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S 1808 ISCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1808CommentsClose CommentsPermalink
To control Federal spending now.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
October 20, 2009CommentsClose CommentsPermalink
October 20, 2009CommentsClose CommentsPermalink
Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To control Federal spending now.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 ‘Control Spending Now Act’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
TITLE I--REFORMING THE BUDGET AND SPENDING PROCESS
Subtitle A--Targeting Congressional Earmarks
Sec. 1101. Short title.CommentsClose CommentsPermalink
Sec. 1102. Reform of consideration of appropriations bills in the Senate.CommentsClose CommentsPermalink
Subtitle B--Giving the President the Power to Eliminate Wasteful Spending
Sec. 1201. Short title.CommentsClose CommentsPermalink
Sec. 1202. Legislative line-item veto.CommentsClose CommentsPermalink
Sec. 1203. Technical and conforming amendments.CommentsClose CommentsPermalink
Sec. 1204. Sense of Congress on abuse of proposed repeals and cancellations.CommentsClose CommentsPermalink
Subtitle C--Restoring Strong Pay-As-You-Go Requirements
Sec. 1301. Definitions.CommentsClose CommentsPermalink
Sec. 1302. PAYGO estimates and PAYGO scorecards.CommentsClose CommentsPermalink
Sec. 1303. Annual report and sequestration order.CommentsClose CommentsPermalink
Sec. 1304. Calculating a sequestration.CommentsClose CommentsPermalink
Sec. 1305. Application of BBEDCA.CommentsClose CommentsPermalink
Sec. 1306. Technical corrections.CommentsClose CommentsPermalink
Sec. 1307. Conforming amendments.CommentsClose CommentsPermalink
Sec. 1308. Exempt programs and activities.CommentsClose CommentsPermalink
Sec. 1309. Expiration.CommentsClose CommentsPermalink
Subtitle D--Reforming the Budget Process
Sec. 1401. Short title.CommentsClose CommentsPermalink
Sec. 1402. Revision of timetable.CommentsClose CommentsPermalink
Sec. 1403. Amendments to the Congressional Budget and Impoundment Control Act of 1974.CommentsClose CommentsPermalink
Sec. 1404. Amendments to title 31, United States Code.CommentsClose CommentsPermalink
Sec. 1405. Two-year appropriations; title and style of appropriations Acts.CommentsClose CommentsPermalink
Sec. 1406. Multiyear authorizations.CommentsClose CommentsPermalink
Sec. 1407. Government plans on a biennial basis.CommentsClose CommentsPermalink
Sec. 1408. Biennial appropriations bills.CommentsClose CommentsPermalink
Sec. 1409. Report on two-year fiscal period.CommentsClose CommentsPermalink
Sec. 1410. Effective date.CommentsClose CommentsPermalink
TITLE II--MAKING CONGRESS TIGHTEN ITS BELT
Sec. 2001. Ending automatic pay raises for Members of Congress.CommentsClose CommentsPermalink
Sec. 2002. Cutting spending on congressional offices.CommentsClose CommentsPermalink
Sec. 2003. Improving Senate efficiency and transparency.CommentsClose CommentsPermalink
TITLE III--ENDING CORPORATE WELFARE
Sec. 3001. Ending the Wall Street bail-out.CommentsClose CommentsPermalink
Sec. 3002. Ending subsidies for private student loan companies.CommentsClose CommentsPermalink
Sec. 3003. Bringing down prices for prescription drugs by permitting drug reimportation.CommentsClose CommentsPermalink
Sec. 3004. Bringing down prices for prescription drugs by extending 340B discounted drug pricing to managed care organizations.CommentsClose CommentsPermalink
Sec. 3005. Bringing down prices for prescription drugs by increasing the Medicaid drug rebate.CommentsClose CommentsPermalink
Sec. 3006. Ending taxpayer subsidies for exporters.CommentsClose CommentsPermalink
Sec. 3007. Reducing taxpayer subsidies for exporters of agriculture commodities.CommentsClose CommentsPermalink
Sec. 3008. Making companies pay when they fail FDA quality inspections.CommentsClose CommentsPermalink
TITLE IV--ENDING TAXPAYER SUBSIDIES FOR BIG AGRIBUSINESSES
Sec. 4001. Reforming irrigation subsidies.CommentsClose CommentsPermalink
Sec. 4002. Reforming crop insurance subsidies.CommentsClose CommentsPermalink
Sec. 4003. Reducing direct payments to large landowners.CommentsClose CommentsPermalink
Sec. 4004. Cutting farm subsidies for high-income individuals.CommentsClose CommentsPermalink
Sec. 4005. Eliminating the cotton storage subsidy.CommentsClose CommentsPermalink
Sec. 4006. Ending subsidized grazing fees.CommentsClose CommentsPermalink
TITLE V--ENDING TAXPAYER SUBSIDIES FOR THE USE OF PUBLIC RESOURCES AND GOVERNMENT SERVICES
Sec. 5001. Preventing giveaways of the public spectrum.CommentsClose CommentsPermalink
Sec. 5002. Eliminating double subsidies for hardrock mining by repealing percentage depletion allowances.CommentsClose CommentsPermalink
Sec. 5003. Ending subsidies for hardrock mining on public lands by imposing mining royalties and claim fees.CommentsClose CommentsPermalink
Sec. 5004. Reducing State subsidies for onshore oil, gas, coal, and mineral leases on public lands.CommentsClose CommentsPermalink
Sec. 5005. Reducing subsidies for oil, gas, and geothermal energy production on public lands.CommentsClose CommentsPermalink
Sec. 5006. Reducing aviation subsidies.CommentsClose CommentsPermalink
Sec. 5007. Targeting Medicare prescription drug assistance to those who need it most.CommentsClose CommentsPermalink
TITLE VI--TARGETING WASTEFUL OR UNNECESSARY GOVERNMENT SPENDING
Sec. 6001. Delaying a lunar mission.CommentsClose CommentsPermalink
Sec. 6002. Eliminating the V-22 Osprey.CommentsClose CommentsPermalink
Sec. 6003. Cutting C-17s.CommentsClose CommentsPermalink
Sec. 6004. Ending spending for high-risk satellites.CommentsClose CommentsPermalink
Sec. 6005. Reducing cost overruns and delays on major weapons systems.CommentsClose CommentsPermalink
Sec. 6006. Reducing spending on unneeded defense spare parts.CommentsClose CommentsPermalink
Sec. 6007. Reducing overpayments to defense contractors.CommentsClose CommentsPermalink
Sec. 6008. Ending wasteful intelligence spending.CommentsClose CommentsPermalink
Sec. 6009. Ending the IRS slush fund.CommentsClose CommentsPermalink
Sec. 6010. Rescinding unspent earmarks.CommentsClose CommentsPermalink
Sec. 6011. Repealing the rail-line relocation program.CommentsClose CommentsPermalink
Sec. 6012. Eliminating Radio/TV marti at the Office of Cuba Broadcasting.CommentsClose CommentsPermalink
Sec. 6013. Ending support for the Colombian military.CommentsClose CommentsPermalink
TITLE I--REFORMING THE BUDGET AND SPENDING PROCESSCommentsClose CommentsPermalink
TITLE I--REFORMING THE BUDGET AND SPENDING PROCESSCommentsClose CommentsPermalink
Subtitle A--Targeting Congressional EarmarksCommentsClose CommentsPermalink
Subtitle A--Targeting Congressional EarmarksCommentsClose CommentsPermalink
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ‘Fiscal Discipline, Earmark Reform, and Accountability Act’.CommentsClose CommentsPermalink
SEC. 1102. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE.
(a) In General- Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following:CommentsClose CommentsPermalink
‘9.(a) On a point of order made by any Senator:CommentsClose CommentsPermalink
‘(1) No new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill.CommentsClose CommentsPermalink
‘(2) No amendment may be received to any general appropriation bill the effect of which will be to add an unauthorized appropriation to the bill.CommentsClose CommentsPermalink
‘(3) No unauthorized appropriation may be included in any amendment between the Houses, or any amendment thereto, in relation to a general appropriation bill.CommentsClose CommentsPermalink
‘(b)(1) If a point of order under subparagraph (a)(1) against a Senate bill or amendment is sustained--CommentsClose CommentsPermalink
‘(A) the new or general legislation or unauthorized appropriation shall be struck from the bill or amendment; andCommentsClose CommentsPermalink
‘(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the bill or amendment shall be made.CommentsClose CommentsPermalink
‘(2) If a point of order under subparagraph (a)(1) against an Act of the House of Representatives is sustained when the Senate is not considering an amendment in the nature of a substitute, an amendment to the House bill is deemed to have been adopted that--CommentsClose CommentsPermalink
‘(A) strikes the new or general legislation or unauthorized appropriation from the bill; andCommentsClose CommentsPermalink
‘(B) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the bill.CommentsClose CommentsPermalink
‘(c) If the point of order against an amendment under subparagraph (a)(2) is sustained, the amendment shall be out of order and may not be considered.CommentsClose CommentsPermalink
‘(d)(1) If a point of order under subparagraph (a)(3) against a Senate amendment is sustained--CommentsClose CommentsPermalink
‘(A) the unauthorized appropriation shall be struck from the amendment;CommentsClose CommentsPermalink
‘(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the amendment shall be made; andCommentsClose CommentsPermalink
‘(C) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the amendment as so modified.CommentsClose CommentsPermalink
‘(2) If a point of order under subparagraph (a)(3) against a House of Representatives amendment is sustained--CommentsClose CommentsPermalink
‘(A) an amendment to the House amendment is deemed to have been adopted that--CommentsClose CommentsPermalink
‘(i) strikes the new or general legislation or unauthorized appropriation from the House amendment; andCommentsClose CommentsPermalink
‘(ii) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the House amendment; andCommentsClose CommentsPermalink
‘(B) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the question of whether to concur with further amendment.CommentsClose CommentsPermalink
‘(e) The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter.CommentsClose CommentsPermalink
‘(f) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn.CommentsClose CommentsPermalink
‘(g) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a general appropriation bill or an amendment between the Houses on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (f), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.CommentsClose CommentsPermalink
‘(h) For purposes of this paragraph:CommentsClose CommentsPermalink
‘(1) The term ‘new or general legislation’ has the meaning given that term when it is used in paragraph 2 of this rule.CommentsClose CommentsPermalink
‘(2) The term ‘new matter’ means matter not committed to conference by either House of Congress.CommentsClose CommentsPermalink
‘(3)(A) The term ‘unauthorized appropriation’ means a ‘congressionally directed spending item’ as defined in rule XLIV--CommentsClose CommentsPermalink
‘(i) that is not specifically authorized by law or Treaty stipulation (unless the appropriation has been specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law); orCommentsClose CommentsPermalink
‘(ii) the amount of which exceeds the amount specifically authorized by law or Treaty stipulation (or specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law) to be appropriated.CommentsClose CommentsPermalink
‘(B) An appropriation is not specifically authorized if it is restricted or directed to, or authorized to be obligated or expended for the benefit of, an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that is so restricted, directed, or authorized that it applies only to a single identifiable person, program, project, entity, or jurisdiction, unless the identifiable person, program, project, entity, or jurisdiction to which the restriction, direction, or authorization applies is described or otherwise clearly identified in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law) that specifically provides for the restriction, direction, or authorization of appropriation for such person, program, project, entity, or jurisdiction.CommentsClose CommentsPermalink
‘10. (a) On a point of order made by any Senator, no new or general legislation, nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill.CommentsClose CommentsPermalink
‘(b) If the point of order against a conference report under subparagraph (a) is sustained--CommentsClose CommentsPermalink
‘(1) the new or general legislation, unauthorized appropriation, new matter, or nongermane matter in such conference report shall be deemed to have been struck;CommentsClose CommentsPermalink
‘(2) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck shall be deemed to have been made;CommentsClose CommentsPermalink
‘(3) when all other points of order under this paragraph have been disposed of--CommentsClose CommentsPermalink
‘(A) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck (together with any modification of total amounts appropriated);CommentsClose CommentsPermalink
‘(B) the question shall be debatable; andCommentsClose CommentsPermalink
‘(C) no further amendment shall be in order; andCommentsClose CommentsPermalink
‘(4) if the Senate agrees to the amendment, then the bill and the Senate amendment thereto shall be returned to the House for its concurrence in the amendment of the Senate.CommentsClose CommentsPermalink
‘(c) The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter.CommentsClose CommentsPermalink
‘(d) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn.CommentsClose CommentsPermalink
‘(e) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a conference report on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (d), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.CommentsClose CommentsPermalink
‘(f) For purposes of this paragraph:CommentsClose CommentsPermalink
‘(1) The terms ‘new or general legislation’, ‘new matter’, and ‘unauthorized appropriation’ have the same meaning as in paragraph 9.CommentsClose CommentsPermalink
‘(2) The term ‘nongermane matter’ has the same meaning as in rule XXII and under the precedents attendant thereto, as of the beginning of the 110th Congress.’.CommentsClose CommentsPermalink
(b) Requiring Conference Reports To Be Searchable Online- Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the Senate is amended by inserting ‘in an searchable format’ after ‘available’.CommentsClose CommentsPermalink
Subtitle B--Giving the President the Power to Eliminate Wasteful SpendingCommentsClose CommentsPermalink
Subtitle B--Giving the President the Power to Eliminate Wasteful SpendingCommentsClose CommentsPermalink
SEC. 1201. SHORT TITLE.
