[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3964 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3964
To reform Federal budget procedures, to impose spending and deficit
limits, to provide for a sustainable fiscal future, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2009
Mr. Hensarling (for himself, Mr. Ryan of Wisconsin, Mr. Garrett of New
Jersey, Mr. Campbell, Mr. Jordan of Ohio, Mrs. Lummis, Mr. Latta, Mr.
Barton of Texas, Mr. Bishop of Utah, Mrs. Blackburn, Mr. Brady of
Texas, Mr. Broun of Georgia, Mr. Cole, Mr. Franks of Arizona, Mr.
Herger, Mr. Lamborn, Mr. Luetkemeyer, Mr. Marchant, Mr. Neugebauer, Mr.
Pitts, and Mr. Shadegg) introduced the following bill; which was
referred to the Committee on the Budget, and in addition to the
Committees on Rules, Appropriations, Oversight and Government Reform,
and Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reform Federal budget procedures, to impose spending and deficit
limits, to provide for a sustainable fiscal future, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Spending, Deficit,
and Debt Control Act of 2009''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Effective date.
TITLE I--A BINDING FEDERAL BUDGET
Sec. 100. Short title.
Subtitle A--Joint Budget Resolution
Sec. 101. Purposes.
Sec. 102. Timetable.
Sec. 103. Joint resolution on the budget.
Sec. 104. Budget required before spending bills may be considered.
Sec. 105. Amendments to joint resolutions on the budget.
Subtitle B--Budgeting for Emergencies
Sec. 111. Repeal of adjustments for emergencies.
Sec. 112. Emergency criteria.
Sec. 113. Development of guidelines for application of emergency
definition.
Sec. 114. Reserve fund for emergencies in President's budget.
Sec. 115. Adjustments and reserve rund for emergencies in joint budget
resolutions.
Sec. 116. Application of section 306 to emergencies in excess of
amounts in reserve fund.
Sec. 117. Up-to-date tabulations.
Sec. 118. Prohibition on amendments to the emergency reserve fund.
Subtitle C--Biennial Budget
Sec. 121. Effective date.
Sec. 122. Revision of timetable.
Sec. 123. Amendments to the Congressional Budget and Impoundment
Control Act of 1974.
Sec. 124. Amendments to Rules of the House of Representatives.
Sec. 125. Two-year appropriations; title and style of appropriation
Acts.
Sec. 126. Multiyear authorizations.
Sec. 127. Government strategic and performance plans on a biennial
basis.
Sec. 128. Biennial appropriation bills.
Sec. 129. Assistance by Federal agencies to standing committees of the
Senate and the House of Representatives.
Subtitle D--Prevention of Government Shutdown
Sec. 131. Amendment to Title 31.
Subtitle E--The Baseline
Sec. 141. Elimination of inflation adjustment.
Sec. 142. The President's budget.
Sec. 143. The congressional budget.
Sec. 144. Congressional Budget Office reports to committees.
Sec. 145. Treatment of emergencies.
TITLE II--SPENDING LIMITS AND DEFICIT CONTROL
Sec. 200. Short title.
Subtitle A--Spending Limits and Deficit Control
Sec. 201. Discretionary spending limits.
Sec. 202. Direct spending limits.
Sec. 203. Total spending limits.
Sec. 204. Deficit limits.
Subtitle B--Reports and Orders
Sec. 211. Reports and orders.
Sec. 212. Spending and deficit limits enforcement.
Sec. 213. Spending reduction orders.
TITLE III--LONG-TERM BUDGETING
Sec. 300. Short title; purposes.
Sec. 301. CBO and OMB projections.
Sec. 302. GAO and OMB statements of the Federal Government's financial
condition.
Sec. 303. Five-year Fiscal Sustainability Review.
Sec. 304. Long-term reconciliation.
Sec. 305. Long-term spending increase point of order.
TITLE IV--SPENDING REFORM
Subtitle A--Federal Program Sunset
Sec. 400. Short title.
Sec. 401. Review and abolishment of Federal agencies.
Sec. 402. Establishment of commission.
Sec. 403. Review of efficiency and need for Federal agencies.
Sec. 404. Criteria for review.
Sec. 405. Commission oversight.
Sec. 406. Rulemaking authority.
Sec. 407. Relocation of Federal employees.
Sec. 408. Program inventory.
Sec. 409. Definition of agency.
Subtitle B--Legislative Line-Item Veto
Sec. 410. Short title.
Sec. 411. Legislative line-item veto.
Sec. 412. Technical and conforming amendments.
Sec. 413. Rescission measures considered.
Subtitle C--Commission to Eliminate Waste, Fraud, and Abuse
Sec. 420. Short title.
Sec. 421. Establishment of Commission.
Sec. 422. Duties of the Commission.
Sec. 423. Powers of the Commission.
Sec. 424. Commission personnel matters.
Sec. 425. Termination of the Commission.
Sec. 426. Congressional consideration of reform proposals.
Sec. 427. Authorization of appropriations.
TITLE V--TRANSPARENCY IN BUDGETING
Sec. 500. Short title.
Subtitle A--Accrual Funding of Pensions and Retirement Pay for Federal
Employees and Uniformed Services Personnel
Sec. 501. Civil Service Retirement System.
Sec. 502. Central Intelligence Agency Retirement and Disability System.
Sec. 503. Foreign Service Retirement and Disability System.
Sec. 504. Public Health Service Commissioned Corps Retirement System.
Sec. 505. National Oceanic and Atmospheric Administration Commissioned
Officer Corps Retirement System.
Sec. 506. Coast Guard Military Retirement System.
Subtitle B--Accrual Funding of Post-Retirement Health Benefits Costs
for Federal Employees
Sec. 511. Federal Employees Health Benefits Fund.
Sec. 512. Funding Uniformed Services health benefits for all retirees.
Sec. 513. Effective date.
Subtitle C--Earmark Reform
Sec. 521. Joint Select Committee on Earmark Reform.
Sec. 522. Moratorium on consideration of earmarks.
Subtitle D--Public Debt Limit
Sec. 531. Limit on public debt.
Sec. 532. Repeal of the Gephardt Rule.
Subtitle E--Risk-Assumed Budgeting
Sec. 541. Market Adjusted Rate for Federal Credit Reform Act of 1990.
Sec. 542. CBO and GAO study.
TITLE VI--BUDGET ENFORCEMENT
Sec. 600. Short title.
Subtitle A--Enforcement Amendments
Sec. 601. Points of order in the House of Representatives and the
Senate.
Sec. 602. Point of order waiver protection.
Sec. 603. Application of the limitation on reconciliation legislation.
Sec. 604. Twenty-percent limit on new direct spending in reconciliation
legislation.
Sec. 605. Treatment of extraneous appropriations.
Sec. 606. Establishment of Discretionary Deficit Reduction Account.
Sec. 607. Establishment of Mandatory Deficit Reduction Account.
Sec. 608. Conforming amendment.
Subtitle B--Committee Term Limits Study in the House of Representatives
Sec. 611. Suspension of certain requirements regarding the House of
Representatives committee term limits
committee.
Sec. 612. Establishment of the select committee on requirements
regarding the House of Representatives
Budget Committee.
Sec. 613. Procedure.
Sec. 614. Composition.
Sec. 615. Reporting.
Sec. 616. Administrative provisions.
Sec. 617. Dissolution.
SUBTITLE C--JUDICIAL CONSIDERATION
Sec. 621. Judicial review.
Sec. 622. Severability.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Congressional Budget Office, the Government
Accountability Office, and the chairman of the Federal Reserve
have all found that unsustainable fiscal trends, driven by
Federal spending, represent a serious threat to the United
States economy and the prosperity of the American people;
(2) the current Federal budget process fails to fully
allocate resources for national priorities and lacks the means
to control Federal spending, deficits, and debt;
(3) budgeting is essential to governing; and
(4) the effectiveness of the budget depends on the strength
of the budget process.
SEC. 3. PURPOSES.
The purposes of this Act are as follows--
(1) to reform and strengthen the Federal budget process by
enacting a comprehensive set of sound, reasonable, and
enforceable measures;
(2) to properly focus the Federal budget process on
controlling spending, deficits, and debt;
(3) to provide Congress with the tools for stronger and
more durable control of spending and deficits;
(4) to increase transparency and provide a comprehensive
assessment of the budget's commitments; and
(5) to reform the budget process to give Congress a
thorough assessment of the long-term budget commitments, to
establish sustainable benchmarks for major programs, and to
provide the means to reform major entitlement programs to
ensure sustainable levels of Federal spending, deficits, and
debt.
SEC. 4. EFFECTIVE DATE.
Except as otherwise specifically provided, this Act and the
amendments made by this Act shall become effective on the date of
enactment of this Act and shall apply with respect to fiscal years
beginning after September 30, 2010.
TITLE I--A BINDING FEDERAL BUDGET
SEC. 100. SHORT TITLE.
This Act may be cited as the ``Enhanced Spending Control and Budget
Enforcement Act of 2009''.
Subtitle A--Joint Budget Resolution
SEC. 101. PURPOSES.
Paragraphs (1) and (2) of section 2 of the Congressional Budget and
Impoundment Control Act of 1974 are amended to read as follows:
``(1) to assure effective control over the budgetary
process; and
``(2) to facilitate the determination each year of the
appropriate level of Federal revenues and expenditures by the
Congress and the President;''.
SEC. 102. TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 is amended to
read as follows:
``timetable
``Sec. 300. The timetable with respect to the Congressional budget
process for any fiscal year is as follows:
``First Session
On or before: Action to be completed:
First Monday in February................ President submits his budget.
February 15............................. Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President Committees submit views and estimates to Budget Committees.
submits budget.
April 1................................. Budget Committees report joint resolution on the budget.
April 15............................... Congress completes action on joint resolution on the budget.
June 10................................. House Appropriations Committee reports last annual appropriation bill.
June 15................................. Congress completes action on reconciliation legislation.
June 30................................. House completes action on annual appropriation bills.
October 1............................... Fiscal year begins.''.
SEC. 103. JOINT RESOLUTION ON THE BUDGET.
(a) Content of Joint Resolutions on the Budget.--Section 301(a)(4)
of the Congressional Budget Act of 1974 is amended to read as follows:
``(4) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, Medicare, Medicaid, other direct spending (excluding
interest), and interest; and for emergencies (for the reserve
fund in section 317(b) and for military operations in section
317(C));''.
(b) Additional Matters in Joint Resolution.--Section 301(b) of the
Congressional Budget Act of 1974 is amended as follows:
(1) Strike paragraphs (1), and (6) through (9).
(2) Redesignate paragraphs (2), (3), (4), and (5)
accordingly.
(3) Amend paragraph (3), as redesignated, to read as
follows:
``(3) set forth such other matters, and require such other
procedures, relating to the budget as may be appropriate to
carry out the purposes of the Act, but shall not include a
suspension or alteration of the application of the motion to
strike a provision as set forth in section 310(d)(2) or
(h)(2)(F).''.
(c) Required Contents of Report.--Section 301(e)(2) of the
Congressional Budget Act of 1974 is amended as follows:
(1) Redesignate subparagraphs (A), (B), (C), (D), (E), and
(F) as subparagraphs (B), (C), (E), (F), (H), and (I),
respectively.
(2) Before subparagraph (B) (as redesignated), insert the
following new subparagraph:
``(A) new budget authority and outlays for each
major functional category, based on allocations of the
total levels set forth pursuant to subsection
(a)(1);''.
(3) In subparagraph (C) (as redesignated), strike
``mandatory'' and insert ``direct spending''.
(4) After subparagraph (C) (as redesignated), insert the
following new subparagraph:
``(D) a measure, as a percentage of gross domestic
product, of total outlays, total Federal revenues, the
surplus or deficit, and new outlays for nondefense
discretionary spending, defense spending, Medicare,
Medicaid and other direct spending as set forth in such
resolution;''.
(5) After subparagraph (F) (as redesignated), insert the
following new subparagraph:
``(G) if the joint resolution on the budget
includes any allocation to a committee other than the
Committee on Appropriations of levels in excess of
current law levels, a justification for not subjecting
any program, project, or activity (for which the
allocation is made) to annual discretionary
appropriations;''.
(d) Additional Contents of Report.--Section 301(e)(3) of the
Congressional Budget Act of 1974 is amended as follows:
(1) Redesignate subparagraphs (A) and (B) as subparagraphs
(B) and (C), respectively, strike subparagraphs (C) and (D),
and redesignate subparagraph (E) as subparagraph (D) and strike
the period and insert ``; and''.
(2) Before subparagraph (B), insert the following new
subparagraph:
``(A) new budget authority and outlays for each
major functional category, based on allocations of the
total levels set forth pursuant to subsection
(a)(1);''.
(3) At the end, add the following new subparagraph:
``(E) set forth, if required by subsection (f), the
calendar year in which, in the opinion of the Congress,
the goals for reducing unemployment set forth in
section 4(b) of the Employment Act of 1946 should be
achieved.''.
(e) Budget Presentation.--After section 301(e)(3) add the following
new paragraph:
``(4) Budget format.--In addition to the contents that may
be included in the report pursuant to paragraph (3), a
presentation of the functional categories may also be included
as follows:
``(A) Principal federal obligations.--Activities
intrinsic to the Federal Government (including both
discretionary and mandatory spending) as follows:
``(i) National defense;
``(ii) International affairs;
``(iii) Veterans benefits and services; and
``(iv) Administration of justice.
``(B) Federally supported domestic priorities.--The
total domestic discretionary spending levels as
follows:
``(i) Total domestic discretionary
spending.
``(ii) Optional inclusion of additional
specific recommended levels.
``(C) Major domestic entitlements.--Major domestic
direct spending programs as follows:
``(i) Medicare.
``(ii) Medicaid.
``(iii) Other direct spending.
``(iv) Optional inclusion of additional
specific recommended levels.
``(D) General government and financial
management.--Funding for financing government
operations as follows:
``(i) General government.
``(ii) Net interest.
``(iii) Allowances.
``(iv) Offsetting receipts.''.
(f) President's Budget Submission to Congress.--(1) The first two
sentences of section 1105(a) of title 31, United States Code, are
amended to read as follows: ``On or after the first Monday in January
but not later than the first Monday in February of each year the
President shall submit a budget of the United States Government for the
following fiscal year which shall set forth the following levels:
``(A) Totals of new budget authority and outlays.
``(B) Total Federal revenues and the amount, if any, by
which the aggregate level of Federal revenues should be
increased or decreased by bills and resolutions to be reported
by the appropriate committees.
``(C) The surplus or deficit in the budget.
``(D) Subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), and interest,
and for emergencies (for the reserve fund in section 317(b) and
for military operations in section 317(c).
``(E) The public debt.
Each budget submission shall include a budget message and summary and
supporting information and, as a separately delineated statement, the
levels requires in the preceding sentence for at least each of the 4
ensuing fiscal years.''.
(2) The third sentence of section 1105(a) of title 31, United
States Code, is amended by inserting ``submission'' after ``budget''.
(g) Limitation on the Content of Budget Resolutions.--Section 305
of the Congressional Budget Act of 1974 is amended by adding at the end
the following new subsection:
``(e) Limitation on Contents.--(1) It shall not be in order in the
House of Representatives or in the Senate to consider any joint
resolution on the budget or any amendment thereto or conference report
thereon that contains any matter referred to in paragraph (2).
``(2) Any joint resolution on the budget or any amendment thereto
or conference report thereon that contains any matter not permitted in
section 301(a) or (b) shall not be treated in the House of
Representatives or the Senate as a budget resolution under subsection
(a) or (b) or as a conference report on a budget resolution under
subsection (c) of this section.''.
SEC. 104. BUDGET REQUIRED BEFORE SPENDING BILLS MAY BE CONSIDERED.
(a) Amendments to Section 302.--Section 302 of the Congressional
Budget Act of 1974 is amended--
(1) in subsection (a), by striking paragraph (5); and
(2) in subsection (f)(1)(A), by striking ``as reported''.
(b) Amendments to Section 303 and Conforming Amendments.--(1)
Section 303 of the Congressional Budget Act of 1974 is amended by
striking ``(a) In General.--'', by striking ``has been agreed to'' and
inserting ``takes effect in subsection (a)'', and by striking
subsections (b) and (c); and
(2) by striking its section heading and inserting the following new
section heading: ``consideration of budget-related legislation before
budget becomes law''.
(c) Expedited Procedures Upon Veto of Joint Resolution on the
Budget.--(1) Title III of the Congressional Budget Act of 1974 is
amended by adding after section 315 the following new section:
``expedited procedures upon veto of joint resolution on the budget
``Sec. 316. (a) Special Rule.--If the President vetoes a joint
resolution on the budget for a fiscal year, the majority leader of the
House of Representatives or Senate (or his designee) shall introduce a
concurrent resolution on the budget or joint resolution on the budget
for such fiscal year. If the Committee on the Budget of either House
fails to report such concurrent or joint resolution referred to it
within five calendar days (excluding Saturdays, Sundays, or legal
holidays except when that House of Congress is in session) after the
date of such referral, the committee shall be automatically discharged
from further consideration of such resolution and such resolution shall
be placed on the appropriate calendar.
``(b) Procedure in the House of Representatives and the Senate.--
``(1) Except as provided in paragraph (2), the provisions
of section 305 for the consideration in the House of
Representatives and in the Senate of joint resolutions on the
budget and conference reports thereon shall also apply to the
consideration of concurrent resolutions on the budget
introduced under subsection (a) and conference reports thereon.
``(2) Debate in the Senate on any concurrent resolution on
the budget or joint resolution on the budget introduced under
subsection (a), and all amendments thereto and debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours and in the House of Representatives
such debate shall be limited to not more than 3 hours.
``(c) Contents of Concurrent Resolutions.--Any concurrent
resolution on the budget introduced under subsection (a) shall be in
compliance with section 301.
``(d) Effect of Concurrent Resolution on the Budget.--
Notwithstanding any other provision of this title, whenever a
concurrent resolution on the budget described in subsection (a) is
agreed to, then the aggregates, allocations, and reconciliation
directives (if any) contained in the report accompanying such
concurrent resolution or in such concurrent resolution shall be
considered to be the aggregates, allocations, and reconciliation
directives for all purposes of sections 302, 303, and 311 for the
applicable fiscal years and such concurrent resolution shall be deemed
to be a joint resolution for all purposes of this title and the Rules
of the House of Representatives and any reference to the date of
enactment of a joint resolution on the budget shall be deemed to be a
reference to the date agreed to when applied to such concurrent
resolution.''.
(2) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 315 the following new
item:
``Sec. 316. Expedited procedures upon veto of joint resolution on the
budget.''.
SEC. 105. AMENDMENTS TO JOINT RESOLUTIONS ON THE BUDGET.
(a) Definition.--Paragraph (4) of section 3 of the Congressional
Budget Act of 1974 is amended to read as follows:
``(4) the term `joint resolution on the budget' means--
``(A) a joint resolution setting forth the budget
for the United States Government for a fiscal year as
provided in section 301; and
``(B) any other joint resolution revising the
budget for the United States Government for a fiscal
year as described in section 304.''.
(b) Additional Amendments to the Congressional Budget and
Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 305,
308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act
of 1974 (2 U.S.C. 621 et seq.) are amended by striking ``concurrent''
each place it appears and inserting ``joint''.
(B) Section 301 of the Congresional Budget Act of 1974 is further
amended by striking the last sentence.
(C)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the
Congressional Budget Act of 1974 are amended by striking ``most
recently agreed to concurrent resolution on the budget'' each place it
occurs and inserting ``most recently enacted joint resolution on the
budget or agreed to concurrent resolution on the budget (as
applicable)''.
(ii) The section heading of section 301 is amended by striking
``annual adoption of concurrent resolution'' and inserting ``joint
resolutions''; and
(iii) Section 304 of such Act is amended to read as follows:
``permissible revisions of budget resolutions
``Sec. 304. At any time after the joint resolution on the budget
for a fiscal year has been enacted pursuant to section 301, and before
the end of such fiscal year, the two Houses and the President may enact
a joint resolution on the budget which revises or reaffirms the joint
resolution on the budget for such fiscal year most recently enacted,
and for purposes of the enforcement of the Congressional Budget Act of
1974, the chairman of the Budget Committee of the House of
Representatives or the Senate, as applicable, may adjust levels as
needed for the enforcement off of the budget resolution.''.
