U.S. Congress - Text of H.R.2084 as Introduced in House Family Budget Protection Act of 2007
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Donate NowH.R.2084 - Family Budget Protection Act of 2007
To reform Federal budget procedures, to impose spending safeguards, to combat waste, fraud, and abuse, to account for accurate Government agency costs, and for other purposes.
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HR 2084 IHCommentsClose CommentsPermalink
To reform Federal budget procedures, to impose spending safeguards, to combat waste, fraud, and abuse, to account for accurate Government agency costs, and for other purposes.CommentsClose CommentsPermalink
May 1, 2007
Mr. HENSARLING (for himself, Mr. RYAN of Wisconsin, Mr. CAMPBELL of California, Mr. HERGER, Mr. BARTON of Texas, Mr. BILBRAY, Mr. SHADEGG, Mr. LAMBORN, Mr. BURTON of Indiana, Mr. CANTOR, Mr. GOODE, Mr. AKIN, Mr. GINGREY, Mr. POE, Mr. PITTS, Mr. PRICE of Georgia, Mrs. BLACKBURN, Mr. GARRETT of New Jersey, Mr. MACK, Mr. ROHRABACHER, Mr. BRADY of Texas, Mr. RADANOVICH, Mr. MARIO DIAZ-BALART of Florida, Mr. COLE of Oklahoma, Mr. KING of Iowa, Mr. FEENEY, Ms. FOXX, and Mr. BARRETT of South Carolina) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committees on Rules, Ways and Means, Appropriations, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
To reform Federal budget procedures, to impose spending safeguards, to combat waste, fraud, and abuse, to account for accurate Government agency costs, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Family Budget Protection Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents-CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Effective date.CommentsClose CommentsPermalink
TITLE I--A SIMPLE AND BINDING BUDGET
Subtitle A--Joint Budget Resolutions
Sec. 101. Declaration of purposes for the Budget Act.CommentsClose CommentsPermalink
Sec. 102. The timetable.CommentsClose CommentsPermalink
Sec. 103. Annual joint resolutions on the budget.CommentsClose CommentsPermalink
Sec. 104. Budget required before spending bills may be considered.CommentsClose CommentsPermalink
Sec. 105. Amendments to effectuate joint resolutions on the budget.CommentsClose CommentsPermalink
Subtitle B--Budgeting for Emergencies
Sec. 111. Purpose.CommentsClose CommentsPermalink
Sec. 112. Repeal of adjustments for emergencies.CommentsClose CommentsPermalink
Sec. 113. OMB emergency criteria.CommentsClose CommentsPermalink
Sec. 114. Development of guidelines for application of emergency definition.CommentsClose CommentsPermalink
Sec. 115. Reserve Fund for emergencies in President's budget.CommentsClose CommentsPermalink
Sec. 116. Adjustments and Reserve Fund for emergencies in joint budget resolutions.CommentsClose CommentsPermalink
Sec. 117. Application of section 306 to emergencies in excess of amounts in Reserve Fund.CommentsClose CommentsPermalink
Sec. 118. Up-to-date tabulations.CommentsClose CommentsPermalink
Sec. 119. Prohibition on amendments to emergency Reserve Fund.CommentsClose CommentsPermalink
Subtitle C--Biennial Budget Option
Sec. 121. Effective date.CommentsClose CommentsPermalink
Sec. 122. Revision of timetable.CommentsClose CommentsPermalink
Sec. 123. Amendments to the Congressional Budget and Impoundment Control Act of 1974.CommentsClose CommentsPermalink
Sec. 124. Amendments to rules of the House of Representatives.CommentsClose CommentsPermalink
Sec. 125. Amendments to title 31, United States Code.CommentsClose CommentsPermalink
Sec. 126. Two-year appropriations; title and style of appropriation Acts.CommentsClose CommentsPermalink
Sec. 127. Multiyear authorizations.CommentsClose CommentsPermalink
Sec. 128. Government strategic and performance plans on a biennial basis.CommentsClose CommentsPermalink
Sec. 129. Biennial appropriation bills.CommentsClose CommentsPermalink
Sec. 130. Assistance by Federal agencies to standing committees of the Senate and the House of Representatives.CommentsClose CommentsPermalink
Subtitle D--Prevention of Government Shutdown
Sec. 141. Amendment to title 31.CommentsClose CommentsPermalink
Subtitle E--The Baseline
Sec. 151. Elimination of inflation adjustment.CommentsClose CommentsPermalink
Sec. 152. The President's budget.CommentsClose CommentsPermalink
Sec. 153. The Congressional budget.CommentsClose CommentsPermalink
Sec. 154. Congressional Budget Office reports to committees.CommentsClose CommentsPermalink
Sec. 155. Treatment of emergencies.CommentsClose CommentsPermalink
TITLE II--PUTTING A LID ON THE FEDERAL BUDGET
Subtitle A--Spending Safeguards on the Growth of Entitlements and Mandatories
Sec. 201. Spending caps on growth of entitlements and mandatories.CommentsClose CommentsPermalink
Sec. 202. Exempt programs and activities.CommentsClose CommentsPermalink
Sec. 203. Exceptions, limitations, and special rules.CommentsClose CommentsPermalink
Sec. 204. Point of order.CommentsClose CommentsPermalink
Sec. 205. Technical and conforming amendments.CommentsClose CommentsPermalink
Sec. 206. Establishment of budget protection mandatory Account.CommentsClose CommentsPermalink
Subtitle B--Discretionary Spending Limits
Sec. 211. Enforcing discretionary spending limits.CommentsClose CommentsPermalink
Sec. 212. Establishment of budget protection discretionary Account.CommentsClose CommentsPermalink
Sec. 213. Revenue adjustment.CommentsClose CommentsPermalink
Subtitle C--Long-Term Unfunded Obligations
Sec. 221. Long-term unfunded obligations.CommentsClose CommentsPermalink
Sec. 222. Points of order.CommentsClose CommentsPermalink
Sec. 223. Social Security.CommentsClose CommentsPermalink
TITLE III--COMBATING WASTE, FRAUD, AND ABUSE
Subtitle A--Sunsetting
Sec. 301. Reauthorization of discretionary programs and unearned entitlements.CommentsClose CommentsPermalink
Sec. 302. Point of order.CommentsClose CommentsPermalink
Sec. 303. Decennial sunsetting.CommentsClose CommentsPermalink
Subtitle B--Legislative Line-Item Veto
Sec. 311. Legislative line-item veto.CommentsClose CommentsPermalink
Sec. 312. Technical and conforming amendments.CommentsClose CommentsPermalink
Sec. 313. Sense of Congress on abuse of proposed cancellations.CommentsClose CommentsPermalink
Sec. 314. Amending House rules to require that rescission bills always be considered under open rules.CommentsClose CommentsPermalink
Subtitle C--Commission to Eliminate Waste, Fraud, and Abuse
Sec. 331. Establishment of Commission.CommentsClose CommentsPermalink
Sec. 332. Duties of the Commission.CommentsClose CommentsPermalink
Sec. 333. Powers of the Commission.CommentsClose CommentsPermalink
Sec. 334. Commission personnel matters.CommentsClose CommentsPermalink
Sec. 335. Termination of the Commission.CommentsClose CommentsPermalink
Sec. 336. Congressional consideration of reform proposals.CommentsClose CommentsPermalink
Sec. 337. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE IV--TRUTH IN ACCOUNTING
Subtitle A--Accrual Funding of Pensions and Retirement Pay for Federal Employees and Uniformed Services Personnel
Sec. 401. Civil Service Retirement System.CommentsClose CommentsPermalink
Sec. 402. Central Intelligence Agency Retirement and Disability System.CommentsClose CommentsPermalink
Sec. 403. Foreign Service Retirement and Disability System.CommentsClose CommentsPermalink
Sec. 404. Public Health Service Commissioned Corps Retirement System.CommentsClose CommentsPermalink
Sec. 405. National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement System.CommentsClose CommentsPermalink
Sec. 406. Coast Guard Military Retirement System.CommentsClose CommentsPermalink
Subtitle B--Accrual Funding of Post-Retirement Health Benefits Costs for Federal Employees
Sec. 411. Federal employees health benefits fund.CommentsClose CommentsPermalink
Sec. 412. Funding Uniformed Services health benefits for all retirees.CommentsClose CommentsPermalink
Sec. 413. Effective date.CommentsClose CommentsPermalink
Subtitle C--Earmark Transparency
Sec. 421. Prohibition on obligation of funds for earmarks included only in Congressional reports.CommentsClose CommentsPermalink
Sec. 422. Definitions.CommentsClose CommentsPermalink
Subtitle D--Public Debt Limit Reform
Sec. 431. Limit on public debt.CommentsClose CommentsPermalink
Sec. 432. Repeal of the Gephardt Rule.CommentsClose CommentsPermalink
Subtitle E--Risk-Assumed Budgeting
Sec. 441. Federal insurance programs.CommentsClose CommentsPermalink
TITLE V--MAINTAINING A COMMITMENT TO THE FAMILY BUDGET
Subtitle A--Further Enforcement Amendments
Sec. 501. Super-majority points of order in the House of Representatives and the Senate.CommentsClose CommentsPermalink
Sec. 502. Budget resolution enforcement point of order.CommentsClose CommentsPermalink
Sec. 503. Point of order waiver protection.CommentsClose CommentsPermalink
Subtitle B--The Byrd Rule
Sec. 511. Limitation on Byrd Rule.CommentsClose CommentsPermalink
Subtitle C--Treatment of Extraneous Appropriations in Omnibus Appropriation Measures
Sec. 521. Treatment of extraneous appropriations.CommentsClose CommentsPermalink
SEC. 2. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and the amendments made by this Act shall become effective on the date of enactment of this Act and shall apply with respect to fiscal years beginning after September 30, 2008.CommentsClose CommentsPermalink
TITLE I--A SIMPLE AND BINDING BUDGET
Subtitle A--Joint Budget Resolutions
SEC. 101. DECLARATION OF PURPOSES FOR THE BUDGET ACT.
Paragraphs (1) and (2) of section 2 of the Congressional Budget and Impoundment Control Act of 1974 are amended to read as follows:CommentsClose CommentsPermalink
`(1) to assure effective control over the budgetary process;CommentsClose CommentsPermalink
`(2) to facilitate the determination each year of the appropriate level of Federal revenues and expenditures by the Congress and the President;'.CommentsClose CommentsPermalink
SEC. 102. THE TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 is amended to read as follows:CommentsClose CommentsPermalink
`TIMETABLE
`Sec. 300. The timetable with respect to the congressional budget process for any fiscal year is as follows:CommentsClose CommentsPermalink
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`On or before: Action to be completed: CommentsClose CommentsPermalink
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First Monday in February President submits his budget CommentsClose CommentsPermalink
February 15 Congressional Budget Office submits report to Budget Committees CommentsClose CommentsPermalink
Not later than 6 weeks after President submits budget Committees submit views and estimates to Budget Committees CommentsClose CommentsPermalink
April 1 Budget Committees report joint resolution on the budget CommentsClose CommentsPermalink
April 15 Congress completes action on joint resolution on the budget CommentsClose CommentsPermalink
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`On or before: Action to be completed: CommentsClose CommentsPermalink
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June 10 House Appropriations Committee reports last annual appropriation bill CommentsClose CommentsPermalink
June 15 Congress completes action on reconciliation legislation CommentsClose CommentsPermalink
June 30 House completes action on annual appropriation bills CommentsClose CommentsPermalink
October 1 Fiscal year begins'. CommentsClose CommentsPermalink
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SEC. 103. ANNUAL JOINT RESOLUTIONS ON THE BUDGET.
(a) Content of Annual Joint Resolutions on the Budget- Section 301(a)(4) of the Congressional Budget Act of 1974 is amended to read as follows:CommentsClose CommentsPermalink
`(4) subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, direct spending (excluding interest), and interest; and for emergencies (for the reserve fund in section 316(b) and for military operations in section 316(c));'.CommentsClose CommentsPermalink
(b) Additional Matters in Joint Resolution- Section 301(b) of the Congressional Budget Act of 1974 is amended as follows:CommentsClose CommentsPermalink
(1) Strike paragraphs (1), (4), and (6) through (9).CommentsClose CommentsPermalink
(2) Redesignate paragraphs (2), (3), and (5) accordingly, insert `and' after the new paragraph (1), and in the new paragraph (2) strike the semicolon and insert a period.CommentsClose CommentsPermalink
(c) Required Contents of Report- Section 301(e)(2) of the Congressional Budget Act of 1974 is amended as follows:CommentsClose CommentsPermalink
(1) Redesignate subparagraphs (A), (B), (C), (D), (E), and (F) as subparagraphs (B), (C), (E), (F), (H), and (I), respectively.CommentsClose CommentsPermalink
(2) In subparagraph (C) (as redesignated), strike `mandatory' and insert `direct spending'.CommentsClose CommentsPermalink
(3) After subparagraph (C) (as redesignated), insert the following new subparagraph:CommentsClose CommentsPermalink
`(D) a measure, as a percentage of gross domestic product, of total outlays, total Federal revenues, the surplus or deficit, and new outlays for nondefense discretionary spending, defense spending, and direct spending as set forth in such resolution;'.CommentsClose CommentsPermalink
(4) After subparagraph (F) (as redesignated), insert the following new subparagraph:CommentsClose CommentsPermalink
`(G) if the joint resolution on the budget includes any allocation to a committee other than the Committee on Appropriations of levels in excess of current law levels, a justification for not subjecting any program, project, or activity (for which the allocation is made) to annual discretionary appropriations;'.CommentsClose CommentsPermalink
(d) Additional Contents of Report- Section 301(e)(3) of the Congressional Budget Act of 1974 is amended as follows:CommentsClose CommentsPermalink
(1) Redesignate subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively, strike subparagraphs (C) and (D), and redesignate subparagraph (E) as subparagraph (D) and strike the period and insert `; and'.CommentsClose CommentsPermalink
(2) Before subparagraph (B), insert the following new subparagraph:CommentsClose CommentsPermalink
`(A) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to subsection (a)(1);'.CommentsClose CommentsPermalink
(3) At the end, add the following new subparagraph:CommentsClose CommentsPermalink
`(E) set forth, if required by subsection (f), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 should be achieved.'.CommentsClose CommentsPermalink
(e) President's Budget Submission to the Congress- (1) The first two sentences of
`(A) totals of new budget authority and outlays;CommentsClose CommentsPermalink
`(B) total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees;CommentsClose CommentsPermalink
`(C) the surplus or deficit in the budget;CommentsClose CommentsPermalink
`(D) subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, direct spending (excluding interest), and interest, and for emergencies (for the reserve fund in section 316(b) and for military operations in section 316(c)); andCommentsClose CommentsPermalink
`(E) the public debt.CommentsClose CommentsPermalink
Each budget submission shall include a budget message and summary and supporting information and, as a separately delineated statement, the levels requires in the preceding sentence for at least each of the 4 ensuing fiscal years.'.CommentsClose CommentsPermalink
(2) The third sentence of
(f) Limitation on Contents of Budget Resolutions- Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(e) Limitation on Contents- (1) It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2).CommentsClose CommentsPermalink
`(2) Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301(a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section.'.CommentsClose CommentsPermalink
SEC. 104. BUDGET REQUIRED BEFORE SPENDING BILLS MAY BE CONSIDERED.
(a) Amendments to Section 302- Section 302 of the Congressional Budget Act of 1974 is amended--CommentsClose CommentsPermalink
(1) in subsection (a), by striking paragraph (5); andCommentsClose CommentsPermalink
(2) in subsection (f)(1)(A), by striking `as reported'.CommentsClose CommentsPermalink
(b) Amendments to Section 303 and Conforming Amendments- (1) Section 303 of the Congressional Budget Act of 1974 is amended by striking `(a) In General- ', by striking `has been agreed to' and inserting `takes effect in subsection (a), and by striking subsections (b) and (c); andCommentsClose CommentsPermalink
(2) by striking its section heading and inserting the following new section heading: `CONSIDERATION OF BUDGET-RELATED LEGISLATION BEFORE BUDGET BECOMES LAW'.CommentsClose CommentsPermalink
(c) Additional Amendments- (1) Section 302(g)(1) of the Congressional Budget Act of 1974 is amended by striking `and, after April 15, section 303'.CommentsClose CommentsPermalink
(2)(A) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting `303,' before `305(b)(2),'.CommentsClose CommentsPermalink
(B) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting `303,' before `305(b)(2),'.CommentsClose CommentsPermalink
(d) Expedited Procedures Upon Veto of Joint Resolution on the Budget- (1) Title III of the Congressional Budget Act of 1974 (as amended by section 116) is further amended by adding after section 316 the following new section:CommentsClose CommentsPermalink
`EXPEDITED PROCEDURES UPON VETO OF JOINT RESOLUTION ON THE BUDGET
`Sec. 317. (a) Special Rule- If the President vetoes a joint resolution on the budget for a fiscal year, the majority leader of the House of Representatives or Senate (or his designee) may introduce a concurrent resolution on the budget or joint resolution on the budget for such fiscal year. If the Committee on the Budget of either House fails to report such concurrent or joint resolution referred to it within five calendar days (excluding Saturdays, Sundays, or legal holidays except when that House of Congress is in session) after the date of such referral, the committee shall be automatically discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar.CommentsClose CommentsPermalink
`(b) Procedure in the House of Representatives and the Senate-CommentsClose CommentsPermalink
`(1) Except as provided in paragraph (2), the provisions of section 305 for the consideration in the House of Representatives and in the Senate of joint resolutions on the budget and conference reports thereon shall also apply to the consideration of concurrent resolutions on the budget introduced under subsection (a) and conference reports thereon.CommentsClose CommentsPermalink
`(2) Debate in the Senate on any concurrent resolution on the budget or joint resolution on the budget introduced under subsection (a), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours and in the House such debate shall be limited to not more than 3 hours.CommentsClose CommentsPermalink
`(c) Contents of Concurrent Resolutions- Any concurrent resolution on the budget introduced under subsection (a) shall be in compliance with section 301.CommentsClose CommentsPermalink
`(d) Effect of Concurrent Resolution on the Budget- Notwithstanding any other provision of this title, whenever a concurrent resolution on the budget described in subsection (a) is agreed to, then the aggregates, allocations, and reconciliation directives (if any) contained in the report accompanying such concurrent resolution or in such concurrent resolution shall be considered to be the aggregates, allocations, and reconciliation directives for all purposes of sections 302, 303, and 311 for the applicable fiscal years and such concurrent resolution shall be deemed to be a joint resolution for all purposes of this title and the Rules of the House of Representatives and any reference to the date of enactment of a joint resolution on the budget shall be deemed to be a reference to the date agreed to when applied to such concurrent resolution.'.CommentsClose CommentsPermalink
(2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 316 the following new item:CommentsClose CommentsPermalink
`Sec. 317. Expedited procedures upon veto of joint resolution on the budget.'.CommentsClose CommentsPermalink
SEC. 105. AMENDMENTS TO EFFECTUATE JOINT RESOLUTIONS ON THE BUDGET.
(a) Definition- Paragraph (4) of section 3 of the Congressional Budget Act of 1974 is amended to read as follows:CommentsClose CommentsPermalink
`(4) the term `joint resolution on the budget' means--CommentsClose CommentsPermalink
`(A) a joint resolution setting forth the budget for the United States Government for a fiscal year as provided in section 301; andCommentsClose CommentsPermalink
`(B) any other joint resolution revising the budget for the United States Government for a fiscal year as described in section 304.'.CommentsClose CommentsPermalink
(b) Additional Amendments to the Congressional Budget and Impoundment Control Act of 1974- (1)(A) Sections 301, 302, 303, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (
(B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking `most recently agreed to concurrent resolution on the budget' each place it occurs and inserting `most recently enacted joint resolution on the budget or agreed to concurrent resolution on the budget (as applicable)'.CommentsClose CommentsPermalink
(ii) The section heading of section 301 is amended by striking `adoption of concurrent resolution' and inserting `joint resolutions'; andCommentsClose CommentsPermalink
(iii) Section 304 of such Act is amended to read as follows:CommentsClose CommentsPermalink
`PERMISSIBLE REVISIONS OF BUDGET RESOLUTIONS
`Sec. 304. At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted.'.CommentsClose CommentsPermalink
(C) Sections 302, 303, 310, and 311, of such Act are amended by striking `agreed to' each place it appears and by inserting `enacted'.CommentsClose CommentsPermalink
(2)(A) Paragraph (4) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking `concurrent' each place it appears and by inserting `joint'.CommentsClose CommentsPermalink
(B) The table of contents set forth in section 1(b) of such Act is amended--CommentsClose CommentsPermalink
(i) in the item relating to section 301, by striking `adoption of concurrent resolution' and inserting `joint resolutions';CommentsClose CommentsPermalink
(ii) by striking the item relating to section 303 and inserting the following:CommentsClose CommentsPermalink
`Sec. 303. Consideration of budget-related legislation before budget becomes law.';CommentsClose CommentsPermalink
(iii) by striking `concurrent' and inserting `joint' in the item relating to section 305.CommentsClose CommentsPermalink
(c) Conforming Amendments to the Rules of the House of Representatives- Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking `concurrent' each place it appears and inserting `joint'.CommentsClose CommentsPermalink
(d) Conforming Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985- Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (
(e) Conforming Amendments to Section 310 Regarding Reconciliation Directives- (1) The side heading of section 310(a) of the Congressional Budget Act of 1974 (as amended by section 105(b)) is further amended by inserting `Joint Explanatory Statement Accompanying Conference Report on' before `Joint'.CommentsClose CommentsPermalink
(2) Section 310(a) of such Act is amended by striking `A' and inserting `The joint explanatory statement accompanying the conference report on a'.CommentsClose CommentsPermalink
(3) The first sentence of section 310(b) of such Act is amended by striking `If' and inserting `If the joint explanatory statement accompanying the conference report on'.CommentsClose CommentsPermalink
(4) Section 310(c)(1) of such Act is amended by inserting `the joint explanatory statement accompanying the conference report on' after `pursuant to'.CommentsClose CommentsPermalink
(f) Conforming Amendments to Section 3 Regarding Direct Spending- Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(11) The term `direct spending' has the meaning given to such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985.'.CommentsClose CommentsPermalink
Subtitle B--Budgeting for Emergencies
SEC. 111. PURPOSE.
The purposes of this subtitle are to--CommentsClose CommentsPermalink
(1) develop budgetary and fiscal procedures for emergencies;CommentsClose CommentsPermalink
(2) subject spending for emergencies to budgetary procedures and controls; andCommentsClose CommentsPermalink
(3) establish criteria for determining compliance with emergency requirements.CommentsClose CommentsPermalink
SEC. 112. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.
(a) Elimination of Emergency Designation- Sections 251(b)(2)(A), 252(e), and 252(d)(4)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 are repealed.CommentsClose CommentsPermalink
(b) Elimination of Emergency Adjustments- Section 314(b) of the Congressional Budget Act of 1974 is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively.CommentsClose CommentsPermalink
(c) Conforming Amendment- Clause 2 of rule XXI of the Rules of the House of Representatives is amended by repealing paragraph (e) and by redesignating paragraph (f) as paragraph (e).CommentsClose CommentsPermalink
SEC. 113. OMB EMERGENCY CRITERIA.
(a) Definition of Emergency- Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 105(e)) is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(12)(A) The term `emergency' means a situation that--CommentsClose CommentsPermalink
`(i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; andCommentsClose CommentsPermalink
`(ii) is unanticipated.CommentsClose CommentsPermalink
`(B) As used in subparagraph (A), the term `unanticipated' means that the situation is--CommentsClose CommentsPermalink
`(i) sudden, which means quickly coming into being or not building up over time;CommentsClose CommentsPermalink
`(ii) urgent, which means a pressing and compelling need requiring immediate action;CommentsClose CommentsPermalink
`(iii) unforeseen, which means not predicted or anticipated as an emerging need; andCommentsClose CommentsPermalink
`(iv) temporary, which means not of a permanent duration.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The term `emergency' has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974.'.CommentsClose CommentsPermalink
SEC. 114. DEVELOPMENT OF GUIDELINES FOR APPLICATION OF EMERGENCY DEFINITION.
Not later than 5 months after the date of enactment of this Act, the chairmen of the Committees on the Budget (in consultation with the President) shall, after consulting with the chairmen of the Committees on Appropriations and applicable authorizing committees of their respective Houses and the Directors of the Congressional Budget Office and the Office of Management and Budget, jointly publish in the Congressional Record guidelines for application of the definition of emergency set forth in section 3(12) of the Congressional Budget and Impoundment Control Act of 1974.CommentsClose CommentsPermalink
SEC. 115. RESERVE FUND FOR EMERGENCIES IN PRESIDENT'S BUDGET.
SEC. 116. ADJUSTMENTS AND RESERVE FUND FOR EMERGENCIES IN JOINT BUDGET RESOLUTIONS.
(a) Emergencies- Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
`EMERGENCIES
`Sec. 316. (a) Adjustments-CommentsClose CommentsPermalink
`(1) IN GENERAL- After the reporting of a bill or joint resolution or the submission of a conference report thereon that provides budget authority for any emergency as identified pursuant to subsection (d) that is not covered by subsection (c)--CommentsClose CommentsPermalink
`(A) the chairman of the Committee on the Budget of the House of Representatives or the Senate shall determine and certify, pursuant to the guidelines referred to in section 114 of the Family Budget Protection Act of 2007, the portion (if any) of the amount so specified that is for an emergency within the meaning of section 3(12); andCommentsClose CommentsPermalink
`(B) such chairman shall make the adjustment set forth in paragraph (2) for the amount of new budget authority (or outlays) in that measure and the outlays flowing from that budget authority.CommentsClose CommentsPermalink
`(2) MATTERS TO BE ADJUSTED- The adjustments referred to in paragraph (1) are to be made to the allocations made pursuant to the appropriate joint resolution on the budget pursuant to section 302(a) and shall be in an amount not to exceed the amount reserved for emergencies pursuant to the requirements of subsection (b).CommentsClose CommentsPermalink
`(b) Reserve Fund for Nonmilitary Emergencies- The amount set forth in the reserve fund for emergencies for budget authority and outlays for a fiscal year pursuant to section 301(a)(4) shall equal--CommentsClose CommentsPermalink
`(1) the average of the enacted levels of budget authority for emergencies (other than those covered by subsection (c)) in the 5 fiscal years preceding the current year; andCommentsClose CommentsPermalink
`(2) the average of the levels of outlays for emergencies in the 5 fiscal years preceding the current year flowing from the budget authority referred to in paragraph (1), but only in the fiscal year for which such budget authority first becomes available for obligation.CommentsClose CommentsPermalink
`(c) Treatment of Emergencies to Fund Certain Military Operations- Whenever the Committee on Appropriations reports any bill or joint resolution that provides budget authority for any emergency that is a threat to national security and the funding of which carries out a military operation authorized by a declaration of war or a joint resolution authorizing the use of military force (or economic assistance funding in furtherance of such operation) and the report accompanying that bill or joint resolution, pursuant to subsection (d), identifies any provision that increases outlays or provides budget authority (and the outlays flowing therefrom) for such emergency, the enactment of which would cause the total amount of budget authority or outlays provided for emergencies for the budget year in the joint resolution on the budget (pursuant to section 301(a)(4)) to be exceeded:CommentsClose CommentsPermalink
`(1) Such bill or joint resolution shall be referred to the Committee on the Budget of the House or the Senate, as the case may be, with instructions to report it without amendment, other than that specified in paragraph (2), within 5 legislative days of the day in which it is reported from the originating committee. If the Committee on the Budget of either House fails to report a bill or joint resolution referred to it under this subparagraph within such 5-day period, the committee shall be automatically discharged from further consideration of such bill or joint resolution and such bill or joint resolution shall be placed on the appropriate calendar.CommentsClose CommentsPermalink
`(2) An amendment to such a bill or joint resolution referred to in this subsection shall only consist of an exemption from section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 of all or any part of the provisions that provide budget authority (and the outlays flowing therefrom) for such emergency if the committee determines, pursuant to the guidelines referred to in section 114 of the Family Budget Protection Act of 2007, that such budget authority is for an emergency within the meaning of section 3(12).CommentsClose CommentsPermalink
`(3) If such a bill or joint resolution is reported with an amendment specified in paragraph (2) by the Committee on the Budget of the House of Representatives or the Senate, then the budget authority and resulting outlays that are the subject of such amendment shall not be included in any determinations under section 302(f) or 311(a) for any bill, joint resolution, amendment, motion, or conference report.CommentsClose CommentsPermalink
`(d) Committee Notification of Emergency Legislation- Whenever the Committee on Appropriations or any other committee of either House (including a committee of conference) reports any bill or joint resolution that provides budget authority for any emergency, the report accompanying that bill or joint resolution (or the joint explanatory statement of managers in the case of a conference report on any such bill or joint resolution) shall identify all provisions that provide budget authority and the outlays flowing therefrom for such emergency and include a statement of the reasons why such budget authority meets the definition of an emergency pursuant to the guidelines referred to in section 114 of the Family Budget Protection Act of 2007.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item:CommentsClose CommentsPermalink
`Sec. 316. Emergencies.'.CommentsClose CommentsPermalink
SEC. 117. APPLICATION OF SECTION 306 TO EMERGENCIES IN EXCESS OF AMOUNTS IN RESERVE FUND.