This subtitle may be cited as the ‘Congressional Accountability and Line-Item Veto Act of 2009’.CommentsClose CommentsPermalink
SEC. 1202. LEGISLATIVE LINE-ITEM VETO.
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 30 calendar days after the enactment of any bill or joint resolution containing any congressional earmark or providing any limited tariff benefit or targeted tax benefit, the President may propose, in the manner provided in subsection (b), the repeal of the congressional earmark or the cancellation of any limited tariff benefit or targeted tax benefit. If the 30 calendar-day period expires during a period where either House of Congress stands adjourned sine die at the end of Congress or for a period greater than 30 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 repeal any congressional earmarks or to cancel any limited tariff benefits or targeted tax benefits.CommentsClose CommentsPermalink
‘(B) CONTENTS OF SPECIAL MESSAGE- Each special message shall specify, with respect to the congressional earmarks, limited tariff benefits, or targeted tax benefits to be repealed or canceled--CommentsClose CommentsPermalink
‘(i) the congressional earmark that the President proposes to repeal or the limited tariff benefit or the targeted tax benefit that the President proposes be canceled;CommentsClose CommentsPermalink
‘(ii) the specific project or governmental functions involved;CommentsClose CommentsPermalink
‘(iii) the reasons why such congressional earmark should be repealed or such 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 repeal or cancellation;CommentsClose CommentsPermalink
‘(v) to the maximum extent practicable, all facts, circumstances, and considerations relating to or bearing upon the proposed repeal or cancellation and the decision to propose the repeal or cancellation, and the estimated effect of the proposed repeal or cancellation upon the objects, purposes, or programs for which the congressional earmark, limited tariff benefit, or the targeted tax benefit is provided;CommentsClose CommentsPermalink
‘(vi) a numbered list of repeals and cancellations to be included in an approval bill that, if enacted, would repeal congressional earmarks and cancel limited tariff benefits 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 repeals or cancellations are not substantially similar to any other proposed repeal or cancellation in such other message.CommentsClose CommentsPermalink
‘(C) DUPLICATIVE PROPOSALS PROHIBITED- The President may not propose to repeal or cancel the same or substantially similar congressional earmark, 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 one special message under this subsection related to any bill or joint resolution described in subsection (a), but may transmit not more than 2 special messages for any omnibus budget reconciliation or appropriation measure.CommentsClose CommentsPermalink
‘(2) ENACTMENT OF APPROVAL BILL-CommentsClose CommentsPermalink
‘(A) DEFICIT REDUCTION- Congressional earmarks, limited tariff benefits, or targeted tax benefits which are repealed or 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 repeal or 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) REFERRAL AND REPORTING- Any committee of the Senate to which an approval bill is referred shall report it to the Senate 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 Senate 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) MOTION TO PROCEED TO CONSIDERATION- After an approval bill is reported by or discharged from committee or the Senate 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 Senate. 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
‘(C) 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
‘(D) 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
‘(E) MOTION TO LIMIT DEBATE- A motion in the Senate to further limit debate on a bill under this subsection is not debatable.CommentsClose CommentsPermalink
‘(F) MOTION TO RECOMMIT- A motion to recommit a bill under this subsection is not in order.CommentsClose CommentsPermalink
‘(G) 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 a vote under subparagraph (C), then the Senate may consider, and the vote under subparagraph (C) may occur on, the House companion bill.CommentsClose CommentsPermalink
‘(ii) PROCEDURE AFTER VOTE ON SENATE BILL- If the Senate votes, pursuant to subparagraph (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 Congressional Earmarks-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 congressional earmark to be repealed in that special message shall not be made available for obligation for a period of 45 calendar days of continuous session of the Congress after the date on which the President transmits the special message to the Congress.CommentsClose CommentsPermalink
‘(2) EARLY AVAILABILITY- The President shall make any congressional earmark 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 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 of 45 calendar days of continuous session of the Congress after the date on which 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
‘(c) 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 of 45 calendar days of continuous session of the Congress after the date on which 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
‘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 repeal of any congressional earmark or cancellation of any 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 repeals and cancellations contained in that bill shall be null and void and any such congressional earmark, limited tariff benefit, or targeted tax benefit shall be effective as of the original date provided in the law to which the proposed repeals or 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 congressional earmark is not repealed or 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
section 105 of title 1, United States Code , including any general or special appropriation Act, or any Act making supplemental, deficiency, or continuing appropriations, that has been signed into law pursuant to Article I, section 7, of the Constitution of the United States.CommentsClose CommentsPermalink‘(2) APPROVAL BILL- The term ‘approval bill’ means a bill or joint resolution which only approves proposed repeals of congressional earmarks or cancellations of 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 repeals and 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;CommentsClose CommentsPermalink
‘(C) which provides only the following after the enacting clause: ‘That the Congress approves of proposed repeals and cancellations XXX’, the blank space being filled in with a list of the repeals and 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 repeals and cancellations that are estimated by CBO to meet the definition of congressional earmark or limited tariff benefits, or that are identified as targeted tax benefits pursuant to section 1014; andCommentsClose CommentsPermalink
‘(E) 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) 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
‘(B) 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) CONGRESSIONAL EARMARK- 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
‘(7) ENTITY- As used in paragraph (6), the term ‘entity’ includes a private business, State, territory or locality, or Federal entity.CommentsClose CommentsPermalink
‘(8) 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
‘(9) OMB- The term ‘OMB’ means the Director of the Office of Management and Budget.CommentsClose CommentsPermalink
‘(10) 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
‘(11) TARGETED TAX BENEFIT- The term ‘targeted tax benefit’ means--CommentsClose CommentsPermalink
‘(A) any revenue provision that--CommentsClose CommentsPermalink
‘(i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; andCommentsClose CommentsPermalink
‘(ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; orCommentsClose CommentsPermalink
‘(B) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986.CommentsClose CommentsPermalink
‘EXPIRATION
‘Sec. 1018. This title shall have no force or effect on or after December 31, 2014’.CommentsClose CommentsPermalink
SEC. 1203. 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 repeal any congressional earmark, the Director of the Congressional Budget Office shall prepare an estimate of the savings in budget authority or outlays resulting from such proposed repeal 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
section 1105(a) of title 31, United States Code , and transmit such estimate to the chairmen of the Committees on the Budget of the House of Representatives and Senate.’.CommentsClose CommentsPermalink
(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 subtitle shall take effect on the date of its enactment and apply only to any congressional earmark, limited tariff benefit, or targeted tax benefit provided in an Act enacted on or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 1204. SENSE OF CONGRESS ON ABUSE OF PROPOSED REPEALS AND 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 repeal or cancellation in any special message under this section upon any vote cast or to be castCommentsClose CommentsPermalink
Subtitle C--Restoring Strong Pay-As-You-Go RequirementsCommentsClose CommentsPermalink
Subtitle C--Restoring Strong Pay-As-You-Go RequirementsCommentsClose CommentsPermalink
SEC. 1301. DEFINITIONS.
As used in this subtitle--CommentsClose CommentsPermalink
(1) The term ‘BBEDCA’ means the Balanced Budget and Emergency Deficit Control Act of 1985.CommentsClose CommentsPermalink
(2) The definitions set forth in section 3 of the Congressional Budget and Impoundment Control Act of 1974 and in section 250 of BBEDCA shall apply to this subtitle, except to the extent that they are specifically modified as follows:CommentsClose CommentsPermalink
(A) The term ‘outyear’ means a fiscal year that occurs one or more years after the budget year.CommentsClose CommentsPermalink
(B) In section 250(c)(8)(C), the reference to the food stamp program shall be deemed to be a reference to the Supplemental Nutrition Assistance Program.CommentsClose CommentsPermalink
(3)(A) The term ‘budgetary effects’ means the amounts by which PAYGO legislation changes direct spending or revenues relative to the baseline and shall be determined on the basis of estimates included by reference in the PAYGO Act or prepared under section 4(d)(3), as applicable. Budgetary effects that increase direct spending or decrease revenues are termed ‘costs’ and budgetary effects that increase revenues or decrease direct spending are termed ‘savings’.CommentsClose CommentsPermalink
(B) For purposes of these definitions, off-budget effects shall be counted as budgetary effects unless such changes flow directly from amendments to title II of the Social Security Act and related provisions of the Internal Revenue Code of 1986 and debt service effects shall not be counted as budgetary effects.CommentsClose CommentsPermalink
(C) Solely for purposes of recording entries on a PAYGO scorecard, provisions in appropriations Acts are also considered to be budgetary effects for purposes of this subtitle if such provisions make outyear modifications to substantive law, except that provisions for which the outlay effects net to zero over a period consisting of the current year, the budget year, and the 4 subsequent years shall not be considered budgetary effects. For purposes of this paragraph, the term, ‘modifications to substantive law’ refers to changes to or restrictions on entitlement law or other mandatory spending contained in appropriations Acts, notwithstanding section 250(c)(8) of BBEDCA. Provisions in appropriations Acts that are neither outyear modifications to substantive law nor changes in revenues have no budgetary effects for purposes of this subtitle.CommentsClose CommentsPermalink
(D) If a provision is designated as an emergency requirement under this subtitle and is also designated as an emergency requirement under the applicable rules of the House of Representatives, CBO shall not include the cost of such a provision in its estimate of the PAYGO legislation’s budgetary effects.CommentsClose CommentsPermalink
(4) The term ‘debit’ refers to the net total amount, when positive, by which costs recorded on the PAYGO scorecards for a fiscal year exceed savings recorded on those scorecards for that year.CommentsClose CommentsPermalink
(5) The term ‘entitlement law’ refers to a section of law which provides entitlement authority.CommentsClose CommentsPermalink
(6) The term ‘PAYGO legislation’ or a ‘PAYGO Act’ refers to a bill or joint resolution that affects direct spending or revenue relative to the baseline. The budgetary effects of changes in revenues and outyear modifications to substantive law included in appropriation Acts as defined in paragraph (4) shall be treated as if they were contained in PAYGO legislation.CommentsClose CommentsPermalink
(7) The term ‘timing shift’ refers to a delay of the date on which direct spending would otherwise occur from the ninth outyear to the tenth outyear or an acceleration of the date on which revenues would otherwise occur from the tenth outyear to the ninth outyear.CommentsClose CommentsPermalink
SEC. 1302. PAYGO ESTIMATES AND PAYGO SCORECARDS.
