committee on Appropriations;
(C) amendments between the Houses received from the House
of Representatives or Senate amendments offered by the
authority of the Senate Committee on Appropriations; or
(D) conference reports; making appropriations for fiscal
year 2010 for overseas contingency operations by the amounts
provided in such legislation for those purposes (and so
designated pursuant to this paragraph), up to
$130,000,000,000 in budget authority for fiscal year 2010 and
the new outlays flowing therefrom.
(3) Revised appropriations for fiscal year 2010.--
(A) In general.--If after adoption of this resolution by
the Congress, the Congressional Budget Office (CBO) re-
estimates the President's request for discretionary spending
in fiscal year 2010 at an aggregate level different from the
CBO preliminary estimate dated March 20, 2009, the Chairman
of the Senate Committee on the Budget may adjust the
discretionary spending limits, budgetary aggregates, and
allocations pursuant to section 302(a) of the Congressional
Budget Act of 1974 by the amount of budget authority and
outlays flowing therefrom, to reflect the difference
between such re-estimate and the CBO preliminary estimate
dated March 20, 2009.
(B) Suballocations.--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 paragraph.
(d) Inapplicability.--In the Senate, subsections (a), (b),
(c), and (d) of section 312 of S. Con. Res. 70 (110th
Congress) shall no longer apply.

SEC. 302. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.

(a) In general.--
(1) Point of order.--Except as provided in subsection (b),
it shall not be in order in the Senate to consider any bill,
joint resolution, motion, amendment, or conference report
that would provide an advance appropriation.
(2) Definition.--In this section, the term ``advance
appropriation'' means any new budget authority provided in a
bill or joint resolution making appropriations for fiscal
year 2010 that first becomes available for any fiscal year
after 2010, or any new budget authority provided in a bill or
joint resolution making general appropriations or continuing
appropriations for fiscal year 2011, that first becomes
available for any fiscal year after 2011.
(b) Exceptions.--Advance appropriations may be provided for
fiscal years 2011 and 2012 for programs, projects,
activities, or accounts identified in the joint explanatory
statement of managers accompanying this resolution under the
heading ``Accounts Identified for Advance Appropriations'' in
an aggregate amount not to exceed $28,852,000,000 in new
budget authority in each year.
(c) Supermajority Waiver and Appeal.--
(1) Waiver.--In the Senate, subsection (a) may be waived or
suspended only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(2) Appeal.--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 subsection (a).
(d) Form of Point of Order.--A point of order under
subsection (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 section, 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

[[Page S4218]]

amendment derived from such conference report by operation of
this subsection), no further amendment shall be in order.
(f) Inapplicability.--In the Senate, section 313 of S. Con.
Res. 70 (110th Congress) shall no longer apply.

SEC. 303. EMERGENCY LEGISLATION.

(a) 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 section.
(b) Exemption of Emergency Provisions.--Any new budget
authority, outlays, and receipts resulting from any provision
designated as an emergency requirement, pursuant to this
section, 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), section 311 of S. Con. Res. 70 (110th Congress)
(relating to long-term deficits), and sections 301 and 304 of
this resolution (relating to discretionary spending and
short-term deficits). Designated emergency provisions shall
not count for the purpose of revising allocations,
aggregates, or other levels pursuant to procedures
established under section 301(b)(7) of the Congressional
Budget Act of 1974 for deficit-neutral reserve funds and
revising discretionary spending limits set pursuant to
section 301 of this resolution.
(c) Designations.--If a provision of legislation is
designated as an emergency requirement under this section,
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
subsection (f).
(d) Definitions.--In this section, 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.
(e) Point of Order.--
(1) 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.
(2) Supermajority waiver and appeals.--
(A) Waiver.--Paragraph (1) may be waived or suspended in
the Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(B) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection 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
subsection.
(3) Definition of an emergency designation.--For purposes
of paragraph (1), a provision shall be considered an
emergency designation if it designates any item as an
emergency requirement pursuant to this subsection.
(4) Form of the point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
(5) 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 section, 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.
(f) Criteria.--
(1) In general.--For purposes of this section, any
provision is an emergency requirement if the situation
addressed by such provision is--
(A) necessary, essential, or vital (not merely useful or
beneficial);
(B) sudden, quickly coming into being, and not building up
over time;
(C) an urgent, pressing, and compelling need requiring
immediate action;
(D) subject to subparagraph (B), unforeseen, unpredictable,
and unanticipated; and
(E) not permanent, temporary in nature.
(2) Unforeseen.--An emergency that is part of an aggregate
level of anticipated emergencies, particularly when normally
estimated in advance, is not unforeseen.
(g) Inapplicability.--In the Senate, section 204(a) of S.
Con. Res. 21 (110th Congress), the concurrent resolution on
the budget for fiscal year 2008, shall no longer apply.