Section 306 of the Congressional Budget Act of 1974 is amended by inserting at the end the following new sentence: `No amendment reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) pursuant to section 316(c) may be amended.'.CommentsClose CommentsPermalink
SEC. 118. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of 1974 is amended by striking `and' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting `; and', and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(D) shall include an up-to-date tabulation of amounts remaining in the reserve fund for emergencies.'.CommentsClose CommentsPermalink
SEC. 119. PROHIBITION ON AMENDMENTS TO EMERGENCY RESERVE FUND.
(a) Point of Order- Section 305 of the Congressional Budget Act of 1974 (as amended by section 103(f)) is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) Point of Order Regarding Emergency Reserve Fund- It shall not be in order in the House of Representatives or in the Senate to consider an amendment to a joint resolution on the budget which changes the amount of budget authority and outlays set forth in section 301(a)(4) for emergency reserve fund.'.CommentsClose CommentsPermalink
(b) Technical Amendment- (1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting `305(e), 305(f),' after `305(c)(4),'.CommentsClose CommentsPermalink
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting `305(e), 305(f),' after `305(c)(4),'.CommentsClose CommentsPermalink
Subtitle C--Biennial Budget Option
SEC. 121. EFFECTIVE DATE.
If--CommentsClose CommentsPermalink
(1) as part of the President's budget submission under
(2) the joint resolution on the budget for the fiscal year to which the President's submission relates contains a provision stating that the joint resolution on the budget that will be considered during the first session of the next Congress shall be for a biennium consisting of two consecutive fiscal years;CommentsClose CommentsPermalink
then the provisions of this subtitle shall take effect on January 1 of the calendar year in which that next Congress commences and apply to that Congress and each Congress thereafter.CommentsClose CommentsPermalink
SEC. 122. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (
`TIMETABLE
`Sec. 300. (a) In General- Except as provided by subsection (b), the timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Twelfth Congress or a subsequent Congress, as applicable) is as follows:CommentsClose CommentsPermalink
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`On or before: First session action to be completed: CommentsClose CommentsPermalink
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First Monday in February President submits budget recommendations CommentsClose CommentsPermalink
February 15 Congressional Budget Office submits report to Budget Committees CommentsClose CommentsPermalink
Not later than 6 weeks after budget submission Committees submit views and estimates to Budget Committees CommentsClose CommentsPermalink
April 1 Budget Committees report joint resolution on the biennial budget CommentsClose CommentsPermalink
May 15 Congress completes action on joint resolution on the biennial budget CommentsClose CommentsPermalink
May 15 Biennial appropriation bills may be considered in the House CommentsClose CommentsPermalink
June 10 House Appropriations Committee reports last biennial appropriation bill CommentsClose CommentsPermalink
June 30 House completes action on biennial appropriation bills CommentsClose CommentsPermalink
October 1 Biennium begins CommentsClose CommentsPermalink
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`On or before: Second session sction to be completed: CommentsClose CommentsPermalink
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February 15 President submits budget review CommentsClose CommentsPermalink
Not later than 6 weeks after President submits budget review Congressional Budget Office submits report to Budget Committees CommentsClose CommentsPermalink
The last day of the session Congress completes action on bills and resolutions authorizing new budget authority for the succeeding biennium CommentsClose CommentsPermalink
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`(b) Special Rule- In the case of any first session of Congress that begins in any year during which the term of a President (except a President who succeeds himself) begins, the following dates shall supersede those set forth in subsection (a):CommentsClose CommentsPermalink
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`On or before: First session action to be completed: CommentsClose CommentsPermalink
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First Monday in April President submits budget recommendations CommentsClose CommentsPermalink
April 20 Committees submit views and estimates to Budget Committees CommentsClose CommentsPermalink
May 15 Budget Committees report joint resolution on the biennial budget CommentsClose CommentsPermalink
June 1 Congress completes action on joint resolution on the biennial budget CommentsClose CommentsPermalink
June 1 Biennial appropriation bills may be considered in the House CommentsClose CommentsPermalink
July 1 House Appropriations Committee reports last biennial appropriation bill CommentsClose CommentsPermalink
July 20 House completes action on biennial appropriation bills. CommentsClose CommentsPermalink
October 1 Biennium begins'. CommentsClose CommentsPermalink
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SEC. 123. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974.
(a) Declaration of Purpose- Section 2(2) of the Congressional Budget and Impoundment Control Act of 1974 (
(b) Definitions-CommentsClose CommentsPermalink
(1) BUDGET RESOLUTION- Section 3(4) of such Act (
(2) BIENNIUM- Section 3 of such Act (
`(13) The term `biennium' means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year.'.CommentsClose CommentsPermalink
(c) Biennial Joint Resolution on the Budget-CommentsClose CommentsPermalink
(1) CONTENTS OF RESOLUTION- Section 301(a) of such Act (
(A) in the matter preceding paragraph (1) by--CommentsClose CommentsPermalink
(i) striking `April 15 of each year' and inserting `May 15 of each odd-numbered year';CommentsClose CommentsPermalink
(ii) striking `the fiscal year beginning on October 1 of such year' the first place it appears and inserting `the biennium beginning on October 1 of such year';CommentsClose CommentsPermalink
(iii) striking `the fiscal year beginning on October 1 of such year' the second place it appears and inserting `each fiscal year in such period'; andCommentsClose CommentsPermalink
(iv) striking `each of the four ensuing fiscal years' and inserting `each fiscal year in the next 2 bienniums';CommentsClose CommentsPermalink
(B) in paragraph (6), by striking `for the fiscal year' and inserting `for each fiscal year in the biennium'; andCommentsClose CommentsPermalink
(C) in paragraph (7), by striking `for the fiscal year' and inserting `for each fiscal year in the biennium'.CommentsClose CommentsPermalink
(2) ADDITIONAL MATTERS- Section 301(b) of such Act (
(A) in paragraph (3), by striking `for such fiscal year' and inserting `for either fiscal year in such biennium'; andCommentsClose CommentsPermalink
(B) in paragraph (7), by striking `for the first fiscal year' and inserting `for each fiscal year in the biennium'.CommentsClose CommentsPermalink
(3) VIEWS OF OTHER COMMITTEES- Section 301(d) of such Act (
(4) HEARINGS- Section 301(e)(1) of such Act (
(A) striking `fiscal year' and inserting `biennium'; andCommentsClose CommentsPermalink
(B) inserting after the second sentence the following: `On or before April 1 of each odd-numbered year (or, if applicable, as provided by section 300(b)), the Committee on the Budget of each House shall report to its House the joint resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year.'.CommentsClose CommentsPermalink
(5) GOALS FOR REDUCING UNEMPLOYMENT- Section 301(f) of such Act (
(6) ECONOMIC ASSUMPTIONS- Section 301(g)(1) of such Act (
(7) SECTION HEADING- The section heading of section 301 of such Act is amended by striking `ANNUAL' and inserting `BIENNIAL'.CommentsClose CommentsPermalink
(8) TABLE OF CONTENTS- The item relating to section 301 in the table of contents set forth in section 1(b) of such Act is amended by striking `Annual' and inserting `Biennial'.CommentsClose CommentsPermalink
(d) Committee Allocations- Section 302 of such Act (
(1) in subsection (a)(1) by--CommentsClose CommentsPermalink
(A) striking `for the first fiscal year of the resolution,' and inserting `for each fiscal year in the biennium,';CommentsClose CommentsPermalink
(B) striking `for that period of fiscal years' and inserting `for all fiscal years covered by the resolution'; andCommentsClose CommentsPermalink
(C) striking `for the fiscal year of that resolution' and inserting `for each fiscal year in the biennium';CommentsClose CommentsPermalink
(2) in subsection (f)(1), by striking `for a fiscal year' and inserting `for a biennium';CommentsClose CommentsPermalink
(3) in subsection (f)(1), by striking `first fiscal year' and inserting `either fiscal year of the biennium';CommentsClose CommentsPermalink
(4) in subsection (f)(2)(A), by--CommentsClose CommentsPermalink
(A) striking `first fiscal year' and inserting `each fiscal year of the biennium'; andCommentsClose CommentsPermalink
(B) striking `the total of fiscal years' and inserting `the total of all fiscal years covered by the resolution'; andCommentsClose CommentsPermalink
(5) in subsection (g)(1)(A), by striking `April' and inserting `May'.CommentsClose CommentsPermalink
(e) Section 303 Point of Order- Section 303 of such Act (
(f) Permissible Revisions of Joint Resolutions on the Budget- Section 304 of such Act (
(1) by striking `fiscal year' the first two places it appears and inserting `biennium';CommentsClose CommentsPermalink
(2) by striking `for such fiscal year'; andCommentsClose CommentsPermalink
(3) by inserting before the period `for such biennium'.CommentsClose CommentsPermalink
(g) Procedures for Consideration of Budget Resolutions- Section 305(a)(3) of such Act (
(h) Completion of House Committee Action on Appropriation Bills- Section 307 of such Act (
(1) by striking `each year' and inserting `each odd-numbered year (or, if applicable, as provided by section 300(b), July 1)';CommentsClose CommentsPermalink
(2) by striking `annual' and inserting `biennial';CommentsClose CommentsPermalink
(3) by striking `fiscal year' and inserting `biennium'; andCommentsClose CommentsPermalink
(4) by striking `that year' and inserting `each odd-numbered year'.CommentsClose CommentsPermalink
(i) Quarterly Budget Reports- Section 308 of such Act (
`(d) Quarterly Budget Reports- The Director of the Congressional Budget Office shall, as soon as practicable after the completion of each quarter of the fiscal year, prepare an analysis comparing revenues, spending, and the deficit or surplus for the current fiscal year to assumptions included in the congressional budget resolution. In preparing this report, the Director of the Congressional Budget Office shall combine actual budget figures to date with projected revenue and spending for the balance of the fiscal year. The Director of the Congressional Budget Office shall include any other information in this report that it deems useful for a full understanding of the current fiscal position of the Government. The reports mandated by this subsection shall be transmitted by the Director to the Senate and House Committees on the Budget, and the Congressional Budget Office shall make such reports available to any interested party upon request.'.CommentsClose CommentsPermalink
(j) Completion of House Action on Regular Appropriation Bills- Section 309 of such Act (
(1) by striking `It' and inserting `Except whenever section 300(b) is applicable, it';CommentsClose CommentsPermalink
(2) by inserting `of any odd-numbered calendar year' after `July';CommentsClose CommentsPermalink
(3) by striking `annual' and inserting `biennial'; andCommentsClose CommentsPermalink
(4) by striking `fiscal year' and inserting `biennium'.CommentsClose CommentsPermalink
(k) Reconciliation Process- Section 310 of such Act (
(1) in subsection (a), in the matter preceding paragraph (1), by striking `any fiscal year' and inserting `any biennium';CommentsClose CommentsPermalink
(2) in subsection (a)(1), by striking `such fiscal year' each place it appears and inserting `any fiscal year covered by such resolution'; andCommentsClose CommentsPermalink
(3) by striking subsection (f) and redesignating subsection (g) as subsection (f).CommentsClose CommentsPermalink
(l) Section 311 Point of Order-CommentsClose CommentsPermalink
(1) IN THE HOUSE- Section 311(a)(1) of such Act (
(A) by striking `for a fiscal year' and inserting `for a biennium';CommentsClose CommentsPermalink
(B) by striking `the first fiscal year' each place it appears and inserting `either fiscal year of the biennium'; andCommentsClose CommentsPermalink
(C) by striking `that first fiscal year' and inserting `each fiscal year in the biennium'.CommentsClose CommentsPermalink
(2) IN THE SENATE- Section 311(a)(2) of such Act is amended--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `for the first fiscal year' and inserting `for either fiscal year of the biennium'; andCommentsClose CommentsPermalink
(B) in subparagraph (B)--CommentsClose CommentsPermalink
(i) by striking `that first fiscal year' the first place it appears and inserting `each fiscal year in the biennium'; andCommentsClose CommentsPermalink
(ii) by striking `that first fiscal year and the ensuing fiscal years' and inserting `all fiscal years'.CommentsClose CommentsPermalink
(3) SOCIAL SECURITY LEVELS- Section 311(a)(3) of such Act is amended by--CommentsClose CommentsPermalink
(A) striking `for the first fiscal year' and inserting `each fiscal year in the biennium'; andCommentsClose CommentsPermalink
(B) striking `that fiscal year and the ensuing fiscal years' and inserting `all fiscal years'.CommentsClose CommentsPermalink
(m) Maximum Deficit Amount Point of Order- Section 312(c) of the Congressional Budget Act of 1974 (
(1) by striking `for a fiscal year' and inserting `for a biennium';CommentsClose CommentsPermalink
(2) in paragraph (1), by striking `first fiscal year' and inserting `either fiscal year in the biennium';CommentsClose CommentsPermalink
(3) in paragraph (2), by striking `that fiscal year' and inserting `either fiscal year in the biennium'; andCommentsClose CommentsPermalink
(4) in the matter following paragraph (2), by striking `that fiscal year' and inserting `the applicable fiscal year'.CommentsClose CommentsPermalink
SEC. 124. AMENDMENTS TO RULES OF THE HOUSE OF REPRESENTATIVES.
(a) Clause 4(a)(1)(A) of rule X of the Rules of the House of Representatives is amended by inserting `odd-numbered' after `each'.CommentsClose CommentsPermalink
(b) Clause 4(a)(4) of rule X of the Rules of the House of Representatives is amended by striking `fiscal year' and inserting `biennium'.CommentsClose CommentsPermalink
(c) Clause 4(b)(2) of rule X of the Rules of the House of Representatives is amended by striking `each fiscal year' and inserting `the biennium'.CommentsClose CommentsPermalink
(d) Clause 4(b) of rule X of the Rules of the House of Representatives is amended by striking `and' at the end of subparagraph (5), by striking the period and inserting `; and' at the end of subparagraph (6), and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(7) use the second session of each Congress to study issues with long-term budgetary and economic implications, which would include--CommentsClose CommentsPermalink
`(A) hold hearings to receive testimony from committees of jurisdiction to identify problem areas and to report on the results of oversight; andCommentsClose CommentsPermalink
`(B) by January 1 of each odd-number year, issuing a report to the Speaker which identifies the key issues facing the Congress in the next biennium.'.CommentsClose CommentsPermalink
(e) Clause 4(e) of rule X of the Rules of the House of Representatives is amended by striking `annually' each place it appears and inserting `biennially' and by striking `annual' and inserting `biennial'.CommentsClose CommentsPermalink
(f) Clause 4(f) of rule X of the Rules of the House of Representatives is amended--CommentsClose CommentsPermalink
(1) by inserting `during each odd-numbered year' after `submits his budget';CommentsClose CommentsPermalink
(2) by striking `fiscal year' the first place it appears and inserting `biennium'; andCommentsClose CommentsPermalink
(3) by striking `that fiscal year' and inserting `each fiscal year in such ensuing biennium'.CommentsClose CommentsPermalink
(g) Clause 11(i) of rule X of the Rules of the House of Representatives is amended by striking `during the same or preceding fiscal year'.CommentsClose CommentsPermalink
(h) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of Representatives is amended by striking `five' both places it appears and inserting `six'.CommentsClose CommentsPermalink
(i) Clause 5(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking `fiscal year after September 15 in the preceding fiscal year' and inserting `biennium after September 15 of the calendar year in which such biennium begins'.CommentsClose CommentsPermalink
SEC. 125. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition-
`(3) `biennium' has the meaning given to such term in paragraph (13) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (
(b) Budget Contents and Submission to the Congress-CommentsClose CommentsPermalink
(1) SCHEDULE- The matter preceding paragraph (1) in
`(a) On or before the first Monday in February of each odd-numbered year (or, if applicable, as provided by section 300(b) of the Congressional Budget Act of 1974), beginning with the One Hundred Tenth Congress or a subsequent Congress (as applicable), the President shall submit to the Congress the budget for the biennium beginning on October 1 of such calendar year. The budget transmitted under this subsection shall include a budget message and summary and supporting information. The President shall include in each budget the following:'.CommentsClose CommentsPermalink
(2) EXPENDITURES-
(3) RECEIPTS-
(4) BALANCE STATEMENTS-
(5) GOVERNMENT FUNCTIONS AND ACTIVITIES-
(6) ALLOWANCES-
(7) ALLOWANCES FOR UNANTICIPATED AND UNCONTROLLABLE EXPENDITURES-
(8) TAX EXPENDITURES-
(9) ESTIMATES FOR FUTURE YEARS-
(A) by striking `the fiscal year following the fiscal year' and inserting `each fiscal year in the biennium following the biennium';CommentsClose CommentsPermalink
(B) by striking `that following fiscal year' and inserting `each such fiscal year'; andCommentsClose CommentsPermalink
(C) by striking `fiscal year before the fiscal year' and inserting `biennium before the biennium'.CommentsClose CommentsPermalink
(10) PRIOR YEAR OUTLAYS-
(A) by striking `the prior fiscal year,' and inserting `each of the 2 most recently completed fiscal years,';CommentsClose CommentsPermalink
(B) by striking `for that year' and inserting `with respect to those fiscal years'; andCommentsClose CommentsPermalink
(C) by striking `in that year' and inserting `in those fiscal years'.CommentsClose CommentsPermalink
(11) PRIOR YEAR RECEIPTS-
(A) by striking `the prior fiscal year' and inserting `each of the 2 most recently completed fiscal years';CommentsClose CommentsPermalink
(B) by striking `for that year' and inserting `with respect to those fiscal years'; andCommentsClose CommentsPermalink
(C) by striking `in that year' each place it appears and inserting `in those fiscal years'.CommentsClose CommentsPermalink
(c) Estimated Expenditures of Legislative and Judicial Branches-
(d) Recommendations To Meet Estimated Deficiencies-
(1) by striking `the fiscal year for' the first place it appears and inserting `each fiscal year in the biennium for';CommentsClose CommentsPermalink
(2) by striking `the fiscal year for' the second place it appears and inserting `each fiscal year of the biennium, as the case may be,'; andCommentsClose CommentsPermalink
(3) by striking `that year' and inserting `for each year of the biennium'.CommentsClose CommentsPermalink
(e) Capital Investment Analysis-
(f) Supplemental Budget Estimates and Changes-CommentsClose CommentsPermalink
(1) IN GENERAL-
(A) in the matter preceding paragraph (1), by--CommentsClose CommentsPermalink
(i) inserting `and before February 15 of each even-numbered year' after `Before July 16 of each year'; andCommentsClose CommentsPermalink
(ii) striking `fiscal year' and inserting `biennium';CommentsClose CommentsPermalink
(B) in paragraph (1), by striking `that fiscal year' and inserting `each fiscal year in such biennium';CommentsClose CommentsPermalink
(C) in paragraph (2), by striking `4 fiscal years following the fiscal year' and inserting `4 fiscal years following the biennium'; andCommentsClose CommentsPermalink
(D) in paragraph (3), by striking `fiscal year' and inserting `biennium'.CommentsClose CommentsPermalink
(2) CHANGES-
(A) striking `the fiscal year' and inserting `each fiscal year in the biennium'; andCommentsClose CommentsPermalink
(B) inserting `and before February 15 of each even-numbered year' after `Before July 16 of each year'.CommentsClose CommentsPermalink
(g) Current Programs and Activities Estimates-CommentsClose CommentsPermalink
(1) THE PRESIDENT-
(A) by striking `On or before the first Monday after January 3 of each year (on or before February 5 in 1986)' and inserting `At the same time the budget required by section 1105 is submitted for a biennium'; andCommentsClose CommentsPermalink
(B) by striking `the following fiscal year' and inserting `each fiscal year of such period'.CommentsClose CommentsPermalink
(2) JOINT ECONOMIC COMMITTEE-
(h) Year-Ahead Requests for Authorizing Legislation-
(1) striking `May 16' and inserting `March 31'; andCommentsClose CommentsPermalink
(2) striking `year before the year in which the fiscal year begins' and inserting `calendar year preceding the calendar year in which the biennium begins'.CommentsClose CommentsPermalink
SEC. 126. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATION ACTS.
`Sec. 105. Title and style of appropriations Acts
`(a) The style and title of all Acts making appropriations for the support of the Government shall be as follows: `An Act making appropriations (here insert the object) for each fiscal year in the biennium of fiscal years (here insert the fiscal years of the biennium).'.CommentsClose CommentsPermalink
`(b) All Acts making regular appropriations for the support of the Government shall be enacted for a biennium and shall specify the amount of appropriations provided for each fiscal year in such period.CommentsClose CommentsPermalink
`(c) For purposes of this section, the term `biennium' has the same meaning as in section 3(13) of the Congressional Budget and Impoundment Control Act of 1974 (
SEC. 127. MULTIYEAR AUTHORIZATIONS.
(a) In General- Title III of the Congressional Budget Act of 1974 (as amended by section 116(a)) is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`MULTIYEAR AUTHORIZATIONS OF APPROPRIATIONS
`Sec. 318. (a) It shall not be in order in the House of Representatives or the Senate to consider any measure that contains a specific authorization of appropriations for any purpose unless the measure includes such a specific authorization of appropriations for that purpose for not less than each fiscal year in one or more bienniums.CommentsClose CommentsPermalink
`(b)(1) For purposes of this section, a specific authorization of appropriations is an authorization for the enactment of an amount of appropriations or amounts not to exceed an amount of appropriations (whether stated as a sum certain, as a limit, or as such sums as may be necessary) for any purpose for a fiscal year.CommentsClose CommentsPermalink
`(2) Subsection (a) does not apply with respect to an authorization of appropriations for a single fiscal year for any program, project, or activity if the measure containing that authorization includes a provision expressly stating the following: `Congress finds that no authorization of appropriation will be required for [Insert name of applicable program, project, or activity] for any subsequent fiscal year.'.CommentsClose CommentsPermalink
`(c) For purposes of this section, the term `measure' means a bill, joint resolution, amendment, motion, or conference report.'.CommentsClose CommentsPermalink
(b) Amendment to Table of Contents- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 317 the following new item:CommentsClose CommentsPermalink
`Sec. 318. Multiyear authorizations of appropriations.'.CommentsClose CommentsPermalink
SEC. 128. GOVERNMENT STRATEGIC AND PERFORMANCE PLANS ON A BIENNIAL BASIS.
(a) Strategic Plans-
(1) in subsection (a), by striking `September 30, 1997' and inserting `September 30, 2009';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking `at least every three years' and all that follows thereafter and inserting `at least every 4 years, except that strategic plans submitted by September 30, 2009, shall be updated and revised by September 30, 2012'; andCommentsClose CommentsPermalink
(B) by striking `five years forward' and inserting `six years forward'; andCommentsClose CommentsPermalink
(3) in subsection (c), by inserting a comma after `section' the second place it appears and adding `including a strategic plan submitted by September 30, 2009, meeting the requirements of subsection (a)'.CommentsClose CommentsPermalink
(b) Budget Contents and Submission to Congress- Paragraph (28) of
(c) Performance Plans-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the matter before paragraph (1) by striking `an annual' and inserting `a biennial';CommentsClose CommentsPermalink
(B) in paragraph (1) by inserting after `program activity' the following: `for both years 1 and 2 of the biennial plan';CommentsClose CommentsPermalink
(C) in paragraph (5) by striking `and' after the semicolon;CommentsClose CommentsPermalink
(D) in paragraph (6) by striking the period and inserting a semicolon; and inserting `and' after the inserted semicolon; andCommentsClose CommentsPermalink
(E) by adding after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle.';CommentsClose CommentsPermalink
(2) in subsection (d) by striking `annual' and inserting `biennial'; andCommentsClose CommentsPermalink
(3) in paragraph (6) of subsection (g) by striking `annual' and inserting `biennial'.CommentsClose CommentsPermalink
(d) Managerial Accountability and Flexibility-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the first sentence by striking `annual'; andCommentsClose CommentsPermalink
(B) by striking `section 1105(a)(29)' and inserting `section 1105(a)(28)';CommentsClose CommentsPermalink
(2) in subsection (e)--CommentsClose CommentsPermalink
(A) in the first sentence by striking `one or' before `two years';CommentsClose CommentsPermalink
(B) in the second sentence by striking `a subsequent year' and inserting `for a subsequent 2-year period'; andCommentsClose CommentsPermalink
(C) in the third sentence by striking `three' and inserting `four'.CommentsClose CommentsPermalink
(e) Strategic Plans-
(1) in subsection (a), by striking `September 30, 1997' and inserting `September 30, 2009';CommentsClose CommentsPermalink
(2) in subsection (b), by striking `at least every three years' and inserting `at least every 4 years except that strategic plans submitted by September 30, 2009, shall be updated and revised by September 30, 2012';CommentsClose CommentsPermalink
(3) in subsection (b), by striking `five years forward' and inserting `six years forward'; andCommentsClose CommentsPermalink
(4) in subsection (c), by inserting a comma after `section' the second place it appears and inserting `including a strategic plan submitted by September 30, 2009, meeting the requirements of subsection (a)'.CommentsClose CommentsPermalink
(f) Performance Plans-
(1) in the matter before paragraph (1), by striking `an annual' and inserting `a biennial';CommentsClose CommentsPermalink
(2) in paragraph (1), by inserting after `program activity' the following: `for both years 1 and 2 of the biennial plan';CommentsClose CommentsPermalink
(3) in paragraph (5), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(4) in paragraph (6), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(5) by adding after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) cover each fiscal year of the biennium beginning with the first fiscal year of the next biennial budget cycle.'.CommentsClose CommentsPermalink
(g) Committee Views of Plans and Reports- Section 301(d) of the Congressional Budget Act (
SEC. 129. BIENNIAL APPROPRIATION BILLS.
(a) In the House of Representatives- Clause 2(a) of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(3)(A) Except as provided by subdivision (B), an appropriation may not be reported in a general appropriation bill (other than a supplemental appropriation bill), and may not be in order as an amendment thereto, unless it provides new budget authority or establishes a level of obligations under contract authority for each fiscal year of a biennium.CommentsClose CommentsPermalink
`(B) Subdivision (A) does not apply with respect to an appropriation for a single fiscal year for any program, project, or activity if the bill or amendment thereto containing that appropriation includes a provision expressly stating the following: `Congress finds that no additional funding beyond one fiscal year will be required and the [Insert name of applicable program, project, or activity] will be completed or terminated after the amount provided has been expended.'.CommentsClose CommentsPermalink
`(C) For purposes of paragraph (b), the statement set forth in subdivision (B) with respect to an appropriation for a single fiscal year for any program, project, or activity may be included in a general appropriation bill or amendment thereto.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Clause 5(b)(1) of rule XXII of the House of Representatives is amended by striking `or (c)' and inserting `or (3) or 2(c)'.CommentsClose CommentsPermalink
SEC. 130. ASSISTANCE BY FEDERAL AGENCIES TO STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
(a) Information Regarding Agency Appropriations Requests- To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of each Federal agency which administers the laws or parts of laws under the jurisdiction of such committee shall provide to such committee such studies, information, analyses, reports, and assistance as may be requested by the chairman and ranking minority member of the committee.CommentsClose CommentsPermalink
(b) Information Regarding Agency Program Administration- To assist each standing committee of the House of Representatives and the Senate in carrying out its responsibilities, the head of any agency shall furnish to such committee documentation, containing information received, compiled, or maintained by the agency as part of the operation or administration of a program, or specifically compiled pursuant to a request in support of a review of a program, as may be requested by the chairman and ranking minority member of such committee.CommentsClose CommentsPermalink
(c) Summaries by Comptroller General- Within thirty days after the receipt of a request from a chairman and ranking minority member of a standing committee having jurisdiction over a program being reviewed and studied by such committee under this section, the Comptroller General of the United States shall furnish to such committee summaries of any audits or reviews of such program which the Comptroller General has completed during the preceding six years.CommentsClose CommentsPermalink
(d) Congressional Assistance- Consistent with their duties and functions under law, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Director of the Congressional Research Service shall continue to furnish (consistent with established protocols) to each standing committee of the House of Representatives or the Senate such information, studies, analyses, and reports as the chairman and ranking minority member may request to assist the committee in conducting reviews and studies of programs under this section.CommentsClose CommentsPermalink
Subtitle D--Prevention of Government Shutdown
SEC. 141. AMENDMENT TO TITLE 31.