(D) Sections 302, 303, 310, and 311, of such Act are amended by
striking ``agreed to'' each place it appears and by inserting
``enacted''.
(2)(A) Paragraph (4) of section 3 of the Congressional Budget and
Impoundment Control Act of 1974 is amended by striking ``concurrent''
each place it appears and by inserting ``joint''.
(B) The table of contents set forth in section 1(b) of such Act is
amended--
(i) in the item relating to section 301, by striking
``Annual adoption of concurrent resolution'' and inserting
``Joint resolutions'';
(ii) by striking the item relating to section 303 and
inserting the following:
``Sec. 303. Consideration of budget-related legislation before budget
becomes law.''.
(iii) by striking ``concurrent'' and inserting ``joint'' in
the item relating to section 305.
(c) Conforming Amendments to the Rules of the House of
Representatives.--Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and
4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and
clauses 7 and 10 of rule XXI of the Rules of the House of
Representatives are amended by striking ``concurrent'' each place it
appears and inserting ``joint''.
(d) Conforming Amendments to the Balanced Budget and Emergency
Deficit Control Act of 1985.--Section 258C(b)(1) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is
amended by striking ``concurrent'' and inserting ``joint''.
(e) Conforming Amendments to Section 310 Regarding Reconciliation
Directives.--(1) The side heading of section 310(a) of the
Congressional Budget Act of 1974 (as amended by section 105(b)) is
further amended by inserting ``Joint Explanatory Statement Accompanying
Conference Report on'' before ``Joint''.
(2) Section 310(a) of such Act is amended by striking ``A'' and
inserting ``The joint explanatory statement accompanying the conference
report on a''.
(3) The first sentence of section 310(b) of such Act is amended by
striking ``If'' and inserting ``If the joint explanatory statement
accompanying the conference report on''.
(4) Section 310(c)(1) of such Act is amended by inserting ``the
joint explanatory statement accompanying the conference report on''
after ``pursuant to''.
(f) Conforming Amendments to Section 3 Regarding Direct Spending.--
Section 3 of the Congressional Budget and Impoundment Control Act of
1974 is amended by adding at the end the following new paragraph:
``(11) The term `direct spending' has the meaning given to
such term in section 250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''.
Subtitle B--Budgeting for Emergencies
SEC. 111. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.
(a) Elimination of Emergency Designation.--Sections 251(b)(2)(A),
252(e), and 252(d)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are repealed.
(b) Elimination of Emergency Adjustments.--Section 314(b) of the
Congressional Budget Act of 1974 is amended by striking paragraph (1)
and by redesignating paragraphs (2) through (5) as paragraphs (1)
through (4), respectively.
(c) Conforming Amendment.--Clause 2 of rule XXI of the Rules of the
House of Representatives is amended by repealing paragraph (e) and by
redesignating paragraph (f) as paragraph (e).
SEC. 112. EMERGENCY CRITERIA.
(a) Definition of Emergency.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 (as amended by section 105(f)) is
further amended by adding at the end the following new paragraph:
``(12)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and outlays (or
new budget authority and the outlays flowing therefrom)
for the prevention or mitigation of, or response to,
loss of life or property, or a threat to national
security; and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term `unanticipated'
means that the situation is--
``(i) sudden, which means quickly coming into being
or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
(b) Conforming Amendment.--The term ``emergency'' has the meaning
given to such term in section 3 of the Congressional Budget and
Impoundment Control Act of 1974.
SEC. 113. DEVELOPMENT OF GUIDELINES FOR APPLICATION OF EMERGENCY
DEFINITION.
Not later than 5 months after the date of enactment of this Act,
the chairmen of the Committees on the Budget (in consultation with the
President) shall, after consulting with the chairmen of the Committees
on Appropriations and applicable authorizing committees of their
respective Houses and the Directors of the Congressional Budget Office
and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(12) of the Congressional Budget and
Impoundment Control Act of 1974.
SEC. 114. RESERVE FUND FOR EMERGENCIES IN PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code, is amended by
adding at the end the following new sentence: ``Such budget submission
shall also comply with the requirements of subsections (b) and (c) of
section 317 of the Congressional Budget Act of 1974 and, in the case of
any budget authority requested for an emergency, such submission shall
include a detailed justification of why such emergency is an emergency
within the meaning of section 3(12) of the Congressional Budget Act of
1974.''.
SEC. 115. ADJUSTMENTS AND RESERVE FUND FOR EMERGENCIES IN JOINT BUDGET
RESOLUTIONS.
(a) Emergencies.--Title III of the Congressional Budget Act of 1974
(as amended by section 104(c)) is further amended by adding at the end
the following new section:
``emergencies
``Sec. 317. (a) Adjustments.--
``(1) Adjustment authority.--Except as provided by
subsection (b)(4), if a bill or joint resolution is reported,
or an amendment is offered thereto (or considered as adopted)
or a conference report is filed thereon, that provides new
budget authority (and outlays flowing therefrom), and such
provision is designated as an emergency pursuant to this
section, the chairman of the Committee on the Budget of the
House of Representatives or the Senate, as applicable, shall
make adjustments to the allocations and aggregates set forth in
the most recently agreed to joint resolution on the budget, for
the purpose of enforcing the points of order set forth in title
III of the Congressional Budget Act of 1974, up to the amount
of such provisions if such chairman determines and certifies,
pursuant to the guidelines referred to in section 113 of the
Spending, Deficit, and Debt Control Act of 2009, the portion
(if any) of the amount so specified that is for an emergency
within the meaning of section 3(12).
``(2) Limitation on adjustment authority.--The adjustments
referred to in paragraph (1) made to the allocations made
pursuant to section 302(a) shall not exceed the amount reserved
for emergencies pursuant to the requirements of subsections (b)
and (c).
``(3) Emergency amounts exceeding adjustment authority.--
Before any adjustment is made pursuant to this section for any
bill, joint resolution, concurrent resolution, or conference
report that designates a provision an emergency, the enactment
of which causes the total amount of the reserve fund to be
exceeded:
``(A) The chairman of the Committee on the Budget
of the House of Representatives or the Senate shall
convene a meeting of that committee, where it shall be
in order, subject to the terms set forth in this
section, for one motion described in subparagraph (B)
to be made to authorize the chairman to make
adjustments above the maximum amount of adjustments set
forth in subsection (a).
``(B) The motion referred to in subparagraph (A)
shall be in the following form: `I move that the
chairman of the Committee on the Budget be authorized
to adjust the allocations and aggregates set forth in
the joint resolution on the budget for fiscal year ____
by the following amount: $____ for fiscal year ____.',
with the second blank being filled in with amount
determined by the chairman of the Committee on the
Budget and the first and third blank being filled in by
the applicable fiscal year.
``(C) The motion set forth in subparagraph (B)
shall be open for debate and amendment, but any
amendment offered thereto is only in order if limited
to changing an amount in the motion.
``(D) The chairman of the applicable Committee on
the Budget may make any adjustments he deems necessary
under this section if he determines the enactment of
any provision designated as an emergency is essential
to respond to an urgent and imminent need, the chairman
determines that exceptional circumstances exist and the
committee cannot convene to consider the motion
referred to in this section in a timely fashion.
``(4) The adjustments made pursuant to subsection (a)(1) or
(2) shall--
``(A) apply while that bill, joint resolution,
conference report, or amendment is under consideration;
and
``(B) take effect upon the enactment of that
legislation.
``(5) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House of Representatives or
the Senate with instructions to report it without amendment,
other than that specified in paragraph (2), within 5
legislative days of the day in which it is reported from the
originating committee. If the Committee on the Budget of either
House fails to report a bill or joint resolution referred to it
under this paragraph within such 5-day period, the committee
shall be automatically discharged from further consideration of
such bill or joint resolution and such bill or joint resolution
shall be placed on the appropriate calendar.
``(6) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the committee
determines, pursuant to the guidelines referred to in section
113 of the Spending, Deficit, and Debt Control Act of 2009,
that such budget authority is for an emergency within the
meaning of section 3(12).
``(b) Reserve Fund.--The amount set forth in the reserve fund for
emergencies for budget authority and outlays for a fiscal year pursuant
to section 301(a)(4) shall equal:
``(1) The average of the enacted levels of budget authority
for emergencies (other than those covered by subsection (c)) in
the 10 fiscal years preceding the current year; omitting in
such average the fiscal years with the highest and lowest
levels of budget authority.
``(2) The average of the levels of outlays for emergencies
in the 10 fiscal years preceding the current year flowing from
the budget authority referred to in paragraph (1), but only in
the fiscal year for which such budget authority first becomes
available for obligation.
``(3) The adjustments made pursuant to subsection (a)(1) or
(2) shall--
``(A) apply while that bill, joint resolution,
conference report, or amendment is under consideration;
and
``(B) take effect upon the enactment of that
legislation.
``(4) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House of Representatives or
the Senate with instructions to report it without amendment,
other than that specified in paragraph (2), within 5
legislative days of the day in which it is reported from the
originating committee. If the Committee on the Budget of either
House fails to report a bill or joint resolution referred to it
under this paragraph within such 5-day period, the committee
shall be automatically discharged from further consideration of
such bill or joint resolution and such bill or joint resolution
shall be placed on the appropriate calendar.
``(5) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the committee
determines, pursuant to the guidelines referred to in section
113 of the Spending, Deficit, and Debt Control Act of 2009,
that such budget authority is for an emergency within the
meaning of section 3(12).
``(c) Treatment of Emergencies To Fund Certain Military
Operations.--Whenever the Committee on Appropriations reports any bill
or joint resolution that provides budget authority for any emergency
that is a threat to national security and the funding of which carries
out a military operation authorized by a declaration of war or a joint
resolution authorizing the use of military force (or economic
assistance funding in furtherance of such operation) and the report
accompanying that bill or joint resolution identifies any provision
that increases outlays or provides budget authority (and the outlays
flowing therefrom) for such emergency, the enactment of which causes
the total amount of budget authority or outlays provided for
emergencies for the budget year in the joint resolution on the budget
(pursuant to section 301(a)(4)) to be exceeded:
``(1) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House of Representatives or
the Senate, as the case may be, with instructions to report it
without amendment, other than that specified in paragraph (2),
within 5 legislative days of the day in which it is reported
from the originating committee. If the Committee on the Budget
of either House fails to report a bill or joint resolution
referred to it under this paragraph within such 5-day period,
the committee shall be automatically discharged from further
consideration of such bill or joint resolution and such bill or
joint resolution shall be placed on the appropriate calendar.
``(2) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the committee
determines, pursuant to the guidelines referred to in section
113 of the Spending, Deficit, and Debt Control Act of 2009,
that such budget authority is for an emergency within the
meaning of section 3(12).
``(3) If such a bill or joint resolution is reported with
an amendment specified in paragraph (2) by the Committee on the
Budget of the House of Representatives or the Senate, then the
budget authority and resulting outlays that are the subject of
such amendment shall not be included in any determinations
under section 302(f) or 311(a) for any bill, joint resolution,
amendment, motion, or conference report.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 316 the
following new item:
``Sec. 317. Emergencies.''.
SEC. 116. APPLICATION OF SECTION 306 TO EMERGENCIES IN EXCESS OF
AMOUNTS IN RESERVE FUND.
Section 306 of the Congressional Budget Act of 1974 is amended by
inserting at the end the following new sentence: ``No amendment
reported by the Committee on the Budget (or from the consideration of
which such committee has been discharged) pursuant to section 317 may
be amended.''.
SEC. 117. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of 1974 is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(D) shall include an up-to-date tabulation of
amounts remaining in the reserve fund for
emergencies.''.
SEC. 118. PROHIBITION ON AMENDMENTS TO THE EMERGENCY RESERVE FUND.
(a) Point of Order.--Section 305 of the Congressional Budget Act of
1974 (as amended by section 103(f)) is further amended by adding at the
end the following new subsection:
``(f) Point of Order Regarding Emergency Reserve Fund.--It shall
not be in order in the House of Representatives or in the Senate to
consider an amendment to a joint resolution on the budget which changes
the amount of budget authority and outlays set forth in section
301(a)(4) for the emergency reserve fund.''.
(b) Technical Amendment.--(1) Section 904(C)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``305(e),
305(f),'' after ``305(c)(4),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``305(e), 305(f),'' after ``305(c)(4),''.
Subtitle C--Biennial Budget
SEC. 121. EFFECTIVE DATE.
The provisions of this subtitle shall take effect on January 1 of
the calendar year after the year of the enactment of this Act.
SEC. 122. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631)
is amended to read as follows:
``timetable
``Sec. 300. (a) In General.--Except as provided by subsection (b),
the timetable with respect to the congressional budget process for any
Congress (beginning with the One Hundred Twelfth Congress or a
subsequent Congress, as applicable) is as follows:
``First Session
On or before: Action to be completed:
First Monday in February................ President submits budget recommendations.
February 15............................. Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after budget Committees submit views and estimates to Budget Committees.
submission.
April 1................................. Budget Committees report joint resolution on the biennial budget.
May 15.................................. Congress completes action on joint resolution on the biennial budget.
May 15.................................. Biennial appropriation bills may be considered in the House of
Representatives.
June 10................................. House Appropriations Committee reports last biennial appropriation
bill.
June 30................................. House completes action on biennial appropriation bills.
October 1............................... Biennium begins.
``Second Session
On or before: Action to be completed:
February 15............................. President submits budget review.
Not later than 6 weeks after President Congressional Budget Office submits report to Budget Committees.
submits budget review.
The last day of the session............. Congress completes action on bills and resolutions authorizing new
budget authority for the succeeding biennium.
``(b) Special Rule.--In the case of any first session of Congress
that begins in any year during which the term of a President (except a
President who succeeds himself) begins, the following dates shall
supersede those set forth in subsection (a):
``First Session
On or before: Action to be completed:
First Monday in April................... President submits budget recommendations.
April 20................................ Committees submit views and estimates to Budget Committees.
May 15.................................. Budget Committees report joint resolution on the biennial budget.
June 1.................................. Congress completes action on joint resolution on the biennial budget.
June 1.................................. Biennial appropriation bills may be considered in the House of
Representatives.
July 1.................................. House Appropriations Committee reports last biennial appropriation
bill.
July 20................................. House completes action on biennial appropriation bills.
October 1............................... Biennium begins.''.
SEC. 123. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974.
(a) Declaration of Purpose.--Section 2(2) of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C. 621(2)) is amended
by striking ``each year'' and inserting ``biennially''.
(b) Definitions.--
(1) Budget resolution.--Section 3(4) of such Act (2 U.S.C.
622(4)) is amended by striking ``fiscal year'' each place it
appears and inserting ``biennium''.
(2) Biennium.--Section 3 of such Act (2 U.S.C. 622) (as
amended by section 113(a)) is further amended by adding at the
end the following new paragraph:
``(13) The term `biennium' means the period of 2
consecutive fiscal years beginning on October 1 of any odd-
numbered year.''.
(c) Biennial Joint Resolution on the Budget.--
(1) Contents of resolution.--Section 301(a) of such Act (2
U.S.C. 632(a)) is amended--
(A) in the matter preceding paragraph (1) by--
(i) striking ``April 15 of each year'' and
inserting ``May 15 of each odd-numbered year'';
(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'';
(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''; and
(iv) striking ``each of the four ensuing
fiscal years'' and inserting ``each fiscal year
in the next 2 bienniums'';
(B) in paragraph (6), by striking ``for the fiscal
year'' and inserting ``for each fiscal year in the
biennium''; and
(C) in paragraph (7), by striking ``for the fiscal
year'' and inserting ``for each fiscal year in the
biennium''.
(2) Additional matters.--Section 301(b) of such Act (2
U.S.C. 632(b)) is amended--
(A) in paragraph (3), by striking ``for such fiscal
year'' and inserting ``for either fiscal year in such
biennium''; and
(B) in paragraph (7), by striking ``for the first
fiscal year'' and inserting ``for each fiscal year in
the biennium''.
(3) Views of other committees.--Section 301(d) of such Act
(2 U.S.C. 632(d)) is amended by inserting ``(or, if applicable,
as provided by section 300(b))'' after ``United States Code''.
(4) Hearings.--Section 301(e)(1) of such Act (2 U.S.C.
632(e)) is amended by--
(A) striking ``fiscal year'' and inserting
``biennium''; and
(B) inserting after the second sentence the
following: ``On or before April 1 of each odd-numbered
year (or, if applicable, as provided by section
300(b)), the Committee on the Budget of each House
shall report to its House the joint resolution on the
budget referred to in subsection (a) for the biennium
beginning on October 1 of that year.''.
(5) Goals for reducing unemployment.--Section 301(f) of
such Act (2 U.S.C. 632(f)) is amended by striking ``fiscal
year'' each place it appears and inserting ``biennium''.
(6) Economic assumptions.--Section 301(g)(1) of such Act (2
U.S.C. 632(g)(1)) is amended by striking ``for a fiscal year''
and inserting ``for a biennium''.
(7) Section heading.--The section heading of section 301 of
such Act is amended by striking ``annual'' and inserting
``biennial''.
(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''.
(d) Committee Allocations.--Section 302 of such Act (2 U.S.C. 633)
is amended--
(1) in subsection (a)(1) by--
(A) striking ``for the first fiscal year of the
resolution,'' and inserting ``for each fiscal year in
the biennium,'';
(B) striking ``for that period of fiscal years''
and inserting ``for all fiscal years covered by the
resolution''; and
(C) striking ``for the fiscal year of that
resolution'' and inserting ``for each fiscal year in
the biennium'';
(2) in subsection (f)(1), by striking ``for a fiscal year''
and inserting ``for a biennium'';
(3) in subsection (f)(1), by striking ``first fiscal year''
and inserting ``either fiscal year of the biennium'';
(4) in subsection (f)(2)(A), by--
(A) striking ``first fiscal year'' and inserting
``each fiscal year of the biennium''; and
(B) striking ``the total of fiscal years'' and
inserting ``the total of all fiscal years covered by
the resolution''; and
(5) in subsection (g)(1)(A), by striking ``April'' and
inserting ``May''.
(e) Section 303 Point of Order.--Section 303 of such Act (2 U.S.C.
634(a)) is amended by striking ``for a fiscal year'' and inserting
``for a biennium'' and by striking ``the first fiscal year'' and
inserting ``each fiscal year of the biennium''.
(f) Permissible Revisions of Joint Resolutions on the Budget.--
Section 304 of such Act (2 U.S.C. 635) is amended--
(1) by striking ``fiscal year'' the first two places it
appears and inserting ``biennium'';
(2) by striking ``for such fiscal year''; and
(3) by inserting before the period ``for such biennium''.
(g) Procedures for Consideration of Budget Resolutions.--Section
305(a)(3) of such Act (2 U.S.C. 636(b)(3)) is amended by striking
``fiscal year'' and inserting ``biennium''.
(h) Completion of House Committee Action on Appropriation Bills.--
Section 307 of such Act (2 U.S.C. 638) is amended--
(1) by striking ``each year'' and inserting ``each odd-
numbered year (or, if applicable, as provided by section
300(b), July 1)'';
(2) by striking ``annual'' and inserting ``biennial'';
(3) by striking ``fiscal year'' and inserting ``biennium'';
and
(4) by striking ``that year'' and inserting ``each odd-
numbered year''.
(i) Completion of House Action on Regular Appropriation Bills.--
Section 309 of such Act (2 U.S.C. 640) is amended--
(1) by striking ``It'' and inserting ``Except whenever
section 300(b) is applicable, it'';
(2) by inserting ``of any odd-numbered calendar year''
after ``July'';
(3) by striking ``annual'' and inserting ``biennial''; and
(4) by striking ``fiscal year'' and inserting ``biennium''.