SEC. 304. POINT OF ORDER AGAINST LEGISLATION INCREASING
SHORT-TERM DEFICIT.

(a) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report (except measures within the jurisdiction of
the Committee on Appropriations) that would cause a net
increase in the deficit in excess of $10,000,000,000 in any
fiscal year provided for in the most recently adopted
concurrent resolution on the budget unless it is fully offset
over the period of all fiscal years provided for in the most
recently adopted concurrent resolution on the budget.
(b) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver.--This section may be waived or suspended only
by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of the
Members, 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.
(c) Determinations of Budget Levels.--For purposes of this
section, the levels shall be determined on the basis of
estimates provided by the Senate Committee on the Budget.
(d) Sunset.--This section shall expire on September 30,
2018.
(e) Inapplicability.--In the Senate, section 315 of S. Con.
Res. 70 (110th Congress), the concurrent resolution in the
budget for fiscal year 2009, shall no longer apply.

Subtitle B--Other Provisions

SEC. 311. OVERSIGHT OF GOVERNMENT PERFORMANCE.

In the Senate, all committees are directed to review
programs within their jurisdiction to root out waste, fraud,
and abuse in program spending, giving particular scrutiny to
issues raised by Government Accountability Office reports.
Based on these oversight efforts and committee performance
reviews of programs within their jurisdiction, committees are
directed to include recommendations for improved governmental
performance in their annual views and estimates reports
required under section 301(d) of the Congressional Budget Act
of 1974 to the Committees on the Budget.

SEC. 312. BUDGETARY TREATMENT OF CERTAIN DISCRETIONARY
ADMINISTRATIVE EXPENSES.

In the Senate, notwithstanding section 302(a)(1) of the
Congressional Budget Act of 1974, section 13301 of the Budget
Enforcement Act of 1990, and section 2009a of title 39,
United States Code, the joint explanatory statement
accompanying the conference report on any concurrent
resolution on the budget shall include in its allocations
under section 302(a) of the Congressional Budget Act of 1974
to the Committees on Appropriations amounts for the
discretionary administrative expenses of the Social Security
Administration and of the Postal Service.

SEC. 313. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS
AND AGGREGATES.

(a) Application.--Any adjustments of allocations and
aggregates made pursuant to this resolution shall--
(1) apply while that measure is under consideration;
(2) take effect upon the enactment of that measure; and
(3) be published in the Congressional Record as soon as
practicable.
(b) Effect of Changed Allocations and Aggregates.--Revised
allocations and aggregates resulting from these adjustments
shall be considered for the purposes of the Congressional
Budget Act of 1974 as allocations and aggregates contained in
this resolution.
(c) Budget Committee Determinations.--For purposes of this
resolution the levels of new budget authority, outlays,
direct spending, new entitlement authority, revenues,
deficits, and surpluses for a fiscal year or period of fiscal
years shall be determined on the basis of estimates made by
the Senate Committee on the Budget.

SEC. 314. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND
DEFINITIONS.

Upon the enactment of a bill or joint resolution providing
for a change in concepts or definitions, the Chairman of the
Senate Committee on the Budget may make adjustments to the
levels and allocations in this resolution in accordance
with section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (as in effect prior to
September 30, 2002).

SEC. 315. EXERCISE OF RULEMAKING POWERS.

Congress adopts the provisions of this title--
(1) as an exercise of the rulemaking power of the Senate,
and as such they shall be considered as part of the rules of
the Senate and such rules shall supersede other rules only to
the extent that they are inconsistent with such other rules;
and
(2) with full recognition of the constitutional right of
the Senate to change those rules at any time, in the same
manner, and to the same extent as is the case of any other
rule of the Senate.

SEC. 316. COST ESTIMATES FOR CONFERENCE REPORTS AND OTHER
MEASURES.