(a) In General- Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section:CommentsClose CommentsPermalink
`Sec. 1311. Continuing appropriations
`(a)(1) If any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year--CommentsClose CommentsPermalink
`(A) in the corresponding regular appropriation Act for such preceding fiscal year; orCommentsClose CommentsPermalink
`(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year.CommentsClose CommentsPermalink
`(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of--CommentsClose CommentsPermalink
`(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year;CommentsClose CommentsPermalink
`(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year;CommentsClose CommentsPermalink
`(C) the rate of operations provided for in the regular appropriation bill as passed by the House of Representatives or the Senate for the fiscal year in question, except that the lower of these two versions shall be ignored for any project or activity for which there is a budget request if no funding is provided for that project or activity in either version; orCommentsClose CommentsPermalink
`(D) the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act.CommentsClose CommentsPermalink
`(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of--CommentsClose CommentsPermalink
`(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; orCommentsClose CommentsPermalink
`(B) the last day of such fiscal year.CommentsClose CommentsPermalink
`(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law.CommentsClose CommentsPermalink
`(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity.CommentsClose CommentsPermalink
`(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law.CommentsClose CommentsPermalink
`(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)--CommentsClose CommentsPermalink
`(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; orCommentsClose CommentsPermalink
`(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.CommentsClose CommentsPermalink
`(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities:CommentsClose CommentsPermalink
`(1) Agriculture, rural development, Food and Drug Administration, and related agencies programs.CommentsClose CommentsPermalink
`(2) The Department of Defense.CommentsClose CommentsPermalink
`(3) Energy and water development, and related agencies.CommentsClose CommentsPermalink
`(4) State, foreign operations, and related programs.CommentsClose CommentsPermalink
`(5) The Department of Homeland Security.CommentsClose CommentsPermalink
`(6) The Department of the Interior, Environmental Protection Agency, and related agencies.CommentsClose CommentsPermalink
`(7) The Departments of Labor, Health and Human Services, and Education, and related agencies.CommentsClose CommentsPermalink
`(8) Military construction, veterans affairs, and related agencies.CommentsClose CommentsPermalink
`(9) Science, the Departments of State, Justice, and Commerce, and related agencies.CommentsClose CommentsPermalink
`(10) The Departments of Transportation, Housing and Urban Development, and related agencies.CommentsClose CommentsPermalink
`(11) The Legislative Branch.CommentsClose CommentsPermalink
`(12) Financial services and general government.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item:CommentsClose CommentsPermalink
`1311. Continuing appropriations.'.CommentsClose CommentsPermalink
Subtitle E--The Baseline
SEC. 151. ELIMINATION OF INFLATION ADJUSTMENT.
Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended--CommentsClose CommentsPermalink
(1) in paragraph (1) by striking `for inflation as specified in paragraph (5),'; andCommentsClose CommentsPermalink
(2) by striking paragraph (5) and redesignating paragraph (6) as paragraph (5).CommentsClose CommentsPermalink
SEC. 152. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of
`(5) except as provided in subsection (b) of this section, estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years following that year, and, except for detailed budget estimates, the percentage change from the current year to the fiscal year for which the budget is submitted for estimated expenditures and for appropriations.'.CommentsClose CommentsPermalink
(b)
`(6) estimated receipts of the Government in the current year and the fiscal year for which the budget is submitted and the 4 fiscal years after that year under--CommentsClose CommentsPermalink
`(A) laws in effect when the budget is submitted; andCommentsClose CommentsPermalink
`(B) proposals in the budget to increase revenues,CommentsClose CommentsPermalink
and the percentage change (in the case of each category referred to in subparagraphs (A) and (B)) between the current year and the fiscal year for which the budget is submitted and between the current year and each of the 9 fiscal years after the fiscal year for which the budget is submitted.'.CommentsClose CommentsPermalink
(c)
`(12) for each proposal in the budget for legislation that would establish or expand a Government activity or function, a table showing--CommentsClose CommentsPermalink
`(A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted;CommentsClose CommentsPermalink
`(B) the estimated appropriation required because of the proposal for each of the 4 fiscal years after that year that the proposal will be in effect; andCommentsClose CommentsPermalink
`(C) the estimated amount for the same activity or function, if any, in the current fiscal year,CommentsClose CommentsPermalink
and, except for detailed budget estimates, the percentage change (in the case of each category referred to in subparagraphs (A), (B), and (C)) between the current year and the fiscal year for which the budget is submitted.'.CommentsClose CommentsPermalink
(d)
(e)
`(35) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction.CommentsClose CommentsPermalink
`(36) a table on sources of growth in total direct spending under current law and as proposed in this budget submission for the budget year and the ensuing 9 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.'.CommentsClose CommentsPermalink
(f)
SEC. 153. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 (as amended by section 103) is further amended--CommentsClose CommentsPermalink
(1) in paragraph (1), by inserting at the end the following: `The basis of deliberations in developing such joint resolution shall be the estimated budgetary levels for the preceding fiscal year. Any budgetary levels pending before the committee and the text of the joint resolution shall be accompanied by a document comparing such levels or such text to the estimated levels of the prior fiscal year. Any amendment offered in the committee that changes a budgetary level and is based upon a specific policy assumption for a program, project, or activity shall be accompanied by a document indicating the estimated amount for such program, project, or activity in the current year.'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `and' at the end of subparagraph (H) (as redesignated), by striking the period and inserting `; and' at the end of subparagraph (I) (as redesignated), and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(J) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function.'.CommentsClose CommentsPermalink
SEC. 154. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) The first sentence of section 202(e)(1) of the Congressional Budget Act of 1974 is amended by inserting `compared to comparable levels for the current year' before the comma at the end of subparagraph (A) and before the comma at the end of subparagraph (B).CommentsClose CommentsPermalink
(b) Section 202(e)(1) of the Congressional Budget Act of 1974 is amended by inserting after the first sentence the following new sentence: `Such report shall also include a table on sources of spending growth in total direct spending for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.'.CommentsClose CommentsPermalink
(c) Section 308(a)(1)(B) of the Congressional Budget Act of 1974 is amended by inserting `and shall include a comparison of those levels to comparable levels for the current fiscal year' before `if timely submitted'.CommentsClose CommentsPermalink
SEC. 155. TREATMENT OF EMERGENCIES.
Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as amended by section 151) is further amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(6) EMERGENCIES- Budgetary resources for emergencies shall be at the level provided in the reserve fund for emergencies for that fiscal year pursuant to section 301(a)(4) of the Congressional Budget Act of 1974.'.CommentsClose CommentsPermalink
TITLE II--PUTTING A LID ON THE FEDERAL BUDGET
Subtitle A--Spending Safeguards on the Growth of Entitlements and Mandatories
SEC. 201. SPENDING CAPS ON GROWTH OF ENTITLEMENTS AND MANDATORIES.
(a) Control of Entitlements and Mandatories- The Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after section 252 the following new section:CommentsClose CommentsPermalink
`SEC. 252A. ENFORCING CONTROLS ON DIRECT SPENDING.
`(a) Cap on Growth of Entitlements- Effective for fiscal year 2009 and for each ensuing fiscal year, the total level of direct spending for all direct spending programs, projects, and activities (excluding social security) for any such fiscal year shall not exceed the total level of spending for all such programs, projects, and activities for the previous fiscal year after the direct spending for each such program, project, or activity is increased by the higher of the change in the Consumer Price Index for All Urban Consumers or the inflator (if any) applicable to that program, project, or activity and the growth in eligible population for such, project, or activity.CommentsClose CommentsPermalink
`(b) Sequestration- Within 15 days after Congress adjourns to end a session (other than of the second session of the One Hundred Ninth Congress), and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to reduce the amount of direct spending for the fiscal year beginning in the year the Congress adjourns by any amount necessary to reduce such spending to the level set forth in subsection (a) unless that amount is less than $250,000,000.CommentsClose CommentsPermalink
`(c) Uniform Reductions; Limitations- The amount required to be sequestered for the fiscal year under subsection (a) shall be obtained from nonexempt direct spending accounts by actions taken in the following order:CommentsClose CommentsPermalink
`(1) FIRST- The reductions in the programs specified in section 256(a) (National Wool Act and special milk), section 256(b) (student loans), and section 256(c) (foster care and adoption assistance) shall be made.CommentsClose CommentsPermalink
`(2) SECOND- Any additional reductions that may be required shall be achieved by reducing each remaining nonexempt direct spending account by the uniform percentage necessary to achieve those additional reductions, except that--CommentsClose CommentsPermalink
`(A) the low-income programs specified in section 256(d) shall not be reduced by more than 2 percent;CommentsClose CommentsPermalink
`(B) the retirement and veterans benefits specified in sections 256(f), (g), and (h) shall not be reduced by more than 2 percent in the manner specified in that section; andCommentsClose CommentsPermalink
`(C) the medicare programs shall not be reduced by more than 2 percent in the manner specified in section 256(i).CommentsClose CommentsPermalink
The limitations set forth in subparagraphs (A), (B), and (C) shall be applied iteratively, and after each iteration the uniform percentage applicable to all other programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the reductions required by this paragraph.'.CommentsClose CommentsPermalink
(b) Table of Contents Amendment- The table of contents set forth in 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after the item relating to section 252 the following new item:CommentsClose CommentsPermalink
`Sec. 252A. Enforcing controls on direct spending.'.CommentsClose CommentsPermalink
SEC. 202. EXEMPT PROGRAMS AND ACTIVITIES.
Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:CommentsClose CommentsPermalink
`SEC. 255. EXEMPT PROGRAMS AND ACTIVITIES.
`(a) Social Security Benefits; Tier I Railroad Retirement Benefits; and Certain Medicare Benefits- (1) Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act, and benefits payable under section 3(a), 3(f)(3), 4(a), or 4(f) of the Railroad Retirement Act of 1974, shall be exempt from reduction under any order issued under this part.CommentsClose CommentsPermalink
`(2) Payments made under part A of title XVIII (relating to part A medicare hospital insurance benefits) of the Social Security Act and payments made under part C of such title (relating to the Medicare Advantage program) insofar as they are attributable to part A of such title shall be exempt from reduction under any order issued under this part.CommentsClose CommentsPermalink
`(b) Descriptions and Lists- The following budget accounts or activities shall be exempt from sequestration:CommentsClose CommentsPermalink
`(1) net interest;CommentsClose CommentsPermalink
`(2) all payments to trust funds from excise taxes or other receipts or collections properly creditable to those trust funds;CommentsClose CommentsPermalink
`(3) all payments from one Federal direct spending budget account to another Federal budget account; and all intragovernmental funds including those from which funding is derived primarily from other Government accounts, except to the extent that such funds are augmented by direct appropriations for the fiscal year for which the order is in effect;CommentsClose CommentsPermalink
`(4) activities resulting from private donations, bequests, or voluntary contributions to the Government;CommentsClose CommentsPermalink
`(5) payments from any revolving fund or trust-revolving fund (or similar activity) that provides deposit insurance or other Government insurance, Government guarantees, or any other form of contingent liability, to the extent those payments result from contractual or other legally binding commitments of the Government at the time of any sequestration;CommentsClose CommentsPermalink
`(6) credit liquidating and financing accounts;CommentsClose CommentsPermalink
`(7) the following accounts, which largely fulfill requirements of the Constitution or otherwise make payments to which the Government is committed:CommentsClose CommentsPermalink
`Administration of Territories, Northern Mariana Islands Covenant grants (14-0412-0-1-806);CommentsClose CommentsPermalink
`Armed Forces Retirement Home Trust Fund, payment of claims (84-8930-0-7-705);CommentsClose CommentsPermalink
`Bureau of Indian Affairs, miscellaneous payments to Indians (14-2303-0-1-452);CommentsClose CommentsPermalink
`Bureau of Indian Affairs, miscellaneous trust funds, tribal trust funds (14-9973-0-7-999);CommentsClose CommentsPermalink
`Claims, defense;CommentsClose CommentsPermalink
`Claims, judgments, and relief act (20-1895-0-1-806);CommentsClose CommentsPermalink
`Compact of Free Association, economic assistance pursuant to
`Compensation of the President (11-0001-0-1-802);CommentsClose CommentsPermalink
`Customs Service, miscellaneous permanent appropriations (20-9992-0-2-852);CommentsClose CommentsPermalink
`Eastern Indian land claims settlement fund (14-2202-0-1-806);CommentsClose CommentsPermalink
`Farm Credit Administration, Limitation on Administration Expenses (78-4131-0-3-351);CommentsClose CommentsPermalink
`Farm Credit System Financial Assistance Corporation, interest payments (20-1850-0-1-351);CommentsClose CommentsPermalink
`Internal Revenue collections of Puerto Rico (20-5737-0-2-852);CommentsClose CommentsPermalink
`Panama Canal Commission, operating expenses and capital outlay (95-5190-0-2-403);CommentsClose CommentsPermalink
`Payments of Vietnam and USS Pueblo prisoner-of-war claims (15-0104-0-1-153);CommentsClose CommentsPermalink
`Payments to copyright owners (03-5175-0-2-376);CommentsClose CommentsPermalink
`Payments to health care trust funds (75-0580-0-1-571);CommentsClose CommentsPermalink
`Payments to social security trust funds (75-0404-0-1-651);CommentsClose CommentsPermalink
`Payments to the United States territories, fiscal assistance (14-0418-0-1-801);CommentsClose CommentsPermalink
`Payments to widows and heirs of deceased Members of Congress (00-0215-0-1-801);CommentsClose CommentsPermalink
`Pension Benefit Guaranty Corporation Fund (16-4204-0-3-601);CommentsClose CommentsPermalink
`Salaries of Article III judges;CommentsClose CommentsPermalink
`Washington Metropolitan Area Transit Authority, interest payments (46-0300-0-1-401);CommentsClose CommentsPermalink
`(8) the following noncredit special, revolving, or trust-revolving funds:CommentsClose CommentsPermalink
Coinage profit fund (20-5811-0-2-803);CommentsClose CommentsPermalink
`Comptroller of the Currency;CommentsClose CommentsPermalink
`Director of the Office of Thrift Supervision;CommentsClose CommentsPermalink
`Exchange Stabilization Fund (20-4444-0-3-155);CommentsClose CommentsPermalink
`Federal Housing Finance Board;CommentsClose CommentsPermalink
`Foreign Military Sales trust fund (11-82232-0-7-155);CommentsClose CommentsPermalink
`National Credit Union Administration, central liquidating facility (25-4470-0-3-373);CommentsClose CommentsPermalink
`National Credit Union Administration, credit union insurance fund (25-4468-0-3-373);CommentsClose CommentsPermalink
`National Credit Union Administration operating fund (25-4056-0-3-373); andCommentsClose CommentsPermalink
`Resolution Trust Corporation Revolving Fund (22-4055-0-3-373);CommentsClose CommentsPermalink
`(9) Thrift Savings Fund;CommentsClose CommentsPermalink
`(10) appropriations for the District of Columbia to the extent they are appropriations of locally raised funds;CommentsClose CommentsPermalink
`(11)(A) any amount paid as regular unemployment compensation by a State from its account in the Unemployment Trust Fund (established by section 904(a) of the Social Security Act);CommentsClose CommentsPermalink
`(B) any advance made to a State from the Federal unemployment account (established by section 904(g) of such Act) under title XII of such Act and any advance appropriated to the Federal unemployment account pursuant to section 1203 of such Act; andCommentsClose CommentsPermalink
`(C) any payment made from the Federal Employees Compensation Account (as established under section 909 of such Act) for the purpose of carrying out chapter 85 of title 5, United States Code, and funds appropriated or transferred to or otherwise deposited in such Account; andCommentsClose CommentsPermalink
`(12)(A) FDIC, Bank Insurance Fund (51-4064-0-3-373);CommentsClose CommentsPermalink
`(B) FDIC, FSLIC Resolution Fund (51-4065-0-3-373); andCommentsClose CommentsPermalink
`(C) FDIC, Savings Association Insurance Fund (51-4066-0-3-373).CommentsClose CommentsPermalink
`(c) Federal Retirement and Disability Accounts- The following Federal retirement and disability accounts shall be exempt from reduction under any order issued under this part:CommentsClose CommentsPermalink
`Civil service retirement and disability fund (24-8135-0-7-602).CommentsClose CommentsPermalink
`Black Lung Disability Trust Fund (20-8144-0-7-601).CommentsClose CommentsPermalink
`Foreign Service Retirement and Disability Fund (19-8186-0-7-602).CommentsClose CommentsPermalink
`District of Columbia Judicial Retirement and Survivors Annuity Fund (20-8212-0-7-602).CommentsClose CommentsPermalink
`Judicial Survivors' Annuities Fund (10-8110-0-7-602).CommentsClose CommentsPermalink
`Payments to the Railroad Retirement Accounts (60-0113-0-1-601).CommentsClose CommentsPermalink
`Tax Court Judges Survivors Annuity Fund (23-8115-0-7-602).CommentsClose CommentsPermalink
`Employees Life Insurance Fund (24-8424-0-8-602).CommentsClose CommentsPermalink
`(d) Federal Administrative Expenses-CommentsClose CommentsPermalink
`(1) Notwithstanding any provision of law other than paragraph (3), administrative expenses incurred by the departments and agencies, including independent agencies, of the Government in connection with any program, project, activity, or account shall be subject to reduction pursuant to any sequestration order, without regard to any exemption, exception, limitation, or special rule otherwise applicable with respect to such program, project, activity, or account, and regardless of whether the program, project, activity, or account is self-supporting and does not receive appropriations.CommentsClose CommentsPermalink
`(2) Payments made by the Government to reimburse or match administrative costs incurred by a State or political subdivision under or in connection with any program, project, activity, or account shall not be considered administrative expenses of the Government for purposes of this section, and shall be subject to sequestration to the extent (and only to the extent) that other payments made by the Government under or in connection with that program, project, activity, or account are subject to that reduction or sequestration; except that Federal payments made to a State as reimbursement of administrative costs incurred by that State under or in connection with the unemployment compensation programs specified in subsection (a)(11) shall be subject to reduction or sequestration under this part notwithstanding the exemption otherwise granted to such programs under that subsection.CommentsClose CommentsPermalink
`(3) Notwithstanding any other provision of law, the administrative expenses of the following programs shall be exempt from sequestration:CommentsClose CommentsPermalink
`(A) Comptroller of the Currency.CommentsClose CommentsPermalink
`(B) Federal Deposit Insurance Corporation.CommentsClose CommentsPermalink
`(C) Office of Thrift Supervision.CommentsClose CommentsPermalink
`(D) National Credit Union Administration.CommentsClose CommentsPermalink
`(E) National Credit Union Administration, central liquidity facility.CommentsClose CommentsPermalink
`(F) Federal Retirement Thrift Investment Board.CommentsClose CommentsPermalink
`(G) Resolution Funding Corporation.CommentsClose CommentsPermalink
`(H) Resolution Trust Corporation.CommentsClose CommentsPermalink
`(I) Board of Governors of the Federal Reserve System.CommentsClose CommentsPermalink
`(e) Veterans' Programs- The following programs shall be exempt from reduction under any order issued under this part:CommentsClose CommentsPermalink
`General Post Funds (36-8180-0-7-705).CommentsClose CommentsPermalink
`Veterans Insurance and Indemnities (36-0120-0-1-701).CommentsClose CommentsPermalink
`Service-Disabled Veterans Insurance Funds (36-4012-0-3-701).CommentsClose CommentsPermalink
`Veterans Reopened Insurance Fund (36-4010-0-3-701).CommentsClose CommentsPermalink
`Servicemembers' Group Life Insurance Fund (36-4009-0-3-701).CommentsClose CommentsPermalink
`Post-Vietnam Era Veterans Education Account (36-8133-0-7-702).CommentsClose CommentsPermalink
`National Service Life Insurance Fund (36-8132-0-7-701).CommentsClose CommentsPermalink
`United States Government Life Insurance Fund (36-8150-0-7-701).CommentsClose CommentsPermalink
`Veterans Special Life Insurance Fund (36-8455-0-8-701).CommentsClose CommentsPermalink
`(f) Optional Exemption of Defense and Homeland Security Accounts-CommentsClose CommentsPermalink
`(1) IN GENERAL- The President may, with respect to any defense or homeland security account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply.CommentsClose CommentsPermalink
`(2) LIMITATION- The President may not use the authority provided by paragraph (1) unless the President notifies the Congress of the manner in which such authority will be exercised on or before the date specified in section 254(a) for the budget year.'.CommentsClose CommentsPermalink
SEC. 203. EXCEPTIONS, LIMITATIONS, AND SPECIAL RULES.
(a) In General- Section 256 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:CommentsClose CommentsPermalink
`SEC. 256. EXCEPTIONS, LIMITATIONS, AND SPECIAL RULES.
`(a) National Wool Act and the Special Milk Program- Automatic spending increases are increases in outlays due to changes in indexes in the following programs:CommentsClose CommentsPermalink
`(1) National Wool Act.CommentsClose CommentsPermalink
`(2) Special milk program.CommentsClose CommentsPermalink
In those programs all amounts other than the automatic spending increases shall be exempt from reduction under any sequestration order.CommentsClose CommentsPermalink
`(b) Student Loans- For all student loans under part B or D of title IV of the Higher Education Act of 1965 made during the period when a sequestration order under section 254 is in effect as required by section 252 or 253, origination fees under sections 438(c)(2) and 455(c) of that Act shall each be increased by 0.50 percentage point.CommentsClose CommentsPermalink
`(c) Foster Care and Adoption Assistance Programs- Any sequestration order shall make the reduction otherwise required under the foster care and adoption assistance programs (established by part E of title IV of the Social Security Act) only with respect to payments and expenditures made by States in which increases in foster care maintenance payment rates or adoption assistance payment rates (or both) are to take effect during the fiscal year involved, and only to the extent that the required reduction can be accomplished by applying a uniform percentage reduction to the Federal matching payments that each such State would otherwise receive under section 474 of that Act (for such fiscal year) for that portion of the State's payments attributable to the increases taking effect during that year. No State's matching payments from the Government for foster care maintenance payments or for adoption assistance maintenance payments may be reduced by a percentage exceeding the applicable domestic sequestration percentage. No State may, after the date of the enactment of this Act, make any change in the timetable for making payments under a State plan approved under part E of title IV of the Social Security Act which has the effect of changing the fiscal year in which expenditures under such part are made.CommentsClose CommentsPermalink
`(d) Low-Income Programs- (1) Benefit payments or payments to States or other entities for the programs listed in paragraph (2) shall not be reduced by more than 2 percent under any sequestration order. When reduced under an end-of-session sequestration order, those benefit reductions shall occur starting with the payment made at the start of January. When reduced under a within-session sequestration order, those benefit reductions shall occur starting with the next periodic payment.CommentsClose CommentsPermalink
`(2) The programs referred to in paragraph (1) are the following:CommentsClose CommentsPermalink
`Child Nutrition (12-3539-0-1-605).CommentsClose CommentsPermalink
`Food Stamp Programs (12-3505-0-1-605).CommentsClose CommentsPermalink
`Grants to States for Medicaid (75-0512-0-1-551).CommentsClose CommentsPermalink
`State Children's Health Insurance Fund (75-0515-0-1-551).CommentsClose CommentsPermalink
`Supplemental Security Income Program (75-0406-0-1-609).CommentsClose CommentsPermalink
`Temporary Assistance for Needy Families (75-1552-0-1-609).CommentsClose CommentsPermalink
`Special supplemental nutrition program for women, infants, and children (WIC) (12-3510-0-1-605).CommentsClose CommentsPermalink
`(e) Veterans' Medical Care- The maximum permissible reduction in budget authority for Veterans' medical care (36-0160-0-1-703) for any fiscal year, pursuant to an order issued under section 254, shall be 2 percent.CommentsClose CommentsPermalink
`(f) Federal Retirement Programs-CommentsClose CommentsPermalink
`(1) For each of the programs listed in paragraph (2) and except as provided in paragraph (3), monthly (or other periodic) benefit payments shall be reduced by the uniform percentage applicable to direct spending sequestrations for such programs, which shall in no case exceed 2 percent under any sequestration order. When reduced under an end-of-session sequestration order, those benefit reductions shall occur starting with the payment made at the start of January or 7 weeks after the order is issued, whichever is later. When reduced under a within-session sequestration order, those benefit reductions shall occur starting with the next periodic payment.CommentsClose CommentsPermalink
`(2) The programs subject to paragraph (1) are:CommentsClose CommentsPermalink
`Central Intelligence Agency Retirement and Disability Fund (56-3400-0-1-054).CommentsClose CommentsPermalink
`Comptrollers General Retirement System (05-0107-0-1-801).CommentsClose CommentsPermalink
`Payments to the Foreign Service Retirement and Disability Fund (72-1036-0-1-153).CommentsClose CommentsPermalink
`Judicial Officer' Retirement Fund (10-8122-0-7-602).CommentsClose CommentsPermalink
`Claims Judges' Retirement Fund (10-8124-0-7-602).CommentsClose CommentsPermalink
`Pensions for former Presidents (47-0105-0-1-802).CommentsClose CommentsPermalink
`National Oceanic and Atmospheric Administration Retirement (13-1450-0-1-306).CommentsClose CommentsPermalink
`Railroad Industry Pension Fund (60-8011-0-7-601).CommentsClose CommentsPermalink
`Retired pay, Coast Guard (70-0602-0-1-403).CommentsClose CommentsPermalink
`Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1-551).CommentsClose CommentsPermalink
`Payments to Civil Service Retirement and Disability Fund (24-0200-0-1-805).CommentsClose CommentsPermalink
`Payments to the Foreign Service Retirement and Disability Fund (72-1036-0-1-153)CommentsClose CommentsPermalink
`Payments to Judiciary Trust Funds (10-0941-0-1-752).CommentsClose CommentsPermalink
`(g) Veterans Programs- To achieve the total percentage reduction required by any order issued under this part, the percentage reduction that shall apply to payments under the following programs shall in no event exceed 2 percent:CommentsClose CommentsPermalink
`Canteen Service Revolving Fund (36-4014-0-3-705).CommentsClose CommentsPermalink
`Medical Center Research Organizations (36-4026-0-3-703).CommentsClose CommentsPermalink
`Disability Compensation Benefits (36-0102-0-1-701).CommentsClose CommentsPermalink
`Education Benefits (36-0137-0-1-702).CommentsClose CommentsPermalink
`Vocational Rehabilitation and Employment Benefits (36-0135-0-1-702).CommentsClose CommentsPermalink
`Pensions Benefits (36-0154-0-1-701).CommentsClose CommentsPermalink
`Burial Benefits (36-0139-0-1-701).CommentsClose CommentsPermalink
`Guaranteed Transitional Housing Loans For Homeless Veterans Program Account (36-1119-0-1-704).CommentsClose CommentsPermalink
`Housing Direct Loan Financing Account (36-4127-0-1-704).CommentsClose CommentsPermalink
`Housing Guaranteed Loan Financing Account (36-4129-0-3-704).CommentsClose CommentsPermalink
`Vocational Rehabilitation and Education Direct Loan Financing Account (36-4259-0-3-702).CommentsClose CommentsPermalink
`(h) Military Health and Retirement- To achieve the total percentage reduction in military retirement required by any order issued under this part, the percentage reduction that shall apply to payments under the Military retirement fund (97-8097-0-7-602), payments to the military retirement fund (97-0040-0-1-054), and the Defense Health Program (97-0130-0-1-051) shall in no event exceed 2 percent.CommentsClose CommentsPermalink
`(i) Medicare Program-CommentsClose CommentsPermalink
`(1) CALCULATION OF REDUCTION IN INDIVIDUAL PAYMENT AMOUNTS- To achieve the total percentage reduction in those programs required by any order issued under this part, the percentage reduction that shall apply to payments under the health insurance programs under title XVIII of the Social Security Act (other than payments described in section 255(a)(2)) that are subject to such order for services furnished after any sequestration order is issued shall be such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that fiscal year as determined on a 12-month basis. However, the percentage reduction under any such program shall in no case exceed 2 percent under any sequestration order.CommentsClose CommentsPermalink
`(2) TIMING OF APPLICATION OF REDUCTIONS- If a reduction is made under paragraph (1) in payment amounts pursuant to a sequestration order, the reduction shall be applied to payment for services furnished after the effective date of the order.CommentsClose CommentsPermalink
`(3) NO INCREASE IN BENEFICIARY CHARGES IN ASSIGNMENT-RELATED CASES- If a reduction in payment amounts is made under paragraph (1) for services for which payment under part B of title XVIII of the Social Security Act is made on the basis of an assignment described in section 1842(b)(3)(B)(ii), in accordance with section 1842(b)(6)(B), or under the procedure described in section 1870(f)(1) of such Act, the person furnishing the services shall be considered to have accepted payment of the reasonable charge for the services, less any reduction in payment amount made pursuant to a sequestration order, as payment in full.CommentsClose CommentsPermalink
`(4) APPLICATION TO PARTS C AND D- The reductions otherwise required under parts C and D of title XVIII of the Social Security Act with respect to a fiscal year shall be applied to the calendar year that begins after the end of the fiscal year to which the applicable sequestration order applies.CommentsClose CommentsPermalink
`(j) Federal Pay-CommentsClose CommentsPermalink
`(1) IN GENERAL- For purposes of any order issued under section 254, new budget authority to pay Federal personnel shall be reduced by the applicable uniform percentage, but no sequestration order may reduce or have the effect of reducing the rate of pay to which any individual is entitled under any statutory pay system (as increased by any amount payable under
`(2) DEFINITIONS- For purposes of this subsection:CommentsClose CommentsPermalink
`(A) The term `statutory pay system' shall have the meaning given that term in
`(B) The term `elements of military pay' means--CommentsClose CommentsPermalink
`(i) the elements of compensation of members of the uniformed services specified in
`(ii) allowances provided members of the uniformed services under sections 403a and 405 of such title, andCommentsClose CommentsPermalink
`(iii) cadet pay and midshipman pay under section 203(c) of such title.CommentsClose CommentsPermalink
`(C) The term `uniformed services' shall have the meaning given that term in
`(k) Child Support Enforcement Program- Any sequestration order shall accomplish the full amount of any required reduction in expenditures under sections 455 and 458 of the Social Security Act by reducing the Federal matching rate for State administrative costs under such program, as specified (for the fiscal year involved) in section 455(a) of such Act, to the extent necessary to reduce such expenditures by that amount.CommentsClose CommentsPermalink
`(l) Extended Unemployment Compensation- (1) A State may reduce each weekly benefit payment made under the Federal-State Extended Unemployment Compensation Act of 1970 for any week of unemployment occurring during any period with respect to which payments are reduced under an order issued under this title by a percentage not to exceed the percentage by which the Federal payment to the State under section 204 of such Act is to be reduced for such week as a result of such order.CommentsClose CommentsPermalink
`(2) A reduction by a State in accordance with subparagraph (A) shall not be considered as a failure to fulfill the requirements of section 3304(a)(11) of the Internal Revenue Code of 1954.CommentsClose CommentsPermalink
`(m) Commodity Credit Corporation-CommentsClose CommentsPermalink
`(1) POWERS AND AUTHORITIES OF THE COMMODITY CREDIT CORPORATION- This title shall not restrict the Commodity Credit Corporation in the discharge of its authority and responsibility as a corporation to buy and sell commodities in world trade, to use the proceeds as a revolving fund to meet other obligations and otherwise operate as a corporation, the purpose for which it was created.CommentsClose CommentsPermalink
`(2) REDUCTION IN PAYMENTS MADE UNDER CONTRACTS- (A) Payments and loan eligibility under any contract entered into with a person by the Commodity Credit Corporation prior to the time any sequestration order has been issued shall not be reduced by an order subsequently issued. Subject to subparagraph (B), after any sequestration order is issued for a fiscal year, any cash payments made by the Commodity Credit Corporation--CommentsClose CommentsPermalink
`(i) under the terms of any one-year contract entered into in or after such fiscal year and after the issuance of the order; andCommentsClose CommentsPermalink
`(ii) out of an entitlement account,CommentsClose CommentsPermalink
to any person (including any producer, lender, or guarantee entity) shall be subject to reduction under the order.CommentsClose CommentsPermalink
`(B) Each contract entered into with producers or producer cooperatives with respect to a particular crop of a commodity and subject to reduction under subparagraph (A) shall be reduced in accordance with the same terms and conditions. If some, but not all, contracts applicable to a crop of a commodity have been entered into prior to the issuance of any sequestration order, the order shall provide that the necessary reduction in payments under contracts applicable to the commodity be uniformly applied to all contracts for succeeding crops of the commodity, under the authority provided in paragraph (3).CommentsClose CommentsPermalink
`(3) DELAYED REDUCTION IN OUTLAYS PERMISSIBLE- Notwithstanding any other provision of this title, if any sequestration order is issued with respect to a fiscal year, any reduction under the order applicable to contracts described in paragraph (2) may provide for reductions in outlays for the account involved to occur in the fiscal years following the fiscal year to which the order applies.CommentsClose CommentsPermalink
`(4) UNIFORM PERCENTAGE RATE OF REDUCTION AND OTHER LIMITATIONS- All reductions described in paragraph (2) that are required to be made in connection with any sequestration order with respect to a fiscal year--CommentsClose CommentsPermalink
`(A) shall be made so as to ensure that outlays for each program, project, activity, or account involved are reduced by a percentage rate that is uniform for all such programs, projects, activities, and accounts, and may not be made so as to achieve a percentage rate of reduction in any such item exceeding the rate specified in the order; andCommentsClose CommentsPermalink
`(B) with respect to commodity price support and income protection programs, shall be made in such manner and under such procedures as will attempt to ensure that--CommentsClose CommentsPermalink
`(i) uncertainty as to the scope of benefits under any such program is minimized;CommentsClose CommentsPermalink
`(ii) any instability in market prices for agricultural commodities resulting from the reduction is minimized; andCommentsClose CommentsPermalink
`(iii) normal production and marketing relationships among agricultural commodities (including both contract and non-contract commodities) are not distorted.CommentsClose CommentsPermalink
In meeting the criterion set out in clause (iii) of subparagraph (B) of the preceding sentence, the President shall take into consideration that reductions under an order may apply to programs for two or more agricultural commodities that use the same type of production or marketing resources or that are alternative commodities among which a producer could choose in making annual production decisions.CommentsClose CommentsPermalink
`(5) CERTAIN AUTHORITY NOT TO BE LIMITED- Nothing in this title shall limit or reduce in any way any appropriation that provides the Commodity Credit Corporation with funds to cover the Corporation's net realized losses.CommentsClose CommentsPermalink
`(n) Postal Service Fund- Notwithstanding any other provision of law, any sequestration of the Postal Service Fund shall be accomplished by a payment from that Fund to the General Fund of the Treasury, and the Postmaster General of the United States shall make the full amount of that payment during the fiscal year to which the presidential sequestration order applies.CommentsClose CommentsPermalink
`(o) Effects of Sequestration- The effects of sequestration shall be as follows:CommentsClose CommentsPermalink
`(1) Budgetary resources sequestered from any account other than an entitlement trust, special, or revolving fund account shall revert to the Treasury and be permanently canceled.CommentsClose CommentsPermalink
`(2) Except as otherwise provided, the same percentage sequestration shall apply to all programs, projects, and activities within a budget account (with programs, projects, and activities as delineated in the appropriation Act or accompanying report for the relevant fiscal year covering that account, or for accounts not included in appropriation Acts, as delineated in the most recently submitted President's budget).CommentsClose CommentsPermalink
`(3) Administrative regulations or similar actions implementing a sequestration shall be made within 120 days of the sequestration order. To the extent that formula allocations differ at different levels of budgetary resources within an account, program, project, or activity, the sequestration shall be interpreted as producing a lower total appropriation, with that lower appropriation being obligated as though it had been the pre-sequestration appropriation and no sequestration had occurred.CommentsClose CommentsPermalink
`(4) Except as otherwise provided, obligations in sequestered direct spending accounts shall be reduced in the fiscal year in which a sequestration occurs and in all succeeding fiscal years.CommentsClose CommentsPermalink
`(5) If an automatic spending increase is sequestered, the increase (in the applicable index) that was disregarded as a result of that sequestration shall not be taken into account in any subsequent fiscal year.CommentsClose CommentsPermalink
`(6) Except as otherwise provided, sequestration in accounts for which obligations are indefinite shall be taken in a manner to ensure that obligations in the fiscal year of a sequestration and succeeding fiscal years are reduced, from the level that would actually have occurred, by the applicable sequestration percentage.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents set forth in 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by amending the item relating to section 256 to read as follows:CommentsClose CommentsPermalink
`Sec. 256. Exceptions, limitations, and special rules.'.CommentsClose CommentsPermalink
SEC. 204. POINT OF ORDER.