(a) PAYGO Estimates- (1) A PAYGO Act shall include by reference an estimate of its budgetary effects as determined under section 308(a)(3) of the Congressional Budget Act of 1974, if timely submitted for printing in the Congressional Record by the chairs of the Committees on the Budget of the House of Representatives and the Senate, as applicable, before the vote on the PAYGO legislation. The Clerk of the House or the Secretary of the Senate, as applicable, shall also incorporate by reference such estimate printed in the relevant portion of the Congressional Record under section 308(a)(3) of the Congressional Budget Act of 1974 into the enrollment of a PAYGO Act. Budgetary effects that are not so included shall be determined under section 1304(d)(3).CommentsClose CommentsPermalink
(2)(A) Section 308(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) CBO PAYGO ESTIMATES- Before a vote in either House on a PAYGO Act that, if determined in the affirmative, would clear such Act for enrollment, the chairs of the Committees on the Budget of the House and Senate, as applicable, shall request from the Director of the Congressional Budget Office an estimate of the budgetary effects of such Act under the Control Spending Now Act. If such an estimate is timely provided, the chairs of the Committees on the Budget of the House of Representatives and the Senate shall post such estimate on their respective committee websites and cause it to be printed in the Congressional Record under the heading ‘PAYGO ESTIMATE’. For purposes of this section, the Director of the Congressional Budget Office shall not count timing shifts in his estimates of the budgetary effects of PAYGO legislation (as defined in section 1301 of the Control Spending Now Act).’.CommentsClose CommentsPermalink
(B) The side heading of section 308(a) of the Congressional Budget Act of 1974 is amended by striking ‘Reports on’.CommentsClose CommentsPermalink
(b) Section 308 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(d) Scorekeeping Guidelines- The Director of the Congressional Budget Office shall provide estimates under this section in accordance with the scorekeeping guidelines determined under section 252(d)(5) of the Balanced Budget and Emergency Deficit Control Act of 1985. Upon agreement, the chairs of the Committees on the Budget of the House of Representatives and the Senate shall submit updates to such guidelines for printing in the Congressional Record.’.CommentsClose CommentsPermalink
(c) OMB PAYGO Scorecards-CommentsClose CommentsPermalink
(1) IN GENERAL- OMB shall maintain and make publicly available a continuously updated document containing two PAYGO scorecards displaying the budgetary effects of PAYGO legislation as determined under section 308 of the Congressional Budget Act of 1974, applying the look-back requirement in subsection (e) and the averaging requirement in subsection (f), and a separate addendum displaying the estimates of the costs of provisions designated in statute as emergency requirements.CommentsClose CommentsPermalink
(2) ESTIMATES IN LEGISLATION- Except as provided in paragraph (3), in making the calculations for the PAYGO scorecards, OMB shall use the budgetary effects included by reference in the applicable legislation.CommentsClose CommentsPermalink
(3) OMB ESTIMATES- If legislation does not contain the estimate of budgetary effects under paragraph (2), then OMB shall score the budgetary effects of that legislation upon its enactment, based on the approaches to scorekeeping set forth in this subtitle.CommentsClose CommentsPermalink
(4) 5-year SCORECARD- The first scorecard shall display the budgetary effects of PAYGO legislation in each year over the 5-year period beginning in the budget year.CommentsClose CommentsPermalink
(5) 10-year SCORECARD- The second scorecard shall display the budgetary effects of PAYGO legislation in each year over the 10-year period beginning in the budget year.CommentsClose CommentsPermalink
(d) Look-Back To Capture Current-Year Effects- For purposes of this section, OMB shall treat the budgetary effects of PAYGO legislation enacted during a session of Congress that occur during the current year as though they occurred in the budget year.CommentsClose CommentsPermalink
(e) Averaging Used to Measure Compliance Over 5-Year and 10-Year Periods- OMB shall cumulate the budgetary effects of a PAYGO Act over the budget year (which includes any look-back effects under subsection (d)) and--CommentsClose CommentsPermalink
(1) for purposes of the 5-year scorecard referred to in subsection (c)(4), the four subsequent outyears, divide that cumulative total by five, and enter the quotient in the budget-year column and in each subsequent column of the 5-year PAYGO scorecard; andCommentsClose CommentsPermalink
(2) for purposes of the 10-year scorecard referred to in subsection (c)(5), the nine subsequent outyears, divide that cumulative total by ten, and enter the quotient in the budget-year column and in each subsequent column of the 10-year PAYGO scorecard.CommentsClose CommentsPermalink
SEC. 1303. ANNUAL REPORT AND SEQUESTRATION ORDER.
(a) Annual Report- Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards, information about emergency legislation (if any) designated under this subtitle, information about any sequestration if required by subsection (b), and other data and explanations that enhance public understanding of this subtitle and actions taken under it.CommentsClose CommentsPermalink
(b) Sequestration Order- If the annual report issued at the end of a session of Congress under subsection (a) shows a debit on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of direct spending programs by enough to offset that debit as prescribed in section 1306. If there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall include that order in the annual report and transmit it to the House of Representatives and the Senate. If the President issues a sequestration order, the annual report shall contain, for each budget account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestration, the amount of budgetary resources to be sequestered, and the outlay reductions that will occur in the budget year and the subsequent fiscal year because of that sequestration.CommentsClose CommentsPermalink
SEC. 1304. CALCULATING A SEQUESTRATION.
(a) Reducing Nonexempt Budgetary Resources by a Uniform Percentage- OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in section 256(d) of BBEDCA shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.CommentsClose CommentsPermalink
(b) Outlay Savings- In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count--CommentsClose CommentsPermalink
(1) the amount by which the sequestration in a crop year of crop support payments, pursuant to section 256(j) of BBEDCA, reduces outlays in the budget year and the subsequent fiscal year;CommentsClose CommentsPermalink
(2) the amount by which the sequestration of Medicare payments in the 12-month period following the sequestration order, pursuant to section 256(d) of BBEDCA, reduces outlays in the budget year and the subsequent fiscal year; andCommentsClose CommentsPermalink
(3) the amount by which the sequestration in the budget year of the budgetary resources of other nonexempt mandatory programs reduces outlays in the budget year and in the subsequent fiscal year.CommentsClose CommentsPermalink
SEC. 1305. APPLICATION OF BBEDCA.
For purposes of this subtitle--CommentsClose CommentsPermalink
(1) notwithstanding section 275 of BBEDCA, the provisions of sections 255, 256, 257, and 274 of BBEDCA, as amended by this subtitle, shall apply to the provisions of this subtitle;CommentsClose CommentsPermalink
(2) references in sections 255, 256, 257, and 274 to ‘this part’ or ‘this title’ shall be interpreted as applying to this subtitle;CommentsClose CommentsPermalink
(3) references in sections 255, 256, 257, and 274 of BBEDCA to ‘section 254’ shall be interpreted as referencing section 1303 of this subtitle;CommentsClose CommentsPermalink
(4) the reference in section 256(b) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 1303 of this subtitle;CommentsClose CommentsPermalink
(5) the reference in section 256(d)(1) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 1304 of this subtitle;CommentsClose CommentsPermalink
(6) the reference in section 256(d)(4) of BBEDCA to ‘section 252 or 253’ shall be interpreted as referencing section 1303 of this subtitle;CommentsClose CommentsPermalink
(7) section 256(k) of BBEDCA shall apply to a sequestration, if any, under this subtitle; andCommentsClose CommentsPermalink
(8) references in section 257(e) of BBEDCA to ‘section 251, 252, or 253’ shall be interpreted as referencing section 1302 of this subtitle.CommentsClose CommentsPermalink
SEC. 1306. TECHNICAL CORRECTIONS.
(a) Section 250(c)(18) of BBEDCA is amended by striking ‘the expenses the Federal deposit insurance agencies’ and inserting ‘the expenses of the Federal deposit insurance agencies’.CommentsClose CommentsPermalink
(b) Section 256(k)(1) of BBEDCA is amended by striking ‘in paragraph (5)’ and inserting ‘in paragraph (6)’.CommentsClose CommentsPermalink
SEC. 1307. CONFORMING AMENDMENTS.
(a) Section 256(a) of BBEDCA is repealed.CommentsClose CommentsPermalink
(b) Section 256(b) of BBEDCA is amended by striking ‘origination fees under sections 438(c)(2) and 455(c) of that Act shall each be increased by 0.50 percentage point.’ and inserting in lieu thereof ‘origination fees under sections 438(c) (2) and (6) and 455(c) and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order.’.CommentsClose CommentsPermalink
(c) Section 256(c) of BBEDCA is repealed.CommentsClose CommentsPermalink
(d) Section 256(d) of BBEDCA is amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (5), and (6);CommentsClose CommentsPermalink
(2) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
‘(1) CALCULATION OF REDUCTION IN PAYMENT AMOUNTS- To achieve the total percentage reduction in those programs required by section 252 or 253, subject to paragraph (2), and notwithstanding section 710 of the Social Security Act, OMB shall determine, and the applicable Presidential order under section 254 shall implement, the percentage reduction that shall apply, with respect to the health insurance programs under title XVIII of the Social Security Act--CommentsClose CommentsPermalink
‘(A) in the case of parts A and B of such title, to individual payments for services furnished during the one-year period beginning on the first day of the first month beginning after the date the order is issued (or, if later, the date specified in paragraph (4)); andCommentsClose CommentsPermalink
‘(B) in the case of parts C and D, to monthly payments under contracts under such parts for the same one-year period;CommentsClose CommentsPermalink
such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that period.’;CommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(2) UNIFORM REDUCTION RATE; MAXIMUM PERMISSIBLE REDUCTION- Reductions in payments for programs and activities under such title XVIII pursuant to a sequestration order under section 254 shall be at a uniform rate, which shall not exceed 4 percent, across all such programs and activities subject to such order.’;CommentsClose CommentsPermalink
(4) by inserting after paragraph (3), as redesignated, the following:CommentsClose CommentsPermalink
‘(4) TIMING OF SUBSEQUENT SEQUESTRATION ORDER- A sequestration order required by section 252 or 253 with respect to programs under such title XVIII shall not take effect until the first month beginning after the end of the effective period of any prior sequestration order with respect to such programs, as determined in accordance with paragraph (1).’;CommentsClose CommentsPermalink
(5) in paragraph (6), as redesignated, to read as follows:CommentsClose CommentsPermalink
‘(6) SEQUESTRATION DISREGARDED IN COMPUTING PAYMENT AMOUNTS- The Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this part, for purposes of computing any adjustments to payment rates under such title XVIII, specifically including--CommentsClose CommentsPermalink
‘(A) the part C growth percentage under section 1853(c)(6);CommentsClose CommentsPermalink
‘(B) the part D annual growth rate under section 1860D-2(b)(6); andCommentsClose CommentsPermalink
‘(C) application of risk corridors to part D payment rates under section 1860D-15(e).’; andCommentsClose CommentsPermalink
(6) by adding after paragraph (6), as redesignated, the following:CommentsClose CommentsPermalink
‘(7) EXEMPTIONS FROM SEQUESTRATION- In addition to the programs and activities specified in section 255, the following shall be exempt from sequestration under this part:CommentsClose CommentsPermalink
‘(A) PART D LOW-INCOME SUBSIDIES- Premium and cost-sharing subsidies under section 1860D-14 of the Social Security Act.CommentsClose CommentsPermalink
‘(B) PART D CATASTROPHIC SUBSIDY- Payments under section 1860D-15(b) and (e)(2)(B) of the Social Security Act.CommentsClose CommentsPermalink
‘(C) QUALIFIED INDIVIDUAL (QI) PREMIUMS- Payments to States for coverage of Medicare cost-sharing for certain low-income Medicare beneficiaries under section 1933 of the Social Security Act.’.CommentsClose CommentsPermalink
SEC. 1308. EXEMPT PROGRAMS AND ACTIVITIES.