(j) Reconciliation Process.--Section 310 of such Act (2 U.S.C. 641)
is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``any fiscal year'' and inserting ``any
biennium'';
(2) in subsection (a)(1), by striking ``such fiscal year''
each place it appears and inserting ``any fiscal year covered
by such resolution''; and
(3) by striking subsection (f) and redesignating subsection
(g) as subsection (f).
(k) Section 311 Point of Order.--
(1) In the house of representatives.--Section 311(a)(1) of
such Act (2 U.S.C. 642(a)) is amended--
(A) by striking ``for a fiscal year'' and inserting
``for a biennium'';
(B) by striking ``the first fiscal year'' each
place it appears and inserting ``either fiscal year of
the biennium''; and
(C) by striking ``that first fiscal year'' and
inserting ``each fiscal year in the biennium''.
(2) In the senate.--Section 311(a)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``for the
first fiscal year'' and inserting ``for either fiscal
year of the biennium''; and
(B) in subparagraph (B)--
(i) by striking ``that first fiscal year''
the first place it appears and inserting ``each
fiscal year in the biennium''; and
(ii) by striking ``that first fiscal year
and the ensuing fiscal years'' and inserting
``all fiscal years''.
(3) Social security levels.--Section 311(a)(3) of such Act
is amended by--
(A) striking ``for the first fiscal year'' and
inserting ``each fiscal year in the biennium''; and
(B) striking ``that fiscal year and the ensuing
fiscal years'' and inserting ``all fiscal years''.
(l) Maximum Deficit Amount Point of Order.--Section 312(c) of the
Congressional Budget Act of 1974 (2 U.S.C. 643) is amended--
(1) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(2) in paragraph (1), by striking ``first fiscal year'' and
inserting ``either fiscal year in the biennium'';
(3) in paragraph (2), by striking ``that fiscal year'' and
inserting ``either fiscal year in the biennium''; and
(4) in the matter following paragraph (2), by striking
``that fiscal year'' and inserting ``the applicable fiscal
year''.
SEC. 124. AMENDMENTS TO RULES OF THE HOUSE OF REPRESENTATIVES.
(a) Clause 4(a)(1)(A) of rule X of the Rules of the House of
Representatives is amended by inserting ``odd-numbered'' after
``each''.
(b) Clause 4(a)(4) of rule X of the Rules of the House of
Representatives is amended by striking ``fiscal year'' and inserting
``biennium''.
(c) Clause 4(b)(2) of rule X of the Rules of the House of
Representatives is amended by striking ``each fiscal year'' and
inserting ``the biennium''.
(d) Clause 4(b) of rule X of the Rules of the House of
Representatives is amended by striking ``and'' at the end of
subparagraph (5), by striking the period and inserting ``; and'' at the
end of subparagraph (6), and by adding at the end the following new
subparagraph:
``(7) use the second session of each Congress to study
issues with long-term budgetary and economic implications,
including holding hearings to receive testimony from committees
of jurisdiction to identify problem areas and to report on the
results of oversight; and by January 1 of each odd-number year,
issuing a report to the Speaker which identifies the key issues
facing the Congress in the next biennium.''.
(e) Clause 4(e) of rule X of the Rules of the House of
Representatives is amended by striking ``annually'' each place it
appears and inserting ``biennially'' and by striking ``annual'' and
inserting ``biennial''.
(f) Clause 4(f) of rule X of the Rules of the House of
Representatives is amended--
(1) by inserting ``during each odd-numbered year'' after
``submits his budget'';
(2) by striking ``fiscal year'' the first place it appears
and inserting ``biennium''; and
(3) by striking ``that fiscal year'' and inserting ``each
fiscal year in such ensuing biennium''.
(g) Clause 11(i) of rule X of the Rules of the House of
Representatives is amended by striking ``during the same or preceding
fiscal year''.
(h) Clause 3(d)(2)(A) of rule XIII of the Rules of the House of
Representatives is amended by striking ``five'' both places it appears
and inserting ``six''.
(i) Clause 5(a)(1) of rule XIII of the Rules of the House of
Representatives is amended by striking ``fiscal year after September 15
in the preceding fiscal year'' and inserting ``biennium after September
15 of the calendar year in which such biennium begins''.
SEC. 125. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF APPROPRIATION
ACTS.
Section 105 of title 1, United States Code, is amended to read as
follows:
``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).'.
``(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.
``(c) For purposes of this section, the term `biennium' has the
same meaning as in section 3(13) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622(13)).''.
SEC. 126. MULTIYEAR AUTHORIZATIONS.
(a) In General.--Title III of the Congressional Budget Act of 1974
(as amended by section 115(a)) is further amended by adding at the end
the following new section:
``multiyear authorizations of appropriations
``Sec. 318. (a) It shall not be in order in the House of
Representatives or the Senate to consider any measure that contains a
specific authorization of appropriations for any purpose unless the
measure includes such a specific authorization of appropriations for
that purpose for not less than each fiscal year in one or more
bienniums.
``(b)(1) For purposes of this section, a specific authorization of
appropriations is an authorization for the enactment of an amount of
appropriations or amounts not to exceed an amount of appropriations
(whether stated as a sum certain, as a limit, or as such sums as may be
necessary) for any purpose for a fiscal year.
``(2) Subsection (a) does not apply with respect to an
authorization of appropriations for a single fiscal year for any
program, project, or activity if the measure containing that
authorization includes a provision expressly stating the following:
`Congress finds that no authorization of appropriation will be required
for [Insert name of applicable program, project, or activity] for any
subsequent fiscal year.'.
``(c) For purposes of this section, the term `measure' means a
bill, joint resolution, amendment, motion, or conference report.''.
(b) Amendment to Table of Contents.--The table of contents set
forth in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by adding after the item relating to
section 317 the following new item:
``Sec. 318. Multiyear authorizations of appropriations.''.
SEC. 127. GOVERNMENT STRATEGIC AND PERFORMANCE PLANS ON A BIENNIAL
BASIS.
(a) Strategic Plans.--Section 306 of title 5, United States Code,
is amended--
(1) in subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2010'';
(2) in subsection (b)--
(A) by striking ``at least every three years'' and
all that follows thereafter and inserting ``at least
every 4 years, except that strategic plans submitted by
September 30, 2010, shall be updated and revised by
September 30, 2012''; and
(B) by striking ``five years forward'' and
inserting ``six years forward''; and
(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, 2010, meeting the
requirements of subsection (a)''.
(b) Budget Contents and Submission to Congress.--Paragraph (28) of
section 1105(a) of title 31, United States Code, is amended by striking
``beginning with fiscal year 1999, a'' and inserting ``beginning with
fiscal year 2012, a biennial''.
(c) Performance Plans.--Section 1115 of title 31, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter before paragraph (1) by striking
``an annual'' and inserting ``a biennial'';
(B) in paragraph (1) by inserting after ``program
activity'' the following: ``for both years 1 and 2 of
the biennial plan'';
(C) in paragraph (5) by striking ``and'' after the
semicolon;
(D) in paragraph (6) by striking the period and
inserting a semicolon; and inserting ``and'' after the
inserted semicolon; and
(E) by adding after paragraph (6) the following:
``(7) cover each fiscal year of the biennium beginning with
the first fiscal year of the next biennial budget cycle.'';
(2) in subsection (d) by striking ``annual'' and inserting
``biennial''; and
(3) in paragraph (6) of subsection (g) by striking
``annual'' and inserting ``biennial''.
(d) Managerial Accountability and Flexibility.--Section 9703 of
title 31, United States Code, relating to managerial accountability, is
amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``annual'';
and
(B) by striking ``section 1105(a)(29)'' and
inserting ``section 1105(a)(28)'';
(2) in subsection (e)--
(A) in the first sentence by striking ``one or''
before ``two years'';
(B) in the second sentence by striking ``a
subsequent year'' and inserting ``for a subsequent 2-
year period''; and
(C) in the third sentence by striking ``three'' and
inserting ``four''.
(e) Strategic Plans.--Section 2802 of title 39, United States Code,
is amended--
(1) in subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2010'';
(2) in subsection (b), by striking ``at least every three
years'' and inserting ``at least every 4 years except that
strategic plans submitted by September 30, 2010, shall be
updated and revised by September 30, 2013'';
(3) in subsection (b), by striking ``five years forward''
and inserting ``six years forward''; and
(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, 2010,
meeting the requirements of subsection (a)''.
(f) Performance Plans.--Section 2803(a) of title 39, United States
Code, is amended--
(1) in the matter before paragraph (1), by striking ``an
annual'' and inserting ``a biennial'';
(2) in paragraph (1), by inserting after ``program
activity'' the following: ``for both years 1 and 2 of the
biennial plan'';
(3) in paragraph (5), by striking ``and'' after the
semicolon;
(4) in paragraph (6), by striking the period and inserting
``; and''; and
(5) by adding after paragraph (6) the following:
``(7) cover each fiscal year of the biennium beginning with
the first fiscal year of the next biennial budget cycle.''.
(g) Committee Views of Plans and Reports.--Section 301(d) of the
Congressional Budget Act (2 U.S.C. 632(d)) is amended by adding at the
end ``Each committee of the Senate or the House of Representatives
shall review the strategic plans, performance plans, and performance
reports, required under section 306 of title 5, United States Code, and
sections 1115 and 1116 of title 31, United States Code, of all agencies
under the jurisdiction of the committee. Each committee may provide its
views on such plans or reports to the Committee on the Budget of the
applicable House.''.
SEC. 128. BIENNIAL APPROPRIATION BILLS.
(a) In the House of Representatives.--Clause 2(a) of rule XXI of
the Rules of the House of Representatives is amended by adding at the
end the following new subparagraph:
``(3)(A) Except as provided by subdivision (B), an appropriation
may not be reported in a general appropriation bill (other than a
supplemental appropriation bill), and may not be in order as an
amendment thereto, unless it provides new budget authority or
establishes a level of obligations under contract authority for each
fiscal year of a biennium.
``(B) Subdivision (A) does not apply with respect to an
appropriation for a single fiscal year for any program, project, or
activity if the bill or amendment thereto containing that appropriation
includes a provision expressly stating the following: `Congress finds
that no additional funding beyond one fiscal year will be required and
the [Insert name of applicable program, project, or activity] will be
completed or terminated after the amount provided has been expended.'.
``(C) For purposes of paragraph (b), the statement set forth in
subdivision (B) with respect to an appropriation for a single fiscal
year for any program, project, or activity may be included in a general
appropriation bill or amendment thereto.''.
(b) Conforming Amendment.--Clause 5(b)(1) of rule XXII of the House
of Representatives is amended by striking ``or (C)'' and inserting ``or
(3) or 2(C)''.
SEC. 129. ASSISTANCE BY FEDERAL AGENCIES TO STANDING COMMITTEES OF THE
SENATE AND THE HOUSE OF REPRESENTATIVES.
(a) Information Regarding Agency Appropriations Requests.--To
assist each standing committee of the House of Representatives and the
Senate in carrying out its responsibilities, the head of each Federal
agency which administers the laws or parts of laws under the
jurisdiction of such committee shall provide to such committee such
studies, information, analyses, reports, and assistance as may be
requested by the chairman and ranking minority member of the committee.
(b) Information Regarding Agency Program Administration.--To assist
each standing committee of the House of Representatives and the Senate
in carrying out its responsibilities, the head of any agency shall
furnish to such committee documentation, containing information
received, compiled, or maintained by the agency as part of the
operation or administration of a program, or specifically compiled
pursuant to a request in support of a review of a program, as may be
requested by the chairman and ranking minority member of such
committee.
(c) Summaries by Comptroller General.--Within 30 days after the
receipt of a request from a chairman and ranking minority member of a
standing committee having jurisdiction over a program being reviewed
and studied by such committee under this section, the Comptroller
General of the United States shall furnish to such committee summaries
of any audits or reviews of such program which the Comptroller General
has completed during the preceding 6 years.
(d) Congressional Assistance.--Consistent with their duties and
functions under law, the Comptroller General of the United States, the
Director of the Congressional Budget Office, and the Director of the
Congressional Research Service shall continue to furnish (consistent
with established protocols) to each standing committee of the House of
Representatives or the Senate such information, studies, analyses, and
reports as the chairman and ranking minority member may request to
assist the committee in conducting reviews and studies of programs
under this section.
Subtitle D--Prevention of Government Shutdown
SEC. 131. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year (or,
if applicable, for each fiscal year in a biennium) does not become law
before the beginning of such fiscal year or a joint resolution making
continuing appropriations is not in effect, there are appropriated, out
of any money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds, excluding
any budget authority designated as an emergency or temporary funding
for projects or activities that are not part of ongoing operations, to
such sums as may be necessary to continue any project or activity for
which funds were provided in the preceding fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year;
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year;
``(C) the rate of operations provided for in the regular
appropriation bill as passed by the House of Representatives or
the Senate for the fiscal year in question, except that the
lower of these two versions shall be ignored for any project or
activity for which there is a budget request if no funding is
provided for that project or activity in either version; or
``(D) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
``(1) Agriculture, rural development, Food and Drug
Administration, and related agencies programs.
``(2) The Department of Defense.
``(3) Energy and water development, and related agencies.
``(4) State, foreign operations, and related programs.
``(5) The Department of Homeland Security.
``(6) The Department of the Interior, Environmental
Protection Agency, and related agencies.
``(7) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(8) Military construction, veterans affairs, and related
agencies.
``(9) Science, the Departments of State, Justice, and
Commerce, and related agencies.
``(10) The Departments of Transportation, Housing and Urban
Development, and related agencies.
``(11) The Legislative Branch.
``(12) Financial services and general government.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
Subtitle E--The Baseline
SEC. 141. ELIMINATION OF INFLATION ADJUSTMENT.
Section 257(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in paragraph (1) by striking ``for inflation as
specified in paragraph (5),''; and
(2) by striking paragraph (5) and redesignating paragraph
(6) as paragraph (5).
SEC. 142. THE PRESIDENT'S BUDGET.
(a) Paragraph (5) of section 1105(a) of title 31, United States
Code, is amended to read as follows:
``(5) except as provided in subsection (b) of this section,
estimated expenditures and appropriations for the current year
and estimated expenditures and proposed appropriations the
President decides are necessary to support the Government in
the fiscal year for which the budget is submitted and at least
the 4 fiscal years following that year, and, except for
detailed budget estimates, the percentage change from the
current year to the fiscal year for which the budget is
submitted for estimated expenditures and for appropriations.''.
(b) Section 1105(a)(6) of title 31, United States Code, is amended
to read as follows:
``(6) estimated receipts of the Government in the current
year and the fiscal year for which the budget is submitted and
at least the 4 fiscal years after that year under--
``(A) laws in effect when the budget is submitted;
and
``(B) proposals in the budget to increase revenues,
and the percentage change (in the case of each category
referred to in subparagraphs (A) and (B)) between the current
year and the fiscal year for which the budget is submitted and
between the current year and each of the 9 fiscal years after
the fiscal year for which the budget is submitted.''.
(c) Section 1105(a)(12) of title 31, United States Code, is amended
to read as follows:
``(12) for each proposal in the budget for legislation that
establishes or expands a Government activity or function, a
table showing--
``(A) the amount proposed in the budget for
appropriation and for expenditure because of the
proposal in the fiscal year for which the budget is
submitted;
``(B) the estimated appropriation required because
of the proposal for each of at least the 4 fiscal years
after that year that the proposal will be in effect;
and
``(C) the estimated amount for the same activity or
function, if any, in the current fiscal year,
and, except for detailed budget estimates, the percentage
change (in the case of each category referred to in
subparagraphs (A), (B), and (C)) between the current year and
the fiscal year for which the budget is submitted.''.
(d) Section 1105(a)(18) of title 31, United States Code, is amended
by inserting ``new budget authority and'' before ``budget outlays''.
(e) Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraphs:
``(36) a comparison of levels of estimated expenditures and
proposed appropriations for each function and subfunction in
the current fiscal year and the fiscal year for which the
budget is submitted, along with the proposed increase or
decrease of spending in percentage terms for each function and
subfunction.
``(37) a table on sources of growth in total direct
spending under current law and as proposed in this budget
submission for the budget year and at least the ensuing 9
fiscal years, which shall include changes in outlays
attributable to the following: cost-of-living adjustments;
changes in the number of program recipients; increases in
medical care prices, utilization and intensity of medical care;
and residual factors.''.
(f) Section 1109(a) of title 31, United States Code, is amended by
inserting after the first sentence the following new sentence: ``For
discretionary spending, these estimates shall assume the levels no
higher than those set forth in the discretionary spending limits under
section 251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as adjusted, for the appropriate fiscal years (and if no such
limits are in effect, these estimates shall assume adjusted levels no
higher than those for the most recent fiscal year for which such levels
were in effect).''.
SEC. 143. THE CONGRESSIONAL BUDGET.
Section 301(e) of the Congressional Budget Act of 1974 (as amended
by section 103) is further amended--
(1) in paragraph (1), by inserting at the end the
following: ``The basis of deliberations in developing such
joint resolution shall be the estimated budgetary levels for
the preceding fiscal year. Any budgetary levels pending before
the committee and the text of the joint resolution shall be
accompanied by a document comparing such levels or such text to
the estimated levels of the prior fiscal year.''; and
(2) in paragraph (2), by striking ``and'' at the end of
subparagraph (H) (as redesignated), by striking the period and
inserting ``; and'' at the end of subparagraph (I) (as
redesignated), and by adding at the end the following new
subparagraph:
``(J) a comparison of levels for the current fiscal
year with proposed spending and revenue levels for the
subsequent fiscal years along with the proposed
increase or decrease of spending in percentage terms
for each function.''.
SEC. 144. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES.
(a) Comparable Levels.--The first sentence of section 202(e)(1) of
the Congressional Budget Act of 1974 is amended by inserting ``compared
to comparable levels for the current year'' before the comma at the end
of subparagraph (A) and before the comma at the end of subparagraph
(B).
(b) Sources of Spending Growth.--Section 202(e)(1) of the
Congressional Budget Act of 1974 is amended by inserting after the
first sentence the following new sentence: ``Such report shall also
include a table on sources of spending growth in total direct spending,
revenue, deficit and debt for the budget year and the ensuing 4 fiscal
years, which shall include changes in outlays attributable to the
following: cost-of-living adjustments; changes in the number of program
recipients; increases in medical care prices, utilization and intensity
of medical care; and residual factors.''.
(c) Comparison of Levels.--Section 308(a)(1)(B) of the
Congressional Budget Act of 1974 is amended by inserting ``and shall
include a comparison of those levels to comparable levels for the
current fiscal year'' before ``if timely submitted''.
SEC. 145. TREATMENT OF EMERGENCIES.
Section 257(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (as amended by section 141) is further amended by adding at
the end the following new paragraph:
``(6) Emergencies.--Budgetary resources for emergencies
shall be at the level provided in the reserve fund for
emergencies for that fiscal year pursuant to section 301(a)(4)
of the Congressional Budget Act of 1974.''.
TITLE II--SPENDING LIMITS AND DEFICIT CONTROL
SEC. 200. SHORT TITLE.
This title may be cited as the ``Spending Enforcement and Reform
Act of 2009''.
Subtitle A--Spending Limits and Deficit Control
SEC. 201. DISCRETIONARY SPENDING LIMITS.