(a) Entitlement Point of Order- Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(g) Entitlement 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--CommentsClose CommentsPermalink
`(1) increases aggregate level of direct spending for any ensuing fiscal year; orCommentsClose CommentsPermalink
`(2) includes any provision that has the effect of modifying the application of section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985 to any entitlement program subject to sequestration or exempt from sequestration under such Act.'.CommentsClose CommentsPermalink
SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.
The Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:CommentsClose CommentsPermalink
(1) Section 251(a)(1) is amended by inserting `, section 252A,' after `section 252'.CommentsClose CommentsPermalink
(2) Section 254(c)(4)(B) is amended by inserting `or section 252A' after `section 252'.CommentsClose CommentsPermalink
(3) Section 254(c) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink
`(5) DIRECT SPENDING CONTROL SEQUESTRATION REPORTS- The preview reports shall set forth, for the current year and the budget year, estimates for each of the following:CommentsClose CommentsPermalink
`(A) The total level of direct spending for all programs, projects, and activities (excluding social security).CommentsClose CommentsPermalink
`(B) The sequestration percentage or (if the required sequestration percentage is greater than the maximum allowable percentage) percentages necessary to comply with section 252A.'.CommentsClose CommentsPermalink
(4) Section 254(f) is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6) and by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
`(4) DIRECT SPENDING CONTROL SEQUESTRATION REPORTS- The final reports shall contain all the information required in the direct spending control sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequesterable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs.'.CommentsClose CommentsPermalink
(5) Section 258C(a)(1) is amended by inserting `, 252A,' after `section 252'.CommentsClose CommentsPermalink
(6) Section 275(b) is amended by striking `2002' and inserting `2018' and by striking the second sentence thereof.CommentsClose CommentsPermalink
SEC. 206. ESTABLISHMENT OF BUDGET PROTECTION MANDATORY ACCOUNT.
Title III of the Congressional Budget Act of 1974 (as amended by section 521) is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`BUDGET PROTECTION MANDATORY ACCOUNT
`Sec. 320. (a) Establishment of Account- The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `Budget Protection Mandatory Account'. The Account shall be divided into entries corresponding to the House or Senate committees, as applicable, that received allocations under section 302(a) in the most recently adopted concurrent resolution on the budget, except that it shall not include the Committee on Appropriations of that House and each entry shall consist of the `First Year Budget Protection Balance' and the `Five Year Budget Protection Balance'.CommentsClose CommentsPermalink
`(b) Components- Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made.CommentsClose CommentsPermalink
`(c) Crediting of Amounts to Account- (1) Whenever a Member or Senator, as the case may be, offers an amendment to a bill that reduces the amount of mandatory budget authority provided either under current law or proposed to be provided by the bill under consideration, that Member or Senator may state the portion of such reduction achieved in the first year covered by the most recently adopted concurrent resolution on the budget and in addition the portion of such reduction achieved in the first five years covered by the most recently adopted concurrent resolution on the budget that shall be--CommentsClose CommentsPermalink
`(A) credited to the First Year Budget Protection Balance and the Five Year Budget Protection Balance in the House or Senate, as applicable;CommentsClose CommentsPermalink
`(B) used to offset an increase in other new budget authority;CommentsClose CommentsPermalink
`(C) allowed to remain within the applicable section 302(a) allocation; orCommentsClose CommentsPermalink
`(D) used to offset a decrease in receipts.CommentsClose CommentsPermalink
If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the First Year Budget Protection Balance and the Five Year Budget Protection Balance, as applicable, if the amendment is agreed to.CommentsClose CommentsPermalink
`(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House or Senate, as applicable, shall, upon the engrossment of any bill, other than an appropriation bill, by the House or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill.CommentsClose CommentsPermalink
`(3) When computing the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by the House or Senate, as applicable, to a bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members or Senators offering such amendments as amounts to be credited to the First Year Budget Protection Balance and the Five Year Budget Protection Balance, or that fall within the last sentence of paragraph (1).CommentsClose CommentsPermalink
`(4) The chairman of the Committee on the Budget of the House and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House.CommentsClose CommentsPermalink
`(d) Calculation of Lock-Box Savings in House and Senate- For the purposes of enforcing section 302(a), upon the engrossment of any bill, other than an appropriation bill, by the House or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the applicable committee or committees of that House which reported the bill as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed.CommentsClose CommentsPermalink
`(e) Definition- As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2009 or any subsequent fiscal year, as the case may be.'.CommentsClose CommentsPermalink
Subtitle B--Discretionary Spending Limits
SEC. 211. ENFORCING DISCRETIONARY SPENDING LIMITS.
(a) Discretionary Spending Limits- Sections 251(b) and (c) of the Balanced Budget and Emergency Deficit Control of Act of 1985 are amended to read as follows:CommentsClose CommentsPermalink
`(b) Discretionary Spending Limit- As used in this part, the term `discretionary spending limit' means--CommentsClose CommentsPermalink
`(1) with respect to fiscal year 2009--CommentsClose CommentsPermalink
`(A) $926,378,000,000 in new budget authority of which no more than $344,775,000,000 shall be for the nondefense category; andCommentsClose CommentsPermalink
`(B) $992,720,000,000 in outlays of which no more than $376,020,000,000 shall be for the nondefense category;CommentsClose CommentsPermalink
`(2) with respect to fiscal year 2010--CommentsClose CommentsPermalink
`(A) $946,503,000,000 in new budget authority of which no more than $404,483,000,000 shall be for the nondefense category; andCommentsClose CommentsPermalink
`(B) $1,006,518,000,000 in outlays of which no more than $436,940,000,000 shall be for the nondefense category;CommentsClose CommentsPermalink
`(3) with respect to fiscal year 2011--CommentsClose CommentsPermalink
`(A) $969,387,000,000 in new budget authority of which no more than $421,343,000,000 shall be for the nondefense category; andCommentsClose CommentsPermalink
`(B) $1,024,601,000,000 in outlays of which no more than $469,240,000,000 shall be for the nondefense category;CommentsClose CommentsPermalink
`(4) with respect to fiscal year 2012--CommentsClose CommentsPermalink
`(A) $992,727,000,000 in new budget authority of which no more than $435,814,000,000 shall be for the nondefense category; andCommentsClose CommentsPermalink
`(B) $1,034,486,000,000 in outlays of which no more than $485,720,000,000 shall be for the nondefense category; andCommentsClose CommentsPermalink
`(5) with respect to fiscal year 2013--CommentsClose CommentsPermalink
`(A) $1,016,876,000,000 in new budget authority of which no more than $451,015,000,000 shall be for the nondefense category; andCommentsClose CommentsPermalink
`(B) $1,061,007,000,000 in outlays of which no more than $501,500,000,000 shall be for the nondefense category;'.CommentsClose CommentsPermalink
(b) Discretionary Spending Limit Point of Order- Section 312 of the Congressional Budget Act of 1974 (as amended by section 214(a)) is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(h) Discretionary Spending Limit 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--CommentsClose CommentsPermalink
`(1) increases the discretionary spending limits for any ensuing fiscal year after the budget year; orCommentsClose CommentsPermalink
`(2) would cause the discretionary spending limits for the budget year to be breached.'.CommentsClose CommentsPermalink
(c) Advance Appropriation Point of Order- Section 312 of the Congressional Budget Act of 1974 (as amended by this section) is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(i) Advance Appropriation Point of Order- It shall not be in order in the House of Representatives or the Senate to consider any appropriation bill or joint resolution, or amendment thereto or conference report thereon, that provides advance discretionary new budget authority that first becomes available for any fiscal year after the budget year at an amount for any program, project, or activity above the amount of appropriations for fiscal year 2007 for such program, project, or activity.'.CommentsClose CommentsPermalink
SEC. 212. ESTABLISHMENT OF BUDGET PROTECTION DISCRETIONARY ACCOUNT.
(a) Budget Protection Discretionary Account- Title III of the Congressional Budget Act of 1974 (as amended by section 206) is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`BUDGET PROTECTION DISCRETIONARY ACCOUNT
`Sec. 321. (a) Establishment of Account- The chairman of the Committee on the Budget of the House of Representatives and of the Senate shall each maintain an account to be known as the `Budget Protection Discretionary Account'. The Account shall be divided into entries corresponding to the subcommittees of the Committee on Appropriations of that House and each entry shall consist of the `Budget Protection Balance'.CommentsClose CommentsPermalink
`(b) Components- Each entry shall consist only of amounts credited to it under subsection (c). No entry of a negative amount shall be made.CommentsClose CommentsPermalink
`(c) Crediting of Amounts to Account- (1) Whenever a Member or Senator, as the case may be, offers an amendment to an appropriation bill to reduce new budget authority in any account, that Member or Senator may state the portion of such reduction that shall be--CommentsClose CommentsPermalink
`(A) credited to the Budget Protection Balance;CommentsClose CommentsPermalink
`(B) used to offset an increase in new budget authority in any other account; orCommentsClose CommentsPermalink
`(C) allowed to remain within the applicable section 302(b) suballocation.CommentsClose CommentsPermalink
If no such statement is made, the amount of reduction in new budget authority resulting from the amendment shall be credited to the Budget Protection Balance, as applicable, if the amendment is agreed to.CommentsClose CommentsPermalink
`(2) Except as provided by paragraph (3), the chairman of the Committee on the Budget of the House or Senate, as applicable, shall, upon the engrossment of any appropriation bill by the House or Senate, as applicable, credit to the applicable entry balances amounts of new budget authority and outlays equal to the net amounts of reductions in budget authority and in outlays resulting from amendments agreed to by that House to that bill.CommentsClose CommentsPermalink
`(3) When computing the net amounts of reductions in new budget authority and in outlays resulting from amendments agreed to by the House or Senate, as applicable, to an appropriation bill, the chairman of the Committee on the Budget of that House shall only count those portions of such amendments agreed to that were so designated by the Members offering such amendments as amounts to be credited to the Budget Protection Balance, or that fall within the last sentence of paragraph (1).CommentsClose CommentsPermalink
`(4) The chairman of the Committee on the Budget of the House and of the Senate shall each maintain a running tally of the amendments adopted reflecting increases and decreases of budget authority in the bill as reported to its House. This tally shall be available to Members or Senators during consideration of any bill by that House.CommentsClose CommentsPermalink
`(d) Calculation of Lock-Box Savings in House and Senate- (1) For the purposes of enforcing section 302(a), upon the engrossment of any appropriation bill by the House or Senate, as applicable, the amount of budget authority and outlays calculated pursuant to subsection (c)(3) shall be counted against the 302(a) allocation provided to the Committee on Appropriations as if the amount calculated pursuant to subsection (c)(3) was included in the bill just engrossed.CommentsClose CommentsPermalink
`(2) For purposes of enforcing section 302(b), upon the engrossment of any appropriation bill by the House or Senate, as applicable, the 302(b) allocation provided to the subcommittee for the bill just engrossed shall be deemed to have been reduced by the amount of budget authority and outlays calculated, pursuant to subsection (c)(3).CommentsClose CommentsPermalink
`(e) Definition- As used in this section, the term `appropriation bill' means any general or special appropriation bill, and any bill or joint resolution making supplemental, deficiency, or continuing appropriations through the end of fiscal year 2010 or any subsequent fiscal year, as the case may be.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 319 the following new items:CommentsClose CommentsPermalink
`Sec. 320. Budget protection mandatory account.CommentsClose CommentsPermalink
`Sec. 321. Budget protection discretionary account.'.CommentsClose CommentsPermalink
SEC. 213. REVENUE ADJUSTMENT.
If an amendment is designated to be used to offset a decrease in receipts for a fiscal year pursuant to section 320(c)(1)(D) or section 321(c)(1)(D) of the Congressional Budget Act of 1974, then the applicable level of revenues for such fiscal year for purposes of section 311(a) of such Act shall be reduced by the amount of such amendment.CommentsClose CommentsPermalink
Subtitle C--Long-Term Unfunded Obligations
SEC. 221. LONG-TERM UNFUNDED OBLIGATIONS.
(a) In General- Title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following:CommentsClose CommentsPermalink
`PART C--LONG-TERM UNFUNDED OBLIGATIONS
`SEC. 441. ANALYSIS OF LONG-TERM UNFUNDED OBLIGATIONS.
`Beginning in fiscal year 2009, the President's budget submission shall include an analysis of long-term unfunded obligations. This analysis shall include:CommentsClose CommentsPermalink
`(1) An analysis of the impact of long-term unfunded obligations in applicable entitlement programs on the long-term level of unified budget outlays and the unified budget surplus or deficit, in relation to the projected level of the Gross Domestic Product.CommentsClose CommentsPermalink
`(2) A report on the impact of legislation enacted during the previous session of Congress that increases the long-term unfunded obligation in any applicable group of entitlement program.CommentsClose CommentsPermalink
`(3) An analysis of the impact of legislation proposed in the President's budget on the long-term unfunded obligation in any applicable entitlement program.CommentsClose CommentsPermalink
`SEC. 442. POINT OF ORDER AGAINST LEGISLATION INCREASING LONG-TERM UNFUNDED OBLIGATIONS.
`It shall not be in order in the House of Representatives or in the Senate to consider any bill, joint resolution, motion, amendment, or conference report that would increase the long-term unfunded obligation in any applicable group of entitlement programs.CommentsClose CommentsPermalink
`SEC. 443. STANDARD FOR DETERMINING INCREASE IN LONG-TERM UNFUNDED OBLIGATION.
`For the purpose of this part, legislation shall be considered to increase the long-term unfunded obligation of an applicable group of entitlement programs if it either--CommentsClose CommentsPermalink
`(1) increases the excess of the discounted present value of the expenditures of programs in the group above the discounted present value of the dedicated receipts of programs in the group over a long-term estimating period by more than an applicable threshold; orCommentsClose CommentsPermalink
`(2) increases the dollar level of the expenditures of programs in the group above the dedicated receipts of programs in the group above the dedicated receipts of programs in the group in the last year of the estimating period by more than the applicable threshold.CommentsClose CommentsPermalink
`SEC. 444. LONG-TERM UNFUNDED OBLIGATION ANALYSES BY CONGRESSIONAL BUDGET OFFICE.
`The Director of the Congressional Budget Office shall, to the extent practicable, prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), and submit to such committee--CommentsClose CommentsPermalink
`(1) an estimate of any increase of the long-term unfunded obligation of any applicable entitlement program which would be incurred in carrying out such bill or resolution as measured by the increase of the excess of the discounted present value of the expenditures of such program above the discounted present value of the dedicated receipts of such program over a long-term estimating period by more than an applicable threshold; andCommentsClose CommentsPermalink
`(2) an estimate of any increase in the dollar level of the expenditures of such program above the dedicated receipts of such program above the dedicated receipts of such program in the last year of the estimating period by more than the applicable threshold.CommentsClose CommentsPermalink
The estimates and description so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed.CommentsClose CommentsPermalink
`SEC. 445. DEFINITIONS.
`As used in this part--CommentsClose CommentsPermalink
`(1) the term `applicable entitlement program' shall be defined as any one of the following programs:CommentsClose CommentsPermalink
`(A) Old Age, Survivors, and Disability Insurance.CommentsClose CommentsPermalink
`(B) Medicare.CommentsClose CommentsPermalink
`(C) Civilian retirement and disability (combined Civil Service Retirement System and Federal Employees Retirement System).CommentsClose CommentsPermalink
`(D) Foreign Service Retirement and Disability (combined Foreign Service Retirement and Disability System and Foreign Service Pension System).CommentsClose CommentsPermalink
`(E) Retired Employees Health Benefits.CommentsClose CommentsPermalink
`(F) Military Retirement System.CommentsClose CommentsPermalink
`(G) Uniformed Services Retiree Health Care System.CommentsClose CommentsPermalink
`(H) Railroad Retirement System (combined Rail Industry Pension Fund, Social Security Equivalent Benefit Account, and National Railroad Retirement Investment Trust).CommentsClose CommentsPermalink
`(I) Supplemental Security Income (SSI).CommentsClose CommentsPermalink
`(J) For estimates made on or after January 1, 2008, veterans disability compensation.CommentsClose CommentsPermalink
`(K) Any other entitlement program with regularly available long-term estimates.CommentsClose CommentsPermalink
`(2) The term `entitlement program with regularly available long-term estimates' means a program for which the Director of the Congressional Budget Office, in consultation with the Committees on the Budget of the House of Representatives and the Senate and the Director of the Office of Management and Budget, has determined that it is feasible to make long-term estimates of expenditures and dedicated receipts based on explicit demographic, economic, and other estimating assumptions. The Director shall notify the House and Senate Committees on the Budget in writing, whenever he or she makes such a determination.CommentsClose CommentsPermalink
`(3) The term `applicable group of entitlement programs' shall be defined as any of the following:CommentsClose CommentsPermalink
`(A) Old Age, Survivors, and Disability Insurance.CommentsClose CommentsPermalink
`(B) All applicable entitlement programs except Old Age, Survivors, and Disability Insurance.CommentsClose CommentsPermalink
`(4) The term `long-term estimating period' shall be defined as 75 years, starting with the current year, for all applicable entitlement programs except for Old Age, Survivors, and Disability Insurance. For Old Age, Survivors, and Disability Insurance, the term shall be defined as the infinite period of years utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act.CommentsClose CommentsPermalink
`(5) The term `last year of the estimating period' shall be defined as the 75th year of the long-term estimating period.CommentsClose CommentsPermalink
`(6) The term `dedicated receipts' shall be defined, for all applicable entitlement programs other than Medicare, as taxes and fees received from the public, payments received from Federal agencies on behalf of Federal agency employees who are participants in the program, transfers received by the program under section 7(c)(2) of the Railroad Retirement Act of 1974 (
`(7) The term `expenditures' shall be defined, for all applicable entitlement programs other than Medicare, to include benefit payments, administrative expenses to the extent paid from a dedicated fund, and transfers to other programs made under section 7(c)(2) of the Railroad Retirement Act of 1974 (
`(8) The term `applicable threshold' shall be defined as:CommentsClose CommentsPermalink
`(A) For a group of applicable entitlement programs over a long-term estimating period--CommentsClose CommentsPermalink
`(i) 0.02 percent of the present value of the taxable payroll of the group of programs over the estimating period, for legislation affecting Old Age, Survivors, and Disability Insurance or Medicare; andCommentsClose CommentsPermalink
`(ii) 1 percent of the present value of the expenditures over the estimating period of the programs in the group that are affected by the legislation.CommentsClose CommentsPermalink
`(B) For a group of applicable entitlement programs in the last year of the estimating period--CommentsClose CommentsPermalink
`(i) 0.02 percent of the taxable payroll of the group of programs in that year, for legislation affecting Old Age, Survivors, and Disability Insurance or Medicare;CommentsClose CommentsPermalink
`(ii) 0.01 percent of Gross Domestic Product in that year; orCommentsClose CommentsPermalink
`(iii) 1 percent of the expenditures in that year of the programs in the group that are affected by the legislation.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding after the item relating to section 428 the following:CommentsClose CommentsPermalink
`Part C--Long-Term Unfunded Obligations
`Sec. 441. Analysis of long-term unfunded obligations.CommentsClose CommentsPermalink
`Sec. 442. Point of order against legislation increasing long-term unfunded obligations.CommentsClose CommentsPermalink
`Sec. 443. Standard for determining increase in long-term unfunded obligation.CommentsClose CommentsPermalink
`Sec. 444. Long-term unfunded obligation analyses by congressional budget office.CommentsClose CommentsPermalink
`Sec. 445. Definitions.'.CommentsClose CommentsPermalink
SEC. 222. POINTS OF ORDER.
Section 904 of the Congressional Budget Act of 1974 is amended as follows:CommentsClose CommentsPermalink
(1) Subsection (c)(1) is amended by adding `442,' after `310(d)(2), 313,'.CommentsClose CommentsPermalink
(2) Subsection (d)(2) is amended by adding `442,' after `310(d)(2), 313,'.CommentsClose CommentsPermalink
SEC. 223. SOCIAL SECURITY.
Section 13302(a) of subtitle C of the Budget Enforcement Act of 1990 is amended to read as follows:CommentsClose CommentsPermalink
`(a) In General- It shall be not be in order in the House of Representatives to consider any bill, or joint resolution, as reported, or any amendment thereto or conference report thereon, if, upon enactment, such legislation under consideration would increase the long-term unfunded obligation of the OASDI program, as defined in section 443 of the Congressional Budget Act of 1974.'.CommentsClose CommentsPermalink
TITLE III--COMBATING WASTE, FRAUD, AND ABUSE
Subtitle A--Sunsetting
SEC. 301. REAUTHORIZATION OF DISCRETIONARY PROGRAMS AND UNEARNED ENTITLEMENTS.