(a) Designations- Section 255 of BBEDCA is amended by redesignating subsection (i) as (j) and striking ‘1998’ and inserting in lieu thereof ‘2010’.CommentsClose CommentsPermalink
(b) Social Security, Veterans Programs, Net Interest, and Tax Credits- Subsections (a) through (d) of section 255 of BBEDCA are amended to read as follows:CommentsClose CommentsPermalink
‘(a) Social Security Benefits and Tier I Railroad Retirement Benefits- Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act (
42 U.S.C. 401 et seq.), and benefits payable under section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45 United States Code, shall be exempt from reduction under any order issued under this part.CommentsClose CommentsPermalink‘(b) Veterans Programs- The following program shall be exempt from reduction under any order issued under this part--CommentsClose CommentsPermalink
‘All programs administered by the Department of Veterans Affairs.CommentsClose CommentsPermalink
‘Special Benefits for Certain World War II Veterans (28-0401-0-1-701).CommentsClose CommentsPermalink
‘(c) Net Interest- No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this part.CommentsClose CommentsPermalink
‘(d) Refundable Income Tax Credits- Payments to individuals made pursuant to provisions of the Internal Revenue Code of 1986 establishing refundable tax credits shall be exempt from reduction under any order issued under this part.’.CommentsClose CommentsPermalink
(c) Other Programs and Activities, Low-Income Programs, and Economic Recovery Programs- Subsections (g) and (h) of section 255 of BBEDCA are amended to read as follows:CommentsClose CommentsPermalink
‘(g) Other Programs and Activities-CommentsClose CommentsPermalink
‘(1)(A) The following budget accounts and activities shall be exempt from reduction under any order issued under this part:CommentsClose CommentsPermalink
‘Activities resulting from private donations, bequests, or voluntary contributions to the Government.CommentsClose CommentsPermalink
‘Activities financed by voluntary payments to the Government for goods or services to be provided for such payments.CommentsClose CommentsPermalink
‘Administration of Territories, Northern Mariana Islands Covenant grants (14-0412-0-1-808).CommentsClose CommentsPermalink
‘Advances to the Unemployment Trust Fund and Other Funds (16-0327-0-1-600).CommentsClose CommentsPermalink
‘Black Lung Disability Trust Fund Refinancing (16-0329-0-1-601).CommentsClose CommentsPermalink
‘Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 of
Public Law 93-454 (1974), as amended (89-4045-0-3-271).CommentsClose CommentsPermalink‘Claims, Judgments, and Relief Acts (20-1895-0-1-808).CommentsClose CommentsPermalink
‘Compact of Free Association (14-0415-0-1-808).CommentsClose CommentsPermalink
‘Compensation of the President (11-0209-01-1-802).CommentsClose CommentsPermalink
‘Comptroller of the Currency, Assessment Funds (20-8413-0-8-373).CommentsClose CommentsPermalink
‘Continuing Fund, Southeastern Power Administration (89-5653-0-2-271).CommentsClose CommentsPermalink
‘Continuing Fund, Southwestern Power Administration (89-5649-0-2-271).CommentsClose CommentsPermalink
‘Dual Benefits Payments Account (60-0111-0-1-601).CommentsClose CommentsPermalink
‘Emergency Fund, Western Area Power Administration (89-5069-0-2-271).CommentsClose CommentsPermalink
‘Exchange Stabilization Fund (20-4444-0-3-155).CommentsClose CommentsPermalink
‘Federal Deposit Insurance Corporation, Deposit Insurance Fund (51-4596-4-4-373).CommentsClose CommentsPermalink
‘Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51-4065-0-3-373).CommentsClose CommentsPermalink
‘Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51-4458-0-3-373).CommentsClose CommentsPermalink
‘Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51-4457-0-3-373).CommentsClose CommentsPermalink
‘Federal Housing Finance Agency, Administrative Expenses (95-5532-0-2-371).CommentsClose CommentsPermalink
‘Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20-1713-0-1-752).CommentsClose CommentsPermalink
‘Federal Payment to the District of Columbia Pension Fund (20-1714-0-1-601).CommentsClose CommentsPermalink
‘Federal Payments to the Railroad Retirement Accounts (60-0113-0-1-601).CommentsClose CommentsPermalink
‘Federal Reserve Bank Reimbursement Fund (20-1884-0-1-803).CommentsClose CommentsPermalink
‘Financial Agent Services (20-1802-0-1-803).CommentsClose CommentsPermalink
‘Foreign Military Sales Trust Fund (11-8242-0-7-155).CommentsClose CommentsPermalink
‘Hazardous Waste Management, Conservation Reserve Program (12-4336-0-3-999).CommentsClose CommentsPermalink
‘Host Nation Support Fund for Relocation (97-8337-0-7-051).CommentsClose CommentsPermalink
‘Internal Revenue Collections for Puerto Rico (20-5737-0-2-806).CommentsClose CommentsPermalink
‘Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect.CommentsClose CommentsPermalink
‘Medical Facilities Guarantee and Loan Fund (75-9931-0-3-551).CommentsClose CommentsPermalink
‘National Credit Union Administration, Central Liquidity Facility (25-4470-0-3-373).CommentsClose CommentsPermalink
‘National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25-4476-0-3-376).CommentsClose CommentsPermalink
‘National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25-4473-0-3-371).CommentsClose CommentsPermalink
‘National Credit Union Administration, Credit Union Share Insurance Fund (25-4468-0-3-373).CommentsClose CommentsPermalink
‘National Credit Union Administration, Credit Union System Investment Program (25-4474-0-3-376).CommentsClose CommentsPermalink
‘National Credit Union Administration, Operating fund (25-4056-0-3-373).CommentsClose CommentsPermalink
‘National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee Program (25-4469-0-3-376).CommentsClose CommentsPermalink
‘National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25-4475-0-3-376).CommentsClose CommentsPermalink
‘Office of Thrift Supervision (20-4108-0-3-373).CommentsClose CommentsPermalink
‘Panama Canal Commission Compensation Fund (16-5155-0-2-602).CommentsClose CommentsPermalink
‘Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15-0100-0-1-153).CommentsClose CommentsPermalink
‘Payment to Civil Service Retirement and Disability Fund (24-0200-0-1-805).CommentsClose CommentsPermalink
‘Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97-0850-0-1-054).CommentsClose CommentsPermalink
‘Payment to Judiciary Trust Funds (10-0941-0-1-752).CommentsClose CommentsPermalink
‘Payment to Military Retirement Fund (97-0040-0-1-054).CommentsClose CommentsPermalink
‘Payment to the Foreign Service Retirement and Disability Fund (19-0540-0-1-153).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
‘Payment to Radiation Exposure Compensation Trust Fund (15-0333-0-1-054).CommentsClose CommentsPermalink
‘Payments to Social Security Trust Funds (28-0404-0-1-651).CommentsClose CommentsPermalink
‘Payments to the United States Territories, Fiscal Assistance (14-0418-0-1-806).CommentsClose CommentsPermalink
‘Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.CommentsClose CommentsPermalink
‘Payments to widows and heirs of deceased Members of Congress (00-0215-0-1-801).CommentsClose CommentsPermalink
‘Postal Service Fund (18-4020-0-3-372).CommentsClose CommentsPermalink
‘Radiation Exposure Compensation Trust Fund (15-8116-0-1-054).CommentsClose CommentsPermalink
‘Reimbursement to Federal Reserve Banks (20-0562-0-1-803).CommentsClose CommentsPermalink
‘Salaries of Article III judges.CommentsClose CommentsPermalink
‘Soldiers and Airmen’s Home, payment of claims (84-8930-0-7-705).CommentsClose CommentsPermalink
‘Tennessee Valley Authority Fund, except nonpower programs and activities (64-4110-0-3-999).CommentsClose CommentsPermalink
‘Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14-5265-0-2-452), Tribal Trust Fund (14-8030-0-7-452), White Earth Settlement (14-2204-0-1-452), and Indian Water Rights and Habitat Acquisition (14-5505-0-2-303).CommentsClose CommentsPermalink
‘United Mine Workers of America 1992 Benefit Plan (95-8260-0-7-551).CommentsClose CommentsPermalink
‘United Mine Workers of America 1993 Benefit Plan (95-8535-0-7-551).CommentsClose CommentsPermalink
‘United Mine Workers of America Combined Benefit Fund (95-8295-0-7-551).CommentsClose CommentsPermalink
‘United States Enrichment Corporation Fund (95-4054-0-3-271).CommentsClose CommentsPermalink
‘Universal Service Fund (27-5183-0-2-376).CommentsClose CommentsPermalink
‘Vaccine Injury Compensation (75-0320-0-1-551).CommentsClose CommentsPermalink
‘Vaccine Injury Compensation Program Trust Fund (20-8175-0-7-551).CommentsClose CommentsPermalink
‘(B) The following Federal retirement and disability accounts and activities shall be exempt from reduction under any order issued under this part:CommentsClose CommentsPermalink
‘Black Lung Disability Trust Fund (20-8144-0-7-601).CommentsClose CommentsPermalink
‘Central Intelligence Agency Retirement and Disability System Fund (56-3400-0-1-054).CommentsClose CommentsPermalink
‘Civil Service Retirement and Disability Fund (24-8135-0-7-602).CommentsClose CommentsPermalink
‘Comptrollers general retirement system (05-0107-0-1-801).CommentsClose CommentsPermalink
‘Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations (14-9924-0-2-303).CommentsClose CommentsPermalink
‘Court of Appeals for Veterans Claims Retirement Fund (95-8290-0-7-705).CommentsClose CommentsPermalink
‘Department of Defense Medicare-Eligible Retiree Health Care Fund (97-5472-0-2-551).CommentsClose CommentsPermalink
‘District of Columbia Federal Pension Fund (20-5511-0-2-601).CommentsClose CommentsPermalink
‘District of Columbia Judicial Retirement and Survivors Annuity Fund (20-8212-0-7-602).CommentsClose CommentsPermalink
‘Energy Employees Occupational Illness Compensation Fund (16-1523-0-1-053).CommentsClose CommentsPermalink
‘Foreign National Employees Separation Pay (97-8165-0-7-051).CommentsClose CommentsPermalink
‘Foreign Service National Defined Contributions Retirement Fund (19-5497-0-2-602).CommentsClose CommentsPermalink
‘Foreign Service National Separation Liability Trust Fund (19-8340-0-7-602).CommentsClose CommentsPermalink
‘Foreign Service Retirement and Disability Fund (19-8186-0-7-602).CommentsClose CommentsPermalink
‘Government Payment for Annuitants, Employees Health Benefits (24-0206-0-1-551).CommentsClose CommentsPermalink
‘Government Payment for Annuitants, Employee Life Insurance (24-0500-0-1-602).CommentsClose CommentsPermalink
‘Judicial Officers’ Retirement Fund (10-8122-0-7-602).CommentsClose CommentsPermalink
‘Judicial Survivors’ Annuities Fund (10-8110-0-7-602).CommentsClose CommentsPermalink
‘Military Retirement Fund (97-8097-0-7-602).CommentsClose CommentsPermalink
‘National Railroad Retirement Investment Trust (60-8118-0-7-601).CommentsClose CommentsPermalink
‘National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306).CommentsClose CommentsPermalink
‘Pensions for former Presidents (47-0105-0-1-802).CommentsClose CommentsPermalink
‘Postal Service Retiree Health Benefits Fund (24-5391-0-2-551).CommentsClose CommentsPermalink
‘Public Safety Officer Benefits (15-0403-0-1-754).CommentsClose CommentsPermalink
‘Rail 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
‘Special Benefits for Disabled Coal Miners (16-0169-0-1-601).CommentsClose CommentsPermalink
‘Special Benefits, Federal Employees’ Compensation Act (16-1521-0-1-600).CommentsClose CommentsPermalink
‘Special Workers Compensation Expenses (16-9971-0-7-601).CommentsClose CommentsPermalink
‘Tax Court Judges Survivors Annuity Fund (23-8115-0-7-602).CommentsClose CommentsPermalink
‘United States Court of Federal Claims Judges’ Retirement Fund (10-8124-0-7-602).CommentsClose CommentsPermalink
‘United States Secret Service, DC Annuity (70-0400-0-1-751).CommentsClose CommentsPermalink
‘Voluntary Separation Incentive Fund (97-8335-0-7-051).CommentsClose CommentsPermalink
‘(2) Prior legal obligations of the Government in the following budget accounts and activities shall be exempt from any order issued under this part:CommentsClose CommentsPermalink
‘Biomass Energy Development (20-0114-0-1-271).CommentsClose CommentsPermalink
‘Check Forgery Insurance Fund (20-4109-0-3-803).CommentsClose CommentsPermalink
‘Credit liquidating accounts.CommentsClose CommentsPermalink
‘Credit reestimates.CommentsClose CommentsPermalink
‘Employees Life Insurance Fund (24-8424-0-8-602).CommentsClose CommentsPermalink
‘Federal Aviation Insurance Revolving Fund (69-4120-0-3-402).CommentsClose CommentsPermalink
‘Federal Crop Insurance Corporation Fund (12-4085-0-3-351).CommentsClose CommentsPermalink
‘Federal Emergency Management Agency, National Flood Insurance Fund (58-4236-0-3-453).CommentsClose CommentsPermalink
‘Federal Home Loan Mortgage Corporation (Freddie Mac).CommentsClose CommentsPermalink
‘Federal National Mortgage Corporation (Fannie Mae).CommentsClose CommentsPermalink
‘Geothermal resources development fund (89-0206-0-1-271).CommentsClose CommentsPermalink
‘Low-Rent Public Housing--Loans and Other Expenses (86-4098-0-3-604).CommentsClose CommentsPermalink
‘Maritime Administration, War Risk Insurance Revolving Fund (69-4302-0-3-403).CommentsClose CommentsPermalink
‘Natural Resource Damage Assessment Fund (14-1618-0-1-302).CommentsClose CommentsPermalink
‘Overseas Private Investment Corporation, Noncredit Account (71-4184-0-3-151).CommentsClose CommentsPermalink
‘Pension Benefit Guaranty Corporation Fund (16-4204-0-3-601).CommentsClose CommentsPermalink
‘San Joaquin Restoration Fund (14-5537-0-2-301).CommentsClose CommentsPermalink
‘Servicemembers’ Group Life Insurance Fund (36-4009-0-3-701).CommentsClose CommentsPermalink
‘Terrorism Insurance Program (20-0123-0-1-376).CommentsClose CommentsPermalink
‘(h) Low-income Programs- The following programs shall be exempt from reduction under any order issued under this part:CommentsClose CommentsPermalink
‘Academic Competitiveness/Smart Grant Program (91-0205-0-1-502).CommentsClose CommentsPermalink
‘Child Care Entitlement to States (75-1550-0-1-609).CommentsClose CommentsPermalink
‘Child Enrollment Contingency Fund (75-5551-0-2-551).CommentsClose CommentsPermalink
‘Child Nutrition Programs (with the exception of special milk programs) (12-3539-0-1-605).CommentsClose CommentsPermalink
‘Children’s Health Insurance Fund (75-0515-0-1-551).CommentsClose CommentsPermalink
‘Commodity Supplemental Food Program (12-3507-0-1-605).CommentsClose CommentsPermalink
‘Contingency Fund (75-1522-0-1-609).CommentsClose CommentsPermalink
‘Family Support Programs (75-1501-0-1-609).CommentsClose CommentsPermalink
‘Federal Pell Grants under section 401 Title IV of the Higher Education Act.CommentsClose CommentsPermalink
‘Grants to States for Medicaid (75-0512-0-1-551).CommentsClose CommentsPermalink
‘Payments for Foster Care and Permanency (75-1545-0-1-609).CommentsClose CommentsPermalink
‘Supplemental Nutrition Assistance Program (12-3505-0-1-605).CommentsClose CommentsPermalink
‘Supplemental Security Income Program (28-0406-0-1-609).CommentsClose CommentsPermalink
‘Temporary Assistance for Needy Families (75-1552-0-1-609).’.CommentsClose CommentsPermalink
(d) Economic Recovery Programs- Section 255 of BBEDCA is amended by adding the following after subsection (h):CommentsClose CommentsPermalink
‘(i) Economic Recovery Programs- The following programs shall be exempt from reduction under any order issued under this part:CommentsClose CommentsPermalink
‘All programs enacted in, or increases in programs provided by, the American Recovery and Reinvestment Act of 2009.CommentsClose CommentsPermalink
‘Exchange Stabilization Fund-Money Market Mutual Fund Guaranty Facility (20-4274-0-3-376).CommentsClose CommentsPermalink
‘Financial Stabilization Reserve (20-0131-4-1-376).CommentsClose CommentsPermalink
‘GSE Mortgage-Backed Securities Purchase Program Account (20-0126-0-1-371).CommentsClose CommentsPermalink
‘GSE Preferred Stock Purchase Agreements (20-0125-0-1-371).CommentsClose CommentsPermalink
‘Office of Financial Stability (20-0128-0-1-376).CommentsClose CommentsPermalink
‘Special Inspector General for the Troubled Asset Relief Program (20-0133-0-1-376).CommentsClose CommentsPermalink
‘Troubled Asset Relief Program Account (20-0132-0-1-376).CommentsClose CommentsPermalink
‘Troubled Asset Relief Program Equity Purchase Program (20-0134-0-1-376).CommentsClose CommentsPermalink
‘Troubled Asset Relief Program, Home Affordable Modification Program (20-0136-0-1-604).’.CommentsClose CommentsPermalink
SEC. 1309. EXPIRATION.