It shall not be in order to consider a conference report,
bill, or joint resolution unless

[[Page S4219]]

an estimate of costs has been printed in the Congressional
Record at least one day before its consideration.

SEC. 317. LIMITATION ON LONG-TERM SPENDING PROPOSALS

It shall not be in order to consider any bill or joint
resolution reported from a committee if such bill or
resolution is not accompanied by a cost estimate prepared by
the Congressional Budget Office on whether or not the measure
would cause a net increase in direct spending in excess of $5
billion in any of the four next five-year periods.

SEC. 318. REVENUES COLLECTED FROM CLOSING THE TAX GAP ARE
USED ONLY FOR DEBT REDUCTION.

(a) Special Scorekeeping Rule in the Senate.--
(1) Report to Budget Committee.--When a bill is cleared for
the President, the Congressional Budget Office (CBO),
pursuant to section 202 of the Congressional Budget Act of
1974, and the Joint Committee on Taxation shall inform the
Chairman of the Committee on the Budget if that measure
contains provisions that increase revenues from closing the
tax gap. The report shall include the amount of revenue
raised each year including the current year, the budget year,
and for each of the 10 years following the current year.
(2) Exclusion from pay-as-you-go scorecard.--Any revenue
raised from provisions to close the tax gap (as detailed in
the report described in (a)(1)) shall not count as offsets
for purposes of section 201 of S. Con. Res. 21, the FY 2008
Budget Resolution.
(b) Criteria and Definitions.--
(1) The tax gap is the difference between the revenue that
is owed to the federal government in accordance with existing
tax law and the revenue that is collected by the federal
government.
(2) The tax gap is a combination of inadvertent errors and
deliberate evasion.
(3) Revenues raised from changes to withholding or payment
reporting requirements are examples of efforts to close the
tax gap.
(4) The tax gap is not about clarifying existing law in
order to close loopholes, broadening the tax base, raising
tax rates, or any other action that would change existing tax
law.

SEC. 319. POINT OF ORDER TO SAVE SOCIAL SECURITY FIRST.

(a) Point of Order in the Senate.--It shall not be in order
in the Senate to consider any direct spending legislation
that would increase the on-budget deficit above the amounts
provided for in this resolution in any fiscal year until the
President submits legislation to Congress and Congress enacts
legislation which would restore 75-year solvency to the Old-
Age, Survivors, and Disability Insurance Trust Funds as
certified by the Social Security Administration actuaries.
(b) Supermajority Waiver and Appeal.--This section may be
waived or suspended in the Senate only by an affirmative vote
of three-fifths of the Members, duly chosen and sworn. An
affirmative vote of three-fifths of the Members of the
Senate, duly chosen and sworn, shall be required in the
Senate to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.

SEC. 320. POINT OF ORDER AGAINST A BUDGET RESOLUTION
CONTAINING A DEBT HELD BY THE PUBLIC-TO-GDP
RATIO THAT EXCEEDS 65%.

(a) In General.--It shall not be in order in the Senate to
consider a concurrent resolution on the budget for the budget
year or any amendment, amendment between Houses, motion, or
conference report thereon that contains a ratio of debt held
by the public-to-Gross Domestic Product which exceeds 65% in
any year covered by the budget resolution.
(b) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver--This section may be waived or suspended in the
Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of
the Chair on a point of order raised under this section.
(c) Determination of Debt Levels.--For purposes of this
section, the debt level shall be determined by the Chairman
of the Senate Committee on the Budget on the basis of
estimates provided by the Congressional Budget Office.

SEC. 321. POINT OF ORDER AGAINST A BUDGET RESOLUTION
CONTAINING DEFICIT LEVELS EXCEEDING 8% OF GDP.

(a) In General.--It shall not be in order in the Senate to
consider a concurrent resolution on the budget for the budget
year or any amendment, amendment between Houses, motion, or
conference report thereon that contains deficits as a
percentage of the Gross Domestic Product in excess of 8% in
any year covered by the budget resolution.
(b) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver.--This section may be waived or suspended in the
Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of
the Chair on a point of order raised under this section.
(c) Determination of Deficit Levels.--For purposes of this
section, the deficit as a percentage of Gross Domestic
Product shall be determined by the Chairman of the Senate
Committee on the Budget on the basis of estimates provided by
the Congressional Budget Office.
______