(a) Fiscal Year 2011- Effective October 1, 2010, spending authority for each unearned entitlement and high-cost discretionary spending program is frozen at then current levels unless such spending authority is reauthorized after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Fiscal Year 2012- Effective October 1, 2011, spending authority for each discretionary spending program (not including high-cost discretionary spending programs) is frozen at then current levels unless such spending authority is reauthorized after the date of enactment of this Act.CommentsClose CommentsPermalink
(c) Definitions- For purposes of this title--CommentsClose CommentsPermalink
(1) the term `unearned entitlement' means an entitlement not earned by service or paid for in total or in part by assessments or contributions such as Social Security, veterans' benefits, retirement programs, and medicare; andCommentsClose CommentsPermalink
(2) the term `high-cost discretionary program' means the most expensive one-third of discretionary program within each budget function account.CommentsClose CommentsPermalink
SEC. 302. POINT OF ORDER.
(a) In General- 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 appropriates funds above current levels unless such appropriation has been previously authorized by law.CommentsClose CommentsPermalink
(b) Waiver or Suspension- This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn.CommentsClose CommentsPermalink
SEC. 303. DECENNIAL SUNSETTING.
(a) First Decennial Census Year- Effective on the first day of the fiscal year beginning in the first decennial census year after the year 2010 and each 10 years thereafter, the spending authority described in section 301(a) is terminated unless such spending authority is reauthorized after the last date the spending authority was required to be reauthorized under this title.CommentsClose CommentsPermalink
(b) First Decennial Census Year- Effective on the first day of the fiscal year beginning in the year after the first decennial census year after the year 2010 and each 10 years thereafter, the spending authority described in section 301(b) is terminated unless such spending authority is reauthorized after the last date the spending authority was required to be reauthorized under this title.CommentsClose CommentsPermalink
Subtitle B--Legislative Line-Item Veto
SEC. 311. LEGISLATIVE LINE-ITEM VETO.
(a) In General- Title X of the Congressional Budget and Impoundment Control Act of 1974 (
`Part B--Legislative Line-Item Veto
`LINE-ITEM VETO AUTHORITY
`Sec. 1011. (a) Proposed Cancellations- Within 45 calendar days after the enactment of any bill or joint resolution providing any discretionary budget authority, item of direct spending, limited tariff benefit, or targeted tax benefit, the President may propose, in the manner provided in subsection (b), the cancellation of any dollar amount of such discretionary budget authority, item of direct spending, or targeted tax benefit. If the 45 calendar-day period expires during a period where either House of Congress stands adjourned sine die at the end of a Congress or for a period greater than 45 calendar days, the President may propose a cancellation under this section and transmit a special message under subsection (b) on the first calendar day of session following such a period of adjournment.CommentsClose CommentsPermalink
`(b) Transmittal of Special Message-CommentsClose CommentsPermalink
`(1) SPECIAL MESSAGE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The President may transmit to the Congress a special message proposing to cancel any dollar amounts of discretionary budget authority, items of direct spending, limited tariff benefits, or targeted tax benefits.CommentsClose CommentsPermalink
`(B) CONTENTS OF SPECIAL MESSAGE- Each special message shall specify, with respect to the discretionary budget authority, items of direct spending proposed, limited tariff benefits, or targeted tax benefits to be canceled--CommentsClose CommentsPermalink
`(i) the dollar amount of discretionary budget authority, the specific item of direct spending (that OMB, after consultation with CBO, estimates to increase budget authority or outlays as required by section 1017(9)), the limited tariff benefit, or the targeted tax benefit that the President proposes be canceled;CommentsClose CommentsPermalink
`(ii) any account, department, or establishment of the Government to which such discretionary budget authority is available for obligation, and the specific project or governmental functions involved;CommentsClose CommentsPermalink
`(iii) the reasons why such discretionary budget authority, item of direct spending, limited tariff benefit, or targeted tax benefit should be canceled;CommentsClose CommentsPermalink
`(iv) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect (including the effect on outlays and receipts in each fiscal year) of the proposed cancellation;CommentsClose CommentsPermalink
`(v) to the maximum extent practicable, all facts, circumstances, and considerations relating to or bearing upon the proposed cancellation and the decision to propose the cancellation, and the estimated effect of the proposed cancellation upon the objects, purposes, or programs for which the discretionary budget authority, item of direct spending, limited tariff benefit, or the targeted tax benefit is provided;CommentsClose CommentsPermalink
`(vi) a numbered list of cancellations to be included in an approval bill that, if enacted, would cancel discretionary budget authority, items of direct spending, limited tariff benefit, or targeted tax benefits proposed in that special message; andCommentsClose CommentsPermalink
`(vii) if the special message is transmitted subsequent to or at the same time as another special message, a detailed explanation why the proposed cancellations are not substantially similar to any other proposed cancellation in such other message.CommentsClose CommentsPermalink
`(C) DUPLICATIVE PROPOSALS PROHIBITED- The President may not propose to cancel the same or substantially similar discretionary budget authority, item of direct spending, limited tariff benefit, or targeted tax benefit more than one time under this Act.CommentsClose CommentsPermalink
`(D) MAXIMUM NUMBER OF SPECIAL MESSAGES- The President may not transmit to the Congress more than 5 special messages under this subsection related to any bill or joint resolution described in subsection (a), but may transmit not more than 10 special messages for any omnibus budget reconciliation or appropriation measure.CommentsClose CommentsPermalink
`(2) ENACTMENT OF APPROVAL BILL-CommentsClose CommentsPermalink
`(A) DEFICIT REDUCTION- Amounts of budget authority, items of direct spending, limited tariff benefit, or targeted tax benefits which are canceled pursuant to enactment of a bill as provided under this section shall be dedicated only to reducing the deficit or increasing the surplus.CommentsClose CommentsPermalink
`(B) ADJUSTMENT OF LEVELS IN THE CONCURRENT RESOLUTION ON THE BUDGET- Not later than 5 days after the date of enactment of an approval bill as provided under this section, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the cancellation, and the applicable committees shall report revised suballocations pursuant to section 302(b), as appropriate.CommentsClose CommentsPermalink
`(C) ADJUSTMENTS TO STATUTORY LIMITS- After enactment of an approval bill as provided under this section, the Office of Management and Budget shall revise applicable limits under the Balanced Budget and Emergency Deficit Control Act of 1985, as appropriate.CommentsClose CommentsPermalink
`(D) TRUST FUNDS AND SPECIAL FUNDS- Notwithstanding subparagraph (A), nothing in this part shall be construed to require or allow the deposit of amounts derived from a trust fund or special fund which are canceled pursuant to enactment of a bill as provided under this section to any other fund.CommentsClose CommentsPermalink
`PROCEDURES FOR EXPEDITED CONSIDERATION
`Sec. 1012. (a) Expedited Consideration-CommentsClose CommentsPermalink
`(1) IN GENERAL- The majority leader or minority leader of each House or his designee shall (by request) introduce an approval bill as defined in section 1017 not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under section 1011(b). If the bill is not introduced as provided in the preceding sentence in either House, then, on the fourth day of session of that House after the date of receipt of the special message, any Member of that House may introduce the bill.CommentsClose CommentsPermalink
`(2) CONSIDERATION IN THE HOUSE OF REPRESENTATIVES-CommentsClose CommentsPermalink
`(A) REFERRAL AND REPORTING- Any committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the seventh legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar.CommentsClose CommentsPermalink
`(B) PROCEEDING TO CONSIDERATION- After an approval bill is reported by or discharged from committee or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.CommentsClose CommentsPermalink
`(C) CONSIDERATION- The approval bill shall be considered as read. All points of order against an approval bill and against its consideration are waived. The previous question shall be considered as ordered on an approval bill to its passage without intervening motion except five hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order.CommentsClose CommentsPermalink
`(D) SENATE BILL- An approval bill received from the Senate shall not be referred to committee.CommentsClose CommentsPermalink
`(3) CONSIDERATION IN THE SENATE-CommentsClose CommentsPermalink
`(A) MOTION TO PROCEED TO CONSIDERATION- A motion to proceed to the consideration of a bill under this subsection in the Senate shall not be debatable. It shall not be in order to move to reconsider the vote by which the motion to proceed is agreed to or disagreed to.CommentsClose CommentsPermalink
`(B) LIMITS ON DEBATE- Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith (including debate pursuant to subparagraph (D)), shall not exceed 10 hours, equally divided and controlled in the usual form.CommentsClose CommentsPermalink
`(C) APPEALS- Debate in the Senate on any debatable motion or appeal in connection with a bill under this subsection shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form.CommentsClose CommentsPermalink
`(D) MOTION TO LIMIT DEBATE- A motion in the Senate to further limit debate on a bill under this subsection is not debatable.CommentsClose CommentsPermalink
`(E) MOTION TO RECOMMIT- A motion to recommit a bill under this subsection is not in order.CommentsClose CommentsPermalink
`(F) CONSIDERATION OF THE HOUSE BILL-CommentsClose CommentsPermalink
`(i) IN GENERAL- If the Senate has received the House companion bill to the bill introduced in the Senate prior to the vote required under paragraph (1)(C), then the Senate may consider, and the vote under paragraph (1)(C) may occur on, the House companion bill.CommentsClose CommentsPermalink
`(ii) PROCEDURE AFTER VOTE ON SENATE BILL- If the Senate votes, pursuant to paragraph (1)(C), on the bill introduced in the Senate, then immediately following that vote, or upon receipt of the House companion bill, the House bill shall be deemed to be considered, read the third time, and the vote on passage of the Senate bill shall be considered to be the vote on the bill received from the House.CommentsClose CommentsPermalink
`(b) Amendments Prohibited- No amendment to, or motion to strike a provision from, a bill considered under this section shall be in order in either the Senate or the House of Representatives.CommentsClose CommentsPermalink
`PRESIDENTIAL DEFERRAL AUTHORITY
`Sec. 1013. (a) Temporary Presidential Authority To Withhold Discretionary Budget Authority-CommentsClose CommentsPermalink
`(1) IN GENERAL- At the same time as the President transmits to the Congress a special message pursuant to section 1011(b), the President may direct that any dollar amount of discretionary budget authority to be canceled in that special message shall not be made available for obligation for a period not to exceed 45 calendar days from the date the President transmits the special message to the Congress.CommentsClose CommentsPermalink
`(2) EARLY AVAILABILITY- The President shall make any dollar amount of discretionary budget authority deferred pursuant to paragraph (1) available at a time earlier than the time specified by the President if the President determines that continuation of the deferral would not further the purposes of this Act.CommentsClose CommentsPermalink
`(b) Temporary Presidential Authority To Suspend Direct Spending-CommentsClose CommentsPermalink
`(1) IN GENERAL- At the same time as the President transmits to the Congress a special message pursuant to section 1011(b), the President may suspend the implementation of any item of direct spending proposed to be canceled in that special message for a period not to exceed 45 calendar days from the date the President transmits the special message to the Congress.CommentsClose CommentsPermalink
`(2) EARLY AVAILABILITY- The President shall terminate the suspension of any item of direct spending at a time earlier than the time specified by the President if the President determines that continuation of the suspension would not further the purposes of this Act.CommentsClose CommentsPermalink
`(c) Temporary Presidential Authority To Suspend a Limited Tariff Benefit-CommentsClose CommentsPermalink
`(1) IN GENERAL- At the same time as the President transmits to the Congress a special message pursuant to section 1011(b), the President may suspend the implementation of any limited tariff benefit proposed to be canceled in that special message for a period not to exceed 45 calendar days from the date the President transmits the special message to the Congress.CommentsClose CommentsPermalink
`(2) EARLY AVAILABILITY- The President shall terminate the suspension of any limited tariff benefit at a time earlier than the time specified by the President if the President determines that continuation of the suspension would not further the purposes of this Act.CommentsClose CommentsPermalink
`(d) Temporary Presidential Authority To Suspend a Targeted Tax Benefit-CommentsClose CommentsPermalink
`(1) IN GENERAL- At the same time as the President transmits to the Congress a special message pursuant to section 1011(b), the President may suspend the implementation of any targeted tax benefit proposed to be repealed in that special message for a period not to exceed 45 calendar days from the date the President transmits the special message to the Congress.CommentsClose CommentsPermalink
`(2) EARLY AVAILABILITY- The President shall terminate the suspension of any targeted tax benefit at a time earlier than the time specified by the President if the President determines that continuation of the suspension would not further the purposes of this Act.CommentsClose CommentsPermalink
`(e) Extension of 45-Day Period- The President may transmit to the Congress not more than one supplemental special message to extend the period to suspend the implementation of any discretionary budget authority, item of direct spending, limited tariff benefit, or targeted tax benefit, as applicable, by an additional 45 calendar days. Any such supplemental message may not be transmitted to the Congress before the 40th day of the 45-day period set forth in the preceding message or later than the last day of such period.CommentsClose CommentsPermalink
`IDENTIFICATION OF TARGETED TAX BENEFITS
`Sec. 1014. (a) Statement- The chairman of the Committee on Ways and Means of the House of Representatives and the chairman of the Committee on Finance of the Senate acting jointly (hereafter in this subsection referred to as the `chairmen') shall review any revenue or reconciliation bill or joint resolution which includes any amendment to the Internal Revenue Code of 1986 that is being prepared for filing by a committee of conference of the two Houses, and shall identify whether such bill or joint resolution contains any targeted tax benefits. The chairmen shall provide to the committee of conference a statement identifying any such targeted tax benefits or declaring that the bill or joint resolution does not contain any targeted tax benefits. Any such statement shall be made available to any Member of Congress by the chairmen immediately upon request.CommentsClose CommentsPermalink
`(b) Statement Included in Legislation-CommentsClose CommentsPermalink
`(1) IN GENERAL- Notwithstanding any other rule of the House of Representatives or any rule or precedent of the Senate, any revenue or reconciliation bill or joint resolution which includes any amendment to the Internal Revenue Code of 1986 reported by a committee of conference of the two Houses may include, as a separate section of such bill or joint resolution, the information contained in the statement of the chairmen, but only in the manner set forth in paragraph (2).CommentsClose CommentsPermalink
`(2) APPLICABILITY- The separate section permitted under subparagraph (A) shall read as follows: `Section 1021 of the Congressional Budget and Impoundment Control Act of 1974 shall XXXXXX apply to XXXXXXXX.', with the blank spaces being filled in with--CommentsClose CommentsPermalink
`(A) in any case in which the chairmen identify targeted tax benefits in the statement required under subsection (a), the word `only' in the first blank space and a list of all of the specific provisions of the bill or joint resolution in the second blank space; orCommentsClose CommentsPermalink
`(B) in any case in which the chairmen declare that there are no targeted tax benefits in the statement required under subsection (a), the word `not' in the first blank space and the phrase `any provision of this Act' in the second blank space.CommentsClose CommentsPermalink
`(c) Identification in Revenue Estimate- With respect to any revenue or reconciliation bill or joint resolution with respect to which the chairmen provide a statement under subsection (a), the Joint Committee on Taxation shall--CommentsClose CommentsPermalink
`(1) in the case of a statement described in subsection (b)(2)(A), list the targeted tax benefits in any revenue estimate prepared by the Joint Committee on Taxation for any conference report which accompanies such bill or joint resolution, orCommentsClose CommentsPermalink
`(2) in the case of a statement described in 13 subsection (b)(2)(B), indicate in such revenue estimate that no provision in such bill or joint resolution has been identified as a targeted tax benefit.CommentsClose CommentsPermalink
`(d) President's Authority- If any revenue or reconciliation bill or joint resolution is signed into law--CommentsClose CommentsPermalink
`(1) with a separate section described in subsection (b)(2), then the President may use the authority granted in this section only with respect to any targeted tax benefit in that law, if any, identified in such separate section; orCommentsClose CommentsPermalink
`(2) without a separate section described in subsection (b)(2), then the President may use the authority granted in this section with respect to any targeted tax benefit in that law.CommentsClose CommentsPermalink
`TREATMENT OF CANCELLATIONS
`Sec. 1015. The cancellation of any dollar amount of discretionary budget authority, item of direct spending, limited tariff benefit, or targeted tax benefit shall take effect only upon enactment of the applicable approval bill. If an approval bill is not enacted into law before the end of the applicable period under section 1013, then all proposed cancellations contained in that bill shall be null and void and any such dollar amount of discretionary budget authority, item of direct spending, limited tariff benefit, or targeted tax benefit shall be effective as of the original date provided in the law to which the proposed cancellations applied.CommentsClose CommentsPermalink
`REPORTS BY COMPTROLLER GENERAL
`Sec. 1016. With respect to each special message under this part, the Comptroller General shall issue to the Congress a report determining whether any discretionary budget authority is not made available for obligation or item of direct spending, limited tariff benefit, or targeted tax benefit continues to be suspended after the deferral authority set forth in section 1013 of the President has expired.CommentsClose CommentsPermalink
`DEFINITIONS
`Sec. 1017. As used in this part:CommentsClose CommentsPermalink
`(1) APPROPRIATION LAW- The term `appropriation law' means an Act referred to in
`(2) APPROVAL BILL- The term `approval bill' means a bill or joint resolution which only approves proposed cancellations of dollar amounts of discretionary budget authority, items of new direct spending, limited tariff benefits, or targeted tax benefits in a special message transmitted by the President under this part and--CommentsClose CommentsPermalink
`(A) the title of which is as follows: `A bill approving the proposed cancellations transmitted by the President on XXX', the blank space being filled in with the date of transmission of the relevant special message and the public law number to which the message relates;CommentsClose CommentsPermalink
`(B) which does not have a preamble; andCommentsClose CommentsPermalink
`(C) which provides only the following after the enacting clause: `That the Congress approves of proposed cancellations XXX', the blank space being filled in with a list of the cancellations contained in the President's special message, `as transmitted by the President in a special message on XXXX', the blank space being filled in with the appropriate date, `regarding XXXX.', the blank space being filled in with the public law number to which the special message relates;CommentsClose CommentsPermalink
`(D) which only includes proposed cancellations that are estimated by CBO to meet the definition of discretionary budgetary authority or items of direct spending, or limited tariff benefits, or that are identified as targeted tax benefits pursuant to section 1014;CommentsClose CommentsPermalink
`(E) if any proposed cancellation other than discretionary budget authority or targeted tax benefits is estimated by CBO to not meet the definition of item of direct spending, then the approval bill shall include at the end: `The President shall cease the suspension of the implementation of the following under section 1013 of the Impoundment Control Act of 1974: XXXXX', the blank space being filled in with the list of such proposed cancellations; andCommentsClose CommentsPermalink
`(F) if no CBO estimate is available, then the entire list of legislative provisions proposed by the President is inserted in the second blank space in subparagraph (C).CommentsClose CommentsPermalink
`(3) CALENDAR DAY- The term `calendar day' means a standard 24-hour period beginning at midnight.CommentsClose CommentsPermalink
`(4) CANCEL OR CANCELLATION- The terms `cancel' or `cancellation' means to prevent--CommentsClose CommentsPermalink
`(A) budget authority from having legal force or effect;CommentsClose CommentsPermalink
`(B) in the case of entitlement authority, to prevent the specific legal obligation of the United States from having legal force or effect;CommentsClose CommentsPermalink
`(C) in the case of the food stamp program, to prevent the specific provision of law that provides such benefit from having legal force or effect; orCommentsClose CommentsPermalink
`(D) a limited tariff benefit from having legal force or effect, and to make any necessary, conforming statutory change to ensure that such limited tariff benefit is not implemented; orCommentsClose CommentsPermalink
`(E) a targeted tax benefit from having legal force or effect, and to make any necessary, conforming statutory change to ensure that such targeted tax benefit is not implemented and that any budgetary resources are appropriately canceled.CommentsClose CommentsPermalink
`(5) CBO- The term `CBO' means the Director of the Congressional Budget Office.CommentsClose CommentsPermalink
`(6) DIRECT SPENDING- The term `direct spending' means--CommentsClose CommentsPermalink
`(A) budget authority provided by law (other than an appropriation law);CommentsClose CommentsPermalink
`(B) entitlement authority; andCommentsClose CommentsPermalink
`(C) the food stamp program.CommentsClose CommentsPermalink
`(7) DOLLAR AMOUNT OF DISCRETIONARY BUDGET AUTHORITY- (A) Except as provided in subparagraph (B), the term `dollar amount of discretionary budget authority' means the entire dollar amount of budget authority--CommentsClose CommentsPermalink
`(i) specified in an appropriation law, or the entire dollar amount of budget authority or obligation limitation required to be allocated by a specific proviso in an appropriation law for which a specific dollar figure was not included;CommentsClose CommentsPermalink
`(ii) represented separately in any table, chart, or explanatory text included in the statement of managers or the governing committee report accompanying such law;CommentsClose CommentsPermalink
`(iii) required to be allocated for a specific program, project, or activity in a law (other than an appropriation law) that mandates the expenditure of budget authority from accounts, programs, projects, or activities for which budget authority is provided in an appropriation law;CommentsClose CommentsPermalink
`(iv) represented by the product of the estimated procurement cost and the total quantity of items specified in an appropriation law or included in the statement of managers or the governing committee report accompanying such law; orCommentsClose CommentsPermalink
`(v) represented by the product of the estimated procurement cost and the total quantity of items required to be provided in a law (other than an appropriation law) that mandates the expenditure of budget authority from accounts, programs, projects, or activities for which budget authority is provided in an appropriation law.CommentsClose CommentsPermalink
`(B) The term `dollar amount of discretionary budget authority' does not include--CommentsClose CommentsPermalink
`(i) direct spending;CommentsClose CommentsPermalink
`(ii) budget authority in an appropriation law which funds direct spending provided for in other law;CommentsClose CommentsPermalink
`(iii) any existing budget authority canceled in an appropriation law; orCommentsClose CommentsPermalink
`(iv) any restriction, condition, or limitation in an appropriation law or the accompanying statement of managers or committee reports on the expenditure of budget authority for an account, program, project, or activity, or on activities involving such expenditure.CommentsClose CommentsPermalink
`(8) ITEM OF DIRECT SPENDING- The term `item of direct spending' means any provision of law that results in an increase in budget authority or outlays for direct spending relative to the most recent levels calculated consistent with the methodology used to calculate a baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 and included with a budget submission under
`(9) LIMITED TARIFF BENEFIT- The term `limited tariff benefit' means any provision of law that modifies the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities (as defined in paragraph (12)(B)).CommentsClose CommentsPermalink
`(10) OMB- The term `OMB' means the Director of the Office of Management and Budget.CommentsClose CommentsPermalink
`(11) OMNIBUS RECONCILIATION OR APPROPRIATION MEASURE- The term `omnibus reconciliation or appropriation measure' means--CommentsClose CommentsPermalink
`(A) in the case of a reconciliation bill, any such bill that is reported to its House by the Committee on the Budget; orCommentsClose CommentsPermalink
`(B) in the case of an appropriation measure, any such measure that provides appropriations for programs, projects, or activities falling within 2 or more section 302(b) suballocations.CommentsClose CommentsPermalink
`(12) TARGETED TAX BENEFIT- (A) The term `targeted tax benefit' means any revenue-losing provision that provides a Federal tax deduction, credit, exclusion, or preference to ten or fewer beneficiaries (determined with respect to either present law or any provision of which the provision is a part) under the Internal Revenue Code of 1986 in any year for which the provision is in effect;CommentsClose CommentsPermalink
`(B) for purposes of subparagraph (A)--CommentsClose CommentsPermalink
`(i) all businesses and associations that are members of the same controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code of 1986) shall be treated as a single beneficiary;CommentsClose CommentsPermalink
`(ii) all shareholders, partners, members, or beneficiaries of a corporation, partnership, association, or trust or estate, respectively, shall be treated as a single beneficiary;CommentsClose CommentsPermalink
`(iii) all employees of an employer shall be treated as a single beneficiary;CommentsClose CommentsPermalink
`(iv) all qualified plans of an employer shall be treated as a single beneficiary;CommentsClose CommentsPermalink
`(v) all beneficiaries of a qualified plan shall be treated as a single beneficiary;CommentsClose CommentsPermalink
`(vi) all contributors to a charitable organization shall be treated as a single beneficiary;CommentsClose CommentsPermalink
`(vii) all holders of the same bond issue shall be treated as a single beneficiary; andCommentsClose CommentsPermalink
`(viii) if a corporation, partnership, association, trust or estate is the beneficiary of a provision, the shareholders of the corporation, the partners of the partnership, the members of the association, or the beneficiaries of the trust or estate shall not also be treated as beneficiaries of such provision;CommentsClose CommentsPermalink
`(C) for the purpose of this paragraph, the term `revenue-losing provision' means any provision that is estimated to result in a reduction in Federal tax revenues (determined with respect to either present law or any provision of which the provision is a part) for any one of the two following periods--CommentsClose CommentsPermalink
`(i) the first fiscal year for which the provision is effective; orCommentsClose CommentsPermalink
`(ii) the period of the 5 fiscal years beginning with the first fiscal year for which the provision is effective;CommentsClose CommentsPermalink
`(D) the term `targeted tax benefit' does not include any provision which applies uniformly to an entire industry; andCommentsClose CommentsPermalink
`(E) the terms used in this paragraph shall have the same meaning as those terms have generally in the Internal Revenue Code of 1986, unless otherwise expressly provided.CommentsClose CommentsPermalink
`EXPIRATION
`Sec. 1018. This title shall have no force or effect on or after October 1, 2012'.CommentsClose CommentsPermalink
SEC. 312. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Exercise of Rulemaking Powers- Section 904 of the Congressional Budget Act of 1974 (
(1) in subsection (a), by striking `1017' and inserting `1012'; andCommentsClose CommentsPermalink
(2) in subsection (d), by striking `section 1017' and inserting `section 1012'.CommentsClose CommentsPermalink
(b) Analysis by Congressional Budget Office- Section 402 of the Congressional Budget Act of 1974 is amended by inserting `(a)' after `402.' and by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(b) Upon the receipt of a special message under section 1011 proposing to cancel any item of direct spending, the Director of the Congressional Budget Office shall prepare an estimate of the savings in budget authority or outlays resulting from such proposed cancellation relative to the most recent levels calculated consistent with the methodology used to calculate a baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 and included with a budget submission under
(c) Clerical Amendments- (1) Section 1(a) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the last sentence.CommentsClose CommentsPermalink
(2) Section 1022(c) of such Act (as redesignated) is amended is amended by striking `rescinded or that is to be reserved' and insert `canceled' and by striking `1012' and inserting `1011'.CommentsClose CommentsPermalink
(3) Table of Contents- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by deleting the contents for parts B and C of title X and inserting the following:CommentsClose CommentsPermalink
`Part B--Legislative Line-Item Veto
`Sec. 1011. Line-item veto authority.CommentsClose CommentsPermalink
`Sec. 1012. Procedures for expedited consideration.CommentsClose CommentsPermalink
`Sec. 1013. Presidential deferral authority.CommentsClose CommentsPermalink
`Sec. 1014. Identification of targeted tax benefits.CommentsClose CommentsPermalink
`Sec. 1015. Treatment of cancellations.CommentsClose CommentsPermalink
`Sec. 1016. Reports by comptroller general.CommentsClose CommentsPermalink
`Sec. 1017. Definitions.CommentsClose CommentsPermalink
`Sec. 1018. Expiration.CommentsClose CommentsPermalink
`Sec. 1019. Suits by Comptroller General.CommentsClose CommentsPermalink
`Sec. 1020. Proposed deferrals of budget authority.'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this Act shall take effect on the date of its enactment and apply only to any dollar amount of discretionary budget authority, item of direct spending, or targeted tax benefit provided in an Act enacted on or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 313. SENSE OF CONGRESS ON ABUSE OF PROPOSED CANCELLATIONS.
It is the sense of Congress no President or any executive branch official should condition the inclusion or exclusion or threaten to condition the inclusion or exclusion of any proposed cancellation in any special message under this section upon any vote cast or to be cast by any Member of either House of Congress.CommentsClose CommentsPermalink
SEC. 314. AMENDING HOUSE RULES TO REQUIRE THAT RESCISSION BILLS ALWAYS BE CONSIDERED UNDER OPEN RULES.