This subtitle and the amendments made by this subtitle shall expire September 30, 2014.CommentsClose CommentsPermalink
Subtitle D--Reforming the Budget ProcessCommentsClose CommentsPermalink
Subtitle D--Reforming the Budget ProcessCommentsClose CommentsPermalink
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ‘Biennial Budgeting and Appropriations Act’.CommentsClose CommentsPermalink
SEC. 1402. 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 Eleventh Congress) is as follows:CommentsClose CommentsPermalink
‘First SessionCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
On or before: Action to be completed: CommentsClose CommentsPermalink
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 concurrent resolution on the biennial budget. CommentsClose CommentsPermalink
May 15 Congress completes action on concurrent 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
August 1 Congress completes action on reconciliation legislation. CommentsClose CommentsPermalink
October 1 Biennium begins. CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
‘Second SessionCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
On or before: Action to be completed: CommentsClose CommentsPermalink
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
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
‘(b) Special Rule- In the case of any first session of Congress that begins in any year immediately following a leap year and during which the term of a President (except a President who succeeds himself or herself) begins, the following dates shall supersede those set forth in subsection (a):CommentsClose CommentsPermalink
‘First SessionCommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
On or before: Action to be completed: CommentsClose CommentsPermalink
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 concurrent resolution on the biennial budget. CommentsClose CommentsPermalink
June 1 Congress completes action on concurrent resolution on the biennial budget. CommentsClose CommentsPermalink
July 1 Biennial appropriation bills may be considered in the House. CommentsClose CommentsPermalink
July 20 House completes action on biennial appropriation bills. CommentsClose CommentsPermalink
August 1 Congress completes action on reconciliation legislation. CommentsClose CommentsPermalink
October 1 Biennium begins.’. CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
SEC. 1403. 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 (
‘(11) The term ‘biennium’ means the period of 2 consecutive fiscal years beginning on October 1 of any odd-numbered year.’.CommentsClose CommentsPermalink
(c) Biennial Concurrent Resolution on the Budget-CommentsClose CommentsPermalink
(1) SECTION HEADING- The section heading of section 301 of such Act is amended by striking ‘annual’ and inserting ‘biennial’.CommentsClose CommentsPermalink
(2) 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’; andCommentsClose 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’;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
(3) ADDITIONAL MATTERS- Section 301(b)(3) of such Act (
(4) VIEWS OF OTHER COMMITTEES- Section 301(d) of such Act (
(5) 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 concurrent resolution on the budget referred to in subsection (a) for the biennium beginning on October 1 of that year.’.CommentsClose CommentsPermalink
(6) GOALS FOR REDUCING UNEMPLOYMENT- Section 301(f) of such Act (
(7) ECONOMIC ASSUMPTIONS- Section 301(g)(1) of such Act (
(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)--CommentsClose CommentsPermalink
(A) in paragraph (1), by--CommentsClose CommentsPermalink
(i) striking ‘for the first fiscal year of the resolution,’ and inserting ‘for each fiscal year in the biennium,’;CommentsClose CommentsPermalink
(ii) striking ‘for that period of fiscal years’ and inserting ‘for all fiscal years covered by the resolution’; andCommentsClose CommentsPermalink
(iii) striking ‘for the fiscal year of that resolution’ and inserting ‘for each fiscal year in the biennium’; andCommentsClose CommentsPermalink
(B) in paragraph (5), by striking ‘April 15’ and inserting ‘May 15 or June 1 (under section 300(b))’;CommentsClose CommentsPermalink
(2) in subsection (b), by striking ‘budget year’ and inserting ‘biennium’;CommentsClose CommentsPermalink
(3) in subsection (c) by striking ‘for a fiscal year’ each place it appears and inserting ‘for each fiscal year in the biennium’;CommentsClose CommentsPermalink
(4) in subsection (f)(1), by striking ‘for a fiscal year’ and inserting ‘for a biennium’;CommentsClose CommentsPermalink
(5) in subsection (f)(1), by striking ‘the first fiscal year’ and inserting ‘each fiscal year of the biennium’;CommentsClose CommentsPermalink
(6) in subsection (f)(2)(A), by--CommentsClose CommentsPermalink
(A) striking ‘the 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
(7) in subsection (g)(1)(A), by striking ‘April’ and inserting ‘May’.CommentsClose CommentsPermalink
(e) Section 303 Point of Order-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 303(a) of such Act (
(A) striking ‘the first fiscal year’ and inserting ‘each fiscal year of the biennium’; andCommentsClose CommentsPermalink
(B) striking ‘that fiscal year’ each place it appears and inserting ‘that biennium’.CommentsClose CommentsPermalink
(2) EXCEPTIONS IN THE HOUSE- Section 303(b)(1) of such Act (
(A) in subparagraph (A), by striking ‘the budget year’ and inserting ‘the biennium’; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking ‘the fiscal year’ and inserting ‘the biennium’.CommentsClose CommentsPermalink
(3) APPLICATION TO THE SENATE- Section 303(c)(1) of such Act (
(A) striking ‘fiscal year’ and inserting ‘biennium’; andCommentsClose CommentsPermalink
(B) striking ‘that year’ and inserting ‘each fiscal year of that biennium’.CommentsClose CommentsPermalink
(f) Permissible Revisions of Concurrent Resolutions on the Budget- Section 304(a) of such Act (
(1) by striking ‘fiscal year’ the first two places it appears and inserting ‘biennium’; andCommentsClose CommentsPermalink
(2) by striking ‘for such fiscal year’ and inserting ‘for such biennium’.CommentsClose CommentsPermalink
(g) Procedures for Consideration of Budget Resolutions- Section 305 of such Act (
(1) in subsection (a)(3), by striking ‘fiscal year’ and inserting ‘biennium’; andCommentsClose CommentsPermalink
(2) in subsection (b)(3), by striking ‘fiscal year’ and inserting ‘biennium’.CommentsClose CommentsPermalink
(h) Completion of House Action on Appropriation Bills- Section 307 of such Act (
(1) by striking ‘each year’ and inserting ‘each odd-numbered year’;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) Completion of Action on Regular Appropriation Bills- Section 309 of such Act (
(1) by inserting ‘of any odd-numbered calendar year’ after ‘July’;CommentsClose CommentsPermalink
(2) by striking ‘annual’ and inserting ‘biennial’; andCommentsClose CommentsPermalink
(3) by striking ‘fiscal year’ and inserting ‘biennium’.CommentsClose CommentsPermalink
(j) Reconciliation Process- Section 310(a) of such Act (
(1) in the matter preceding paragraph (1), by striking ‘any fiscal year’ and inserting ‘any biennium’; andCommentsClose CommentsPermalink
(2) in paragraph (1) by striking ‘such fiscal year’ each place it appears and inserting ‘any fiscal year covered by such resolution’.CommentsClose CommentsPermalink
(k) 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
(l) MDA 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 ‘the 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. 1404. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition-
‘(3) ‘biennium’ has the meaning given to such term in paragraph (11) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 (
2 U.S.C. 622(11) ).’.CommentsClose CommentsPermalink
(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 Twelfth Congress, the President shall transmit to the Congress, the budget for the biennium beginning on October 1 of such calendar year. The budget of the United States Government 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) FUNCTIONS AND ACTIVITIES-
(6) ALLOWANCES-
(7) ALLOWANCES FOR UNCONTROLLED EXPENDITURES-
(8) TAX EXPENDITURES-
(9) 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, for’; andCommentsClose CommentsPermalink
(3) by striking ‘for that year’ and inserting ‘for each fiscal 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 after ‘Before July 16 of each year’ the following: ‘and February 15 of each even-numbered 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 ‘fiscal year’ and inserting ‘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’;CommentsClose CommentsPermalink
(B) inserting after ‘Before July 16 of each year’ the following: ‘and February 15 of each even-numbered year’; andCommentsClose CommentsPermalink
(C) striking ‘submitted before July 16’ and inserting ‘required by this subsection’.CommentsClose CommentsPermalink
(g) Current Programs and Activities Estimates-CommentsClose CommentsPermalink
(1) IN GENERAL-
(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. 1405. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATIONS 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(11) of the Congressional Budget and Impoundment Control Act of 1974 (
2 U.S.C. 622(11) ).’.CommentsClose CommentsPermalink
SEC. 1406. MULTIYEAR AUTHORIZATIONS.
(a) In General- Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘AUTHORIZATIONS OF APPROPRIATIONS
‘Sec. 316. (a) Point of Order- It shall not be in order in the House of Representatives or the Senate to consider--CommentsClose CommentsPermalink
‘(1) any bill, joint resolution, amendment, motion, or conference report that authorizes appropriations for a period of less than 2 fiscal years, unless the program, project, or activity for which the appropriations are authorized will require no further appropriations and will be completed or terminated after the appropriations have been expended; andCommentsClose CommentsPermalink
‘(2) in any odd-numbered year, any authorization or revenue bill or joint resolution until Congress completes action on the biennial budget resolution, all regular biennial appropriations bills, and all reconciliation bills.CommentsClose CommentsPermalink
‘(b) Applicability- In the Senate, subsection (a) shall not apply to--CommentsClose CommentsPermalink
‘(1) any measure that is privileged for consideration pursuant to a rule or statute;CommentsClose CommentsPermalink
‘(2) any matter considered in Executive Session; orCommentsClose CommentsPermalink
‘(3) an appropriations measure or reconciliation bill.’.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 315 the following new item:CommentsClose CommentsPermalink
‘Sec. 316. Authorizations of appropriations.’.CommentsClose CommentsPermalink
SEC. 1407. GOVERNMENT PLANS ON A BIENNIAL BASIS.