(a) Discretionary Spending Limits.--Section 251 of the Balanced
Budget and Emergency Deficit Control of Act of 1985 is amended to read
as follows:
``(a) Discretionary Spending Limits.--For each fiscal year set
forth in this subsection, the total level of discretionary spending for
all nonexempt discretionary spending programs, projects, and activities
shall not exceed the following levels:
``(1) with respect to fiscal year 2011--
``(A) $1,058,021,000,000 in new budget authority;
and
``(B) $1,216,924,000,000 in outlays;
``(2) with respect to fiscal year 2012--
``(A) $1,068,938,000,000 in new budget authority;
and
``(B) $1,164,593,000,000 in outlays;
``(3) with respect to fiscal year 2013--
``(A) $1,079,387,000,000 in new budget authority;
and
``(B) $1,158,941,000,000 in outlays;
``(4) with respect to fiscal year 2014--
``(A) $1,094,344,000,000 in new budget authority;
and
``(B) $1,160,021,000,000 in outlays;
``(5) with respect to fiscal year 2015--
``(A) $1,113,727,000,000 in new budget authority;
and
``(B) $1,168,741,000,000 in outlays;
``(6) with respect to fiscal year 2016--
``(A) $1,138,053,000,000 in new budget authority;
and
``(B) $1,189,434,000,000 in outlays;
``(7) with respect to fiscal year 2017--
``(A) $1,162,849,000,000 in new budget authority;
and
``(B) $1,207,686,000,000 in outlays; and
``(8) with respect to fiscal year 2018--
``(A) $1,187,516,000,000 in new budget authority;
and
``(B) $1,226,788,000,000 in outlays; and
``(9) with respect to fiscal year 2019--
``(A) $1,214,197,000,000 in new budget authority;
and
``(B) $1,256,883,000,000 in outlays.
``(b) Sequence of Sequestration Reports.--Within 15 calendar days
after Congress adjourns to end a session and on the same day as a
spending reduction ordered under sections 252A, 252B, and 253, but
prior to any spending reduction required by sections 252A, 252B, and
253, OMB shall issue a final spending reduction report to reduce an
excess spending amount.
``(c) Spending Reduction Order.--A spending reduction ordered
pursuant to subsection (b) shall be implemented using the procedures
set forth in section 256.''.
(b) Conforming Amendment.--The item relating to section 251 in the
table of contents set forth in 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended to read as follows:
``Sec. 251. Discretionary spending limits.''.
SEC. 202. DIRECT SPENDING LIMITS.
(a) Control of Direct Spending.--The Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by adding after section 252 the
following new section:
``SEC. 252A. DIRECT SPENDING LIMITS.
``(a) Direct Spending Limits.--For fiscal year 2011 and each
ensuing fiscal year through fiscal year 2019, the total level of direct
spending for all direct spending programs, projects, and activities for
any such fiscal year shall not exceed the total level of spending for
all such programs, projects, and activities for the previous fiscal
year after the direct spending for each such program, project, or
activity is increased by the calculation made pursuant to section 257.
``(b) Sequence of Sequestration Reports.--Within 15 calendar days
after Congress adjourns to end a session and on the same day as a
spending reduction ordered under sections 251, 253, 252B, but after any
spending reduction required by section 251 and section 252A, OMB shall
issue a final spending reduction report to reduce an excess spending
amount (if any remains).
``(c) Spending Reduction Order.--A spending reduction ordered
pursuant to subsection (b) shall be implemented using the procedures
set forth in section 256.''.
(b) Conforming Amendment.--The table of contents set forth in
250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985
is amended by amending the item relating to section 256 to read as
follows:
``Sec. 252A. Enforcing direct spending limits.''.
SEC. 203. TOTAL SPENDING LIMITS.
(a) Total Spending Limits.--After section 252A of the Balanced
Budget and Emergency Deficit Control Act of 1985, add the following new
section:
``SEC. 252B. TOTAL SPENDING LIMITS.
``(a) Projections.--
``(1) Spending projections.--For the current fiscal year
and each subsequent ten fiscal years:
``(A) OMB shall prepare a report comparing
projected total spending under section 257 and the
total spending limits in subsection (d), and include
such report in the budget as submitted by the President
annually under section 1105(a) of title 31, United
States Code.
``(B) CBO shall prepare a report comparing
projected total spending under section 257 and the
total spending limits in subsection (d) and include
such report in the CBO annual baseline and reestimate
of the President's budget.
``(2) Inclusion in spending reduction orders.--Reports
prepared pursuant to subsection (a) shall be included in the
spending reduction report set forth in subsection (b).
``(b) Spending Reduction Report.--Within 15 calendar days after
Congress adjourns to end a session and on the same day as a spending
reduction ordered under sections 251, 252A, and 253, but after any
spending reduction required by sections 251 and 252A, but before
section 253, OMB shall issue a spending reduction report to reduce an
excess spending amount (if any remains).
``(c) Spending Reduction Order.--A spending reduction ordered
pursuant to subsection (b) shall be implemented using the procedures
set forth in section 256.
``(d) Total Spending Limits.--
``(1) fiscal year 2010: 25 percent;
``(2) fiscal year 2011: 24 percent;
``(3) fiscal year 2012: 22 percent;
``(4) fiscal year 2013: 22 percent;
``(5) fiscal year 2014: 22 percent;
``(6) fiscal year 2015: 22 percent;
``(7) fiscal year 2016: 22 percent;
``(8) fiscal year 2017: 21 percent;
``(9) fiscal year 2018: 21 percent; and
``(10) fiscal year 2019 and each year thereafter: 20
percent;
of the projected GDP for the budget year.
``(e) Temporary Adjustment Authority.--OMB shall make adjustments
to the total spending limits set forth in subsection (d)(6) and the
years thereafter equal to the percentage level of--
``(1) the average per capita benefit for OASDI and Medicare
eligible retirees born during the period of fiscal years 1946
through 1964 receiving benefits under the OASDI and Medicare
programs in fiscal year 2014;
``(2) multiplied by the increase in the number of such
beneficiaries in the applicable fiscal year from the number of
such beneficiaries in fiscal year 2014;
``(3) adjusted for--
``(A) the blend of the Consumer Price Index and the
Medical Economic Index for Medicare programs; and
``(B) the Consumer Price Index for OASDI programs;
and
``(4) as a percentage of the gross domestic product of the
applicable fiscal year.
OMB may modify the adjustments required by this subsection in order
that the spending limits accommodate the OASDI and Medicare benefits of
individuals who were born during the period of fiscal years 1946
through 1964.
``(f) Additional Temporary Adjustment Authority.--OMB shall make
further adjustments to the total spending limits for any fiscal year
set forth in subsection (d) to ensure that any individual who is at
least 55 years of age on January 1 of the calendar year in which this
subsection is enacted shall receive full benefits under the OASDI and
Medicare programs.''.
(b) Definitions.--Section 3 of such Act (2 U.S.C. 622) is further
amended by adding at the end the following new paragraph:
``(14) The term `total spending' means all outlays of the
Federal Government including those from off-budget entities and
budget authority and outlays flowing therefrom, as applicable,
designated as emergencies.''.
(c) Conforming Amendment.--The table of contents set forth in
250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985
is amended by inserting after the item relating to section 252A the
following new item:
``Sec. 252B. Total spending limits.''.
SEC. 204. DEFICIT LIMITS.
(a) Amend section 253 of the Balanced Budget and Emergency Deficit
Control Act of 1985 to read as follows:
``SEC. 253. DEFICIT LIMITS.
``(a) Deficit Projections.--
``(1) Deficit amounts.--For the current fiscal year and
each subsequent ten fiscal years:
``(A) OMB shall prepare a report comparing
projected total deficits and the Deficit Limits in
subsection (d), and include such report in the budget
as submitted by the President annually under section
1105(a) of title 31, United States Code.
``(B) CBO shall prepare a report comparing
projected deficits amounts and the Deficit Limits in
subsection (d) and include such report in the CBO
annual baseline and reestimate of the President's
budget.
``(2) Inclusion in spending reduction orders.--Reports
prepared pursuant to subsection (a) shall be included in the
spending reduction report set forth in subsection (c).
``(b) Deficit Reduction Report.--Within 15 calendar days after
Congress adjourns to end a session and on the same day as a spending
reduction ordered under sections 251, 252A, and 252B, but after any
spending reduction required by section 251, OMB shall issue a spending
reduction report to reduce an excess spending amount (if any remains).
``(c) Deficit Reduction Order.--A spending reduction ordered
pursuant to subsection (b) shall be implemented using the procedures
set forth in section 256.
``(d) Deficit Limits.--In this section, the term `Deficit Limit'
means an amount that equals with respect to--
``(1) fiscal year 2011: 6.9 percent;
``(2) fiscal year 2012: 4.8 percent;
``(3) fiscal year 2013: 4.3 percent;
``(4) fiscal year 2014: 4.2 percent;
``(5) fiscal year 2015: 3.9 percent;
``(6) fiscal year 2016: 3.6 percent;
``(7) fiscal year 2017: 3.1 percent;
``(8) fiscal year 2018: 2.6 percent; and
``(9) fiscal year 2019: 2.0 percent.
of the projected GDP for the budget year.
``(e) Temporary Adjustment Authority.--OMB shall make adjustments
to the Deficit Limits set forth in subsection (d)(5) and the years
thereafter consistent with any adjustments made pursuant to subsections
(e) and (f) of section 252B.''.
(b) Conforming Amendment.--The item relating to section 253 in the
table of contents set forth in section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended to read as
follows:
``Sec. 253. Deficit limits.''.
Subtitle B--Reports and Orders
SEC. 211. REPORTS AND ORDERS.
Section 254 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 254. REPORTS AND ORDERS.
``(a) Timetable.--
``Date: Action to be completed:
5 days before the President's budget CBO sequestration preview report.
submission.
President's budget submission........... OMB sequestration preview report.
August 10............................... CBO sequestration update report.
August 20............................... OMB sequestration update report.
10 days after end of session............ CBO sequestration final report.
15 days after end of session............ OMB sequestration final report; Presidential order
``(b) Submission and Availability of Reports.--Each report required
by this section shall be submitted to the Budget Committees of the
House of Representatives and the Senate. On the following day a notice
of the report shall be printed in the Federal Register.
``(c) Sequestration Preview Reports.--
``(1) Reporting requirement.--On the dates specified in
subsection (a), OMB and CBO shall issue a preview report
regarding discretionary, pay-as-you-go, and deficit
sequestration based on laws enacted through those dates.
``(2) Discretionary spending limit sequestration report.--
The preview reports shall set forth estimates for the current
year and each subsequent year through 2019 of the applicable
discretionary spending limits and an explanation of any
adjustments in such limits under section 251.
``(3) Direct spending limit sequestration report.--The
preview reports shall set forth, for the current year and the
budget year, estimates for each of the following:
``(A) The amount of total direct spending, if any,
calculated under subsection 252A(b).
``(B) A list identifying each law enacted and
sequestration implemented after the date of enactment
of this section included in the calculation of the
amount of deficit increase or decrease and specifying
the budgetary effect of each such law.
``(C) The sequestration percentage or percentages
necessary to eliminate a deficit increase under section
252A(C).
``(4) Total spending limit sequestration report.--The
preview reports shall set forth for the budget year estimates
for each of the following:
``(A) The total spending limit and the estimated
total spending amount calculated under section 252A,
and the excess deficit.
``(B) The amount of reductions required under
sections 251 and 252A, the excess total spending amount
remaining after those reductions have been made.
``(C) The sequestration percentage necessary to
achieve the required reduction in any fiscal year for
which a Deficit Limit is set forth pursuant to this
Act.
``(5) Deficit limit sequestration report.--The preview
reports shall set forth for the budget year estimates for each
of the following:
``(A) The maximum deficit amount, the estimated
deficit calculated under section 253(b), the excess
deficit;
``(B) The amount of reductions required under
sections 251, 252A and 252B, the excess deficit
remaining after those reductions have been made; and
``(C) The sequestration percentage necessary to
achieve the required reduction in any fiscal year for
which a Deficit Limit is set forth pursuant to this
Act.
``(6) Explanation of differences.--The OMB reports shall
explain the differences between OMB and CBO estimates for each
item set forth in this subsection.
``(d) Sequestration Update Reports.--On the dates specified in
subsection (a), OMB and CBO shall issue a sequestration update report,
reflecting laws enacted through those dates, containing all of the
information required in the sequestration preview reports.
``(e) Final Sequestration Reports.--
``(1) Reporting requirement.--On the dates specified in
subsection (a), OMB and CBO shall issue a final sequestration
report, updated to reflect laws enacted through those dates.
``(2) Discretionary spending sequestration reports.--The
final reports shall set forth estimates for each of the
following:
``(A) For the current year and each subsequent year
the applicable discretionary spending limits for each
category and an explanation of any adjustments in such
limits under section 251.
``(B) For the current year and the budget year the
estimated new budget authority and outlays for each
category and the breach, if any, in each category.
``(C) For each category for which a sequestration
is required, the sequestration percentages necessary to
achieve the required reduction.
``(D) For the budget year, for each account to be
sequestered, estimates of the baseline level of
budgetary resources subject to sequestration and
resulting outlays and the amount of budgetary resources
to be sequestered and resulting outlay reductions.
``(3) Direct spending, total spending, and deficit limit
sequestration reports.--The final reports shall contain all the
information required in the direct spending, total spending,
and Deficit Limit sequestration preview reports. In addition,
these reports shall contain, for the budget year, for each
account to be sequestered, estimates of the baseline level of
sequestrable budgetary resources and resulting outlays and the
amount of budgetary resources to be sequestered and resulting
outlay reductions. The reports shall also contain estimates of
the effects on outlays of the sequestration in each outyear for
direct spending programs.
``(4) Explanation of differences.--The OMB report shall
explain any differences between OMB and CBO estimates of the
amount of any net direct spending change calculated under
section 252A, any excess deficit, any breach, and any required
sequestration percentage. The OMB report shall also explain
differences in the amount of sequesterable resources for any
budget account to be reduced if such difference is greater than
$5,000,000.
``(5) Presidential order.--On the date specified in
subsection (a), if in its final sequestration report OMB
estimates that any sequestration is required, the President
shall issue an order fully implementing without change all
sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
``(f) Within-Session Sequestration Reports.--If an appropriation
for a fiscal year in progress is enacted (after Congress adjourns to
end the session for that budget year and before July 1 of that fiscal
year) that causes a breach, 10 days later CBO shall issue a report
containing the information required in subsection (e)(2). Fifteen days
after enactment, OMB shall issue a report containing the information
required in subsections (e)(2) and (e)(4). On the same day as the OMB
report, the President shall issue an order fully implementing without
change all sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
``(g) GAO Compliance Report.--Upon request of the Committee on the
Budget of the House of Representatives or the Senate, the Comptroller
General shall submit to the Congress and the President a report on--
``(1) the extent to which each order issued by the
President under this section complies with all of the
requirements contained in this part, either certifying that the
order fully and accurately complies with such requirements or
indicating the respects in which it does not; and
``(2) the extent to which each report issued by OMB or CBO
under this section complies with all of the requirements
contained in this part, either certifying that the report fully
and accurately complies with such requirements or indicating
the respects in which it does not.
``(h) Low-Growth Report.--At any time, CBO shall notify the
Congress if--
``(1) during the period consisting of the quarter during
which such notification is given, the quarter preceding such
notification, and the 4 quarters following such notification,
CBO or OMB has determined that real economic growth is
projected or estimated to be less than zero with respect to
each of any 2 consecutive quarters within such period; or
``(2) the most recent of the Department of Commerce's
advance preliminary or final reports of actual real economic
growth indicate that the rate of real economic growth for each
of the most recently reported quarter and the immediately
preceding quarter is less than one percent.
``(i) Economic and Technical Assumptions.--In all reports required
by this section, OMB shall use the same economic and technical
assumptions as used in the most recent budget submitted by the
President under section 1105(a) of title 31, United States Code''.
SEC. 212. SPENDING AND DEFICIT LIMITS ENFORCEMENT.
(a) Conforming Amendments to Section 312.--Section 312 of the
Congressional Budget Act of 1974 is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Budget Committee Determinations.--For purposes of this title,
the levels of new budget authority, outlays, direct spending, deficits,
revenues, and debt, or the increases or decreases of such levels for
purpose of section 303, shall be determined on the basis of estimates
made by the Committee on the Budget of the House of Representatives or
the Senate, as applicable.''.
(2) by striking subsections (b) and (c) and redesignating
subsections (d), (e), and (f) as (h), (i), and (j).
(b) Enforcement Amendments to Section 312.--Section 312 of the
Congressional Budget Act of 1974 is further amended by adding at the
end the following new subsections after subsection (a):
``(b) Discretionary Spending Limit Point of Order.--It shall not be
in order in the House of Representatives or the Senate to consider any
bill, joint resolution, amendment, concurrent resolution, or conference
report that--
``(1) causes the discretionary spending limits for the
budget year to be breached;
``(2) increases the discretionary spending limits for the
budget year or any ensuing fiscal year; or
``(3) includes any provision that has the effect of
modifying the application of section 251 of the Balanced Budget
and Emergency Deficit Control Act of 1985.
``(c) Direct Spending Limit Point of Order.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill, joint resolution, amendment, concurrent resolution, or conference
report that--
``(1) causes the direct spending limits for the budget year
to be breached; or
``(2) increases aggregate level of direct spending for any
ensuing fiscal year.
``(d) Total Spending Limit Point of Order.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill, joint resolution, concurrent resolution, amendment, or conference
report that--
``(1) causes the total spending limits for the budget year,
as a percentage of gross domestic product, to be breached; or
``(2) increases outlays above the total spending limits, as
a percentage of gross domestic product, for the budget year or
any ensuing fiscal year after the budget year.
``(e) Deficit Limit Point of Order.--It shall not be in order in
the House of Representatives or the Senate to consider any bill, joint
resolution, amendment, concurrent resolution, or conference report
that--
``(1) causes the Deficit Limits for the budget year, as a
percentage of gross domestic product, to be breached; or
``(2) increases the amount of deficit, as a percentage of
gross domestic product, for the budget year or any ensuing
fiscal year.
``(f) Sequestration Application.--It shall not be in order in the
House of Representatives or the Senate to consider any bill, joint
resolution, amendment, concurrent resolution, or conference report
that--
``(1) includes any provision that has the effect of
modifying the application of section 256 of the Balanced Budget
and Emergency Deficit Control Act of 1985 to any program
subject to sequestration or exempt from sequestration; and
``(2) includes any provision that has the effect of
modifying the application of section 251, 252A, 252B or 253 to
any program subject to sequestration or exempt from
sequestration.
``(g) Waiver or Suspension.--The provisions of this section may be
waived or suspended:
``(1) In the senate.--In the Senate only by the affirmative
vote of three-fifths of the Members, duly chosen and sworn.
``(2) In the house of representatives.--In the House of
Representatives:
``(A) Only by a rule or order proposing only to
waive such provisions by an affirmative vote of two-
thirds of the Members, duly chosen and sworn.
``(B) It shall not be in order to consider a rule
or order that waives the application of subparagraph
(A).
``(C) It shall not be in order for the Speaker to
entertain a motion to suspend the application of this
section under clause 1 of rule XV of the Rules of the
House of Representatives.''.
SEC. 213. SPENDING REDUCTION ORDERS.
(a) In General.--Section 256 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended to read as follows:
``SEC. 256. SPENDING REDUCTION ORDER.
``(a) Application.--A spending reduction order issued pursuant to
this part shall apply to eliminate breaches of the limits set forth in
sections 251 (discretionary spending limits), 252A (direct spending
limits), 253 (Deficit Limits) and 252B (total spending limits).
``(b) Waiver or Suspension.--(1) In the Senate, the provisions of
this section may be waived or suspended in the Senate only by the
affirmative vote of two-thirds of the Members, duly chosen and sworn.
``(2) In the House--
``(A) The provisions of this section may be waived or
suspended in the House of Representatives only by a rule or
order proposing only to waive such provisions by an affirmative
vote of two-thirds of the Members, duly chosen and sworn.
``(B) It shall not be in order to consider a rule or order
that waives the application of paragraph (1).
``(C) It shall not be in order for the Speaker to entertain
a motion to suspend the application of this section under
clause 1 of rule XV of the Rules of the House of
Representatives.
``(c) General Rules.--
``(1) Calculation of spending reduction percentage.--OMB
shall include in its final spending sequestration report a
requirement that each nonexempt spending account shall be
reduced by an amount of budget authority calculated by
multiplying the baseline level of budgetary resources in that
account at that time by the uniform percentage necessary to
reduce outlays sufficient to eliminate an excess spending
amount.
``(2) Exemptions.--The following shall be exempt from
reduction under any order issued under this part:
``(A) Payments for net interest.