(a) Rules Amendment- Clause 6(c) of rule XIII of the Rules of the House of Representatives is amended by striking the period and inserting `; or' at the end of subparagraph (2) and by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(3) a rule or order that would limit any amendment that would otherwise be in order to a rescission bill.'.CommentsClose CommentsPermalink
(b) Automatic Allocations Reductions- Clause 4(b) of rule X of the Rules of the House of Representatives is amended by inserting `(1)' after `(b)', by redesignating subparagraphs (1) through (6) as subdivisions (A) through (F), respectively, and by adding at the end the following:CommentsClose CommentsPermalink
`(2)(A) Whenever a rescission bill passes the House, the Committee on the Budget shall immediately reduce the applicable allocations under section 302(a) of the Congressional Budget Act of 1974 by the total amount of reductions in budget authority and in outlays resulting from such rescission bill.CommentsClose CommentsPermalink
`(B) As used in this subparagraph, the term `rescission bill' means a bill or joint resolution which only rescinds, in whole or in part, budget authority and which includes only titles corresponding to the most recently enacted appropriation bills that continue to include unobligated balances.'.CommentsClose CommentsPermalink
(c) Privileged Discharge Resolutions- Rule XIII of the Rules of the House of Representatives is amended by adding at the end the following new clause:CommentsClose CommentsPermalink
`8. (a) By February 1, May 1, July 30, and November 11 of each session, the majority leader shall introduce a rescission bill. If such bill is not introduced by that date, then whenever a rescission bill is introduced during a session on or after that date, a motion to discharge the committee from its consideration shall be privileged after the 10-legislative day period beginning on that date for the first 5 such bills.CommentsClose CommentsPermalink
`(b) It shall not be in order to offer any amendment to a rescission bill except an amendment that increases the amount of budget authority that such bill rescinds.CommentsClose CommentsPermalink
`(c) As used in this clause and in clause 6, the term `rescission bill' has the meaning given such term in clause 4(b)(2)(B) of rule X.'.CommentsClose CommentsPermalink
(d) Point of Order- Rule XXI of the Rules of the House of Representatives (as amended by subsection (d)) is further amended by adding at the end the following new clause:CommentsClose CommentsPermalink
`9. (a) It shall not be in order to consider any rescission bill, or conference report thereon or amendment thereto, unless--CommentsClose CommentsPermalink
`(1) in the case of such bill or conference report thereon, it is made available to Members and the general public on the Internet for at least 48 hours before its consideration; orCommentsClose CommentsPermalink
`(2)(A) in the case of an amendment to such rescission bill made in order by a rule, it is made available to Members and the general public on the Internet within one hour after the rule is filed; orCommentsClose CommentsPermalink
`(B) in the case of an amendment under an open rule, it is made available to Members and the general public on the Internet immediately after being offered; in a format that is searchable and sortable.CommentsClose CommentsPermalink
`(b) No amendment to an amendment to a rescission bill shall be in order unless germane to the amendment to which it is offered.'.CommentsClose CommentsPermalink
Subtitle C--Commission to Eliminate Waste, Fraud, and Abuse
SEC. 331. ESTABLISHMENT OF COMMISSION.
(a) Establishment- There is established the Commission to Eliminate Waste, Fraud, and Abuse (hereafter in this subtitle referred to as the `Commission').CommentsClose CommentsPermalink
(b) Membership-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall consist of 12 members, all of whom shall be appointed by the President not later than 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(2) CHAIRPERSON AND VICE CHAIRPERSON- The President shall designate a chairperson and vice chairperson from among the members of the Commission.CommentsClose CommentsPermalink
(c) Period of Appointment; Vacancies- Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.CommentsClose CommentsPermalink
(d) Meetings-CommentsClose CommentsPermalink
(1) INITIAL MEETING- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.CommentsClose CommentsPermalink
(2) SUBSEQUENT MEETINGS- The Commission shall meet at the call of the chairperson.CommentsClose CommentsPermalink
(e) Quorum- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink
SEC. 332. DUTIES OF THE COMMISSION.
(a) Definitions- In this section, the following definitions shall apply:CommentsClose CommentsPermalink
(1) AGENCY- The term `agency' has the meaning given the term `Executive agency' under
(2) PROGRAM- The term `program' means any activity or function of an agency.CommentsClose CommentsPermalink
(b) In General- The Commission shall--CommentsClose CommentsPermalink
(1) evaluate all agencies and programs within those agencies, using the criteria under subsection (c); andCommentsClose CommentsPermalink
(2) submit to Congress--CommentsClose CommentsPermalink
(A) a plan with recommendations of the agencies and programs that should be realigned or eliminated; andCommentsClose CommentsPermalink
(B) proposed legislation to implement the plan described under subparagraph (A).CommentsClose CommentsPermalink
(c) Criteria-CommentsClose CommentsPermalink
(1) DUPLICATIVE- If two or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned.CommentsClose CommentsPermalink
(2) WASTEFUL OR INEFFICIENT- The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by--CommentsClose CommentsPermalink
(A) egregious spending;CommentsClose CommentsPermalink
(B) mismanagement of resources and personnel; orCommentsClose CommentsPermalink
(C) use of such funds for personal benefit or the benefit of a special interest group.CommentsClose CommentsPermalink
(3) OUTDATED, IRRELEVANT, OR FAILED- The Commission shall recommend the elimination of any agency or program that--CommentsClose CommentsPermalink
(A) has completed its intended purpose;CommentsClose CommentsPermalink
(B) has become irrelevant; orCommentsClose CommentsPermalink
(C) has failed to meet its objectives.CommentsClose CommentsPermalink
(d) Systematic Assessment of Programs-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the President shall--CommentsClose CommentsPermalink
(A) establish a systematic method for assessing the effectiveness and accountability of agency programs; andCommentsClose CommentsPermalink
(B) submit, to the Commission, assessments of not less than 1/2 of all programs covered under subsection (b)(1) that use the method established under subparagraph (A).CommentsClose CommentsPermalink
(2) METHOD OBJECTIVES- The method established under paragraph (1) shall--CommentsClose CommentsPermalink
(A) recognize different types of Federal programs;CommentsClose CommentsPermalink
(B) assess programs based primarily on the achievement of performance goals (as defined under
(C) assess programs based in part on the adequacy of the program's performance measures, financial management, and other factors determined by the President.CommentsClose CommentsPermalink
(3) DEVELOPMENT- The method established under paragraph (1) shall not be implemented until it has been reviewed and accepted by the Commission.CommentsClose CommentsPermalink
(4) CONSIDERATION OF ASSESSMENTS- The Commission shall consider assessments submitted under this subsection when evaluating programs under subsection (b)(1).CommentsClose CommentsPermalink
(e) Common Performance Measures- Not later than 1 year after the date of enactment of this Act, the President shall identify common performance measures for programs covered in subsection (b)(1) that have similar functions and, to the extent feasible, provide the Commission with data on such performance measures.CommentsClose CommentsPermalink
(f) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that includes--CommentsClose CommentsPermalink
(A) the plan described under subsection (b)(2)(A), with supporting documentation for all recommendations; andCommentsClose CommentsPermalink
(B) the proposed legislation described under subsection (b)(2)(B).CommentsClose CommentsPermalink
(2) RELOCATION OF FEDERAL EMPLOYEES- The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency.CommentsClose CommentsPermalink
SEC. 333. POWERS OF THE COMMISSION.
(a) Hearings- The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this subtitle--CommentsClose CommentsPermalink
(1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable;CommentsClose CommentsPermalink
(2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; andCommentsClose CommentsPermalink
(3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission.CommentsClose CommentsPermalink
(b) Subpoenas-CommentsClose CommentsPermalink
(1) ISSUANCE- Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose.CommentsClose CommentsPermalink
(2) ENFORCEMENT- In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.CommentsClose CommentsPermalink
(c) Information From Federal Agencies- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.CommentsClose CommentsPermalink
(d) Postal Services- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Government.CommentsClose CommentsPermalink
(e) Gifts- The Commission may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink
SEC. 334. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members-CommentsClose CommentsPermalink
(1) NON-FEDERAL MEMBERS- Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Government shall not be compensated.CommentsClose CommentsPermalink
(2) FEDERAL OFFICERS OR EMPLOYEES- All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.CommentsClose CommentsPermalink
(b) Travel Expenses- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.CommentsClose CommentsPermalink
(c) Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.CommentsClose CommentsPermalink
(2) COMPENSATION- Upon the approval of the chairperson, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS-15 of the General Schedule under section 5332 of such title.CommentsClose CommentsPermalink
(3) PERSONNEL AS FEDERAL EMPLOYEES-CommentsClose CommentsPermalink
(A) IN GENERAL- The executive director and any personnel of the Commission who are employees shall be employees under
(B) MEMBERS OF COMMISSION- Subparagraph (A) shall not be construed to apply to members of the Commission.CommentsClose CommentsPermalink
(d) Detail of Government Employees- Any Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink
(e) Procurement of Temporary and Intermittent Services- The chairperson of the Commission may procure temporary and intermittent services under
SEC. 335. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the Commission submits the report under section 232(f).CommentsClose CommentsPermalink
SEC. 336. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) IMPLEMENTATION BILL- The term `implementation bill' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in the report submitted to Congress under section 232, without modification.CommentsClose CommentsPermalink
(2) CALENDAR DAY- The term `calendar day' means a calendar day other than one on which either House is not in session because of an adjournment of more than 3 days to a date certain.CommentsClose CommentsPermalink
(b) Introduction; Referral; and Report or Discharge-CommentsClose CommentsPermalink
(1) INTRODUCTION- On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 232, a single implementation bill shall be introduced (by request)--CommentsClose CommentsPermalink
(A) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate; andCommentsClose CommentsPermalink
(B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the minority leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and minority leader of the House of Representatives.CommentsClose CommentsPermalink
(2) REFERRAL- The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment.CommentsClose CommentsPermalink
(3) REPORT OR DISCHARGE- If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar.CommentsClose CommentsPermalink
(c) Floor Consideration-CommentsClose CommentsPermalink
(1) IN GENERAL- When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of.CommentsClose CommentsPermalink
(2) AMENDMENTS- An implementation bill may not be amended in the Senate or the House of Representatives.CommentsClose CommentsPermalink
(3) DEBATE- Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order.CommentsClose CommentsPermalink
(4) VOTE ON FINAL PASSAGE- Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur.CommentsClose CommentsPermalink
(5) RULINGS OF THE CHAIR ON PROCEDURE- Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate.CommentsClose CommentsPermalink
(d) Coordination With Action by Other House- If, before the passage by 1 House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply:CommentsClose CommentsPermalink
(1) NONREFERRAL- The implementation bill of the other House shall not be referred to a committee.CommentsClose CommentsPermalink
(2) VOTE ON BILL OF OTHER HOUSE- With respect to an implementation bill of the House receiving the implementation bill--CommentsClose CommentsPermalink
(A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; butCommentsClose CommentsPermalink
(B) the vote on final passage shall be on the implementation bill of the other House.CommentsClose CommentsPermalink
(e) Rules of Senate and House of Representatives- This section is enacted by Congress--CommentsClose CommentsPermalink
(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a 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 an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; andCommentsClose CommentsPermalink
(2) with full recognition of the constitutional right of either House to change the rules (so far as relating 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.CommentsClose CommentsPermalink
SEC. 337. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary for carrying out this subtitle for each of the fiscal years 2008 through 2010.CommentsClose CommentsPermalink
TITLE IV--TRUTH IN ACCOUNTING
Subtitle A--Accrual Funding of Pensions and Retirement Pay for Federal Employees and Uniformed Services Personnel
SEC. 401. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Civil Service Retirement and Disability Fund- Chapter 83 of title 5, United States Code, is amended--CommentsClose CommentsPermalink
(1) in section 8331--CommentsClose CommentsPermalink
(A) in paragraph (17)--CommentsClose CommentsPermalink
(i) by striking `normal cost' and inserting `normal cost percentage'; andCommentsClose CommentsPermalink
(ii) by inserting `and standards (using dynamic assumptions)' after `practice';CommentsClose CommentsPermalink
(B) by amending paragraph (18) to read as follows:CommentsClose CommentsPermalink
`(18) `Fund balance' means the current net assets of the Fund available for payment of benefits, as determined by the Office in accordance with appropriate accounting standards, but does not include any amount attributable to--CommentsClose CommentsPermalink
`(A) the Federal Employees' Retirement System; orCommentsClose CommentsPermalink
`(B) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;'CommentsClose CommentsPermalink
(C) by amending paragraph (19) to read as follows:CommentsClose CommentsPermalink
`(19) `accrued liability' means the estimated excess of the present value of all benefits payable from the Fund to employees and Members, and former employees and Members, subject to this subchapter, and their survivors, over the present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this subchapter and of future agency contributions to be made in their behalf;'CommentsClose CommentsPermalink
(D) in paragraph (27) by striking `and' at the end;CommentsClose CommentsPermalink
(E) in paragraph (28) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(F) by adding at the end the following paragraphs:CommentsClose CommentsPermalink
`(29) `dynamic assumptions' means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future--CommentsClose CommentsPermalink
`(A) investment yields;CommentsClose CommentsPermalink
`(B) increases in rates of basic pay; andCommentsClose CommentsPermalink
`(C) rates of price inflation; andCommentsClose CommentsPermalink
`(30) `unfunded liability' means the estimated excess of--CommentsClose CommentsPermalink
`(A) the actuarial present value of all future benefits payable from the Fund under this subchapter based on the service of current or former employees or Members, overCommentsClose CommentsPermalink
`(B) the sum of--CommentsClose CommentsPermalink
`(i) the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8334;CommentsClose CommentsPermalink
`(ii) the actuarial present value of the future contributions to be made pursuant to section 8334 with respect to employees and Members currently subject to this subchapter;CommentsClose CommentsPermalink
`(iii) the Fund balance, as defined in paragraph (18), as of the date the unfunded liability is determined; andCommentsClose CommentsPermalink
`(iv) any other appropriate amount, as determined by the Office of Personnel Management in accordance with generally accepted actuarial practices and principles.';CommentsClose CommentsPermalink
(2) in section 8334--CommentsClose CommentsPermalink
(A) in subsection (a)(1)--CommentsClose CommentsPermalink
(i) by striking the last two sentences;CommentsClose CommentsPermalink
(ii) by redesignating that subsection, as so amended, as (a)(1)(A); andCommentsClose CommentsPermalink
(iii) by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink
`(B) Except as provided in subparagraph (E), each employing agency having any employees or Members subject to subparagraph (A) shall contribute from amounts available for salaries and expenses an amount equal to the sum of--CommentsClose CommentsPermalink
`(i) the product of--CommentsClose CommentsPermalink
`(I) the normal cost percentage, as determined for employees (other than employees covered by clause (ii)), multiplied byCommentsClose CommentsPermalink
`(II) the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under subclause (I)) who are within such agency; andCommentsClose CommentsPermalink
`(ii) the product of--CommentsClose CommentsPermalink
`(I) the normal cost percentage, as determined for Members, Congressional employees, law enforcement officers, firefighters, air traffic controllers, bankruptcy judges, Court of Federal Claims judges, United States magistrates, judges of the United States Court of Appeals for the Armed Forces, members of the Capitol Police, nuclear materials couriers, and members of the Supreme Court Police, multiplied byCommentsClose CommentsPermalink
`(II) the aggregate amount of basic pay payable by the agency for the period involved, to employees and Members (under subclause (I)) who are within such agency.CommentsClose CommentsPermalink
`(C) In determining the normal cost percentage to be applied under subparagraph (B), amounts provided for under subparagraph (A) shall be taken into account.CommentsClose CommentsPermalink
`(D) Contributions under this paragraph shall be paid--CommentsClose CommentsPermalink
`(i) in the case of law enforcement officers, firefighters, air traffic controllers, bankruptcy judges, Court of Federal Claims judges, United States magistrates, judges of the United States Court of Appeals for the Armed Forces, members of the Supreme Court Police, nuclear materials couriers and other employees, from the appropriations or fund used to pay such law enforcement officers, firefighters, air traffic controllers, bankruptcy judges, Court of Federal Claims judges, United States magistrates, judges of the United States Court of Appeals for the Armed Forces, members of the Supreme Court Police, nuclear materials couriers and other employees, respectively;CommentsClose CommentsPermalink
`(ii) in the case of elected officials, from an appropriation or fund available for payment of other salaries of the same office or establishment; andCommentsClose CommentsPermalink
`(iii) in the case of employees of the legislative branch paid by the Clerk of the House of Representatives, from the contingent fund of the House.CommentsClose CommentsPermalink
`(E) In the case of the United States Postal Service, the Metropolitan Washington Airports Authority, and the government of the District of Columbia, an amount equal to that withheld under subparagraph (A) shall be contributed from the appropriation or fund used to pay the employee.'; andCommentsClose CommentsPermalink
(B) in subsection (k)--CommentsClose CommentsPermalink
(i) in paragraph (1)--CommentsClose CommentsPermalink
(I) in subparagraph (A) by striking `the first sentence of subsection (a)(1) of this section' and inserting `subsection (a)(1)(A)'; andCommentsClose CommentsPermalink
(II) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) the amount of the contribution under subsection (a)(1)(B) shall be the amount which would have been contributed under such subsection if this subsection had not been enacted.'; andCommentsClose CommentsPermalink
(ii) in paragraph (2)(C)(iii) by striking `the first sentence of subsection (a)(1)' and inserting `subsection (a)(1)(A)'; andCommentsClose CommentsPermalink
(3) in section 8348--CommentsClose CommentsPermalink
(A) by repealing subsection (f);CommentsClose CommentsPermalink
(B) by amending subsection (g) to read as follows:CommentsClose CommentsPermalink
`(g)(1)(A) Not later than June 30, 2008, the Office of the Actuary shall determine the unfunded liability of the Fund, as of September 30, 2007, attributable to benefits payable under this chapter and make recommendations regarding its liquidation. After considering such recommendations, the Office shall establish an amortization schedule, including a series of annual installments commencing October 1, 2008, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(B) The Office shall redetermine the unfunded liability of the Fund as of the close of the fiscal year, for each fiscal year beginning after September 30, 2007, through the fiscal year ending September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(C) The Office shall redetermine the unfunded liability of the Fund as of the close of the fiscal year for each fiscal year beginning after September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability over five years.CommentsClose CommentsPermalink
`(D) Amortization schedules established under this paragraph shall be set in accordance with generally accepted actuarial practices and principles, with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System.CommentsClose CommentsPermalink
`(2) At the beginning of each fiscal year, beginning on October 1, 2008, the Office shall notify the Secretary of the Treasury of the amount of the first installment under the most recent amortization schedule established under paragraph (1). The Secretary shall credit that amount to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated.CommentsClose CommentsPermalink
`(3) For the purpose of carrying out paragraph (1) with respect to any fiscal year, the Office may--CommentsClose CommentsPermalink
`(A) require the Board of Actuaries of the Civil Service Retirement System to make actuarial determinations and valuations, make recommendations, and maintain records in accordance with section 8347(f); andCommentsClose CommentsPermalink
`(B) use the latest actuarial determinations and valuations made by such Board of Actuaries.';CommentsClose CommentsPermalink
(C) in subsections (h), (i), and (m) by striking `unfunded' and inserting `accrued' each place it appears; andCommentsClose CommentsPermalink
(D) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(n) Under regulations prescribed by the Office, the head of an agency may request reconsideration of any amount determined to be payable with respect to such agency under section 8334(a)(1)(B)-(D). Any such request shall be referred to the Board of Actuaries of the Civil Service Retirement System. The Board of Actuaries shall review the computations of the Office and may make any adjustment with respect to any such amount which the Board determines appropriate. A determination by the Board of Actuaries under this subsection shall be final.'.CommentsClose CommentsPermalink
(b) Government Contributions-
(1) in subsection (a)(2) by striking `section 8422' and inserting `section 8422(a)'; andCommentsClose CommentsPermalink
(2) in subsection (b)(2) by striking `equal annual installments' and inserting `annual installments set in accordance with generally accepted actuarial practices and principles'.CommentsClose CommentsPermalink
SEC. 402. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM.
(a) Section 101 of the Central Intelligence Agency Retirement Act (
(1) in paragraph (5), to read as follows:CommentsClose CommentsPermalink
`(5) UNFUNDED LIABILITY- The term `unfunded liability' means the estimated excess of--CommentsClose CommentsPermalink
`(A) the actuarial present value of all future benefits payable from the Fund under title II of this Act based on the service of current or former participants, overCommentsClose CommentsPermalink
`(B) the sum of--CommentsClose CommentsPermalink
`(i) the actuarial present value of deductions to be withheld from the future basic pay of participants currently subject to title II of this Act pursuant to section 211;CommentsClose CommentsPermalink
`(ii) the actuarial present value of the future contributions to be made pursuant to section 211 with respect to participants currently subject to title II of this Act;CommentsClose CommentsPermalink
`(iii) the Fund balance, as defined in paragraph (4), as of the date the unfunded liability is determined; andCommentsClose CommentsPermalink
`(iv) any other appropriate amount, as determined by the Director in accordance with generally accepted actuarial practices and principles.';CommentsClose CommentsPermalink
(2) in paragraph (6)--CommentsClose CommentsPermalink
(A) by striking `normal cost' and inserting `normal cost percentage'; andCommentsClose CommentsPermalink
(B) by inserting `and standards (using dynamic assumptions)' after `practice'; andCommentsClose CommentsPermalink
(3) by adding at the end the following paragraph:CommentsClose CommentsPermalink
`(10) DYNAMIC ASSUMPTIONS- The term `dynamic assumptions' means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future--CommentsClose CommentsPermalink
`(A) investment yields;CommentsClose CommentsPermalink
`(B) increases in rates of basic pay; andCommentsClose CommentsPermalink
`(C) rates of price inflation.'.CommentsClose CommentsPermalink
(b) Section 202 of such Act (
(c) Section 211(a)(2) of such Act (
`(2) AGENCY CONTRIBUTIONS- The Agency shall contribute to the Fund the amount computed in a manner similar to that used under
(d) Section 261 of such Act (
(1) by striking subsections (c), (d), and (e); andCommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following new subsections:CommentsClose CommentsPermalink
`(c)(1) Not later than June 30, 2008, the Director shall cause to be made actuarial valuations of the Fund that determine the unfunded liability of the Fund, as of September 30, 2007, attributable to benefits payable under this title and make recommendations regarding its liquidation. After considering such recommendations, the Director shall establish an amortization schedule, including a series of annual installments commencing October 1, 2008, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(2) The Director shall redetermine the unfunded liability of the Fund as of the close of the fiscal year, for each fiscal year beginning after September 30, 2007, through the fiscal year ending September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(3) The Director shall redetermine the unfunded liability of the Fund as of the close of the fiscal year for each fiscal year beginning after September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability over five years.CommentsClose CommentsPermalink
`(4) Amortization schedules established under this subsection shall be set in accordance with generally accepted actuarial practices and principles, with interest computed at the rate used in the most recent valuation of the Civil Service Retirement and Disability System.CommentsClose CommentsPermalink
`(d) At the beginning of each fiscal year, beginning on October 1, 2008, the Director shall notify the Secretary of the Treasury of the amount of the first installment under the most recent amortization schedule established under subsection (c). The Secretary shall credit that amount to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated. For the purposes of Section 504 of the National Security Act of 1947, this amount shall be considered authorized.'.CommentsClose CommentsPermalink
(e)(1) Title III of such Act (
`SEC. 308. FULL FUNDING OF RETIREE COSTS FOR EMPLOYEES DESIGNATED UNDER SECTION 302.
`(a) In addition to other government contributions required by law, the Agency shall contribute to the Civil Service Retirement and Disability fund (hereinafter in this section referred to as the `Fund') amounts calculated in accordance with
`(b)(1) The Director of the Office of Personnel Management, in consultation with the Director, shall determine the total amount of unpaid contributions (government and employee contributions) and interest attributable to the number of individuals employed with the Agency on September 30, 2008, who are projected to be designated under section 302 of this Act, but are not yet designated under that section as of that date. The amount shall be referred to as the section 302 unfunded liability.CommentsClose CommentsPermalink
`(2) Not later than June 30, 2009, the Director of the Office of Personnel Management, in consultation with the Director, shall establish an amortization schedule, setting forth a series of annual installments commencing September 30, 2009, which provides for the liquidation of the section 302 unfunded liability by September 30, 2016.CommentsClose CommentsPermalink
`(3) At the end of each fiscal year, beginning on September 30, 2009, the Director shall notify the Secretary of the Treasury of the amount of the annual installment under the amortization schedule established under paragraph (2) of this subsection. Before closing the accounts for that fiscal year, the Secretary shall credit that amount to the Fund, out of any money in the Treasury of the United States not otherwise appropriated.CommentsClose CommentsPermalink
`(c) Amounts paid by the Agency pursuant to this section are deemed to be specifically authorized by the Congress for the purposes of section 504 of the National Security Act of 1947.'.CommentsClose CommentsPermalink
(2) The table of contents of such Act is amended by inserting after the item relating to section 307 the following new item:CommentsClose CommentsPermalink
`Sec. 308. Full funding of retiree costs for employees designated under section 302.'.CommentsClose CommentsPermalink
SEC. 403. FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.
(a) Chapter 8 of title I of the Foreign Service Act of 1980,
(1) by amending paragraph (5) to read as follows:CommentsClose CommentsPermalink
`(5) `normal cost percentage' means the entry-age normal cost computed in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay.';CommentsClose CommentsPermalink
(2) by amending paragraph (14) to read as follows:CommentsClose CommentsPermalink
`(14) `unfunded liability' means the estimated excess of--CommentsClose CommentsPermalink
`(A) the actuarial present value of all future benefits payable from the Fund under this part based on the service of current or former participants, overCommentsClose CommentsPermalink
`(B) the sum of--CommentsClose CommentsPermalink
`(i) the actuarial present value of deductions to be withheld from the future basic pay of participants currently subject to this part pursuant to section 805;CommentsClose CommentsPermalink
`(ii) the actuarial present value of the future contributions to be made pursuant to section 805 with respect to participants currently subject to this part;CommentsClose CommentsPermalink
`(iii) the Fund balance, as defined in paragraph (7), as of the date the unfunded liability is determined, excluding any amount attributable to the Foreign Service Pension System, or contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Foreign Service Pension System; andCommentsClose CommentsPermalink
`(iv) any other appropriate amount, as determined by the Secretary of the Treasury in accordance with generally accepted actuarial practices and principles.'; andCommentsClose CommentsPermalink
(3)(A) by striking the period at the end of paragraph (15) and inserting `; and'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(16) `dynamic assumptions' means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future--CommentsClose CommentsPermalink
`(A) investment yields;CommentsClose CommentsPermalink
`(B) increases in rates of basic pay; andCommentsClose CommentsPermalink
`(C) rates of price inflation.'.CommentsClose CommentsPermalink
(b) Chapter 8 of title I of the Foreign Service Act of 1980,
(1) in paragraph (4)--CommentsClose CommentsPermalink
(A) by striking `normal cost' and inserting `normal cost percentage'; andCommentsClose CommentsPermalink
(B) by striking `by the Secretary of State';CommentsClose CommentsPermalink
(2) in paragraph (7)--CommentsClose CommentsPermalink
(A) by striking `supplemental' and inserting `unfunded';CommentsClose CommentsPermalink
(B) in subparagraph (B)(i) by striking `(I)' and `and (II) contributions for past civilian and military service'; andCommentsClose CommentsPermalink
(C) in subparagraph (B)(ii) by inserting before the semicolon `with respect to participants currently subject to this part'; andCommentsClose CommentsPermalink
(3)(A) at the end of paragraph (8) by striking `and';CommentsClose CommentsPermalink
(B) at the end of paragraph (9) by striking the period and inserting `; and'; andCommentsClose CommentsPermalink
(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(10) `dynamic assumptions' means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future--CommentsClose CommentsPermalink
`(A) investment yields;CommentsClose CommentsPermalink
`(B) increases in rates of basic pay; andCommentsClose CommentsPermalink
`(C) rates of price inflation.'.CommentsClose CommentsPermalink
(c) Chapter 8 of title I of the Foreign Service Act of 1980,
(1) by striking the second sentence;CommentsClose CommentsPermalink
(2) (by redesignating that subsection, as so amended, as (a)(1)(A);CommentsClose CommentsPermalink
(3) by redesignating the last sentence of that subsection, as so amended as (a)(1)(C);CommentsClose CommentsPermalink
(4) by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
`(B) Each employing agency having participants shall contribute to the Fund the amount computed in a manner similar to that used under
(5) in subsection (a)(2)(A) by striking `An equal amount shall be contributed by the Department' and inserting in its place `Each employing agency having participants shall contribute to the Fund the amount computed in a manner similar to that used under
(6) in subsection (a)(2)(B) by striking `An equal amount shall be contributed by the Department' and inserting in its place `Each employing agency having participants shall contribute to the Fund from amounts available for salaries and expenses the amount computed in a manner similar to that used under
(d) Chapter 8 of title I of the Foreign Service Act of 1980,
`Sec. 821 Unfunded liability
`(a)(1) Not later than June 30, 2008, the Secretary of State shall cause to be made actuarial valuations of the Fund that determine the unfunded liability of the Fund, as of September 30, 2007, attributable to benefits payable under this subchapter and make recommendations regarding its liquidation. After considering such recommendations, the Secretary of State shall establish an amortization schedule, including a series of annual installments commencing October 1, 2007, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(2) The Secretary of State shall redetermine the unfunded liability of the Fund as of the close of the fiscal year, for each fiscal year beginning after September 30, 2007, through the fiscal year ending September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(3) The Secretary of State shall redetermine the unfunded liability of the Fund as of the close of the fiscal year for each fiscal year beginning after September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability over five years.CommentsClose CommentsPermalink
`(4) Amortization schedules established under this subsection shall be set in accordance with generally accepted actuarial practices and principles, with interest computed at the rate used in the most recent valuation of the Foreign Service Retirement and Disability System.CommentsClose CommentsPermalink
`(b) At the beginning of each fiscal year, beginning on October 1, 2008, the Secretary of State shall notify the Secretary of the Treasury of the amount of the first installment under the most recent amortization schedule established under paragraph (1). The Secretary of the Treasury shall credit that amount to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated.'.CommentsClose CommentsPermalink
(e) Chapter 8 of title I of the Foreign Service Act of 1980,
(f) Chapter 8 of title I of the Foreign Service Act of 1980,
(g) Chapter 8 of title I of the Foreign Service Act of 1980,
(h) Chapter 8 of title I of the Foreign Service Act of 1980,
SEC. 404. PUBLIC HEALTH SERVICE COMMISSIONED CORPS RETIREMENT SYSTEM.