(a) Strategic Plans-
(1) in subsection (a), by striking ‘September 30, 1997’ and inserting ‘September 30, 2011’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking ‘five years forward’ and inserting ‘6 years forward’;CommentsClose CommentsPermalink
(B) by striking ‘at least every three years’ and inserting ‘at least every 4 years’; andCommentsClose CommentsPermalink
(C) by striking beginning with ‘, except that’ through ‘four years’; 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, 2011 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)--CommentsClose CommentsPermalink
(i) by striking ‘section 1105(a)(29)’ and inserting ‘section 1105(a)(28)’; andCommentsClose CommentsPermalink
(ii) 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 a 2-year period 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 (f) 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 ‘years’;CommentsClose CommentsPermalink
(B) in the second sentence by striking ‘a subsequent year’ and inserting ‘a subsequent 2-year period’; andCommentsClose CommentsPermalink
(C) in the third sentence by striking ‘three’ and inserting ‘4’.CommentsClose CommentsPermalink
(e) Pilot Projects for Performance Budgeting-
(1) in paragraph (1) of subsection (d), by striking ‘annual’ and inserting ‘biennial’; andCommentsClose CommentsPermalink
(2) in subsection (e), by striking ‘annual’ and inserting ‘biennial’.CommentsClose CommentsPermalink
(f) Strategic Plans-
(1) is subsection (a), by striking ‘September 30, 1997’ and inserting ‘September 30, 2011’;CommentsClose CommentsPermalink
(2) by striking ‘five years forward’ and inserting ‘6 years forward’;CommentsClose CommentsPermalink
(3) in subsection (b), by striking ‘at least every three years’ and inserting ‘at least every 4 years’; 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, 2011 meeting the requirements of subsection (a)’.CommentsClose CommentsPermalink
(g) 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 a 2-year period beginning with the first fiscal year of the next biennial budget cycle.’.CommentsClose CommentsPermalink
(h) Committee Views of Plans and Reports- Section 301(d) of the Congressional Budget Act (
(i) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- The amendments made by this section shall take effect on March 1, 2011.CommentsClose CommentsPermalink
(2) AGENCY ACTIONS- Effective on and after the date of enactment of this Act, each agency shall take such actions as necessary to prepare and submit any plan or report in accordance with the amendments made by this Act.CommentsClose CommentsPermalink
SEC. 1408. BIENNIAL APPROPRIATIONS BILLS.
(a) In General- Title III of the Congressional Budget Act of 1974 (
‘CONSIDERATION OF BIENNIAL APPROPRIATIONS BILLS
‘Sec. 317. It shall not be in order in the House of Representatives or the Senate in any odd-numbered year to consider any regular bill providing new budget authority or a limitation on obligations under the jurisdiction of any of the subcommittees of the Committees on Appropriations for only the first fiscal year of a biennium, unless the program, project, or activity for which the new budget authority or obligation limitation is provided will require no additional authority beyond 1 year and will be completed or terminated after the amount provided has been expended.’.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 316 the following new item:CommentsClose CommentsPermalink
‘Sec. 317. Consideration of biennial appropriations bills.’.CommentsClose CommentsPermalink
SEC. 1409. REPORT ON TWO-YEAR FISCAL PERIOD.
Not later than 180 days after the date of enactment of this Act, the Director of OMB shall--CommentsClose CommentsPermalink
(1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a 2-year fiscal period with a biennial budget process based on the 2-year period; andCommentsClose CommentsPermalink
(2) report the findings of the study to the Committees on the Budget of the House of Representatives and the Senate.CommentsClose CommentsPermalink
SEC. 1410. EFFECTIVE DATE.
Except as provided in section 1407, this subtitle and the amendments made by this subtitle shall take effect on January 1, 2011, and shall apply to budget resolutions and appropriations for the biennium beginning with fiscal year 2012.CommentsClose CommentsPermalink
TITLE II--MAKING CONGRESS TIGHTEN ITS BELTCommentsClose CommentsPermalink
TITLE II--MAKING CONGRESS TIGHTEN ITS BELTCommentsClose CommentsPermalink
SEC. 2001. ENDING AUTOMATIC PAY RAISES FOR MEMBERS OF CONGRESS.
(a) In General- Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (
(b) Technical and Conforming Amendments- Section 601(a)(1) of such Act is amended--CommentsClose CommentsPermalink
(1) by striking ‘(a)(1)’ and inserting ‘(a)’;CommentsClose CommentsPermalink
(2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; andCommentsClose CommentsPermalink
(3) by striking ‘as adjusted by paragraph (2) of this subsection’ and inserting ‘adjusted as provided by law’.CommentsClose CommentsPermalink
SEC. 2002. CUTTING SPENDING ON CONGRESSIONAL OFFICES.
(a) Senators’ Official Personnel and Office Expense Account- Of the amounts appropriated under the heading ‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT’ under the heading ‘Contingent Expenses of the Senate’ under title I of the Legislative Branch Appropriations Act, 2010, $21,100,000 are rescinded.CommentsClose CommentsPermalink
(b) Members’ Clerk Hire, Official Expenses of Members, and Official Mail- Of the amounts appropriated under the heading ‘INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF MEMBERS, AND OFFICIAL MAIL’ under the heading ‘Members’ Representational Allowances’ under title I of the Legislative Branch Appropriations Act, 2010, $33,000,000 are rescinded.CommentsClose CommentsPermalink
SEC. 2003. IMPROVING SENATE EFFICIENCY AND TRANSPARENCY.
Section 302(g) of the Federal Election Campaign Act of 1971 (
‘(g) FILING WITH THE COMMISSION- All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.’.CommentsClose CommentsPermalink
TITLE III--ENDING CORPORATE WELFARECommentsClose CommentsPermalink
TITLE III--ENDING CORPORATE WELFARECommentsClose CommentsPermalink
SEC. 3001. ENDING THE WALL STREET BAIL-OUT.
Notwithstanding paragraph (3) of section 115(a) of the Emergency Economic Stabilization Act of 2008 (
SEC. 3002. ENDING SUBSIDIES FOR PRIVATE STUDENT LOAN COMPANIES.
(a) Short Title- This section may be cited as the ‘Student Loan Reform Act’.CommentsClose CommentsPermalink
(b) References- Except as otherwise expressly provided, whenever in this section an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (
(c) Federal Family Education Loan Appropriations- Section 421 (
(1) in subsection (b), in the matter following paragraph (6), by inserting ‘, except that no sums may be expended after June 30, 2010, with respect to loans under this part for which the first disbursement would be made after such date’ after ‘expended’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(d) Termination of Authority To Make or Insure New Loans- Notwithstanding paragraphs (1) through (6) of subsection (b) or any other provision of law--CommentsClose CommentsPermalink
‘(1) no new loans (including consolidation loans) may be made or insured under this part after June 30, 2010; andCommentsClose CommentsPermalink
‘(2) no funds are authorized to be appropriated, or may be expended, under this Act or any other Act to make or insure loans under this part (including consolidation loans) for which the first disbursement would be made after June 30, 2010,CommentsClose CommentsPermalink
except as expressly authorized by an Act of Congress enacted after the date of enactment of the Student Loan Reform Act.’.CommentsClose CommentsPermalink
(d) Scope and Duration of Federal Loan Insurance Program- Section 424(a) (
(e) Applicable Interest Rates- Section 427A(l) (
(1) in paragraph (1), by inserting ‘and before July 1, 2010,’ after ‘July 1, 2006,’;CommentsClose CommentsPermalink
(2) in paragraph (2), by inserting ‘and before July 1, 2010,’ after ‘July 1, 2006,’;CommentsClose CommentsPermalink
(3) in paragraph (3), by inserting ‘and that was disbursed before July 1, 2010,’ after ‘July 1, 2006,’; andCommentsClose CommentsPermalink
(4) in paragraph (4)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking ‘July 1, 2012’ and inserting ‘July 1, 2010’; andCommentsClose CommentsPermalink
(B) by repealing subparagraphs (D) and (E).CommentsClose CommentsPermalink
(f) Federal Payments To Reduce Student Interest Costs-CommentsClose CommentsPermalink
(1) HIGHER EDUCATION ACT OF 1965- Section 428 (
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘for which the first disbursement is made before July 1, 2010, and’ after ‘eligible institution’; andCommentsClose CommentsPermalink
(ii) in paragraph (5), by striking ‘September 30, 2014,’ and all that follows through the period and inserting ‘June 30, 2010.’;CommentsClose CommentsPermalink
(B) in subsection (b)(1)--CommentsClose CommentsPermalink
(i) in subparagraph (G)(ii), by inserting ‘and before July 1, 2010,’ after ‘July 1, 2006,’; andCommentsClose CommentsPermalink
(ii) in subparagraph (H)(ii), by inserting ‘and that are first disbursed before July 1, 2010,’ after ‘July 1, 2006,’;CommentsClose CommentsPermalink
(C) in subsection (f)(1)(A)(ii)--CommentsClose CommentsPermalink
(i) by striking ‘during fiscal years beginning’; andCommentsClose CommentsPermalink
(ii) by inserting ‘and first disbursed before July 1, 2010,’ after ‘October 1, 2003,’; andCommentsClose CommentsPermalink
(D) in subsection (j)(1), by inserting ‘, before July 1, 2010,’ after ‘section 435(d)(1)(D) of this Act shall’.CommentsClose CommentsPermalink
(2) COLLEGE COST REDUCTION AND ACCESS ACT- Section 303 of the College Cost Reduction and Access Act (
(g) Federal PLUS Loans- Section 428B(a)(1) (
(h) Federal Consolidation Loan-CommentsClose CommentsPermalink
(1) AMENDMENTS- Section 428C (
(A) in subsection (a)(4)(A), by inserting ‘, and first disbursed before July 1, 2010’ after ‘under this part’;CommentsClose CommentsPermalink
(B) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (1)(E), by inserting before the semicolon ‘, and before July 1, 2010’; andCommentsClose CommentsPermalink
(ii) in paragraph (5), by striking ‘In the event that’ and inserting ‘If, before July 1, 2010,’;CommentsClose CommentsPermalink
(C) in subsection (c)(1)--CommentsClose CommentsPermalink
(i) in subparagraph (A)(ii), by inserting ‘and that is disbursed before July 1, 2010,’ after ‘2006,’; andCommentsClose CommentsPermalink
(ii) in subparagraph (C), by inserting ‘and first disbursed before July 1, 2010,’ after ‘1994,’; andCommentsClose CommentsPermalink
(D) in subsection (e), by striking ‘September 30, 2014.’ and inserting ‘June 30, 2010. No loan may be made under this section for which the first disbursement would be on or after July 1, 2010.’.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1)(A) shall be effective at the close of June 30, 2010.CommentsClose CommentsPermalink
(i) Unsubsidized Stafford Loans for Middle-Income Borrowers- Section 428H (
(1) in subsection (a), by inserting ‘that are first disbursed before July 1, 2010,’ after ‘under this part’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking ‘Any student’ and inserting ‘Prior to July 1, 2010, any student’; andCommentsClose CommentsPermalink
(B) by inserting ‘for which the first disbursement is made before such date’ after ‘unsubsidized Federal Stafford Loan’; andCommentsClose CommentsPermalink
(3) in subsection (h), by inserting ‘and that are first disbursed before July 1, 2010,’ after ‘July 1, 2006,’.CommentsClose CommentsPermalink
(j) Loan Repayment for Civil Legal Assistance Attorneys- Section 428L(b)(2)(A) (
(1) by amending clause (i) to read as follows:CommentsClose CommentsPermalink
‘(i) subject to clause (ii)--CommentsClose CommentsPermalink
‘(I) a loan made, insured, or guaranteed under this part, and that is first disbursed before July 1, 2010; orCommentsClose CommentsPermalink
‘(II) a loan made under part D or part E; and’; andCommentsClose CommentsPermalink
(2) in clause (ii)--CommentsClose CommentsPermalink
(A) by striking ‘428C or 455(g)’ and inserting ‘428C that is disbursed before July 1, 2010, or section 455(g)’; andCommentsClose CommentsPermalink
(B) in subclause (II), by inserting ‘for which the first disbursement is made before July 1, 2010’ after ‘or 428H’.CommentsClose CommentsPermalink
(k) Special Allowances- Section 438 (
(1) in subsection (b)(2)(I)--CommentsClose CommentsPermalink
(A) in the header, by inserting ‘, AND BEFORE JULY 1, 2010’ after ‘2000’;CommentsClose CommentsPermalink
(B) in clause (i), by inserting ‘and before July 1, 2010,’ after ‘2000,’;CommentsClose CommentsPermalink
(C) in clause (ii)(II), by inserting ‘and before July 1, 2010,’ after ‘2006,’;CommentsClose CommentsPermalink
(D) in clause (iii), by inserting ‘and before July 1, 2010,’ after ‘2000,’;CommentsClose CommentsPermalink
(E) in clause (iv), by inserting ‘and that is disbursed before July 1, 2010,’ after ‘2000,’;CommentsClose CommentsPermalink