``(B) Benefits payable under the old-age,
survivors, and disability insurance program established
under title II of the Social Security Act if--
``(i) OASDI Trust Funds are actuarially
solvent in the 75-year period utilized in the
most recent annual report of the Board of
Trustees provided pursuant to section 201(C)(2)
of the Social Security Act; and
``(ii) OASDI Trust Funds have not run a
cash deficit in the fiscal year prior to the
transmittal of the most recent Sequestration
Preview Report.
``(C) Benefits provided to veterans defined as
direct spending payable by the Department of Veterans
affairs.
``(D) Obligated balances of budget authority
carried over from prior fiscal years.
``(E) Any obligations of the Federal Government
required to be paid under the United States
Constitution or legally contractual obligations.
``(F) Provisions of spending legislation designated
by the President, and so designated in statute, as an
emergency, except an amount of budget authority and the
outlays flowing therefrom so designated that is above
the emergency reserve fund as calculated in section
317(b) of the Congressional Budget Act of 1974 shall
not be exempt.
``(G) Any program whose growth in the budget year
is equal to or less than the consumer price index.
``(H) Intergovernmental transfers.
``(3) One-percent reduction limitation.--No program shall
be subject to a spending reduction of more than one percent of
its budgetary resources.
``(4) Calculation of spending reduction.--The percentage
required to produce a spending reduction, as ordered by a
spending reduction order, shall be calculated by OMB by adding
all budgetary resources of the Government, and reducing that
amount by an amount sufficient to reduce the total amount of
outlays of the Government to equal, or lower, a level of
outlays than the amount set forth in the guideline period.
``(5) Application.--Once issued, a spending reduction shall
be applied to nonexempt programs as follows:
``(A) Budgetary resources subject to a spending
reduction to any discretionary account shall be
permanently canceled.
``(B) The same percentage spending reduction shall
apply to all programs, projects, and activities within
a budget account (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying report for the relevant fiscal year
covering that account, or for accounts not included in
appropriation Acts, as delineated in the most recently
submitted President's budget).
``(C) Administrative regulations implementing a
spending reduction shall be made within 120 days of the
issue of a spending reduction order.
``(6) OASDI special procedures.--If the OASDI Trust Funds
are subject to sequestration, then payments from such Trust
Funds shall be treated the same as other programs, except--
``(A) reductions from such Trust Funds shall not
exceed one percent of the 75-year unfunded liability
set forth in the most current Social Security Trustees
Report;
``(B) reduction in individual benefits shall be
implemented by increasing the Normal Retirement Age
(NRA) by an amount certified by the Social Security
Office of the Chief Actuary;
``(C) the increase in the NRA shall not be applied
to any beneficiary born in a year 55 years or before--
``(i) the year of the enactment of the
Spending, Deficit, and Debt Control Act of
2009; or
``(ii) the year in which the final spending
sequestration report is issued; and
``(D) no change in the NRA shall be made before it
is fully phased-in under the Social Security Act as in
effect before the date of enactment of the Spending,
Deficit, and Debt Control Act of 2009.
``(d) Discretionary Spending Sequestration.--
``(1) Eliminating a breach.--Each nonexempt account shall
be reduced by an amount of budget authority calculated by
multiplying the baseline level of budgetary resources subject
to sequestration in that account at that time by the uniform
percentage necessary to eliminate a breach by--
``(A) first, calculating the uniform percentage
necessary to eliminate a breach in new budget
authority, if any, and
``(B) second, if any breach in outlays remains,
increasing the uniform percentage to a level sufficient
to eliminate that breach.
``(2) Emergency spending above the reserve fund.--An amount
of budget authority and the outlays flowing therefrom
designated in statute as an emergency that is above level in
the emergency reserve fund as calculated in Section 317(b) of
the Congressional Budget Act of 1974 shall count toward the
discretionary spending limits.
``(3) Part-year appropriations.--If, on the date specified
in paragraph (1), there is in effect an Act making or
continuing appropriations for part of a fiscal year for any
budget account, then the dollar sequestration calculated for
that account under paragraph (2) shall be subtracted from--(A)
the annualized amount otherwise available by law in that
account under that or a subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is enacted,
from the amount otherwise provided by the full year
appropriation.
``(4) Look-back.--If, after June 30, an appropriation for
the fiscal year in progress is enacted that causes a breach for
that year, the discretionary spending limits for the next
fiscal year shall be reduced by the amount of the breach.
``(5) Within-session sequestration.--If an appropriation
for a fiscal year in progress is enacted (after Congress
adjourns to end the session for that budget year and before
July 1 of that fiscal year) that causes a breach for that year
(after taking into account any prior sequestration of amounts),
15 days later there shall be a sequestration to eliminate that
breach following the procedures set forth in paragraphs (2)
through (3).
``(6) Estimates.--
``(A) CBO estimates.--As soon as practicable after
Congress completes action on any discretionary
appropriation, CBO, after consultation with the
Committees on the Budget of the House of
Representatives and the Senate, shall provide OMB with
an estimate of the amount of discretionary new budget
authority and outlays for the current year (if any) and
the budget year provided by that legislation.
``(B) OMB estimates.--Not later than seven calendar
days (excluding Saturdays, Sundays, and legal holidays)
after the date of enactment of any discretionary
appropriation, OMB shall transmit a report to the House
of Representatives and to the Senate containing the CBO
estimate of that legislation, an OMB estimate of the
amount of discretionary new budget authority and
outlays for the current year (if any) and the budget
year provided by that legislation, and an explanation
of any difference between the two estimates.
``(C) Explanation of differences between omb and
omb estimates.--If OMB determines that there is a
significant difference between OMB and CBO reports
prepared pursuant to subparagraph (A) and (B), OMB
shall consult with the Committees on the Budget of the
House of Representatives and the Senate regarding that
difference and that consultation shall include, to
extent practicable, written communication to those
committees that affords such committees the opportunity
to comment before the issuance of the report.
``(D) Assumptions and guidelines.--OMB estimates
under this paragraph shall be made using current
economic and technical assumptions. OMB shall use the
OMB estimates transmitted to the Congress under this
paragraph. OMB and CBO shall prepare estimates under
this paragraph in conformance with scorekeeping
guidelines determined after consultation among the
House of Representatives and Senate Committees on the
Budget, CBO, and OMB.
``(E) Annual appropriations.--For purposes of this
paragraph, amounts provided by annual appropriations
shall include any new budget authority and outlays for
the current year (if any) and the budget year in
accounts for which funding is provided in that
legislation that result from previously enacted
legislation.
``(7) Discretionary sequestration limitation.--If
appropriations for a fiscal year do not require a sequester
pursuant to the discretionary spending limits set forth in this
Act, discretionary accounts shall not be subject to
sequestration under sections 252A, 252B or 253.''.
(b) Low-Growth Amendment.--Amend section 258(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 to read as follows:
``(b) Suspension of Sequestration Procedures.--Upon the enactment
of a declaration of war or a joint resolution described in subsection
(a)--
``(1) the subsequent issuance of any sequestration report
to enforce the spending limits in section 252B or the Deficit
Limits in section 253 order is precluded;
``(2) sections 302(f), 310(d), 311(a), of the Congressional
Budget Act of 1974 are suspended; and
``(3) section 1103 of title 31, United States Code, is
suspended.''.
(c) Technical and Conforming Amendments.--(1) Repeals.--section 255
of the Balanced Budget and Emergency Deficit Control Act of 1985 is
repealed.
(2) Conforming Amendment.--the item relating to section 256 in the
table of contents set forth in section 250(a) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended to read as
follows:
``Sec. 256. Spending reduction order.''.
TITLE III--LONG-TERM BUDGETING
SEC. 300. SHORT TITLE; PURPOSES.
This title may be cited as ``Budget Reform and Long-Term
Sustainability Act of 2009''
SEC. 301. CBO AND OMB PROJECTIONS.
(a) Congressional Budget Office.--At the end of section 308 of the
Congressional Budget Act of 1974, add the following:
``(d) Long-Term Projections.--Not later than February 15 of each
calendar year after the date of enactment of this subsection, the
Director of the Congressional Budget Office shall issue a report
projecting total spending, revenue, deficits, and debt for 75 years
beginning with such fiscal year as a percentage of gross domestic
product annually based on current law levels as modified to maintain
current policy.
``(e) CBO Spending Review Report Issuance.--As a component of the
report required by subsection (d), the Congressional Budget Office
shall issue a Spending Review Report and transmit such report to the
Committees on the Budget of the House of Representatives and the
Senate.
``(f) Content of Spending Review Report.--The content of the
Spending Review Report referred to in subsection (e) shall include
analyses of the following:
``(1) OASDI.--The solvency of the Old-Age, Survivors, and
Disability Insurance Trust Fund;
``(2) Medicare.--The long-range sustainability of the
spending levels of Medicare;
``(3) Medicaid.--The long-range sustainability of the
spending levels of Medicaid; and
``(4) Other direct spending.--The long-range sustainability
of spending levels of other direct spending.
``(g) Definitions.--For purposes of the development of the Spending
Review Report referred to in subsection (b):
``(1) Solvency of the oasdi.--The term `solvency' as used
in this section means the solvency of the Old-Age Security and
Disability Insurance Trust Funds over a 75-year period
beginning in the year the Spending Review Report is reported.
``(2) Sustainability.--The term `sustainability' means the
following:
``(A) Medicare.--The Medicare program is
sustainable if it is projected to grow, beginning in
the tenth year following the date of the enactment of
this Act from the fixed percentage of Gross Domestic
Product in the year prior to the date of enactment of
this subsection, adjusted by the adjustment formula as
set forth in section 252B(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985;
``(B) Medicaid.--The Medicaid program is
sustainable if its outlays, excluding those designated
as emergencies, are projected to grow from the fixed
percentage of Gross Domestic Product in the year prior
to the date of the enactment of this Act, adjusted by a
rate no higher than a blend of the Consumer Price Index
and the Medical Economic Index, as adjusted after
fiscal year 2018 using the same calculation, excluding
benefits provided from the OASDI Trust funds, as that
set forth in section 252B(e) of the Balanced Budget and
Emergency Deficit Control Act of 1985 to reflect the
increase in the the number of Medicare eligible
retirees receiving benefiits in the program relative to
fiscal year 2018.
``(C) Other direct spending.--Other direct spending
is direct spending other than OASDI, the Medicare and
Medicaid program and is sustainable if it grows from a
fixed percentage of gross domestic product in fiscal
year 2008.''.
(b) Office of Management and Budget.--Section 1105(a) of title 31,
United States Code, (as amended by section 142(e)) is further amended
by adding at the end the following:
``(38) long-term projections of total spending over 75
years as a percentage of gross domestic product annually and
the impact of proposed policies over that period.''.
SEC. 302. GAO AND OMB STATEMENTS OF THE FEDERAL GOVERNMENT'S FINANCIAL
CONDITION.
(a) Government Accountability Office.--On or before April 15 of
each fiscal year, the Government Accountability Office shall submit a
report on the federal government's financial condition, including the
long-term unfunded obligations.
(b) Definition of Long-Term Unfunded Obligations.--Section 3 of the
Congressional Budget Act of 1974 is further amended by adding at the
end the following new paragraph, and redesignate the paragraph
accordingly:
``(11) Unfunded obligations.--The term `Unfunded
Obligations' means the dollar sum of the Total Net Position as
displayed in the United States Government Balance Sheets
contained within the most recently published Financial Report
of the United States Government; plus the 75-year actuarial
balances, using the intermediate open-group assumption, of
Medicare's Hospital Insurance, Supplementary Medical Insurance,
and Prescription Drug programs contained within the most
recently published Annual Report of the Boards of Trustees of
the Federal Hospital Insurance and Federal Supplementary
Medical Insurance Trust Funds; plus the 75-year actuarial
balance, using the intermediate open group assumption, of the
Old-Age Survivors and Disability Insurance program contained
within the most recently published Annual Report of the Board
of Trustees of the Federal Old-Age and Survivors Insurance and
Federal Disability Insurance Trust Funds.''.
(c) Office of Management and Budget.--Section 1105(a) of title 31,
United States Code, (as amended by section 301(b)) is further amended
by adding at the end the following:
``(39) a report on the Federal Government's financial
condition, the including the long-term unfunded obligations.''.
SEC. 303. FIVE-YEAR FISCAL SUSTAINABILITY REVIEW.
Title III of the Congressional Budget Act of 1974 (as amended by
section 126(a)) is further amended by adding at the end the following
new section:
``five-year fiscal sustainability review
``Sec. 319. (a) Congressional Spending Review Report.--Not later
than 15 calendar days after the date of the transmittal of the report
referred to in subsection 308(e), the Committees on the Budget of the
House of Representatives and the Senate shall issue, and have printed
in the Congressional Record, an assessment of such report.
``(b) Committee Recommendations.--Not later than 15 calendar days
after the date of the report of the review referred to in subsection
(c), the committees of the House of Representatives and the Senate
shall consider and vote to submit to the Committees on the Budget of
the House of Representatives and Senate, as applicable,
recommendations, if any, such committees deem appropriate in response
to the Spending Review Report issued pursuant to subsection (c).
``(c) Expedited Consideration of Spending Review Legislation.--
``(1) Consideration in the house of representatives.--
``(A) Introduction of spending review
legislation.--
``(i) If the report referred to in section
308 indicates that the OASDI Trust Funds are
not solvent, or that Medicare, Medicaid or
other direct spending programs are not
sustainable, or total spending exceeds the
limits set forth in section 252B for any year
within the 75-year period referred to in such
report, then not later than 30 calendar days
after the transmittal of the report referred to
in subsection (a), if any, the majority leader
and minority leader of the House of
Representatives shall each introduce
legislation implementing to the extent
practicable the recommendations referred to in
subsection (d), or if necessary additional
spending reduction sufficient to achieve the
spending levels referred to in subsection (b).
``(ii) If Spending Review Legislation is
not introduced pursuant to this subparagraph by
the majority leader or minority leader, then
not later than 45 calendar days after the
transmittal of the report referred to in
subsection (a), the chairman or ranking member
of the Committee on the Budget shall introduce
Spending Review Legislation sufficient to
achieve the same spending levels.
``(iii) Spending review legislation shall
be referred solely to the House of
Representatives Budget Committee, which shall
have sole jurisdiction of such legislation.
``(iv) Spending review legislation
introduced pursuant to this section shall cause
total spending to be reduced by an amount equal
or greater than the amount of the breach of the
limits set forth in section 252B, and shall
cause the OASDI Trust Funds to achieve
solvency, and shall cause Medicare, Medicaid,
and other direct spending programs to achieve
sustainability.
``(B) Referral and reporting.--The Committee on the
Budget of the House of Representatives shall report
Spending Review Legislation to the House of
Representatives not later than the seventh legislative
day after the date of introduction of the legislation
referred to in subparagraph (A). If such committee
fails to report the Spending Review Legislation within
that period or the House of Representatives 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 Spending Review Legislation and it shall be placed
on the appropriate calendar.
``(C) Proceeding to consideration.--After Spending
Review Legislation is reported by or discharged from
the Committee on the Budget or the House of
Representatives 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 Spending Review Legislation in the House
of Representatives. Such a motion shall be in order 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 of Representatives 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.
``(D) Consideration.--The Spending Review
Legislation shall be considered as read. All points of
order against Spending Review Legislation and against
its consideration are waived. The previous question
shall be considered as ordered on an Spending Review
Legislation 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 Spending Review
Legislation. A motion to reconsider the vote on passage
of the Spending Review Legislation shall not be in
order.
``(E) Senate spending review legislation.--Spending
Review Legislation received from the Senate shall not
be referred to committee.
``(2) Consideration in the senate.--
``(A) Motion to proceed to consideration.--A motion
to proceed to the consideration of Spending Review
Legislation 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.
``(B) Limits on debate.--Debate in the Senate on
Spending Review Legislation 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.
``(C) Appeals.--Debate in the Senate on any
debatable motion or appeal in connection with Spending
Review Legislation under this subsection shall be
limited to not more than 1 hour, to be equally divided
and controlled in the usual form.
``(D) Motion to limit debate.--A motion in the
Senate to further limit debate on Spending Review
Legislation under this subsection is not debatable.
``(E) Motion to recommit.--A motion to recommit
Spending Review Legislation under this subsection is
not in order.
``(F) Consideration of the house of representatives
spending review legislation.--
``(i) In general.--If the Senate has
received the House of Representatives companion
resolution to the Spending Review Legislation
introduced in the Senate prior to the vote
required under paragraph (1)(C), then the
Senate may consider, and the vote under
paragraph (1)(C) may occur on, the House of
Representatives companion resolution.
``(ii) Procedure after vote on senate
spending review legislation.--If the Senate
votes, pursuant to paragraph (1)(C), on the
Spending Review Legislation introduced in the
Senate, then immediately following that vote,
or upon receipt of the House of Representatives
companion resolution, the House of
Representatives Spending Review Legislation
shall be deemed to be considered, read the
third time, and the vote on passage of the
Senate resolution shall be considered to be the
vote on the Spending Review Legislation
received from the House of Representatives.
``(3) Jurisdiction.--The Committees on the Budget of the
House of Representatives and Senate shall have exclusive
jurisdiction over any Spending Review Legislation and all the
provisions therein for all purposes of the rules of either
House.''.
SEC. 304. LONG-TERM RECONCILIATION.
(a) Long-Term Reconciliation.--Section 310 of the Congressional
Budget Act of 1974 is amended as follows:
``(h) Long-Term Reconciliation Directives in a Joint Resolution on
the Budget.--
``(1) Long-term reconciliation directives.--In addition to
a reconciliation measure as set forth in subsection (a), a
joint resolution on the budget for any fiscal year, to the
extent necessary to effectuate the spending levels as set forth
for such categories in section 301(a) (providing for long-term
spending levels as a percentage of gross domestic product) of
such resolution, shall--
``(A) specify the total amount by which Medicare,
Medicaid, the OASDI Trust Funds, and other direct
spending outlays are to be reduced within the
jurisdiction of a committee as a percentage of gross
domestic product of such fiscal year; and
``(B) direct that committee to determine and
recommend changes to accomplish a reduction of such
total amount for such categories as a percentage of
gross domestic product.
``(2) Limitation on amendments to long-term reconciliation
legislation.--
``(A) It shall not be in order in the House of
Representatives to consider any amendment to a
reconciliation bill or reconciliation resolution if
such amendment decreases outlay reductions below the
level of such outlay reductions provided (for the
fiscal years covered) in the reconciliation
instructions which relate to such long-term
reconciliation bill.
``(B) It shall not be in order in the Senate to
consider any amendment to a reconciliation bill or
reconciliation resolution if such amendment decreases
outlay reductions below the level of such outlay
reductions provided (for the fiscal years covered) in
the reconciliation instructions which relate to such
long-term reconciliation bill.
``(C) Subparagraphs (A) and (B) shall not apply if
a declaration of war by the Congress is in effect.
``(D) For purposes of this section, the levels of
outlays as a percentage of a gross domestic product for
a fiscal year shall be determined on the basis of
estimates made by the Committee on the Budget of the
House of Representatives or of the Senate.
``(E) The Committee on Rules of the House of
Representatives may make in order amendments to achieve
outlay reductions specified by reconciliation
directives contained in a joint resolution on the
budget if a committee or committees of the House of
Representatives fail to submit recommended reductions
in outlays as a percentage or gross domestic product to
its Committee on the Budget pursuant to its
instruction.
``(F) In the Senate, a motion to strike a provision
shall always be in order.
``(3) Subject matter.--Subject matter included in a long-
term reconciliation bill may be any of the following:
``(A) Any part of the Medicare program.
``(B) Medicaid.
``(C) The Old-Age, Survivors, and Disability
Insurance Trust Fund.
``(D) Other direct spending.
``(4) Application.--Subsections (c), (d), and (g) shall not
apply to long-term reconciliation measures reported under this
subsection.''.
(b) Conforming Amendment.--In section 310(b) of the Congressional
Budget Act of 1974, strike ``subsection (a)'' and insert ``subsections
(a) and (h)''.
SEC. 305. LONG-TERM SPENDING INCREASE POINT OF ORDER.