(a) In General- Title II of the Public Health Service Act (
`Part C--Public Health Service Commissioned Corps Retirement System
`ESTABLISHMENT AND PURPOSE OF FUND
`Sec. 251. There is established on the books of the Treasury a fund to be known as the Public Health Service Commissioned Corps Retirement Fund (hereinafter in this part referred to as the `Fund'), which shall be administered by the Secretary. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis liabilities of the Department of Health and Human Services for benefits payable on account of retirement, disability, or death to commissioned officers of the Public Health Service and to their survivors pursuant to part A of this title.CommentsClose CommentsPermalink
`ASSETS OF THE FUND
`Sec. 252. There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:CommentsClose CommentsPermalink
`(1) Amounts paid into the Fund under section 255.CommentsClose CommentsPermalink
`(2) Any return on investment of the assets of the Fund.CommentsClose CommentsPermalink
`(3) Amounts transferred into the Fund pursuant to section 404(c) of the Family Budget Protection Act of 2007.CommentsClose CommentsPermalink
`PAYMENT FROM THE FUND
`Sec. 253. There shall be paid from the Fund benefits payable on account of retirement, disability, or death to commissioned officers of the Public Health Service and to their survivors pursuant to part A of this title.CommentsClose CommentsPermalink
`DETERMINATION OF CONTRIBUTIONS TO THE FUND
`Sec. 254. (a)(1) Not later than June 30, 2008, the Secretary shall determine the unfunded liability of the Fund attributable to service performed as of September 30, 2007, which is `active service' for the purpose of section 212. The Secretary shall establish an amortization schedule, including a series of annual installments commencing October 1, 2008, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(2) The Secretary shall redetermine the unfunded liability of the Fund as of the close of the fiscal year, for each fiscal year beginning after September 30, 2007, through the fiscal year ending September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(3) The Secretary shall redetermine the unfunded liability of the Fund as of the close of the fiscal year for each fiscal year beginning after September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability over 5 years.CommentsClose CommentsPermalink
`(b) The Secretary shall determine each fiscal year, in sufficient time for inclusion in the budget request for the following fiscal year, the total amount of Department of Health and Human Services contributions to be made to the Fund during the fiscal year under section 255(a). That amount shall be the sum of--CommentsClose CommentsPermalink
`(1) the product of--CommentsClose CommentsPermalink
`(A) the current estimate of the value of the single level percentage of basic pay to be determined under subsection (c)(1) at the time of the most recent actuarial valuation under subsection (c); andCommentsClose CommentsPermalink
`(B) the total amount of basic pay expected to be paid during that fiscal year to commissioned officers of the Public Health Service on active duty (other than active duty for training); andCommentsClose CommentsPermalink
`(2) the product of--CommentsClose CommentsPermalink
`(A) the current estimate of the value of the single level percentage of basic pay and of compensation (paid pursuant to
`(B) the total amount of basic pay and of compensation (paid pursuant to
`(c) Not less often than every four years thereafter (or by the fiscal year end prior to the effective date of any statutory change affecting benefits payable on account of retirement, disability, or death to commissioned officers or their survivors), the Secretary shall carry out an actuarial valuation of benefits payable on account of retirement, disability, or death to commissioned officers of the Public Health Service and to their survivors pursuant to part A of this title. Each such actuarial valuation shall be signed by an enrolled Actuary and shall include--CommentsClose CommentsPermalink
`(1) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for commissioned officers of the Public Health Service on active duty (other than active duty for training); andCommentsClose CommentsPermalink
`(2) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay and of compensation (paid pursuant to
`(d) All determinations under this section shall be in accordance with generally accepted actuarial principles and practices and, where appropriate, shall follow the general pattern of methods and assumptions approved by the Department of Defense Retirement Board of Actuaries.CommentsClose CommentsPermalink
`(e) The Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the Fund.CommentsClose CommentsPermalink
`PAYMENTS INTO THE FUND
`Sec. 255. (a) From amounts available to the Department of Health and Human Services for salaries and expenses, the Secretary shall pay into the Fund at the end of each month the amount that is the sum of--CommentsClose CommentsPermalink
`(1) the product of--CommentsClose CommentsPermalink
`(A) the level percentage of basic pay determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under sections 254(c)(1) (except that any statutory change affecting benefits payable on account of retirement, disability, or death to commissioned officers or their survivors that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); andCommentsClose CommentsPermalink
`(B) the total amount of basic pay accrued for that month by commissioned officers of the Public Health Service on active duty (other than active duty for training); andCommentsClose CommentsPermalink
`(2) the product of--CommentsClose CommentsPermalink
`(A) the level percentage of basic pay and of compensation (paid pursuant to
`(B) the total amount of basic pay and of compensation (paid pursuant to
`(b) At the beginning of each fiscal year, beginning on October 1, 2008, the Secretary shall certify to the Secretary of the Treasury the amount of the first installment under the most recent amortization schedule established under section 254(a). The Secretary of the Treasury shall pay into the Fund from the General Fund of the Treasury the amount so certified. Such payment shall be the contribution to the Fund for that fiscal year.CommentsClose CommentsPermalink
`INVESTMENTS OF ASSETS OF FUND
`Sec. 256. The Secretary may request the Secretary of the Treasury to invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet the current needs of the Fund. Such investments shall be made by the Secretary of the Treasury in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.CommentsClose CommentsPermalink
`IMPLEMENTATION YEAR EXCEPTIONS
`Sec. 257. (a) To avoid funding shortfalls in the first year should formal actuarial determinations not be available in time for budget preparation, the amounts used in the first year in sections 255(a)(1)(A) and 255(a)(2)(A) shall be set equal to those estimates in sections 254(b)(1)(A) and 254(b)(2)(A) if final determinations are not available. The original unfunded liability as defined in section 254(a) shall include an adjustment to correct for this difference between the formal actuarial determinations and the estimates in sections 254(b)(1)(A) and 254(b)(2)(A).'.CommentsClose CommentsPermalink
(b) Conforming Amendments-CommentsClose CommentsPermalink
(1) CONDITION OF DETAIL- Section 214 of the Public Health Service Act (
`(e) The Secretary shall condition any detail under subsection (a), (b), or (c) upon the agreement of the executive department, State, subdivision, Committee of the Congress, or institution concerned to pay to the Department of Health and Human Services, in advance or by way of reimbursement, for the full cost of the detail including that portion of the contributions under section 255(a) that is attributable to the detailed personnel.'.CommentsClose CommentsPermalink
(2) SEQUESTRATION RULE- Section 256(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (
(A) by inserting after the item relating to `payment to the foreign service retirement and disability fund' the following item: `Payment to the Public Health Service Commissioned Corps Retirement Fund (75-0380-0-1-551);'; andCommentsClose CommentsPermalink
(B) by inserting after the item relating to the `Pensions for former Presidents' the following item: `Public Health Service Commissioned Corps Retirement Fund (75-8274-0-7-602);'.CommentsClose CommentsPermalink
(c) Transfer of Appropriations- There shall be transferred on October 1, 2009, into the fund established under section 251 of the Public Health Service Act, as added by subsection (a), any obligated or unobligated balances of appropriations made to the Department of Health and Human Services that are currently available for benefits payable on account of retirement, disability, or death to commissioned officers of the Public Health Service and to their survivors pursuant to part A of title II of the Public Health Service Act, and amounts so transferred shall be part of the assets of the Fund.CommentsClose CommentsPermalink
SEC. 405. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS RETIREMENT SYSTEM.
(a) In General- The National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (title II of
`SEC. 246A.
`(a) Establishment and Purpose of NOAA Commissioned Officer Corps Retirement Fund- (1) There is established on the books of the Treasury a fund to be known as the National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement Fund (hereinafter in this section referred to as the `Fund'), which shall be administered by the Secretary. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis liabilities of the Department of Commerce under military retirement and survivor benefit programs for the commissioned officers corps.CommentsClose CommentsPermalink
`(2) The term `military retirement and survivor benefit program' means--CommentsClose CommentsPermalink
`(A) the provisions of this title and title 10, United States Code, creating entitlement to, or determining, the amount of retired pay;CommentsClose CommentsPermalink
`(B) the programs under the jurisdiction of the Department of Defense providing annuities for survivors and members and former members of the Armed Forces, including chapter 73 of title 10, section 4 of
`(b) Assets of the Fund- There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:CommentsClose CommentsPermalink
`(1) Amounts paid into the Fund under subsection (e).CommentsClose CommentsPermalink
`(2) Any return on investment of the assets of the Fund.CommentsClose CommentsPermalink
`(3) Amounts transferred into the Fund pursuant to section 405(c) of the Family Budget Protection Act of 2007.CommentsClose CommentsPermalink
`(c) Payments From the Fund- There shall be paid from the Fund benefits payable on account of military retirement and survivor benefit programs to commissioned officers of the commissioned officer corps and their survivors.CommentsClose CommentsPermalink
`(d) Determination of Contributions to the Fund- (1)(A) Not later than June 30, 2007, the Secretary shall determine the unfunded liability of the Fund attributable to service performed as of September 30, 2007, which is `active service' for the purpose of this title. The Secretary shall establish an amortization schedule, including a series of annual installments commencing October 1, 2008, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(B) The Secretary shall redetermine the unfunded liability of the Fund as of the close of the fiscal year, for each fiscal year beginning after September 30, 2007, through the fiscal year ending September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(C) The Secretary shall redetermine the unfunded liability of the Fund as of the close of the fiscal year for each fiscal year beginning after September 30, 2041, and shall establish a new authorization schedule, including series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability over 5 years.CommentsClose CommentsPermalink
`(2) The Secretary shall determine each fiscal year, in sufficient time for inclusion in the budget request for the following fiscal year, the total amount of Department of Commerce contributions to be made to the Fund during that fiscal year under (e). The amount shall be the product of--CommentsClose CommentsPermalink
`(A) the current estimate of the value of the single level percentage of basic pay to be determined under subsection (e) at the time of the most recent actuarial valuation under paragraph (3); andCommentsClose CommentsPermalink
`(B) the total amount of basic pay expected to be paid during that fiscal year to commissioned officers of NOAA on active duty.CommentsClose CommentsPermalink
`(3) Not less often then every four years (or by the fiscal year end before the effective date of any statutory change affecting benefits payable on account of retirement, disability, or death to commissioned officers or their survivors), the Secretary shall carry out an actuarial valuation of benefits payable on account of military retirement and survivor benefit programs to commissioned officers of the Administration and to their survivors. Each such actuarial valuation shall be signed by an enrolled Actuary and shall include a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for commissioned officers on active duty.CommentsClose CommentsPermalink
`(4) All determinations under this section shall be in accordance with generally accepted actuarial principles and practices, and, where appropriate, shall follow the general pattern of methods and assumptions approved by the Department of Defense Retirement Board of Actuaries.CommentsClose CommentsPermalink
`(5) The Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the Fund.CommentsClose CommentsPermalink
`(e) Payments Into the Fund- (1) From amounts appropriated to the National Oceanic Atmospheric Administration for salaries and expenses, the Secretary shall pay into the Fund at the end of each month the amount that is the product of--CommentsClose CommentsPermalink
`(A) the level percentage of basic pay determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under subsection (d) (except that any statutory change affecting benefits payable on account of military retirement and survivor benefit programs to commissioned officers of the Administration and to their survivors that is effective date after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); andCommentsClose CommentsPermalink
`(B) the total amount of basic pay accrued for that month by commissioned officers on active duty.CommentsClose CommentsPermalink
`(2)(A) At the beginning of each fiscal year, the Secretary shall determine the sum of--CommentsClose CommentsPermalink
`(i) the amount of the payment for that year under the amortization of the original unfunded liability of the Fund;CommentsClose CommentsPermalink
`(ii) the amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary for the amortization of any cumulative actuarial gain or loss to the Fund, resulting from changes in benefits; andCommentsClose CommentsPermalink
`(iii) the amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary for the amortization or any cumulative actuarial gain or loss to the Fund resulting from changes in actuarial assumptions and from experience different from the assumed since the last valuation.CommentsClose CommentsPermalink
The Secretary shall promptly certify the amount of the sum to the Secretary of the Treasury.CommentsClose CommentsPermalink
`(B) Upon receiving the certification pursuant to paragraph (1), the Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury the amount so certified. Such payment shall be the contribution to the Fund for that fiscal year.CommentsClose CommentsPermalink
`(f) Investment of Assets of the Fund- The Secretary may request the Secretary of the Treasury to invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet the current needs of the Fund. Such investments shall be made by the Secretary of the Treasury in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income of such investments shall be credited to and form a part of the Fund.CommentsClose CommentsPermalink
`(g) Implementation Year Exceptions- (1) To avoid funding shortfalls in the first year should formal actuarial determinations not be available in time for budget preparation, the amounts used in the first year in subsection (e)(1)(A) shall be set equal to the estimate in subsection (d)(2)(A) if final determinations are not available. The original unfunded liability as determined in subsection (d)(1) shall include an adjustment to correct for this difference between the formal actuarial determinations and the estimates in subsection (d)(2)(A).'.CommentsClose CommentsPermalink
(b) Sequestration Rule- Section 256(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (
(c) Transfer of Appropriations- There shall be transferred on October 1, 2009, into the fund established under section 246A(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (title II of
(d) Effective Date- Subsection (c) (relating to payments from the Fund) and (e) (relating to payments into the Fund) of section 246A of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (title II of
SEC. 406. COAST GUARD MILITARY RETIREMENT SYSTEM.
(a) Accrual Funding for Coast Guard Retirement-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 11 of title 14, United States Code, is amended by adding at the end the following new subchapter:CommentsClose CommentsPermalink
`SUBCHAPTER V--COAST GUARD MILITARY RETIREMENT FUND
`Sec. 441. Establishment and purpose of Fund; definitions
`(a) Establishment of Fund; Purpose- There is established on the books of the Treasury a fund to be known as the Coast Guard Military Retirement Fund (hereinafter in this subchapter referred to as the `Fund'), which shall be administered by the Secretary. The Fund shall be used for the accumulations of funds in order to finance on an actuarially sound basis liabilities of the Coast Guard under military retirement and survivor benefit programs.CommentsClose CommentsPermalink
`(b) Military Retirement and Survivor Benefit Programs Defined- In this subchapter, the term `military retirement and survivor benefit programs' means--CommentsClose CommentsPermalink
`(1) the provisions of this title and title 10 creating entitlement to, or determining the amount of, retired pay;CommentsClose CommentsPermalink
`(2) the programs providing annuities for survivors of members and former members of the armed forces, including chapter 73 of title 10, section 4 of
`(3) the authority provided in section 1048(h) of title 10.CommentsClose CommentsPermalink
`(c) Secretary Defined- In this subchapter, the term `Secretary' means the Secretary of Homeland Security when the Coast Guard is not operating as a service in the Navy and the Secretary of Defense when the Coast Guard is operating as a service in the Navy.CommentsClose CommentsPermalink
`Sec. 442. Assets of the Fund
`There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:CommentsClose CommentsPermalink
`(1) Amounts paid into the Fund under section 445 of this title.CommentsClose CommentsPermalink
`(2) Any return on investment of the assets of the Fund.CommentsClose CommentsPermalink
`(3) Amounts transferred into the Fund pursuant to section 406(d) of the Family Budget Protection Act of 2007.CommentsClose CommentsPermalink
`Sec. 443. Payments from the Fund
`(a) In General- There shall be paid from the Fund the following:CommentsClose CommentsPermalink
`(1) Retired pay payable to persons on the retired list of the Coast Guard.CommentsClose CommentsPermalink
`(2) Retired pay payable under chapter 1223 of title 10 to former members of the Coast Guard and the former United States Lighthouse Service.CommentsClose CommentsPermalink
`(3) Benefits payable under programs that provide annuities for survivors of members and former members of the armed forces, including chapter 73 of title 10, section 4 of
`(4) Amounts payable under section 1048(h) of title 10.CommentsClose CommentsPermalink
`(b) Availability of Assets of the Fund- The assets of the Fund are hereby made available for payments under subsection (a).CommentsClose CommentsPermalink
`Sec. 444. Determination of contributions to the Fund
`(a) Initial Unfunded Liability- (1) Not later than June 30, 2008, the Secretary shall determine the unfunded liability of the Fund attributable to service performed as of September 30, 2007, which is `active service' for the purposes of section 212. The Secretary shall establish an amortization schedule, including a series of annual installments commencing October 1, 2008, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(2) The Secretary shall redetermine the unfunded liability of the Fund as of the close of the fiscal year, for each beginning after September 30, 2007, through the fiscal year ending September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability by October 1, 2046.CommentsClose CommentsPermalink
`(3) The Secretary shall redetermine the unfunded liability of the Fund as of the close of the fiscal year for each fiscal year beginning after September 30, 2041, and shall establish a new amortization schedule, including a series of annual installments commencing on October 1 of the second subsequent fiscal year, which provides for the liquidation of such liability over five years.CommentsClose CommentsPermalink
`(b) Annual Contributions for Current Services- (1) The Secretary shall determine each fiscal year, in sufficient time for inclusion in the budget request for the following fiscal year, the total amount of Department of Homeland Security, or Department of Defense, contributions to be made to the Fund during that fiscal year under section 445(a) of this title. That amount shall be the sum of the following:CommentsClose CommentsPermalink
`(A) The product of--CommentsClose CommentsPermalink
`(i) the current estimate of the value of the single level percentage of basic pay to be determined under subsection (c)(1)(A) at the time of the most recent actuarial valuation under subsection (c); andCommentsClose CommentsPermalink
`(ii) the total amount of basic pay expected to be paid during that fiscal year to members of the Coast Guard on active duty (other than active duty for training).CommentsClose CommentsPermalink
`(B) The product of--CommentsClose CommentsPermalink
`(i) the current estimate of the value of the single level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) to be determined under subsection (c)(1)(B) at the time of the most recent actuarial valuation under subsection (c); andCommentsClose CommentsPermalink
`(ii) the total amount of basic pay and compensation (paid pursuant to section 206 of title 37) expected to be paid during that fiscal year to members of the Coast Guard Ready Reserve (other than members on full-time Reserve duty other than for training) who are not otherwise described in subparagraph (A)(ii).CommentsClose CommentsPermalink
`(2) The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Homeland Security for that fiscal year for payments to be made to the Fund during that year under section 445(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 of title 31. The President may comment and make recommendations concerning any such amount.CommentsClose CommentsPermalink
`(c) Periodic Actuarial Valuations- (1) Not less often than every four years (or before the effective date of any statutory change affecting benefits payable on account of retirement, disability, or death to members of the Coast Guard or their survivors), the Secretary shall carry out an actuarial valuation of the Coast Guard military retirement and survivor benefit programs. Each actuarial valuation of such programs shall be signed by an enrolled actuary and shall include--CommentsClose CommentsPermalink
`(A) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for members of the Coast Guard on active duty (other than active duty for training); andCommentsClose CommentsPermalink
`(B) a determination (using the aggregate entry-age normal cost method) of single level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) for members of the Ready Reserve of the Coast Guard (other than members on full-time Reserve duty other than for training) who are not otherwise described in subparagraph (A).CommentsClose CommentsPermalink
`(2) Such single level percentages shall be used for the purposes of subsection (b) and section 445(a) of this title.CommentsClose CommentsPermalink
`(d) Use of Generally Accepted Actuarial Principles and Practices- All determinations under this section shall be in accordance with generally accepted actuarial principles and practices and, where appropriate, shall follow the general pattern of methods and assumptions approved by the Department of Defense Retirement Board of Actuaries.CommentsClose CommentsPermalink
`(e) Records- The Secretary shall provide for the keeping of such records as are necessary for determining the actuarial status of the Fund.CommentsClose CommentsPermalink
`Sec. 445. Payments into the Fund
`(a) Monthly Accrual Charge for Current Services- From amounts appropriated to the Coast Guard for salaries and expenses, the Secretary shall pay into the Fund at the end of each month as the Department of Homeland Security, or Department of Defense, contribution to the Fund for that month the amount that is the sum of the following:CommentsClose CommentsPermalink
`(1) The product of--CommentsClose CommentsPermalink
`(A) the level percentage of basic pay determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 444(c)(1)(A) of this title (except that any statutory change in the military retirement and survivor benefit systems that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); andCommentsClose CommentsPermalink
`(B) the total amount of basic pay accrued for that month by members of the Coast Guard on active duty (other than active duty for training).CommentsClose CommentsPermalink
`(2) The product of--CommentsClose CommentsPermalink
`(A) the level percentage of basic pay and compensation (accrued pursuant to section 206 of title 37) determined using all the methods and assumptions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 444(c)(1)(B) of this title (except that any statutory change in the military retirement and survivor benefit systems that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); andCommentsClose CommentsPermalink
`(B) the total amount of basic pay and of compensation (paid pursuant to section 206 of title 37) accrued for that month by members of the Ready Reserve (other than members of full-time Reserve duty other than for training) who are not otherwise described in paragraph (1)(B).CommentsClose CommentsPermalink
`(b) Annual Payment for Unfunded Liabilities- (1) At the beginning of each fiscal year, beginning on October 1, 2008, the Secretary shall certify to the Secretary of the Treasury the amount of the first installment under the most recent amortization schedule established under section 254(a). The Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury the amount so certified. Such payment shall be the contribution to the Fund for that fiscal year.CommentsClose CommentsPermalink
`Sec. 446. Investment of assets of the Fund
`The Secretary may request the Secretary of the Treasury to invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet the current needs of the Fund. Such investments shall be made by the Secretary of the Treasury in public debt securities with maturities suitable to the needs of the Fund, as determined by the Secretary, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. The income on such investments shall be credited to and form a part of the Fund.'.CommentsClose CommentsPermalink
(2) TECHNICAL AMENDMENTS- Such chapter is further amended--CommentsClose CommentsPermalink
(A) by amending the center heading after the table of sections to read as follows:CommentsClose CommentsPermalink
`SUBCHAPTER I--OFFICERS';
(B) by amending the center heading after section 336 to read as follows:CommentsClose CommentsPermalink
`SUBCHAPTER II--ENLISTED MEMBERS';
(C) by amending the center heading after section 373 to read as follows:CommentsClose CommentsPermalink
`SUBCHAPTER III--GENERAL PROVISIONS';
andCommentsClose CommentsPermalink
(D) by amending the center heading after section 425 to read as follows:CommentsClose CommentsPermalink
`SUBCHAPTER IV--SPECIAL PROVISIONS'.
(3) CLERICAL AMENDMENTS- The table of sections at the beginning of such chapter is amended--CommentsClose CommentsPermalink
(A) by striking `OFFICERS' at the beginning of the table and inserting `SUBCHAPTER I--OFFICERS';CommentsClose CommentsPermalink
(B) by striking `ENLISTED MEMBERS' after the item relating to section 336 and inserting `SUBCHAPTER II--ENLISTED MEMBERS';CommentsClose CommentsPermalink
(C) by striking `GENERAL PROVISIONS' after the item relating to section 373 and inserting `SUBCHAPTER III--GENERAL PROVISIONS' ;CommentsClose CommentsPermalink
(D) by striking `SPECIAL PROVISIONS' after the item relating to section 425 and inserting `SUBCHAPTER IV--SPECIAL PROVISIONS' ; andCommentsClose CommentsPermalink
(E) by adding at the end the following:CommentsClose CommentsPermalink
`subchapter v--coast guard military retirement fund
`441. Establishment and purpose of Fund; definitions.CommentsClose CommentsPermalink
`442. Assets of the Fund.CommentsClose CommentsPermalink
`443. Payments from the Fund.CommentsClose CommentsPermalink
`444. Determination of contributions to the Fund.CommentsClose CommentsPermalink
`445. Payments into the Fund.CommentsClose CommentsPermalink
`446. Investment of assets of the Fund.'.CommentsClose CommentsPermalink
(b) Implementation Year Exceptions- To avoid funding shortfalls in the first year of implementation of subchapter V of chapter 11 of title 14, United States Code, as added by subsection (a), if formal actuarial determinations are not available in time for budget preparation, the amounts used in the first year under sections 445(a)(1)(A) and 445(a)(2)(A) of such title shall be set equal to those estimates in sections 444(b)(1)(A)(i) and 444(b)(1)(B)(i), respectively, of such title if final determinations are not available. The original unfunded liability, as defined in section 444(a) of such title, shall include an adjustment to correct for this difference between the formal actuarial determinations and the estimates in sections 444(b)(1)(A)(i) and 444(b)(1)(B)(i) of such title.CommentsClose CommentsPermalink
(c) Conforming Amendment- Section 256(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 (
(d) Transfer of Existing Balances-CommentsClose CommentsPermalink
(1) TRANSFER- There shall be transferred into the Fund on October 1, 2008, any obligated and unobligated balances of appropriations made to the Department of Homeland Security that are currently available for retired pay, and amounts so transferred shall be part of the assets of the Fund.CommentsClose CommentsPermalink
(2) FUND DEFINED- For purposes of paragraph (1), the term `Fund' means the Coast Guard Military Retirement Fund established under
(e) Effective Date- Sections 443 (relating to payments from the Fund) and 445 (relating to payments into the Fund) of title 14, United States Code, as added by subsection (a), shall take effect on October 1, 2008.CommentsClose CommentsPermalink
Subtitle B--Accrual Funding of Post-Retirement Health Benefits Costs for Federal Employees
SEC. 411. FEDERAL EMPLOYEES HEALTH BENEFITS FUND.
(a)
(1) by redesignating subsection (c) as subsection (c)(1) and by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
`(2) In addition to Government contributions required by subsection (b) and paragraph (1), each employing agency shall contribute amounts as determined by the Office to be necessary to prefund the accruing actuarial cost of post-retirement health benefits for each of the agency's current employees who are eligible for Government contributions under this section. Amounts under this paragraph shall be paid by the employing agency separate from other contributions under this section, from the appropriations or fund used for payment of the salary of the employee, on a schedule to be determined by the Office.CommentsClose CommentsPermalink
`(3) Paragraph (2) shall not apply to the United States Postal Service or the government of the District of Columbia.'; andCommentsClose CommentsPermalink
(2) by amending subsection (g)(1) to read as follows:CommentsClose CommentsPermalink
`(g)(1) Except as provided in paragraphs (2) and (3), all Government contributions authorized by this section for health benefits for an annuitant shall be paid from the Employees Health Benefits Fund to the extent that funds are available in accordance with section 8909(h)(6) and, if necessary, from annual appropriations which are authorized to be made for that purpose and which may be made available until expended.'.CommentsClose CommentsPermalink
(b)
`(h)(1) Not later than June 30, 2009, the Office shall determine the existing liability of the Fund for post-retirement health benefits, excluding the liability of the United States Postal Service for service under section 8906(g)(2), under this chapter as of September 30, 2009. The Office shall establish an amortization schedule, including a series of annual installments commencing September 30, 2009, which provides for the liquidation of such liability by September 30, 2045.CommentsClose CommentsPermalink
`(2) At the close of each fiscal year, for fiscal years beginning after September 30, 2008, the Office shall determine the supplemental liability of the Fund for post-retirement health benefits, excluding the liability attributable to the United States Postal Service for service subject to section 8906(g)(2), and shall establish an amortization schedule, including a series of annual installments commencing on September 30 of the subsequent fiscal year, which provides for liquidation of such supplemental liability over 30 years.CommentsClose CommentsPermalink
`(3) Amortization schedules established under this paragraph shall be set in accordance with generally accepted actuarial practices and principles.CommentsClose CommentsPermalink
`(4) At the end of each fiscal year on and after September 30, 2009, the Office shall notify the Secretary of the Treasury of the amounts of the next installments under the most recent amortization schedules established under paragraphs (1) and (2). Before closing the accounts for the fiscal year, the Secretary shall credit the sum of these amounts (including in that sum any negative amount for the amortization of the supplemental liability) to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated.CommentsClose CommentsPermalink
`(5) For the purpose of carrying out paragraphs (1) and (2), the Office shall perform or arrange for actuarial determinations and valuations and shall prescribe retention of such records as it considers necessary for making periodic actuarial valuations of the Fund.CommentsClose CommentsPermalink
`(6) Notwithstanding subsection (b), the amounts deposited into the Fund pursuant to this subsection and section 8906(c)(2) to prefund post-retirement health benefits costs shall be segregated within the Fund so that such amounts, as well as earnings and proceeds under subsection (c) attributable to them, may be used exclusively for the purpose of paying Government contributions for post-retirement health benefits costs. When such amounts are used in combination with amounts withheld from annuitants to pay for health benefits, a portion of the contributions shall then be set aside in the Fund as described in subsection (b).CommentsClose CommentsPermalink
`(7) Under this subsection, `supplemental liability' means--CommentsClose CommentsPermalink
`(A) the actuarial present value for future post-retirement health benefits that are the liability of the Fund, lessCommentsClose CommentsPermalink
`(B) the sum of--CommentsClose CommentsPermalink
`(i) the actuarial present value of all future contributions by agencies and annuitants to the Fund toward those benefits pursuant to section 8906;CommentsClose CommentsPermalink
`(ii) the present value of all scheduled amortization payments to the Fund pursuant to paragraphs (1) and (2);CommentsClose CommentsPermalink
`(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable to post-retirement benefits; andCommentsClose CommentsPermalink
`(iv) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles.'.CommentsClose CommentsPermalink
SEC. 412. FUNDING UNIFORMED SERVICES HEALTH BENEFITS FOR ALL RETIREES.