(F) in clause (v)(I), by inserting ‘and before July 1, 2010,’ after ‘2006,’; andCommentsClose CommentsPermalink
(G) in clause (vi)--CommentsClose CommentsPermalink
(i) in the header, by inserting ‘, AND BEFORE JULY 1, 2010’ after ‘2007’; andCommentsClose CommentsPermalink
(ii) in the matter preceding subclause (I), by inserting ‘and before July 1, 2010,’ after ‘2007,’;CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (2)(B)--CommentsClose CommentsPermalink
(i) in clause (iii), by inserting ‘and’ after the semicolon;CommentsClose CommentsPermalink
(ii) in clause (iv), by striking ‘; and’ and inserting a period; andCommentsClose CommentsPermalink
(iii) by striking clause (v); andCommentsClose CommentsPermalink
(B) in paragraph (6), by inserting ‘and first disbursed before July 1, 2010,’ after ‘1992,’; andCommentsClose CommentsPermalink
(3) in subsection (d)(2)(B), by inserting ‘, and before July 1, 2010’ after ‘2007’.CommentsClose CommentsPermalink
(l) Revised Special Allowance Calculation-CommentsClose CommentsPermalink
(1) REVISED CALCULATION RULE- Section 438(b)(2)(I) of the Higher Education Act of 1965 (
‘(vii) REVISED CALCULATION RULE TO REFLECT FINANCIAL MARKET CONDITIONS-CommentsClose CommentsPermalink
‘(I) CALCULATION BASED ON LIBOR- For the calendar quarter beginning on October 1, 2009, and each subsequent calendar quarter, in computing the special allowance paid pursuant to this subsection with respect to loans described in subclause (II), clause (i)(I) of this subparagraph shall be applied by substituting ‘of the 1-month London Inter Bank Offered Rate (LIBOR) for United States dollars in effect for each of the days in such quarter as compiled and released by the British Bankers Association’ for ‘of the quotes of the 3-month commercial paper (financial) rates in effect for each of the days in such quarter as reported by the Federal Reserve in Publication H-15 (or its successor) for such 3-month period’.CommentsClose CommentsPermalink
‘(II) LOANS ELIGIBLE FOR LIBOR-BASED CALCULATION- The special allowance paid pursuant to this subsection shall be calculated as described in subclause (I) with respect to special allowance payments for the 3-month period ending December 31, 2009, and each succeeding 3-month period, on loans for which the first disbursement is made--CommentsClose CommentsPermalink
‘(aa) on or after the date of enactment of the Student Loan Reform Act, and before July 1, 2010; orCommentsClose CommentsPermalink
‘(bb) on or after January 1, 2000, and before the date of enactment of the Student Loan Reform Act, if, not later than the last day of the second full fiscal quarter after the date of enactment of such Act, the holder of the loan (or, if the holder acts as eligible lender trustee for the beneficial owner of the loan, the beneficial owner of the loan), affirmatively and permanently waives all contractual, statutory or other legal rights to a special allowance paid pursuant to this subsection that is calculated using the formula in effect at the time the loans were first disbursed.CommentsClose CommentsPermalink
‘(III) TERMS OF WAIVER-CommentsClose CommentsPermalink
‘(aa) IN GENERAL- A waiver pursuant to subclause (II)(bb) shall be in a form (printed or electronic) prescribed by the Secretary, and shall be applicable to--CommentsClose CommentsPermalink
‘(AA) all loans described in such subclause that the lender holds solely in its own right under any lender identification number associated with the holder (pursuant to section 487B);CommentsClose CommentsPermalink
‘(BB) all loans described in such subclause for which the beneficial owner has the authority to make an election of a waiver under such subclause, regardless of the lender identification number associated with the loan or the lender that holds the loan as eligible lender trustee on behalf of such beneficial owner; andCommentsClose CommentsPermalink
‘(CC) all future calculations of the special allowance on loans that, on the date of such waiver, are loans described in subitem (AA) or (BB), or that, after such date, become loans described in subitem (AA) or (BB).CommentsClose CommentsPermalink
‘(bb) EXCEPTIONS- Any waiver pursuant to subclause (II)(bb) that is elected for loans described in subitem (AA) or (BB) of item (aa) shall not apply to any loan described in such subitem for which the lender or beneficial owner of the loan demonstrates to the satisfaction of the Secretary that--CommentsClose CommentsPermalink
‘(AA) in accordance with an agreement entered into before the date of enactment of the Student Loan Reform Act by which such lender or owner is governed and that applies to such loans, such lender or owner is not legally permitted to make an election of such waiver with respect to such loans without the approval of one or more third parties with an interest in the loans, and that the lender or owner followed all available options under such agreement to obtain such approval, and was unable to do so; orCommentsClose CommentsPermalink
‘(BB) such lender or beneficial owner presented the proposal of electing such a waiver applicable to such loans associated with an obligation rated by a nationally recognized statistical rating organization (as defined in section 3(a)(62) of the Securities Exchange Act of 1934), and such rating organization provided a written opinion that the agency would downgrade the rating applicable to such obligation if the lender or owner elected such a waiver.CommentsClose CommentsPermalink
‘(IV) Participant’S YIELD- For the calendar quarter beginning on October 1, 2009, and each subsequent calendar quarter, the Secretary’s participant yield in any loan in which the Secretary has purchased a participation interest and for which the first disbursement is made on or after January 1, 2000, and before October 1, 2009, shall be determined by using the LIBOR-based rate described in subclause (I) as the substitute rate (for the commercial paper rate) referred to in the participation agreement between the Secretary and such lender.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 438(b)(2)(I) (
20 U.S.C. 1087-1(b)(2)(I) ) is further amended--CommentsClose CommentsPermalink
(A) in clause (i)(II), by striking ‘such average bond equivalent rate’ and inserting ‘the rate determined under subclause (I)’; andCommentsClose CommentsPermalink
(B) in clause (v)(III) by striking ‘(iv), and (vi)’ and inserting ‘(iv), (vi), and (vii)’.CommentsClose CommentsPermalink
(m) Origination of Direct Loans at Institutions Located Outside the United States-CommentsClose CommentsPermalink
(1) LOANS FOR STUDENTS ATTENDING INSTITUTIONS LOCATED OUTSIDE THE UNITED STATES- Section 452 (
20 U.S.C. 1087b ) is amended by adding at the end the following:CommentsClose CommentsPermalink‘(d) Institutions Located Outside the United States- Loan funds for students (and parents of students) attending institutions located outside the United States shall be disbursed through a financial institution located in the United States and designated by the Secretary to serve as the agent of such institutions with respect to the receipt of the disbursements of such loan funds and the transfer of such funds to such institutions. To be eligible to receive funds under this part, an otherwise eligible institution located outside the United States shall make arrangements, subject to regulations by the Secretary, with the agent designated by the Secretary under this subsection to receive funds under this part.’.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) AMENDMENTS- Section 102 (
20 U.S.C. 1002 ), as amended by section 102 of the Higher Education Opportunity Act (Public Law 110-315 ) and section 101 ofPublic Law 111-39 , is amended--CommentsClose CommentsPermalink
(i) by striking ‘part B’ each place it appears and inserting ‘part D’;CommentsClose CommentsPermalink
(ii) in subsection (a)(1)(C), by inserting ‘, consistent with the requirements of section 452(d)’ before the period at the end; andCommentsClose CommentsPermalink
(iii) in subsection (a)(2)(A)--CommentsClose CommentsPermalink
(I) in the matter preceding clause (i), by striking ‘made, insured, or guaranteed’ and inserting ‘made’; andCommentsClose CommentsPermalink
(II) in clause (iii)--CommentsClose CommentsPermalink
(aa) in subclause (III), by striking ‘only Federal Stafford’ and all that follows through ‘section 428B’ and inserting ‘only Federal Direct Stafford Loans under section 455(a)(2)(A), Federal Direct Unsubsidized Stafford Loans under section 455(a)(2)(D), or Federal Direct PLUS Loans under section 455(a)(2)(B)’; andCommentsClose CommentsPermalink
(bb) in subclause (V), by striking ‘a Federal Stafford’ and all that follows through ‘section 428B’ and inserting ‘a Federal Direct Stafford Loan under section 455(a)(2)(A), a Federal Direct Unsubsidized Stafford Loan under section 455(a)(2)(D), or a Federal Direct PLUS Loan under section 455(a)(2)(B)’.CommentsClose CommentsPermalink
(B) EFFECTIVE DATE- The amendments made by subparagraph (A)(iii) shall be effective as if enacted as part of section 102(a)(1) of the Higher Education Opportunity Act, in accordance with section 102(e) of such Act, as amended by section 101(a)(2) of
(n) Agreements With Institutions- Section 454 (
(1) in subsection (a), by striking paragraph (4) and redesignating the succeeding paragraphs accordingly; andCommentsClose CommentsPermalink
(2) in subsection (b)(2), by striking ‘(5), (6), and (7)’ and inserting ‘(5), and (6)’.CommentsClose CommentsPermalink
(o) Terms and Conditions of Loans-CommentsClose CommentsPermalink
(1) AMENDMENTS- Section 455 (
(A) in subsection (a)(1), by inserting ‘, and first disbursed on June 30, 2010,’ before ‘under sections 428’; andCommentsClose CommentsPermalink
(B) in subsection (g)--CommentsClose CommentsPermalink
(i) by inserting ‘, including any loan made under part B and first disbursed before July 1, 2010’ after ‘section 428C(a)(4)’; andCommentsClose CommentsPermalink
(ii) by striking the third sentence.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by subsection (a)(1) shall apply with respect to loans first disbursed under part D of title IV of the Higher Education Act of 1965 (
(p) Technical Assistance to Institutions of Higher Education- Section 458(a) (
(1) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink
(2) by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink
‘(5) TECHNICAL ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION-CommentsClose CommentsPermalink
‘(A) PROVISION OF ASSISTANCE- The Secretary shall provide institutions of higher education participating, or seeking to participate, in the loan programs under this part with technical assistance in establishing and administering such programs, including assistance for an institution of higher education during such institution’s transition into such programs. Such assistance may include technical support, training for personnel, customized assistance to individual institutions of higher education, development of informational materials, and other services the Secretary determines to be appropriate.CommentsClose CommentsPermalink
‘(B) FUNDS- There are authorized to be appropriated, and there are appropriated, to carry out this paragraph (in addition to any other amounts appropriated to carry out this subparagraph and out of any money in the Treasury not otherwise appropriated), $50,000,000 for fiscal year 2010.’.CommentsClose CommentsPermalink
(q) Outreach Efforts-CommentsClose CommentsPermalink
(1) OUTREACH ACTIVITIES REQUIRED- The Secretary of Education shall conduct outreach activities in accordance with this section to inform and educate students and their families about the transition to Federal Direct lending under the amendments made by this section to title IV of the Higher Education Act of 1965.CommentsClose CommentsPermalink
(2) REQUIRED COMPONENTS OF OUTREACH- The Secretary shall provide for the broad dissemination of information on such amendments and shall--CommentsClose CommentsPermalink
(A) operate and maintain an Internet website through which individuals may obtain information on changes made to the Federal Family Education Loan programs and the Federal Direct Loan programs;CommentsClose CommentsPermalink
(B) develop and disseminate information to high school seniors and their parents concerning student loans and student aid;CommentsClose CommentsPermalink
(C) provide assistance to institutions of higher education to educate students on the repayment of Federal Direct loans; andCommentsClose CommentsPermalink
(D) ensure that all outreach efforts are developed using plain language and are culturally- and language-appropriate.CommentsClose CommentsPermalink
(3) USE OF OTHER ENTITIES- In carrying out this subsection, the Secretary may work with other appropriate entities to facilitate the dissemination of information under this section and to provide assistance as described in this section.CommentsClose CommentsPermalink
SEC. 3003. BRINGING DOWN PRICES FOR PRESCRIPTION DRUGS BY PERMITTING DRUG REIMPORTATION.