(a) In General.--Title III of the Congressional Budget Act of 1974
(as amended by section 303) is further amended by adding at the end the
following new section:
``long-term spending increase point of order
``Sec. 320. (a) Congressional Budget Office Analysis of
Proposals.--The Director of the Congressional Budget Office shall, to
the extent practicable, prepare for each bill and joint resolution
reported from committee (except measures within the jurisdiction of the
Committee on Appropriations), and amendments thereto and conference
reports thereon, an estimate of whether the measure causes, relative to
current law, a net increase in direct spending in excess of
$5,000,000,000 in any of the four 10-year periods beginning in fiscal
year 2019 through fiscal year 2058.
``(b) In the Senate.--
``(1) Point of order.--It shall not be in order in the
Senate to consider any bill, joint resolution, amendment,
motion, or conference report that causes a net increase in
deficits in excess of $5,000,000,000 in any of the four 10-year
periods beginning in 2019 through 2058.
``(2) Supermajority waiver and appeal.--
``(A) This section may be waived or suspended only
by the affirmative vote of three-fifths of the Members,
duly chosen and sworn.
``(B) An affirmative vote of three-fifths of the
Members, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point
of order raised under this section.
``(c) In the House of Representatives.--
``(1) Point of order.--It shall not be in order in the
House of Representatives to consider any bill, joint
resolution, amendment, motion, or conference report that causes
a net increase in deficits in excess of $5,000,000,000 in any
of the four 10-year periods beginning in 2019 through 2058.
``(2) Supermajority waiver and appeal.--
``(A) This section may be waived or suspended only
by the affirmative vote of three-fifths of the Members,
duly chosen and sworn.
``(B) An affirmative vote of two-thirds of the
Members, duly chosen and sworn, shall be required to
sustain an appeal of the ruling of the Chair on a point
of order raised under this section.
``(d) Determinations of Budget Levels.--For purposes of this
section, the levels of net deficit increases shall be determined on the
basis of estimates provided by the chairmen of the Senate and House
Committees on the Budget, as applicable.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 319 the
following new item:
``Sec. 320. Long-term spending increase point of order.''.
TITLE IV--SPENDING REFORM
Subtitle A--Federal Program Sunset
SEC. 400. SHORT TITLE.
This subtitle may be cited as the ``Federal Program Sunset Act of
2009''.
SEC. 401. REVIEW AND ABOLISHMENT OF FEDERAL AGENCIES.
(a) Schedule for Review.--Not later than one year after the date of
the enactment of this Act, the Federal Agency Sunset Commission
established under section 402 (in this subtitle referred to as the
``Commission'') shall submit to Congress a schedule for review by the
Commission, at least once every 12 years (or less, if determined
appropriate by Congress), of the abolishment or reorganization of each
agency.
(b) Review of Agencies Performing Related Functions.--In
determining the schedule for review of agencies under subsection (a),
the Commission shall provide that agencies that perform similar or
related functions be reviewed concurrently to promote efficiency and
consolidation.
(c) Abolishment of Agencies.--
(1) In general.--Each agency shall--
(A) be reviewed according to the schedule created
pursuant to this section; and
(B) be abolished not later than one year after the
date that the Commission completes its review of the
agency pursuant to such schedule, unless the agency is
reauthorized by the Congress.
(2) Extension.--The deadline for abolishing an agency may
be extended for an additional two years after the date
described in paragraph (1)(B) if the Congress enacts
legislation extending such deadline by a vote of a super
majority of the House of Representatives and the Senate.
SEC. 402. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Federal Agency Sunset Commission''.
(b) Composition.--The Commission shall be composed of 12 members
(in this subtitle referred to as the ``members'') who shall be
appointed as follows:
(1) Six members shall be appointed by the Speaker of the
House of Representatives, with minority members appointed with
the consent of the minority leader of the House of
Representatives.
(2) Six members shall be appointed by the majority leader
of the Senate, with minority members appointed with the consent
of the minority leader of the Senate.
(c) Qualifications of Members.--
(1) In general.--(A) Of the members appointed under
subsection (b)(1), four shall be members of the House of
Representatives (not more than two of whom may be of the same
political party), and two shall be an individual described in
subparagraph (C).
(B) Of the members appointed under subsection (b)(2), four
shall be members of the Senate (not more than two of whom may
be of the same political party) and two shall be an individual
described in subparagraph (C).
(C) An individual under this subparagraph is an
individual--
(i) who is not a member of Congress; and
(ii) with expertise in the operation and
administration of Government programs.
(2) Continuation of membership.--If a member was appointed
to the Commission as a Member of Congress and the member ceases
to be a Member of Congress, that member shall cease to be a
member of the Commission. The validity of any action of the
Commission shall not be affected as a result of a member
becoming ineligible to serve as a member for the reasons
described in this paragraph.
(d) Initial Appointments.--All initial appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
(e) Chairman; Vice-Chairman.--
(1) Initial chairman.--An individual shall be designated by
the Speaker of the House of Representatives from among the
members initially appointed under subsection (b)(1) to serve as
chairman of the Commission for a period of 2 years.
(2) Initial vice-chairman.--An individual shall be
designated by the majority leader of the Senate from among the
individuals initially appointed under subsection (b)(2) to
serve as vice-chairman of the Commission for a period of two
years.
(3) Alternate appointments of chairmen and vice-chairmen.--
Following the termination of the two-year period described in
paragraphs (1) and (2), the Speaker and the majority leader
shall alternate every two years in appointing the chairman and
vice-chairman of the Commission.
(f) Terms of Members.--
(1) Members of congress.--Each member appointed to the
Commission who is a member of Congress shall serve for a term
of six years, except that, of the members first appointed under
paragraphs (1) and (2) of subsection (b), 2 members shall be
appointed to serve a term of three years under each such
paragraph.
(2) Other members.--Each member of the Commission who is
not a member of Congress shall serve for a term of three years.
(3) Term limits.--(A) A member of the Commission who is a
member of Congress and who serves more than three years of a
term may not be appointed to another term as a member.
(B) A member of the Commission who is not a member of
Congress and who serves as a member of the Commission for more
than 56 months may not be appointed to another term as a
member.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this subtitle, hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers appropriate.
The Commission may administer oaths to witnesses appearing
before it.
(2) Obtaining information.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out its duties
under this subtitle. Upon request of the chairman, the head of
that department or agency shall furnish that information to the
Commission in a full and timely manner.
(3) Subpoena power.--(A) The Commission may issue a
subpoena to require the attendance and testimony of witnesses
and the production of evidence relating to any matter under
investigation by the Commission.
(B) If a person refuses to obey an order or subpoena of the
Commission that is issued in connection with a Commission
proceeding, the Commission may apply to the United States
district court in the judicial district in which the proceeding
is held for an order requiring the person to comply with the
subpoena or order.
(4) Immunity.--The Commission is an agency of the United
States for purposes of part V of title 18, United States Code
(relating to immunity of witnesses).
(5) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
services without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
(h) Commission Procedures.--
(1) Meetings.--The Commission shall meet at the call of the
chairman.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(i) Personnel Matters.--
(1) Compensation.--Members shall not be paid by reason of
their service as members.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(3) Director.--The Commission shall have a Director who
shall be appointed by the chairman. The Director shall be paid
at a rate not to exceed the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(4) Staff.--The Director may appoint and fix the pay of
additional personnel as the director considers appropriate.
(5) Applicability of certain civil service laws.--The
director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(j) Other Administrative Matters.--
(1) Postal and printing services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the United States.
(2) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its duties under this subtitle.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(k) Sunset of Commission.--The Commission shall terminate on
December 31, 2033, unless reauthorized by Congress.
SEC. 403. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL AGENCIES.
(a) In General.--The Commission shall review the efficiency and
public need for each agency in accordance with the criteria described
in section 404.
(b) Recommendations; Report to Congress.--The Commission shall
submit to Congress and the President not later than September 1 of each
year a report containing--
(1) an analysis of the efficiency of operation and public
need for each agency to be reviewed in the year in which the
report is submitted pursuant to the schedule submitted to
Congress under section 2;
(2) recommendations on whether each such agency should be
abolished or reorganized;
(3) recommendations on whether the functions of any other
agencies should be consolidated, transferred, or reorganized in
an agency to be reviewed in the year in which the report is
submitted pursuant to the schedule submitted to Congress under
section 2; and
(4) recommendations for administrative and legislative
action with respect to each such agency, but not including
recommendations for appropriation levels.
(c) Draft Legislation.--The Commission shall submit to Congress and
the President not later than September 1 of each year a draft of
legislation to carry out the recommendations of the Commission under
subsection (b).
(d) Information Gathering.--The Commission shall--
(1) conduct public hearings on the abolishment of each
agency reviewed under subsection (b);
(2) provide an opportunity for public comment on the
abolishment of each such agency;
(3) require the agency to provide information to the
Commission as appropriate; and
(4) consult with the Government Accountability Office, the
Office of Management and Budget, the Congressional Budget
Office, and the chairman and ranking minority members of the
committees of Congress with oversight responsibility for the
agency being reviewed regarding the operation of the agency.
(e) Use of Program Inventory.--The Commission shall use the program
inventory prepared under section 9 in reviewing the efficiency and
public need for each agency under subsection (a).
SEC. 404. CRITERIA FOR REVIEW.
The Commission shall evaluate the efficiency and public need for
each agency pursuant to section 403 using the following criteria:
(1) The effectiveness, and the efficiency of the operation
of, the programs carried out by each such agency.
(2) Whether the programs carried out by the agency are cost
effective.
(3) Whether the agency has acted outside the scope of its
original authority, and whether the original objectives of the
agency have been achieved.
(4) Whether less restrictive or alternative methods exist
to carry out the functions of the agency.
(5) The extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict with
the jurisdiction and programs of other agencies.
(6) The potential benefits of consolidating programs
administered by the agency with similar or duplicative programs
of other agencies, and the potential for consolidating such
programs.
(7) The number and types of beneficiaries or persons served
by programs carried out by the agency.
(8) The extent to which any trends, developments, and
emerging conditions that are likely to affect the future nature
and extent of the problems or needs that the programs carried
out by the agency are intended to address.
(9) The extent to which the agency has complied with the
provisions contained in the Government Performance and Results
Act of 1993 (Public Law 103-62; 107 Stat. 285).
(10) The promptness and effectiveness with which the agency
seeks public input and input from State and local governments
on the efficiency and effectiveness of the performance of the
functions of the agency.
(11) Whether the agency has worked to enact changes in the
law that are intended to benefit the public as a whole rather
than the specific business, institution, or individuals that
the agency regulates.
(12) The extent to which the agency has encouraged
participation by the public as a whole in making its rules and
decisions rather than encouraging participation solely by those
it regulates.
(13) The extent to which the public participation in
rulemaking and decision making of the agency has resulted in
rules and decisions compatible with the objectives of the
agency.
(14) The extent to which the agency complies with section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').
(15) The extent to which the agency complies with equal
employment opportunity requirements regarding equal employment
opportunity.
(16) The extent of the regulatory, privacy, and paperwork
impacts of the programs carried out by the agency.
(17) The extent to which the agency has coordinated with
State and local governments in performing the functions of the
agency.
(18) The potential effects of abolishing the agency on
State and local governments.
(19) The extent to which changes are necessary in the
authorizing statutes of the agency in order that the functions
of the agency can be performed in the most efficient and
effective manner.
SEC. 405. COMMISSION OVERSIGHT.
(a) Monitoring of Implementation of Recommendations.--The
Commission shall monitor implementation of laws enacting provisions
that incorporate recommendations of the Commission with respect to
abolishment or reorganization of agencies.
(b) Monitoring of Other Relevant Legislation.--
(1) In general.--The Commission shall review and report to
Congress on all legislation introduced in either house of
Congress that establishes--
(A) a new agency; or
(B) a new program to be carried out by an existing
agency.
(2) Report to congress.--The Commission shall include in
each report submitted to Congress under paragraph (1) an
analysis of whether--
(A) the functions of the proposed agency or program
could be carried out by one or more existing agencies;
(B) the functions of the proposed agency or program
could be carried out in a less restrictive manner than
the manner proposed in the legislation; and
(C) the legislation provides for public input
regarding the performance of functions by the proposed
agency or program.
SEC. 406. RULEMAKING AUTHORITY.
The Commission may promulgate such rules as necessary to carry out
this subtitle.
SEC. 407. RELOCATION OF FEDERAL EMPLOYEES.
If the position of an employee of an agency is eliminated as a
result of the abolishment of an agency in accordance with this
subtitle, there shall be a reasonable effort to relocate such employee
to a position within another agency.
SEC. 408. PROGRAM INVENTORY.
(a) Preparation.--The Comptroller General and the Director of the
Congressional Budget Office, in cooperation with the Director of the
Congressional Research Service, shall prepare an inventory of Federal
programs (in this subtitle referred to as the ``program inventory'')
within each agency.
(b) Purpose.--The purpose of the program inventory is to advise and
assist the Congress and the Commission in carrying out the requirements
of this subtitle. Such inventory shall not in any way bind the
committees of the Senate or the House of Representatives with respect
to their responsibilities under this subtitle and shall not infringe on
the legislative and oversight responsibilities of such committees. The
Comptroller General shall compile and maintain the inventory and the
Director of the Congressional Budget Office shall provide budgetary
information for inclusion in the inventory.
(c) Inventory Content.--The program inventory shall set forth for
each program each of the following matters:
(1) The specific provision or provisions of law authorizing
the program.
(2) The committees of the Senate and the House of
Representatives which have legislative or oversight
jurisdiction over the program.
(3) A brief statement of the purpose or purposes to be
achieved by the program.
(4) The committees which have jurisdiction over legislation
providing new budget authority for the program, including the
appropriate subcommittees of the Committees on Appropriations
of the Senate and the House of Representatives.
(5) The agency and, if applicable, the subdivision thereof
responsible for administering the program.
(6) The grants-in-aid, if any, provided by such program to
State and local governments.
(7) The next reauthorization date for the program.
(8) A unique identification number which links the program
and functional category structure.
(9) The year in which the program was originally
established and, where applicable, the year in which the
program expires.
(10) Where applicable, the year in which new budget
authority for the program was last authorized and the year in
which current authorizations of new budget authority expire.
(d) Budget Authority.--The report also shall set forth for each
program whether the new budget authority provided for such programs
is--
(1) authorized for a definite period of time;
(2) authorized in a specific dollar amount but without
limit of time;
(3) authorized without limit of time or dollar amounts;
(4) not specifically authorized; or
(5) permanently provided,
as determined by the Director of the Congressional Budget Office.
(e) CBO Information.--For each program or group of programs, the
program inventory also shall include information prepared by the
Director of the Congressional Budget Office indicating each of the
following matters:
(1) The amounts of new budget authority authorized and
provided for the program for each of the preceding four fiscal
years and, where applicable, the four succeeding fiscal years.
(2) The functional and subfunctional category in which the
program is presently classified and was classified under the
fiscal year 2010 budget.
(3) The identification code and title of the appropriation
account in which budget authority is provided for the program.
(f) Mutual Exchange of Information.--The Government Accountability
Office, the Congressional Research Service, and the Congressional
Budget Office shall permit the mutual exchange of available information
in their possession which aids in the compilation of the program
inventory.
(g) Assistance by Executive Branch.--The Office of Management and
Budget, and the Executive agencies and the subdivisions thereof shall,
to the extent necessary and possible, provide the Government
Accountability Office with assistance requested by the Comptroller
General in the compilation of the program inventory.
SEC. 409. DEFINITION OF AGENCY.
As used in this subtitle, the term ``agency'' has the meaning given
that term by section 105 of title 5, United States Code, except that
such term includes an advisory committee as that term is defined in
section 102(2) of the Federal Advisory Committee Act.
Subtitle B--Legislative Line-Item Veto
SEC. 410. SHORT TITLE.
This subtitle may be cited as the ``Legislative Line-Item Veto Act
of 2009''.
SEC. 411. LEGISLATIVE LINE-ITEM VETO.
(a) In General.--Title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by
striking all of part B (except for sections 1016 and 1013, which are
redesignated as sections 1020 and 1021, respectively) and part C and
inserting the following:
``Part B--Legislative Line-Item Veto
``line-item veto authority
``Sec. 1011. (a) Proposed Cancellations.--Within 45 calendar days
after the enactment of any bill or joint resolution providing any
discretionary budget authority, item of direct spending, limited tariff
benefit, or targeted tax benefit, the President may propose, in the
manner provided in subsection (b), the cancellation of any dollar
amount of such discretionary budget authority, item of direct spending,
or targeted tax benefit. If the 45 calendar-day period expires during a
period where either House of Congress stands adjourned sine die at the
end of a Congress or for a period greater than 45 calendar days, the
President may propose a cancellation under this section and transmit a
special message under subsection (b) on the first calendar day of
session following such a period of adjournment.
``(b) Transmittal of Special Message.--
``(1) Special message.--
``(A) In general.--The President may transmit to
the Congress a special message proposing to cancel any
dollar amounts of discretionary budget authority, items
of direct spending, limited tariff benefits, or
targeted tax benefits.
``(B) Contents of special message.--Each special
message shall specify, with respect to the
discretionary budget authority, items of direct
spending proposed, limited tariff benefits, or targeted
tax benefits to be canceled--
``(i) the dollar amount of discretionary
budget authority, the specific item of direct
spending (that OMB, after consultation with
CBO, estimates to increase budget authority or
outlays as required by section 1017(9)), the
limited tariff benefit, or the targeted tax
benefit that the President proposes be
canceled;
``(ii) any account, department, or
establishment of the Government to which such
discretionary budget authority is available for
obligation, and the specific project or
governmental functions involved;
``(iii) the reasons why such discretionary
budget authority, item of direct spending,
limited tariff benefit, or targeted tax benefit
should be canceled;
``(iv) to the maximum extent practicable,
the estimated fiscal, economic, and budgetary
effect (including the effect on outlays and
receipts in each fiscal year) of the proposed
cancellation;
``(v) to the maximum extent practicable,
all facts, circumstances, and considerations
relating to or bearing upon the proposed
cancellation and the decision to propose the
cancellation, and the estimated effect of the
proposed cancellation upon the objects,
purposes, or programs for which the
discretionary budget authority, item of direct
spending, limited tariff benefit, or the
targeted tax benefit is provided;
``(vi) a numbered list of cancellations to
be included in an approval bill that, if
enacted, cancels discretionary budget
authority, items of direct spending, limited
tariff benefit, or targeted tax benefits
proposed in that special message; and
``(vii) if the special message is
transmitted subsequent to or at the same time
as another special message, a detailed
explanation why the proposed cancellations are
not substantially similar to any other proposed
cancellation in such other message.
``(C) Duplicative proposals prohibited.--The
President may not propose to cancel the same or
substantially similar discretionary budget authority,
item of direct spending, limited tariff benefit, or
targeted tax benefit more than one time under this Act.
``(D) Maximum number of special messages.--The
President may not transmit to the Congress more than 5
special messages under this subsection related to any
bill or joint resolution described in subsection (a),
but may transmit not more than 10 special messages for
any omnibus budget reconciliation or appropriation
measure.
``(2) Enactment of approval bill.--
``(A) Deficit reduction.--Amounts of budget
authority, items of direct spending, limited tariff
benefit, or targeted tax benefits which are canceled
pursuant to enactment of a bill as provided under this
section shall be dedicated only to reducing the deficit
or increasing the surplus.
``(B) Adjustment of levels in the joint 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 joint resolution on the
budget to reflect the cancellation, and the applicable
committees shall report revised suballocations pursuant
to section 302(b), as appropriate.
``(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.
``(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.
``procedures for expedited consideration
``Sec. 1012. (a) Expedited Consideration.--
``(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.
``(2) Consideration in the house of representatives.--
``(A) Referral and reporting.--Any committee of the
House of Representatives to which an approval bill is
referred shall report it to the House of
Representatives 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 of Representatives has
adopted a joint 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.
``(B) Proceeding to consideration.--After an
approval bill is reported by or discharged from
committee or the House of Representatives has adopted a
joint 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 of
Representatives 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 of Representatives 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.