Title 10, United States Code, is amended--CommentsClose CommentsPermalink
(1) in the title of chapter 56, by striking `DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE' and inserting `UNIFORMED SERVICES';CommentsClose CommentsPermalink
(2) in section 1111--CommentsClose CommentsPermalink
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) by striking `Department of Defense Medicare-Eligible' and inserting `Uniformed Services';CommentsClose CommentsPermalink
(ii) by striking `Department of Defense under'; andCommentsClose CommentsPermalink
(iii) by striking `for medicare-eligible beneficiaries';CommentsClose CommentsPermalink
(B) in subsection (c)--CommentsClose CommentsPermalink
(i) by striking `The Secretary of Defense may' and inserting `The Secretary of Defense shall';CommentsClose CommentsPermalink
(ii) by striking `with any other' and inserting `with each';CommentsClose CommentsPermalink
(iii) by striking `Any such agreement' and inserting `Such agreements'; andCommentsClose CommentsPermalink
(iv) by striking `administering Secretary may' and inserting `administrative Secretary shall';CommentsClose CommentsPermalink
(3) in section 1113--CommentsClose CommentsPermalink
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) by striking `and are medicare eligible';CommentsClose CommentsPermalink
(ii) by striking `who are medicare eligible'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following new sentence: `For the fiscal year starting October 1, 2007, only, the payments will be solely for the costs of members or former members of a uniformed service who are entitled to retired or retainer pay and are medicare-eligible, and eligible dependents or survivors who are medicare-eligible.';CommentsClose CommentsPermalink
(B) in subsection (c)(1), by striking `who are medicare-eligible';CommentsClose CommentsPermalink
(C) in subsection (d), by striking `who are medicare-eligible'; andCommentsClose CommentsPermalink
(D) in subsection (f), by striking `If' and inserting `When';CommentsClose CommentsPermalink
(4) in section 1114, in subsection (a)(1), by striking `Department of Defense Medicare-Eligible' and inserting `Uniformed Services';CommentsClose CommentsPermalink
(5) in section 1115--CommentsClose CommentsPermalink
(A) in subsection (b)(2), by striking `The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service)' and inserting `The amount determined under paragraph (1), or the amount determined under section 1111(c) for a participating uniformed service, for any fiscal year, is the amount needed to be appropriated to the Department of Defense (or to any other executive department having jurisdiction over a participating uniformed service)';CommentsClose CommentsPermalink
(B) in subsection (c)(2), by striking `for medicare eligible beneficiaries'; andCommentsClose CommentsPermalink
(C) by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) For the fiscal year starting October 1, 2007, only, the amounts in this section shall be based solely on the costs of medicare-eligible benefits of beneficiaries and the costs for their eligible dependents or survivors who are medicare-eligible, and shall be recalculated thereafter to reflect the cost of beneficiaries defined in section 1111.'; andCommentsClose CommentsPermalink
(6) in section 1116--CommentsClose CommentsPermalink
(A) in subsection (a)(1)(A), by striking `for medicare-eligible beneficiaries';CommentsClose CommentsPermalink
(B) in subsection (a)(2)(A), by striking `for medicare-eligible beneficiaries'; andCommentsClose CommentsPermalink
(C) in subsection (c), by striking `subsection (a) shall be paid from funds available for the health care programs' and inserting `subsection (a) and section 1111(c) shall be paid from funds available for the pay of members of the participating uniformed services under the jurisdiction of the respective administering secretaries'.CommentsClose CommentsPermalink
SEC. 413. EFFECTIVE DATE.
Except as otherwise provided, this title shall take effect upon enactment with respect to fiscal years beginning after 2008.CommentsClose CommentsPermalink
Subtitle C--Earmark Transparency
SEC. 421. PROHIBITION ON OBLIGATION OF FUNDS FOR EARMARKS INCLUDED ONLY IN CONGRESSIONAL REPORTS.
(a) Requirement That Earmarks Must Be in Legislative Text- Notwithstanding any other rule of the House, in addition to the requirements set forth in clause 9 of rule XXI of the Rules of the House of Representatives, it shall not be in order to consider any bill, joint resolution, amendment thereto, or conference report thereon, unless the list of congressional earmarks, limited tax benefits, and limited tariff benefits, required by clause 9(a)of rule XXI are also set forth in the text of such measure.CommentsClose CommentsPermalink
(b) Availability on the Internet- Notwithstanding any other rule of the House, in addition to the requirements set forth in clause 9 of rule XXI of the Rules of the House of Representatives, it shall not be in order to consider any bill, joint resolution, or conference report thereon, unless the lists required by paragraphs (1), (2), and (4) of clause 9 of rule XXI are made available on the Internet in a searchable format to the general public for at least 48 hours before consideration.CommentsClose CommentsPermalink
SEC. 422. DEFINITIONS.
(a) Congressional Earmark- For purposes of this subtitle, the term `congressional earmark' means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or Senator providing, authorizing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process.CommentsClose CommentsPermalink
(b) Limited Benefits-CommentsClose CommentsPermalink
(1) LIMITED TARIFF BENEFIT- The term `limited tariff benefit' means any provision of law that modifies the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities (as defined in paragraph (12)(B)).CommentsClose CommentsPermalink
(2) LIMITED TAX BENEFIT- (A) The term `limited tax benefit' means any revenue-losing provision that provides a Federal tax deduction, credit, exclusion, or preference to ten or fewer beneficiaries (determined with respect to either present law or any provision of which the provision is a part) under the Internal Revenue Code of 1986 in any year for which the provision is in effect;CommentsClose CommentsPermalink
(B) For purposes of subparagraph (A)--CommentsClose CommentsPermalink
(i) all businesses and associations that are members of the same controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code of 1986) shall be treated as a single beneficiary;CommentsClose CommentsPermalink
(ii) all shareholders, partners, members, or beneficiaries of a corporation, partnership, association, or trust or estate, respectively, shall be treated as a single beneficiary;CommentsClose CommentsPermalink
(iii) all employees of an employer shall be treated as a single beneficiary;CommentsClose CommentsPermalink
(iv) all qualified plans of an employer shall be treated as a single beneficiary;CommentsClose CommentsPermalink
(v) all beneficiaries of a qualified plan shall be treated as a single beneficiary;CommentsClose CommentsPermalink
(vi) all contributors to a charitable organization shall be treated as a single beneficiary;CommentsClose CommentsPermalink
(vii) all holders of the same bond issue shall be treated as a single beneficiary; andCommentsClose CommentsPermalink
(viii) if a corporation, partnership, association, trust or estate is the beneficiary of a provision, the shareholders of the corporation, the partners of the partnership, the members of the association, or the beneficiaries of the trust or estate shall not also be treated as beneficiaries of such provision;CommentsClose CommentsPermalink
(C) For the purpose of this paragraph, the term `revenue-losing provision' means any provision that is estimated to result in a reduction in Federal tax revenues (determined with respect to either present law or any provision of which the provision is a part) for any one of the two following periods--CommentsClose CommentsPermalink
(i) the first fiscal year for which the provision is effective; orCommentsClose CommentsPermalink
(ii) the period of the 5 fiscal years beginning with the first fiscal year for which the provision is effective;CommentsClose CommentsPermalink
(D) the term `limited tax benefit' does not include any provision which applies uniformly to an entire industry; andCommentsClose CommentsPermalink
(E) the terms used in this paragraph shall have the same meaning as those terms have generally in the Internal Revenue Code of 1986, unless otherwise expressly provided.CommentsClose CommentsPermalink
(c) Special Rule- Notwithstanding any other provision of the Rules of the House, the definitions set forth in this section shall apply for congressional earmarks, limited tariff benefits, and limited tax benefits.CommentsClose CommentsPermalink
Subtitle D--Public Debt Limit Reform
SEC. 431. LIMIT ON PUBLIC DEBT.
`Sec. 3101. Public debt limit
`(a) In this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation.CommentsClose CommentsPermalink
`(b) The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury and intragovernmental holdings) may not be more than $4,393,000,000,000 outstanding at one time, subject to changes periodically made in that amount as provided by law.CommentsClose CommentsPermalink
`(c) For purposes of this section, the face amount, for any month, of any obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of--CommentsClose CommentsPermalink
`(1) the original issue price of the obligation, plusCommentsClose CommentsPermalink
`(2) the portion of the discount on the obligation attributable to periods before the beginning of such month (as determined under the principles of section 1272(a) of the Internal Revenue Code of 1986 without regard to any exceptions contained in paragraph (2) of such section).CommentsClose CommentsPermalink
`(d) For purposes of this section, the term `intragovernment holding' is any obligation issued by the Secretary of the Treasury to any Federal trust fund or Government account, whether in respect of public money, money otherwise required to be deposited in the Treasury, or amounts appropriated.'.CommentsClose CommentsPermalink
SEC. 432. REPEAL OF THE GEPHARDT RULE.
The Rules of the House of Representatives are amended by repealing rule XXVII (relating to the statutory limit on public debt) and by redesignating rule XXVIII as rule XXVII.CommentsClose CommentsPermalink
Subtitle E--Risk-Assumed Budgeting
SEC. 441. FEDERAL INSURANCE PROGRAMS.
(a) In General- The Congressional Budget Act of 1974 is amended by adding after title V the following new title:CommentsClose CommentsPermalink
`TITLE VI--BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
`SEC. 602. BUDGETARY TREATMENT.
`(a) President's Budget- Beginning with fiscal year 2011, the budget of the Government pursuant to
`(b) Budget Accounting- For any Federal insurance program--CommentsClose CommentsPermalink
`(1) the program account shall--CommentsClose CommentsPermalink
`(A) pay the risk-assumed cost borne by the taxpayer to the financing account, andCommentsClose CommentsPermalink
`(B) pay actual insurance program administrative costs;CommentsClose CommentsPermalink
`(2) the financing account shall--CommentsClose CommentsPermalink
`(A) receive premiums and other income,CommentsClose CommentsPermalink
`(B) pay all claims for insurance and receive all recoveries,CommentsClose CommentsPermalink
`(C) transfer to the program account on not less than an annual basis amounts necessary to pay insurance program administrative costs;CommentsClose CommentsPermalink
`(3) a negative risk-assumed cost shall be transferred from the financing account to the program account, and shall be transferred from the program account to the general fund; andCommentsClose CommentsPermalink
`(4) all payments by or receipts of the financing accounts shall be treated in the budget as a means of financing.CommentsClose CommentsPermalink
`(c) Appropriations Required- (1) Notwithstanding any other provision of law, insurance commitments may be made for fiscal year 2011 and thereafter only to the extent that new budget authority to cover their risk-assumed cost is provided in advance in an appropriation Act.CommentsClose CommentsPermalink
`(2) An outstanding insurance commitment shall not be modified in a manner that increases its risk-assumed cost unless budget authority for the additional cost has been provided in advance.CommentsClose CommentsPermalink
`(3) Paragraph (1) shall not apply to Federal insurance programs that constitute entitlements.CommentsClose CommentsPermalink
`(d) Reestimates- The risk-assumed cost for a fiscal year shall be reestimated in each subsequent year. Such reestimate can equal zero. In the case of a positive reestimate, the amount of the reestimate shall be paid from the program account to the financing account. In the case of a negative reestimate, the amount of the reestimate shall be paid from the financing account to the program account, and shall be transferred from the program account to the general fund. Reestimates shall be displayed as a distinct and separately identified subaccount in the program account.CommentsClose CommentsPermalink
`(e) Administrative Expenses- All funding for an agency's administration of a Federal insurance program shall be displayed as a distinct and separately identified subaccount in the program account.CommentsClose CommentsPermalink
`SEC. 603. TIMETABLE FOR IMPLEMENTATION OF ACCRUAL BUDGETING FOR FEDERAL INSURANCE PROGRAMS.
`(a) Agency Requirements- Agencies with responsibility for Federal insurance programs shall develop models to estimate their risk-assumed cost by year through the budget horizon and shall submit those models, all relevant data, a justification for critical assumptions, and the annual projected risk-assumed costs to OMB with their budget requests each year starting with the request for fiscal year 2010. Agencies will likewise provide OMB with annual estimates of modifications, if any, and reestimates of program costs.CommentsClose CommentsPermalink
`(b) Disclosure- When the President submits a budget of the Government pursuant to
`(c) Revision- (1) After consideration of comments pursuant to subsection (b), and in consultation with the Committees on the Budget of the House of Representatives and the Senate, OMB and CBO shall revise the models, data, and major assumptions they would use to estimate the risk-assumed cost of Federal insurance programs.CommentsClose CommentsPermalink
`(2) When the President submits a budget of the Government pursuant to
`(d) Display-CommentsClose CommentsPermalink
`(1) IN GENERAL- For fiscal years 2011, 2012, and 2013 the budget submissions of the President pursuant to
`(2) OMB- The display in the budget submissions of the President for fiscal years 2011, 2012, and 2013 shall include--CommentsClose CommentsPermalink
`(A) a presentation for each Federal insurance program in budget-account level detail of estimates of risk-assumed cost;CommentsClose CommentsPermalink
`(B) a summary table of the risk-assumed costs of Federal insurance programs; andCommentsClose CommentsPermalink
`(C) an alternate summary table of budget functions and aggregates using risk-assumed rather than cash-based cost estimates for Federal insurance programs.CommentsClose CommentsPermalink
`(3) CBO- In the second session of the 110th Congress and the 111th Congress, CBO shall include in its estimates under section 308, for display purposes only, the risk-assumed cost of existing Federal insurance programs, or legislation that CBO, in consultation with the Committees on the Budget of the House of Representatives and the Senate, determines would create a new Federal insurance program.CommentsClose CommentsPermalink
`(e) OMB, CBO, and GAO Evaluations- (1) Not later than 6 months after the budget submission of the President pursuant to
`(2) Each report made pursuant to paragraph (1) shall address the following:CommentsClose CommentsPermalink
`(A) The adequacy of risk-assumed estimation models used and alternative modeling methods.CommentsClose CommentsPermalink
`(B) The availability and reliability of data or information necessary to carry out this title.CommentsClose CommentsPermalink
`(C) The appropriateness of the explicit or implicit discount rate used in the various risk-assumed estimation models.CommentsClose CommentsPermalink
`(D) The advisability of specifying a statutory discount rate (such as the Treasury rate) for use in risk-assumed estimation models.CommentsClose CommentsPermalink
`(E) The ability of OMB, CBO, or GAO, as applicable, to secure any data or information directly from any Federal agency necessary to enable it to carry out this title.CommentsClose CommentsPermalink
`(F) The relationship between risk-assumed accrual budgeting for Federal insurance programs and the specific requirements of the Balanced Budget and Emergency Deficit Control Act of 1985.CommentsClose CommentsPermalink
`(G) Whether Federal budgeting is improved by the inclusion of risk-assumed cost estimates for Federal insurance programs.CommentsClose CommentsPermalink
`(H) The advisability of including each of the programs currently estimated on a risk-assumed cost basis in the Federal budget on that basis.CommentsClose CommentsPermalink
`SEC. 604. DEFINITIONS.
`For purposes of this title:CommentsClose CommentsPermalink
`(1) The term `Federal insurance program' means a program that makes insurance commitments and includes the list of such programs included in the joint explanatory statement of managers accompanying the conference report on the Comprehensive Budget Process Reform Act of 1999.CommentsClose CommentsPermalink
`(2) The term `insurance commitment' means an agreement in advance by a Federal agency to indemnify a non-Federal entity against specified losses. This term does not include loan guarantees as defined in title V or benefit programs such as social security, medicare, and similar existing social insurance programs.CommentsClose CommentsPermalink
`(3)(A) The term `risk-assumed cost' means the net present value of the estimated cash flows to and from the Government resulting from an insurance commitment or modification thereof.CommentsClose CommentsPermalink
`(B) The cash flows associated with an insurance commitment include--CommentsClose CommentsPermalink
`(i) expected claims payments inherent in the Government's commitment;CommentsClose CommentsPermalink
`(ii) net premiums (expected premium collections received from or on behalf of the insured less expected administrative expenses);CommentsClose CommentsPermalink
`(iii) expected recoveries; andCommentsClose CommentsPermalink
`(iv) expected changes in claims, premiums, or recoveries resulting from the exercise by the insured of any option included in the insurance commitment.CommentsClose CommentsPermalink
`(C) The cost of a modification is the difference between the current estimate of the net present value of the remaining cash flows under the terms of the insurance commitment, and the current estimate of the net present value of the remaining cash flows under the terms of the insurance commitment as modified.CommentsClose CommentsPermalink
`(D) The cost of a reestimate is the difference between the net present value of the amount currently required by the financing account to pay estimated claims and other expenditures and the amount currently available in the financing account. The cost of a reestimate shall be accounted for in the current year in the budget of the Government pursuant to
`(E) For purposes of this definition, expected administrative expenses shall be construed as the amount estimated to be necessary for the proper administration of the insurance program. This amount may differ from amounts actually appropriated or otherwise made available for the administration of the program.CommentsClose CommentsPermalink
`(4) The term `program account' means the budget account for the risk-assumed cost, and for paying all costs of administering the insurance program, and is the account from which the risk-assumed cost is disbursed to the financing account.CommentsClose CommentsPermalink
`(5) The term `financing account' means the nonbudget account that is associated with each program account which receives payments from or makes payments to the program account, receives premiums and other payments from the public, pays insurance claims, and holds balances.CommentsClose CommentsPermalink
`(6) The term `modification' means any Government action that alters the risk-assumed cost of an existing insurance commitment from the current estimate of cash flows. This includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of existing insurance commitments.CommentsClose CommentsPermalink
`(7) The term `model' means any actuarial, financial, econometric, probabilistic, or other methodology used to estimate the expected frequency and magnitude of loss-producing events, expected premiums or collections from or on behalf of the insured, expected recoveries, and administrative expenses.CommentsClose CommentsPermalink
`(8) The term `current' has the same meaning as in section 250(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985.CommentsClose CommentsPermalink
`(9) The term `OMB' means the Director of the Office of Management and Budget.CommentsClose CommentsPermalink
`(10) The term `CBO' means the Director of the Congressional Budget Office.CommentsClose CommentsPermalink
`(11) The term `GAO' means the Comptroller General of the United States.CommentsClose CommentsPermalink
`SEC. 605. AUTHORIZATIONS TO ENTER INTO CONTRACTS; ACTUARIAL COST ACCOUNT.
`(a) Authorization of Appropriations- There are authorized to be appropriated $600,000 for each of fiscal years 2008 through 2013 to the Director of the Office of Management and Budget and each agency responsible for administering a Federal program to carry out this title.CommentsClose CommentsPermalink
`(b) Treasury Transactions With the Financing Accounts- The Secretary of the Treasury shall borrow from, receive from, lend to, or pay the insurance financing accounts such amounts as may be appropriate. The Secretary of the Treasury may prescribe forms and denominations, maturities, and terms and conditions for the transactions described above. The authorities described above shall not be construed to supersede or override the authority of the head of a Federal agency to administer and operate an insurance program. All the transactions provided in this subsection shall be subject to the provisions of subchapter II of chapter 15 of title 31, United States Code. Cash balances of the financing accounts in excess of current requirements shall be maintained in a form of uninvested funds, and the Secretary of the Treasury shall pay interest on these funds.CommentsClose CommentsPermalink
`(c) Appropriation of Amount Necessary To Cover Risk-Assumed Cost of Insurance Commitments at Transition Date- (1) A financing account is established on September 30, 2012, for each Federal insurance program.CommentsClose CommentsPermalink
`(2) There is appropriated to each financing account the amount of the risk-assumed cost of Federal insurance commitments outstanding for that program as of the close of September 30, 2012.CommentsClose CommentsPermalink
`(3) These financing accounts shall be used in implementing the budget accounting required by this title.CommentsClose CommentsPermalink
`SEC. 606. EFFECTIVE DATE.
`(a) In General- This title shall take effect immediately and shall expire on September 30, 2014.CommentsClose CommentsPermalink
`(b) Special Rule- If this title is not reauthorized by September 30, 2014, then the accounting structure and budgetary treatment of Federal insurance programs shall revert to the accounting structure and budgetary treatment in effect immediately before the date of enactment of this title.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 507 the following new items:CommentsClose CommentsPermalink
`TITLE VI--BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
`Sec. 601. Short title.CommentsClose CommentsPermalink
`Sec. 602. Budgetary treatment.CommentsClose CommentsPermalink
`Sec. 603. Timetable for implementation of accrual budgeting for Federal insurance programs.CommentsClose CommentsPermalink
`Sec. 604. Definitions.CommentsClose CommentsPermalink
`Sec. 605. Authorizations to enter into contracts; actuarial cost account.CommentsClose CommentsPermalink
`Sec. 606. Effective date.'.CommentsClose CommentsPermalink
TITLE V--MAINTAINING A COMMITMENT TO THE FAMILY BUDGET
Subtitle A--Further Enforcement Amendments
SEC. 501. SUPER-MAJORITY POINTS OF ORDER IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.
(a) Section 904 of the Congressional Budget Act of 1974 is amended as follows:CommentsClose CommentsPermalink
(1) In subsection (c)(1), insert `312(g), (h), (i), and (j),' before `313,', and insert `316, 318, 319(a)' before `904(c),'.CommentsClose CommentsPermalink
(2) In subsection (c) strike `three-fifths' each place it appears and insert `two-thirds'.CommentsClose CommentsPermalink
(3)(A) In subsection (d)(2), insert `312(g), (h), (i), and (j),' before `313,', and insert `316, 318, 319(a)' before `904(c),'.CommentsClose CommentsPermalink
(B) In subsection (d), strike `three-fifths' each place it appears and insert `two-thirds'.CommentsClose CommentsPermalink
(4)(A) In subsections (c)(2) and (d)(3), strike `311(a),'.CommentsClose CommentsPermalink
(B) In subsections (c)(1) and (d)(2) insert `311(a),' after `310(d)(2),'.CommentsClose CommentsPermalink
(5) In subsections (c)(1), (c)(2), (d)(2), and (d)(3) by inserting `or the House of Representatives' after `Senate' each place it appears.CommentsClose CommentsPermalink
(6) Strike subsection (e).CommentsClose CommentsPermalink
SEC. 502. BUDGET RESOLUTION ENFORCEMENT POINT OF ORDER.
(a) Entitlement Point of Order- Section 312 of the Congressional Budget Act of 1974 (as amended by section 221(d)) is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(j) Budget Resolution Enforcement Point of Order- It shall not be in order in the House of Representatives or the Senate to consider any joint resolution on the budget for a fiscal year, or amendment thereto or conference report thereon, that--CommentsClose CommentsPermalink
`(1) is not consistent with the discretionary spending limits set forth in section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985; orCommentsClose CommentsPermalink
`(2) provides for an increase in the aggregate level of direct spending for the fiscal year of the resolution or any ensuing fiscal year included in such resolution.'.CommentsClose CommentsPermalink
SEC. 503. POINT OF ORDER WAIVER PROTECTION.
Rule XIII of the Rules of the House of Representatives (as amended by section 313) is further amended by adding at the end the following new clause:CommentsClose CommentsPermalink
`10. (a) It shall not be in order to consider a rule or order that would waive the provisions of any section of the Congressional Budget Act of 1974 referred to in section 904(c)(1) of such Act or of section 302 of the Family Budget Protection Act of 2007.CommentsClose CommentsPermalink
`(b) As disposition of a point of order under paragraph (a), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this clause shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.CommentsClose CommentsPermalink
`(c) The disposition of the question of consideration under this clause with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this clause with respect to an amendment made in order as original text.'.CommentsClose CommentsPermalink
Subtitle B--The Byrd Rule
SEC. 511. LIMITATION ON BYRD RULE.
(a) Protection of Conference Reports- Section 313 of the Congressional Budget Act of 1974 is amended--CommentsClose CommentsPermalink
(1) in subsection (b)(1), by striking subparagraph (E) through the semicolon at the end thereof and by redesignating subparagraph (F) as subparagraph (E);CommentsClose CommentsPermalink
(2) in subsection (c), by striking `and again upon the submission of a conference report on such a reconciliation bill or resolution,';CommentsClose CommentsPermalink
(3) by striking subsection (d);CommentsClose CommentsPermalink
(4) by redesignating subsection (e) as subsection (d); andCommentsClose CommentsPermalink
(5) in subsection (e), as redesignated--CommentsClose CommentsPermalink
(A) by striking `, motion, or conference report' the first place it appears and inserting `, or motion'; andCommentsClose CommentsPermalink
(B) by striking `, motion, or conference report' the second and third places it appears and inserting `or motion'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The first sentence of section 312(e) of the Congressional Budget Act of 1974 is amended by inserting `, except for section 313,' after `Act'.CommentsClose CommentsPermalink
Subtitle C--Treatment of Extraneous Appropriations in Omnibus Appropriation Measures
SEC. 521. TREATMENT OF EXTRANEOUS APPROPRIATIONS.
(a) In General- Title III of the Congressional Budget Act of 1974 (as amended by section 127(a)) is further amended by adding at the end the following new section:CommentsClose CommentsPermalink
`TREATMENT OF EXTRANEOUS APPROPRIATIONS IN OMNIBUS APPROPRIATION MEASURES
`Sec. 319. (a) Point of Order- It shall not be in order in the House of Representatives or the Senate to consider an omnibus appropriation measure, or any amendment thereto or conference report thereon, that appropriates funds for any program, project, or activity that is not within the subject-matter jurisdiction of any subcommittee of the Committee on Appropriations of the House of Representatives or Senate, as applicable, with jurisdiction over any regular appropriation bill contained in such measure.CommentsClose CommentsPermalink
`(b) Definitions- As used in this section:CommentsClose CommentsPermalink
`(1) The term `omnibus appropriation measure' means any bill or joint resolution making continuing appropriations for a fiscal year and that is comprised of more than one regular appropriation bills.CommentsClose CommentsPermalink
`(2) The term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities:CommentsClose CommentsPermalink
`(A) Agriculture, rural development, Food and Drug Administration, and related agencies programs.CommentsClose CommentsPermalink
`(B) The Department of Defense.CommentsClose CommentsPermalink
`(C) Energy and water development, and related agencies.CommentsClose CommentsPermalink
`(D) State, foreign operations, and related programs.CommentsClose CommentsPermalink
`(E) The Department of Homeland Security.CommentsClose CommentsPermalink
`(F) The Department of the Interior, Environmental Protection Agency, and related agencies.CommentsClose CommentsPermalink
`(G) The Departments of Labor, Health and Human Services, and Education, and related agencies.CommentsClose CommentsPermalink
`(H) Military construction, veterans affairs, and related agencies.CommentsClose CommentsPermalink
`(I) Science, the Departments of State, Justice, and Commerce, and related agencies.CommentsClose CommentsPermalink
`(J) The Departments of Transportation, Housing and Urban Development, and related agencies.CommentsClose CommentsPermalink
`(K) The Legislative Branch.CommentsClose CommentsPermalink
`(L) Financial services and general government.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 318 the following new item:CommentsClose CommentsPermalink
`Sec. 319. Treatment of extraneous appropriations in omnibus appropriation measures.'.CommentsClose CommentsPermalink
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