(a) Short Title- This section may be cited as the ‘Pharmaceutical Market Access and Drug Safety Act of 2009’.CommentsClose CommentsPermalink
(b) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) Americans unjustly pay up to 5 times more to fill their prescriptions than consumers in other countries;CommentsClose CommentsPermalink
(2) the United States is the largest market for pharmaceuticals in the world, yet American consumers pay the highest prices for brand pharmaceuticals in the world;CommentsClose CommentsPermalink
(3) a prescription drug is neither safe nor effective to an individual who cannot afford it;CommentsClose CommentsPermalink
(4) allowing and structuring the importation of prescription drugs to ensure access to safe and affordable drugs approved by the Food and Drug Administration will provide a level of safety to American consumers that they do not currently enjoy;CommentsClose CommentsPermalink
(5) American spend more than $200,000,000,000 on prescription drugs every year;CommentsClose CommentsPermalink
(6) the Congressional Budget Office has found that the cost of prescription drugs are between 35 to 55 percent less in other highly developed countries than in the United States; andCommentsClose CommentsPermalink
(7) promoting competitive market pricing would both contribute to health care savings and allow greater access to therapy, improving health and saving lives.CommentsClose CommentsPermalink
(c) Repeal of Certain Section Regarding Importation of Prescription Drugs- Chapter VIII of the Federal Food, Drug, and Cosmetic Act (
(d) Importation of Prescription Drugs; Waiver of Certain Import Restrictions-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter VIII of the Federal Food, Drug, and Cosmetic Act (
‘SEC. 804. COMMERCIAL AND PERSONAL IMPORTATION OF PRESCRIPTION DRUGS.
‘(a) Importation of Prescription Drugs-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In the case of qualifying drugs imported or offered for import into the United States from registered exporters or by registered importers--CommentsClose CommentsPermalink
‘(A) the limitation on importation that is established in section 801(d)(1) is waived; andCommentsClose CommentsPermalink
‘(B) the standards referred to in section 801(a) regarding admission of the drugs are subject to subsection (g) of this section (including with respect to qualifying drugs to which section 801(d)(1) does not apply).CommentsClose CommentsPermalink
‘(2) IMPORTERS- A qualifying drug may not be imported under paragraph (1) unless--CommentsClose CommentsPermalink
‘(A) the drug is imported by a pharmacy, group of pharmacies, or a wholesaler that is a registered importer; orCommentsClose CommentsPermalink
‘(B) the drug is imported by an individual for personal use or for the use of a family member of the individual (not for resale) from a registered exporter.CommentsClose CommentsPermalink
‘(3) RULE OF CONSTRUCTION- This section shall apply only with respect to a drug that is imported or offered for import into the United States--CommentsClose CommentsPermalink
‘(A) by a registered importer; orCommentsClose CommentsPermalink
‘(B) from a registered exporter to an individual.CommentsClose CommentsPermalink
‘(4) DEFINITIONS-CommentsClose CommentsPermalink
‘(A) REGISTERED EXPORTER; REGISTERED IMPORTER- For purposes of this section:CommentsClose CommentsPermalink
‘(i) The term ‘registered exporter’ means an exporter for which a registration under subsection (b) has been approved and is in effect.CommentsClose CommentsPermalink
‘(ii) The term ‘registered importer’ means a pharmacy, group of pharmacies, or a wholesaler for which a registration under subsection (b) has been approved and is in effect.CommentsClose CommentsPermalink
‘(iii) The term ‘registration condition’ means a condition that must exist for a registration under subsection (b) to be approved.CommentsClose CommentsPermalink
‘(B) QUALIFYING DRUG- For purposes of this section, the term ‘qualifying drug’ means a drug for which there is a corresponding U.S. label drug.CommentsClose CommentsPermalink
‘(C) U.S. LABEL DRUG- For purposes of this section, the term ‘U.S. label drug’ means a prescription drug that--CommentsClose CommentsPermalink
‘(i) with respect to a qualifying drug, has the same active ingredient or ingredients, route of administration, dosage form, and strength as the qualifying drug;CommentsClose CommentsPermalink
‘(ii) with respect to the qualifying drug, is manufactured by or for the person that manufactures the qualifying drug;CommentsClose CommentsPermalink
‘(iii) is approved under section 505(c); andCommentsClose CommentsPermalink
‘(iv) is not--CommentsClose CommentsPermalink
‘(I) a controlled substance, as defined in section 102 of the Controlled Substances Act (
21 U.S.C. 802 );CommentsClose CommentsPermalink‘(II) a biological product, as defined in section 351 of the Public Health Service Act (
42 U.S.C. 262 ), including--CommentsClose CommentsPermalink‘(aa) a therapeutic DNA plasmid product;CommentsClose CommentsPermalink
‘(bb) a therapeutic synthetic peptide product;CommentsClose CommentsPermalink
‘(cc) a monoclonal antibody product for in vivo use; andCommentsClose CommentsPermalink
‘(dd) a therapeutic recombinant DNA-derived product;CommentsClose CommentsPermalink
‘(III) an infused drug, including a peritoneal dialysis solution;CommentsClose CommentsPermalink
‘(IV) an injected drug;CommentsClose CommentsPermalink
‘(V) a drug that is inhaled during surgery;CommentsClose CommentsPermalink
‘(VI) a drug that is the listed drug referred to in 2 or more abbreviated new drug applications under which the drug is commercially marketed; orCommentsClose CommentsPermalink
‘(VII) a sterile opthlamic drug intended for topical use on or in the eye.CommentsClose CommentsPermalink
‘(D) OTHER DEFINITIONS- For purposes of this section:CommentsClose CommentsPermalink
‘(i)(I) The term ‘exporter’ means a person that is in the business of exporting a drug to individuals in the United States from Canada or from a permitted country designated by the Secretary under subclause (II), or that, pursuant to submitting a registration under subsection (b), seeks to be in such business.CommentsClose CommentsPermalink
‘(II) The Secretary shall designate a permitted country under subparagraph (E) (other than Canada) as a country from which an exporter may export a drug to individuals in the United States if the Secretary determines that--CommentsClose CommentsPermalink
‘(aa) the country has statutory or regulatory standards that are equivalent to the standards in the United States and Canada with respect to--CommentsClose CommentsPermalink
‘(AA) the training of pharmacists;CommentsClose CommentsPermalink
‘(BB) the practice of pharmacy; andCommentsClose CommentsPermalink
‘(CC) the protection of the privacy of personal medical information; andCommentsClose CommentsPermalink
‘(bb) the importation of drugs to individuals in the United States from the country will not adversely affect public health.CommentsClose CommentsPermalink
‘(ii) The term ‘importer’ means a pharmacy, a group of pharmacies, or a wholesaler that is in the business of importing a drug into the United States or that, pursuant to submitting a registration under subsection (b), seeks to be in such business.CommentsClose CommentsPermalink
‘(iii) The term ‘pharmacist’ means a person licensed by a State to practice pharmacy, including the dispensing and selling of prescription drugs.CommentsClose CommentsPermalink
‘(iv) The term ‘pharmacy’ means a person that--CommentsClose CommentsPermalink
‘(I) is licensed by a State to engage in the business of selling prescription drugs at retail; andCommentsClose CommentsPermalink
‘(II) employs 1 or more pharmacists.CommentsClose CommentsPermalink
‘(v) The term ‘prescription drug’ means a drug that is described in section 503(b)(1).CommentsClose CommentsPermalink
‘(vi) The term ‘wholesaler’--CommentsClose CommentsPermalink
‘(I) means a person licensed as a wholesaler or distributor of prescription drugs in the United States under section 503(e)(2)(A); andCommentsClose CommentsPermalink
‘(II) does not include a person authorized to import drugs under section 801(d)(1).CommentsClose CommentsPermalink
‘(E) PERMITTED COUNTRY- The term ‘permitted country’ means--CommentsClose CommentsPermalink
‘(i) Australia;CommentsClose CommentsPermalink
‘(ii) Canada;CommentsClose CommentsPermalink
‘(iii) a member country of the European Union, but does not include a member country with respect to which--CommentsClose CommentsPermalink
‘(I) the country’s Annex to the Treaty of Accession to the European Union 2003 includes a transitional measure for the regulation of human pharmaceutical products that has not expired; orCommentsClose CommentsPermalink
‘(II) the Secretary determines that the requirements described in subclauses (I) and (II) of clause (vii) will not be met by the date on which such transitional measure for the regulation of human pharmaceutical products expires;CommentsClose CommentsPermalink
‘(iv) Japan;CommentsClose CommentsPermalink
‘(v) New Zealand;CommentsClose CommentsPermalink
‘(vi) Switzerland; andCommentsClose CommentsPermalink
‘(vii) a country in which the Secretary determines the following requirements are met:CommentsClose CommentsPermalink
‘(I) The country has statutory or regulatory requirements--CommentsClose CommentsPermalink
‘(aa) that require the review of drugs for safety and effectiveness by an entity of the government of the country;CommentsClose CommentsPermalink
‘(bb) that authorize the approval of only those drugs that have been determined to be safe and effective by experts employed by or acting on behalf of such entity and qualified by scientific training and experience to evaluate the safety and effectiveness of drugs on the basis of adequate and well-controlled investigations, including clinical investigations, conducted by experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs;CommentsClose CommentsPermalink
‘(cc) that require the methods used in, and the facilities and controls used for the manufacture, processing, and packing of drugs in the country to be adequate to preserve their identity, quality, purity, and strength;CommentsClose CommentsPermalink
‘(dd) for the reporting of adverse reactions to drugs and procedures to withdraw approval and remove drugs found not to be safe or effective; andCommentsClose CommentsPermalink
‘(ee) that require the labeling and promotion of drugs to be in accordance with the approval of the drug.CommentsClose CommentsPermalink
‘(II) The valid marketing authorization system in the country is equivalent to the systems in the countries described in clauses (i) through (vi).CommentsClose CommentsPermalink
‘(III) The importation of drugs to the United States from the country will not adversely affect public health.CommentsClose CommentsPermalink
‘(b) Registration of Importers and Exporters-CommentsClose CommentsPermalink
‘(1) REGISTRATION OF IMPORTERS AND EXPORTERS- A registration condition is that the importer or exporter involved (referred to in this subsection as a ‘registrant’) submits to the Secretary a registration containing the following:CommentsClose CommentsPermalink
‘(A)(i) In the case of an exporter, the name of the exporter and an identification of all places of business of the exporter that relate to qualifying drugs, including each warehouse or other facility owned or controlled by, or operated for, the exporter.CommentsClose CommentsPermalink
‘(ii) In the case of an importer, the name of the importer and an identification of the places of business of the importer at which the importer initially receives a qualifying drug after importation (which shall not exceed 3 places of business except by permission of the Secretary).CommentsClose CommentsPermalink
‘(B) Such information as the Secretary determines to be necessary to demonstrate that the registrant is in compliance with registration conditions under--CommentsClose CommentsPermalink
‘(i) in the case of an importer, subsections (c), (d), (e), (g), and (j) (relating to the sources of imported qualifying drugs; the inspection of facilities of the importer; the payment of fees; compliance with the standards referred to in section 801(a); and maintenance of records and samples); orCommentsClose CommentsPermalink
‘(ii) in the case of an exporter, subsections (c), (d), (f), (g), (h), (i), and (j) (relating to the sources of exported qualifying drugs; the inspection of facilities of the exporter and the marking of compliant shipments; the payment of fees; and compliance with the standards referred to in section 801(a); being licensed as a pharmacist; conditions for individual importation; and maintenance of records and samples).CommentsClose CommentsPermalink
‘(C) An agreement by the registrant that the registrant will not under subsection (a) import or export any drug that is not a qualifying drug.CommentsClose CommentsPermalink
‘(D) An agreement by the registrant to--CommentsClose CommentsPermalink
‘(i) notify the Secretary of a recall or withdrawal of a qualifying drug distributed in a permitted country that the registrant has exported or imported, or intends to export or import, to the United States under subsection (a);CommentsClose CommentsPermalink
‘(ii) provide for the return to the registrant of such drug; andCommentsClose CommentsPermalink
‘(iii) cease, or not begin, the exportation or importation of such drug unless the Secretary has notified the registrant that exportation or importation of such drug may proceed.CommentsClose CommentsPermalink
‘(E) An agreement by the registrant to ensure and monitor compliance with each r

U.S. Congress - Text of S.1808 as Introduced in Senate Control Spending Now Act