``(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.
``(D) Senate bill.--An approval bill received from
the Senate shall not be referred to committee.
``(3) Consideration in the senate.--
``(A) Motion to proceed to consideration.--A motion
to proceed to the consideration of a bill under this
subsection in the Senate shall not be debatable. It
shall not be in order to move to reconsider the vote by
which the motion to proceed is agreed to or disagreed
to.
``(B) Limits on debate.--Debate in the Senate on a
bill under this subsection, and all debatable motions
and appeals in connection therewith (including debate
pursuant to subparagraph (D)), shall not exceed 10
hours, equally divided and controlled in the usual
form.
``(C) Appeals.--Debate in the Senate on any
debatable motion or appeal in connection with a bill
under this subsection shall be limited to not more than
1 hour, to be equally divided and controlled in the
usual form.
``(D) Motion to limit debate.--A motion in the
Senate to further limit debate on a bill under this
subsection is not debatable.
``(E) Motion to recommit.--A motion to recommit a
bill under this subsection is not in order.
``(F) Consideration of the house of representatives
bill.--
``(i) In general.--If the Senate has
received the House of Representatives companion
bill to the bill introduced in the Senate prior
to the vote required under paragraph (1)(C),
then the Senate may consider, and the vote
under paragraph (1)(c) may occur on, the House
of Representatives companion bill.
``(ii) Procedure after vote on senate
bill.--If the Senate votes, pursuant to
paragraph (1)(C), on the bill introduced in the
Senate, then immediately following that vote,
or upon receipt of the House of Representatives
companion bill, the House of Representatives
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 of
Representatives.
``(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.
``presidential deferral authority
``Sec. 1013. (a) Temporary Presidential Authority To Withhold
Discretionary Budget Authority.--
``(1) In general.--At the same time as the President
transmits to the Congress a special message pursuant to section
1011(b), the President may direct that any dollar amount of
discretionary budget authority to be canceled in that special
message shall not be made available for obligation for a period
not to exceed 45 calendar days from the date the President
transmits the special message to the Congress.
``(2) Early availability.--The President shall make any
dollar amount of discretionary budget authority deferred
pursuant to paragraph (1) available at a time earlier than the
time specified if he determines that continuation of the
deferral not further the purposes of this Act.
``(b) Temporary Presidential Authority To Suspend Direct
Spending.--
``(1) In general.--At the same time as the President
transmits to the Congress a special message pursuant to section
1011(b), the President may suspend the implementation of any
item of direct spending proposed to be canceled in that special
message for a period not to exceed 45 calendar days from the
date the President transmits the special message to the
Congress.
``(2) Early availability.--The President shall terminate
the suspension of any item of direct spending at a time earlier
than the time specified if he determines that continuation of
the suspension will not further the purposes of this Act.
``(c) Temporary Presidential Authority To Suspend a Limited Tariff
Benefit.--
``(1) In general.--At the same time as the President
transmits to the Congress a special message pursuant to section
1011(b), the President may suspend the implementation of any
limited tariff benefit proposed to be canceled in that special
message for a period not to exceed 45 calendar days from the
date the President transmits the special message to the
Congress.
``(2) Early availability.--The President shall terminate
the suspension of any limited tariff benefit at a time earlier
than the time specified if he determines that continuation of
the suspension will not further the purposes of this Act.
``(d) Temporary Presidential Authority To Suspend a Targeted Tax
Benefit.--
``(1) In general.--At the same time as the President
transmits to the Congress a special message pursuant to section
1011(b), the President may suspend the implementation of any
targeted tax benefit proposed to be repealed in that special
message for a period not to exceed 45 calendar days from the
date the President transmits the special message to the
Congress.
``(2) Early availability.--The President shall terminate
the suspension of any targeted tax benefit at a time earlier
than the time specified if he determines that continuation of
the suspension will not further the purposes of this Act.
``(e) Extension of 45-Day Period.--The President may transmit to
the Congress not more than one supplemental special message to extend
the period to suspend the implementation of any discretionary budget
authority, item of direct spending, limited tariff benefit, or targeted
tax benefit, as applicable, by an additional 45 calendar days. Any such
supplemental message may not be transmitted to the Congress before the
40th day of the 45-day period set forth in the preceding message or
later than the last day of such period.
``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.
``(b) Statement Included in Legislation.--
``(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).
``(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
______ apply to ________.', with the blank spaces being filled
in with--
``(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;
or
``(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.
``(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--
``(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, or
``(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.
``(d) President's Authority.--If any revenue or reconciliation bill
or joint resolution is signed into law--
``(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; or
``(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.
``treatment of cancellations
``Sec. 1015. The cancellation of any dollar amount of discretionary
budget authority, item of direct spending, limited tariff benefit, or
targeted tax benefit shall take effect only upon enactment of the
applicable approval bill. If an approval bill is not enacted into law
before the end of the applicable period under section 1013, then all
proposed cancellations contained in that bill shall be null and void
and any such dollar amount of discretionary budget authority, item of
direct spending, limited tariff benefit, or targeted tax benefit shall
be effective as of the original date provided in the law to which the
proposed cancellations applied.
``reports by comptroller general
``Sec. 1016. With respect to each special message under this part,
the Comptroller General shall issue to the Congress a report
determining whether any discretionary budget authority is not made
available for obligation or item of direct spending, limited tariff
benefit, or targeted tax benefit continues to be suspended after the
deferral authority set forth in section 1013 of the President has
expired.
``definitions
``Sec. 1017. As used in this part:
``(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.
``(2) Approval bill.--The term `approval bill' means a bill
or joint resolution which only approves proposed cancellations
of dollar amounts of discretionary budget authority, items of
new direct spending, limited tariff benefits, or targeted tax
benefits in a special message transmitted by the President
under this part and--
``(A) the title of which is as follows: `A bill
approving the proposed cancellations transmitted by the
President on ___', 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;
``(B) which does not have a preamble; and
``(C) which provides only the following after the
enacting clause: `That the Congress approves of
proposed cancellations ___', the blank space being
filled in with a list of the cancellations contained in
the President's special message, `as transmitted by the
President in a special message on ____', the blank
space being filled in with the appropriate date,
`regarding ____.', the blank space being filled in with
the public law number to which the special message
relates;
``(D) which only includes proposed cancellations
that are estimated by CBO to meet the definition of
discretionary budgetary authority or items of direct
spending, or limited tariff benefits, or that are
identified as targeted tax benefits pursuant to section
1014;
``(E) if any proposed cancellation other than
discretionary budget authority or targeted tax benefits
is estimated by CBO to not meet the definition of item
of direct spending, then the approval bill shall
include at the end: `The President shall cease the
suspension of the implementation of the following under
section 1013 of the Impoundment Control Act of 1974:
_____', the blank space being filled in with the list
of such proposed cancellations; and
``(F) if no CBO estimate is available, then the
entire list of legislative provisions proposed by the
President is inserted in the second blank space in
subparagraph (C).
``(3) Calendar day.--The term `calendar day' means a
standard 24-hour period beginning at midnight.
``(4) Cancel or cancellation.--The terms `cancel' or
`cancellation' means to prevent--
``(A) budget authority from having legal force or
effect;
``(B) in the case of entitlement authority, to
prevent the specific legal obligation of the United
States from having legal force or effect;
``(C) in the case of the food stamp program, to
prevent the specific provision of law that provides
such benefit from having legal force or effect; or
``(D) a limited tariff benefit from having legal
force or effect, and to make any necessary, conforming
statutory change to ensure that such limited tariff
benefit is not implemented; or
``(E) a targeted tax benefit from having legal
force or effect, and to make any necessary, conforming
statutory change to ensure that such targeted tax
benefit is not implemented and that any budgetary
resources are appropriately canceled.
``(5) Congressional budget office.--The term `CBO' means
the Director of the Congressional Budget Office.
``(6) Direct spending.--The term `direct spending' means--
``(A) budget authority provided by law (other than
an appropriation law);
``(B) entitlement authority; and
``(C) the food stamp program.
``(7) Amount of discretionary budget authority.--(A) Except
as provided in subparagraph (B), the term `dollar amount of
discretionary budget authority' means the entire dollar amount
of budget authority--
``(i) specified in an appropriation law, or
the entire dollar amount of budget authority or
obligation limitation required to be allocated
by a specific proviso in an appropriation law
for which a specific dollar figure was not
included;
``(ii) represented separately in any table,
chart, or explanatory text included in the
statement of managers or the governing
committee report accompanying such law;
``(iii) required to be allocated for a
specific program, project, or activity in a law
(other than an appropriation law) that mandates
the expenditure of budget authority from
accounts, programs, projects, or activities for
which budget authority is provided in an
appropriation law;
``(iv) represented by the product of the
estimated procurement cost and the total
quantity of items specified in an appropriation
law or included in the statement of managers or
the governing committee report accompanying
such law; or
``(v) represented by the product of the
estimated procurement cost and the total
quantity of items required to be provided in a
law (other than an appropriation law) that
mandates the expenditure of budget authority
from accounts, programs, projects, or
activities for which budget authority is
provided in an appropriation law.
``(B) The term `dollar amount of discretionary
budget authority' does not include--
``(i) direct spending;
``(ii) budget authority in an appropriation
law which funds direct spending provided for in
other law;
``(iii) any existing budget authority
canceled in an appropriation law; or
``(iv) any restriction, condition, or
limitation in an appropriation law or the
accompanying statement of managers or committee
reports on the expenditure of budget authority
for an account, program, project, or activity,
or on activities involving such expenditure.
``(8) Item of direct spending.--The term `item of direct
spending' means any provision of law that results in an
increase in budget authority or outlays for direct spending
relative to the most recent levels calculated consistent with
the methodology used to calculate a baseline under section 257
of the Balanced Budget and Emergency Deficit Control Act of
1985 and included with a budget submission under section
1105(a) of title 31, United States Code, in the first year or
the 5-year period for which the item is effective. However,
such item does not include an extension or reauthorization of
existing direct spending, but instead only refers to provisions
of law that increase such direct spending.
``(9) Limited tariff benefit.--The term `limited tariff
benefit' means any provision of law that modifies the
Harmonized Tariff Schedule of the United States in a manner
that benefits 10 or fewer entities (as defined in paragraph
(12)(B)).
``(10) OMB.--The term `OMB' means the Director of the
Office of Management and Budget.
``(11) Omnibus reconciliation or appropriation measure.--
The term `omnibus reconciliation or appropriation measure'
means--
``(A) in the case of a reconciliation bill, any
such bill that is reported to its House by the
Committee on the Budget; or
``(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.
``(12) Targeted tax benefit.--(A) The term `targeted tax
benefit' means any revenue-losing provision that provides a
Federal tax deduction, credit, exclusion, or preference to ten
or fewer beneficiaries (determined with respect to either
present law or any provision of which the provision is a part)
under the Internal Revenue Code of 1986 in any year for which
the provision is in effect;
``(B) for purposes of subparagraph (A)--
``(i) all businesses and associations that
are members of the same controlled group of
corporations (as defined in section 1563(a) of
the Internal Revenue Code of 1986) shall be
treated as a single beneficiary;
``(ii) all shareholders, partners, members,
or beneficiaries of a corporation, partnership,
association, or trust or estate, respectively,
shall be treated as a single beneficiary;
``(iii) all employees of an employer shall
be treated as a single beneficiary;
``(iv) all qualified plans of an employer
shall be treated as a single beneficiary;
``(v) all beneficiaries of a qualified plan
shall be treated as a single beneficiary;
``(vi) all contributors to a charitable
organization shall be treated as a single
beneficiary;
``(vii) all holders of the same bond issue
shall be treated as a single beneficiary; and
``(viii) if a corporation, partnership,
association, trust or estate is the beneficiary
of a provision, the shareholders of the
corporation, the partners of the partnership,
the members of the association, or the
beneficiaries of the trust or estate shall not
also be treated as beneficiaries of such
provision;
``(C) for the purpose of this paragraph, the term
`revenue-losing provision' means any provision that is
estimated to result in a reduction in Federal tax
revenues (determined with respect to either present law
or any provision of which the provision is a part) for
any one of the two following periods--
``(i) the first fiscal year for which the
provision is effective; or
``(ii) the period of the five fiscal years
beginning with the first fiscal year for which
the provision is effective;
``(D) the term `targeted tax benefit' does not
include any provision which applies uniformly to an
entire industry; and
``(E) the terms used in this paragraph shall have
the same meaning as those terms have generally in the
Internal Revenue Code of 1986, unless otherwise
expressly provided.
``expiration
``Sec. 1018. This title shall have no force or effect on or after
October 1, 2019.
``deficit reduction
``Sec. 1019. All spending reductions related to this title shall be
for deficit reduction.''.
SEC. 412. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
(1) in subsection (a), by striking ``1017'' and inserting
``1012''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``section 1012''.
(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:
``(b) Upon the receipt of a special message under section 1011
proposing to cancel any item of direct spending, the Director of the
Congressional Budget Office shall prepare an estimate of the savings in
budget authority or outlays resulting from such proposed cancellation
relative to the most recent levels calculated consistent with the
methodology used to calculate a baseline under section 257 of the
Balanced Budget and Emergency Deficit Control Act of 1985 and included
with a budget submission under 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.''.
(c) Clerical Amendments.--(1) Section 1(a) of the Congressional
Budget and Impoundment Control Act of 1974 is amended by striking the
last sentence.
(2) Section 1021(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''.
(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:
``Part B--Legislative Line-Item Veto
``Sec. 1011. Line-item veto authority.
``Sec. 1012. Procedures for expedited consideration.
``Sec. 1013. Presidential deferral authority.
``Sec. 1014. Identification of targeted tax benefits.
``Sec. 1015. Treatment of cancellations.
``Sec. 1016. Reports by Comptroller General.
``Sec. 1017. Definitions.
``Sec. 1018. Expiration.
``Sec. 1019. Deficit reduction.
``Sec. 1020. Suits by Comptroller General.
``Sec. 1021. Proposed deferrals of budget authority.''.
(d) Effective Date.--The amendments made by this subtitle shall
take effect on the date of its enactment and apply only to any dollar
amount of discretionary budget authority, item of direct spending, or
targeted tax benefit provided in an Act enacted on or after the date of
enactment of this Act.
SEC. 413. RESCISSION MEASURES CONSIDERED.
(a) Rules Amendment.--Clause 6(c) of rule XIII of the Rules of the
House of Representatives is amended by inserting before the period ``,
or a rule or order that limits any amendment otherwise in order to a
rescission bill''.
(b) Automatic Allocations Reductions.--Clause 4(b) of rule X of the
Rules of the House of Representatives is amended by inserting ``(1)''
after ``(b)'', by redesignating subparagraphs (1) through (6) as
subdivisions (A) through (F), respectively, and by adding at the end
the following:
``(2)(A) Whenever a rescission bill passes the House of
Representatives, the Committee on the Budget shall immediately reduce
the applicable allocations under section 302(a) of the Congressional
Budget Act of 1974 by the total amount of reductions in budget
authority and in outlays resulting from such rescission bill.
``(B) As used in this subparagraph, the term `rescission bill'
means a bill or joint resolution which only rescinds, in whole or in
part, budget authority and which includes only titles corresponding to
the most recently enacted appropriation bills that continue to include
unobligated balances.''.
(c) Privileged Discharge Resolutions.--Rule XIII of the Rules of
the House of Representatives is amended by adding at the end the
following new clause:
``8. (a) By February 1, May 1, July 30, and November 11 of each
session, the majority leader shall introduce a rescission bill. If such
bill is not introduced by that date, then whenever a rescission bill is
introduced during a session on or after that date, a motion to
discharge the committee from its consideration shall be privileged
after the 10-legislative day period beginning on that date for the
first 5 such bills.
``(b) It shall not be in order to offer any amendment to a
rescission bill except an amendment that increases the amount of budget
authority that such bill rescinds.
``(c) As used in this clause and in clause 6, the term `rescission
bill' has the meaning given such term in clause 4(b)(2)(B) of rule
X.''.
(d) Point of Order.--Rule XXI of the Rules of the House of
Representatives (as amended by subsection (d)) is further amended by
adding at the end the following new clause:
``9. (a) It shall not be in order to consider any rescission bill,
or conference report thereon or amendment thereto, unless--
``(1) in the case of such bill or conference report
thereon, it is made available to Members and the general public
on the Internet for at least 48 hours before its consideration;
or
``(2)(A) in the case of an amendment to such rescission
bill made in order by a rule, it is made available to Members
and the general public on the Internet within one hour after
the rule is filed; or
``(B) in the case of an amendment under an open rule, it is
made available to Members and the general public on the
Internet immediately after being offered; in a format that is
searchable and sortable.
``(3) No amendment to an amendment to a rescission bill
shall be in order unless germane to the amendment to which it
is offered.''.
Subtitle C--Commission to Eliminate Waste, Fraud, and Abuse
SEC. 420. SHORT TITLE.
This Act may be cited as the ``Commission on the Accountability and
Review of Federal Agencies Act of 2009''.
SEC. 421. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on the
Accountability and Review of Federal Agencies (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--
(1) Number and appointment.--
(A) In general.--The Commission shall be composed
of 7 members, whom shall have experience in finance and
the analysis of Federal spending, appointed by the
President after consultation with the majority and
minorities leaders of the House of Representatives and
the Senate, as follows:
(i) One in consultation with the Speaker of
the House of Representatives.
(ii) One in consultation with the minority
leader of the House of Representatives.
(iii) One in consultation with the majority
leader of the Senate.
(iv) One in consultation with the minority
leader of the Senate.
(v) Three other members.
(B) Ex officio members.--The President may appoint
up to 4 Members of Congress (up to 2 from each House)
as nonvoting ex officio members of the Commission.
(2) Chairman and vice-chairman.--The President shall
appoint a chairman and vice-chairman from among the members of
the Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 422. DUTIES OF THE COMMISSION.
(a) Definition.--The term ``agency'', as used in this section, has
the meaning given the term ``executive agency'' under section 105 of
title 5, United States Code.
(b) In General.--The Commission shall--
(1) evaluate all agencies and programs within those
agencies, using the criteria under subsection (c); and
(2) submit to Congress--
(A) a plan with recommendations of the agencies and
programs that should be realigned or eliminated; and
(B) proposed legislation to implement the plan
under subparagraph (A), but shall be limited in content
to matters directly related to the purpose of the
Commission.
(c) Criteria.--
(1) Cost effective.--Whether the agency or program as
carried out by the agency is cost effective and achieves its
stated purpose of goals.
(2) Mission.--The extent to which the program has achieved
or completed its intended purpose.
(3) Duplicative.--The extent to which the agency or program
duplicates or conflicts with other Federal agencies, State and
local government, or the private sector.
(4) Coordination with state and local governments.--The
extent to which the agency coordinates effectively with State
and local governments in performing the functions of the
program.
(5) Performance.--The extent to which the program failed to
meet its objectives or a national priority or purpose
(6) Management structure.--The extent to which changes in
the management structure of the agency or program or its
placement in the Executive Branch are needed to improve the
overall efficiency, effectiveness, or accountability of
Executive Branch operations.
(7) National needs.--The extent to which the program
benefits special interest groups and does not meet a national
priority or purpose.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a report that includes--
(A) the plan described under subsection (b)(1) with
supporting documentation for all recommendations; and
(B) the proposed legislation described under
subsection (b)(2).
(2) Use of savings.--The proposed legislation under
paragraph (1)(B) shall provide that all funds saved by the
implementation of the plan under paragraph (1)(A) shall be used
for deficit reduction.
SEC. 423. POWERS OF THE COMMISSION.
(a) Hearings and Subpoena Power.--The Commission or, at its
direction, any subcommittee or member of the Commission, may, for the
purpose of carrying out this Act--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths as any member of the Commission considers
advisable;
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses as any member of the Commission
considers advisable; and
(3) require, by subpoena or otherwise, the production of
such books, records, correspondence, memoranda, papers,
documents, tapes, and other evidentiary materials relating to
any matter under investigation by the Commission.
(b) Enforcement of Subpoenas.--The Commission may issue subpoenas
as follows:
(1) Issuance.--Subpoenas shall only be issued pursuant to
this section if approved by a vote of the Commission, shall
bear the signature of the chairman of the Commission, and shall
be served by a person or class of persons designated by the
chairman for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a), the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, may
issue an order requiring such person to appear at any
designated place to testify or to produce documentary or other
evidence. Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(3) Limitation on issuance and enforcement.--Subpoenas may
only be issued pursuant to this section to Federal agencies,
Federal contractors, or persons or entities receiving Federal
funds, and only for information or matter directly related to
the purpose of the Commission.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 424. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal members.--Except as provided under
subsection (b), each member of the Commission who is not an
officer or employee of the Federal Government shall not be
compensated.
(2) Federal officers or employees.--All members of the
Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--Upon the approval of the chairman, the
executive director may fix the compensation of the executive
director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the maximum rate
payable for a position at GS-15 of the General Schedule under
section 5332 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 425. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the report under section 3(d).
SEC. 426. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Definitions.--In this section--
(1) the term ``implementation bill'' means only a bill
which is introduced as provided under subsection (b), and
contains the proposed legislation included in the report
submitted to Congress under section 3, without modification;
and
(2) the term ``calendar day'' means a calendar day other
than 1 on which either House is not in session because of an
adjournment of more than 3 days to a date certain.
(b) Introduction; Referral; and Report or Discharge.--
(1) Introduction.--On the first calendar day on which both
Houses are in session, on or immediately following the date on
which the report is submitted to Congress under section 3, a
single implementation bill shall be introduced (by request)--
(A) in the Senate by the majority leader of the
Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate; and
(B) in the House of Representatives by the majority
leader of the House of Representatives, for himself and
the minority leader of the House of Representatives, or
by Members of the House of Representatives designated
by the Speaker and minority leader of the House of
Representatives.
(2) Referral.--The implementation bills introduced under
paragraph (1) shall be referred to any appropriate committee of
jurisdiction in the Senate and any appropriate committee of
jurisdiction in the House of Representatives. A committee to
which an implementation bill is referred under this paragraph
may report such bill to the respective House without
substantive revision.
(3) Report or discharge.--If a committee to which an
implementation bill is referred has not reported such bill by
the end of the 30th calendar day, excepting Saturdays and
Sundays, after the date of the introduction of such bill, such
committee shall be immediately discharged from further
consideration of such bill, and upon being reported or
discharged from the committee, such bill shall be placed on the
appropriate calendar.
(c) Floor Consideration.--
(1) In general.--When the committee to which an
implementation bill is referred has reported, or has been
discharged under subsection (b)(3), it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
implementation bill, and all points of order against such
legislation and against its consideration) are waived, except
those arising under sections 302(f) and 311 of the
Congressional Budget Act of 1974. The motion is highly
privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or motion to proceed to
the consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
implementation bill is agreed to, it shall remain the
unfinished business of the respective House until disposed of.
(2) Cost estimate.--An implementation bill may not be
considered pursuant to paragraph (1) unless a cost estimate has
been prepared for such bill by the Congressional Budget Office
and been publicly available for 72 hours prior to
consideration.
(3) Amendments.--An implementation bill may not be amended
in the Senate or the House of Representatives.
(4) Debate.--Debate on the implementation bill, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the implementation bill is not in order. A
motion to reconsider the vote by which the implementation bill
is agreed to or disagreed to is not in order.
(5) Vote on final passage.--Immediately following the
conclusion of the debate on an implementation bill, and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the implementation bill shall occur.
(6) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to an implementation bill shall
be decided without debate.
(d) Coordination With Action by Other House.--If, before the
passage by 1 House of an implementation bill of that House, that House
receives from the other House an implementation bill, then the
following procedures shall apply:
(1) Non-referral.--The implementation bill of the other
House shall not be referred to a committee.
(2) Vote on bill of other house.--With respect to an
implementation bill of the House receiving the implementation
bill--
(A) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(B) the vote on final passage shall be on the
implementation bill of the other House.
(e) Rules of the Senate and the House of Representatives.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 427. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2010 through 2013 for carrying out
this Act.
TITLE V--TRANSPARENCY IN BUDGETING
SEC. 500. SHORT TITLE.
This title may be cited as the ``Transparency in Budgeting Act of
2009''.
Subtitle A--Accrual Funding of Pensions and Retirement Pay for Federal
Employees and Uniformed Services Personnel
SEC. 501. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Civil Service Retirement and Disability Fund.--Chapter 83 of
title 5, United States Code, is amended--
(1) in section 8331--
(A) in paragraph (17)--
(i) by striking ``normal cost'' and
inserting ``normal cost percentage''; and
(ii) by inserting ``and standards (using
dynamic assumptions)'' after ``practice'';
(B) by amending paragraph (18) to read as follows:
``(18) `Fund balance' means the current net assets of the
Fund available for payment of benefits, as determined by the
Office in accordance with appropriate accounting standards, but
does not include any amount attributable to--
``(A) the Federal Employees' Retirement System; or
``(B) contributions made under the Federal
Employees' Retirement Contribution Temporary Adjustment
Act of 1983 by or on behalf of any individual who
became subject to the Federal Employees' Retirement
System;''
(C) by amending paragraph (19) to read as follows:
``(19) `accrued liability' means the estimated excess of
the present value of all benefits payable from the Fund to
employees and Members, and former employees and Members,
subject to this subchapter, and their survivors, over the
present value of deductions to be withheld from the future
basic pay of employees and Members currently subject to this
subchapter and of future agency contributions to be made in
their behalf;''
(D) in paragraph (27) by striking ``and'' at the
end;
(E) in paragraph (28) by striking the period at the
end and inserting a semicolon; and
(F) by adding at the end the following paragraphs:
``(29) `dynamic assumptions' means economic assumptions
that are used in determining actuarial costs and liabilities of
a retirement system and in anticipating the effects of long-
term future--
``(A) investment yields;
``(B) increases in rates of basic pay; and
``(C) rates of price inflation; and
``(30) `unfunded liability' means the estimated excess of--
``(A) the actuarial present value of all future
benefits payable from the Fund under this subchapter
based on the service of current or former employees or
Members, over
``(B) the sum of--
``(i) the actuarial present value of
deductions to be withheld from the future basic
pay of employees and Members currently subject
to this chapter pursuant to section 8334;
``(ii) the actuarial present value of the
future contributions to be made pursuant to
section 8334 with respect to employees and
Members currently subject to this subchapter;
``(iii) the Fund balance, as defined in
paragraph (18), as of the date the unfunded
liability is determined; and
``(iv) any other appropriate amount, as
determined by the Office of Personnel
Management in accordance with generally
accepted actuarial practices and principles.'';
(2) in section 8334--
(A) in subsection (a)(1)--
(i) by striking the last two sentences;
(ii) by redesignating that subsection, as
so amended, as (a)(1)(A); and
(iii) by adding at the end the following
new subparagraphs:
``(B) Except as provided in subparagraph (E), each employing agency
having any employees or Members subject to subparagraph (A) shall
contribute from amounts available for salaries and expenses an amount
equal to the sum of--
``(i) the product of--
``(I) the normal cost percentage, as determined for
employees (other than employees covered by clause
(ii)), multiplied by
``(II) the aggregate amount of basic pay payable by
the agency, for the period involved, to employees
(under subclause (I)) who are within such agency; and
``(ii) the product of--
``(I) the normal cost percentage, as determined for
Members, Congressional employees, law enforcement
officers, firefighters, air traffic controllers,
bankruptcy judges, Court of Federal Claims judges,
United States magistrates, judges of the United States
Court of Appeals for the Armed Forces, members of the
Capitol Police, nuclear materials couriers, and members
of the Supreme Court Police, multiplied by
``(II) the aggregate amount of basic pay payable by
the agency for the period involved, to employees and
Members (under subclause (I)) who are within such
agency.
``(C) In determining the normal cost percentage to be applied under
subparagraph (B), amounts provided for under subparagraph (A) shall be
taken into account.
``(D) Contributions under this paragraph shall be paid--
``(i) in the case of law enforcement officers,
firefighters, air traffic controllers, bankruptcy judges, Court
of Federal Claims judges, United States magistrates, judges of
the United States Court of Appeals for the Armed Forces,
members of the Supreme Court Police, nuclear materials couriers
and other employees, from the appropriations or fund used to
pay such law enforcement officers, firefighters, air traffic
controllers, bankruptcy judges, Court of Federal Claims judges,
United States magistrates, judges of the United States Court of
Appeals for the Armed Forces, members of the Supreme Court
Police, nuclear materials couriers and other employees,
respectively;
``(ii) in the case of elected officials, from an
appropriation or fund available for payment of other salaries
of the same office or establishment; and
``(iii) in the case of employees of the legislative branch
paid by the Clerk of the House of Representatives, from the
contingent fund of the House of Representatives.
``(E) In the case of the United States Postal Service, the
Metropolitan Washington Airports Authority, and the government of the
District of Columbia, an amount equal to that withheld under
subparagraph (A) shall be contributed from the appropriation or fund
used to pay the employee.'';
(B) in subsection (k)--
(i) in paragraph (1)--
(I) in subparagraph (A) by striking
``the first sentence of subsection
(a)(1) of this section'' and inserting
``subsection (a)(1)(A)''; and
(II) by amending subparagraph (B)
to read as follows:
``(B) the amount of the contribution under subsection
(a)(1)(B) shall be the amount contributed under such subsection
if this subsection had not been enacted.''
(ii) in paragraph (2)(C)(iii) by striking
``the first sentence of subsection (a)(1)'' and
inserting ``subsection (a)(1)(A)''; and
(3) in section 8348--
(A) by repealing subsection (f);
(B) by amending subsection (g) to read as follows:
``(g)(1)(A) Not later than June 30, 2011, the Office of the Actuary
shall determine the unfunded liability of the Fund, as of September 30,
2010, attributable to benefits payable under this chapter and make
recommendations regarding its liquidation. After considering such
recommendations, the Office shall establish an amortization schedule,
including a series of annual installments commencing October 1, 2011,
which provides for the liquidation of such liability by October 1,
2049.
``(B) The Office shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year, for each fiscal year beginning
after September 30, 2010, through the fiscal year ending September 30,
2044, and shall establish a new amortization schedule, including a
series of annual installments commencing on October 1 of the second
subsequent fiscal year, which provides for the liquidation of such
liability by October 1, 2049.
``(C) The Office shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year for each fiscal year beginning
after September 30, 2044, and shall establish a new amortization
schedule, including a series of annual installments commencing on
October 1 of the second subsequent fiscal year, which provides for the
liquidation of such liability over five years.
``(D) Amortization schedules established under this paragraph shall
be set in accordance with generally accepted actuarial practices and
principles, with interest computed at the rate used in the most recent
valuation of the Civil Service Retirement System.
``(2) At the beginning of each fiscal year, beginning on October 1,
2011, the Office shall notify the Secretary of the Treasury of the
amount of the first installment under the most recent amortization
schedule established under paragraph (1). The Secretary shall credit
that amount to the Fund, as a Government contribution, out of any money
in the Treasury of the United States not otherwise appropriated.
``(3) For the purpose of carrying out paragraph (1) with respect to
any fiscal year, the Office may--
``(A) require the Board of Actuaries of the Civil Service
Retirement System to make actuarial determinations and
valuations, make recommendations, and maintain records in
accordance with section 8347(f); and
``(B) use the latest actuarial determinations and
valuations made by such Board of Actuaries.'';
(C) in subsections (h), (i), and (m) by striking
``unfunded'' and inserting ``accrued'' each place it
appears; and
(D) by adding at the end the following new
subsection:
``(n) Under regulations prescribed by the Office, the head of an
agency may request reconsideration of any amount determined to be
payable with respect to such agency under section 8334(a)(1)(B)-(D).
Any such request shall be referred to the Board of Actuaries of the
Civil Service Retirement System. The Board of Actuaries shall review
the computations of the Office and may make any adjustment with respect
to any such amount which the Board determines appropriate. A
determination by the Board of Actuaries under this subsection shall be
final.''.
(b) Government Contributions.--Section 8423 of title 5, United
States Code, is amended--
(1) in subsection (a)(2) by striking ``section 8422'' and
inserting ``section 8422(a)''; and
(2) in subsection (b)(2) by striking ``equal annual
installments'' and inserting ``annual installments set in
accordance with generally accepted actuarial practices and
principles''.
SEC. 502. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM.
(a) Section 101 of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2001) is amended--
(1) in paragraph (5), to read as follows:
``(5) Unfunded liability.--The term `unfunded liability'
means the estimated excess of--
``(A) the actuarial present value of all future
benefits payable from the Fund under title II of this
Act based on the service of current or former
participants, over
``(B) the sum of--
``(i) the actuarial present value of
deductions to be withheld from the future basic
pay of participants currently subject to title
II of this Act pursuant to section 211;
``(ii) the actuarial present value of the
future contributions to be made pursuant to
section 211 with respect to participants
currently subject to title II of this Act;
``(iii) the Fund balance, as defined in
paragraph (4), as of the date the unfunded
liability is determined; and
``(iv) any other appropriate amount, as
determined by the Director in accordance with
generally accepted actuarial practices and
principles.'';
(2) in paragraph (6)--
(A) by striking ```normal cost''' and inserting
```normal cost percentage'''; and
(B) by inserting ``and standards (using dynamic
assumptions)'' after ``practice''; and
(3) by adding at the end the following paragraph:
``(10) Dynamic assumptions.--The term `dynamic assumptions'
means economic assumptions that are used in determining
actuarial costs and liabilities of a retirement system and in
anticipating the effects of long-term future--
``(A) investment yields;
``(B) increases in rates of basic pay; and
``(C) rates of price inflation.''.
(b) Section 202 of such Act (50 U.S.C. 2012) is amended by adding
at the end the following: ``The Fund is appropriated for the payment of
benefits as provided by this title.''.
(c) Section 211(a)(2) of such Act (50 U.S.C. 2021(a)(2)) is amended
to read as follows:
``(2) Agency contributions.--The Agency shall contribute to
the Fund the amount computed in a manner similar to that used
under section 8334(a) of title 5, United States Code, pursuant
to determinations of the normal cost percentage of the Central
Intelligence Agency Retirement and Disability System by the
Director. Contributions under this paragraph shall be paid from
amounts available for salaries and expenses.''.
(d) Section 261 of such Act (50 U.S.C. 2091) is amended--
(1) by striking subsections (c), (d), and (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c)(1) Not later than June 30, 2011, the Director shall cause to
be made actuarial valuations of the Fund that determine the unfunded
liability of the Fund, as of September 30, 2010, attributable to
benefits payable under this title and make recommendations regarding
its liquidation. After considering such recommendations, the Director
shall establish an amortization schedule, including a series of annual
installments commencing October 1, 2011, which provides for the
liquidation of such liability by October 1, 2049.
``(2) The Director shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year, for each fiscal year beginning
after September 30, 2010, through the fiscal year ending September 30,
2044, and shall establish a new amortization schedule, including a
series of annual installments commencing on October 1 of the second
subsequent fiscal year, which provides for the liquidation of such
liability by October 1, 2049.
``(3) The Director shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year for each fiscal year beginning
after September 30, 2044, and shall establish a new amortization
schedule, including a series of annual installments commencing on
October 1 of the second subsequent fiscal year, which provides for the
liquidation of such liability over five years.
``(4) Amortization schedules established under this subsection
shall be set in accordance with generally accepted actuarial practices
and principles, with interest computed at the rate used in the most
recent valuation of the Civil Service Retirement and Disability System.
``(d) At the beginning of each fiscal year, beginning on October 1,
2011, the Director shall notify the Secretary of the Treasury of the
amount of the first installment under the most recent amortization
schedule established under subsection (c). The Secretary shall credit
that amount to the Fund, as a Government contribution, out of any money
in the Treasury of the United States not otherwise appropriated. For
the purposes of section 504 of the National Security Act of 1947, this
amount shall be considered authorized.''.
(e)(1) Title III of such Act (50 U.S.C. 2151 et seq.) is amended by
adding at the end the following new section:
``SEC. 308. FULL FUNDING OF RETIREE COSTS FOR EMPLOYEES DESIGNATED
UNDER SECTION 302.
``(a) In addition to other government contributions required by
law, the Agency shall contribute to the Civil Service Retirement and
Disability Fund (hereinafter in this section referred to as the `Fund')
amounts calculated in accordance with section 8423 of title 5, United
States Code, based on the projected number of employees to be
designated pursuant to section 302 of this Act. In addition, the
Agency, in a manner similar to that established for employee
contributions to the Fund by section 8422 of title 5, United States
Code, will contribute an amount equal to the difference between that
contributed by the number of employees projected to be designated under
section 302 and the amounts that are actually being deducted and
contributed from the basic pay of an equal number of employees pursuant
to section 8422. The amounts of the Agency's contributions under this
subsection shall be determined by the Director of the Office of
Personnel Management, in consultation with the Director, and shall be
paid by the Agency from funds available for salaries and expenses.
Agency employees designated pursuant to section 302 of this Act shall,
commencing with such designation, have deducted from their basic pay
the full amount required by section 8422 of title 5, United States
Code, and such deductions shall be contributed to the Fund.
``(b)(1) The Director of the Office of Personnel Management, in
consultation with the Director, shall determine the total amount of
unpaid contributions (government and employee contributions) and
interest attributable to the number of individuals employed with the
Agency on September 30, 2011, who are projected to be designated under
section 302 of this Act, but are not yet designated under that section
as of that date. The amount shall be referred to as the section 302
unfunded liability.
``(2) Not later than June 30, 2012, the Director of the Office of
Personnel Management, in consultation with the Director, shall
establish an amortization schedule, setting forth a series of annual
installments commencing September 30, 2012, which provides for the
liquidation of the section 302 unfunded liability by September 30,
2019.
``(3) At the end of each fiscal year, beginning on September 30,
2012, the Director shall notify the Secretary of the Treasury of the
amount of the annual installment under the amortization schedule
established under paragraph (2) of this subsection. Before closing the
accounts for that fiscal year, the Secretary shall credit that amount
to the Fund, out of any money in the Treasury of the United States not
otherwise appropriated.
``(c) Amounts paid by the Agency pursuant to this section are
deemed to be specifically authorized by the Congress for the purposes
of section 504 of the National Security Act of 1947.''.
(2) The table of contents of such Act is amended by inserting after
the item relating to section 307 the following new item:
``Sec. 308. Full funding of retiree costs for employees designated
under section 302.''.
SEC. 503. FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM.
(a) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended in section 804 (22 U.S.C. 4044)--
(1) by amending paragraph (5) to read as follows:
``(5) `normal cost percentage' means the entry-age normal
cost computed in accordance with generally accepted actuarial
practice and standards (using dynamic assumptions) and
expressed as a level percentage of aggregate basic pay.'';
(2) by amending paragraph (14) to read as follows:
``(14) `unfunded liability' means the estimated excess of--
``(A) the actuarial present value of all future
benefits payable from the Fund under this part based on
the service of current or former participants, over
``(B) the sum of--
``(i) the actuarial present value of
deductions to be withheld from the future basic
pay of participants currently subject to this
part pursuant to section 805;
``(ii) the actuarial present value of the
future contributions to be made pursuant to
section 805 with respect to participants
currently subject to this part;
``(iii) the Fund balance, as defined in
paragraph (7), as of the date the unfunded
liability is determined, excluding any amount
attributable to the Foreign Service Pension
System, or contributions made under the Federal
Employees' Retirement Contribution Temporary
Adjustment Act of 1983 by or on behalf of any
individual who became subject to the Foreign
Service Pension System; and
``(iv) any other appropriate amount, as
determined by the Secretary of the Treasury in
accordance with generally accepted actuarial
practices and principles.''
(3)(A) by striking the period at the end of paragraph (15)
and inserting ``; and''; and
(B) by adding at the end the following new paragraph:
``(16) `dynamic assumptions' means economic assumptions
that are used in determining actuarial costs and liabilities of
a retirement system and in anticipating the effects of long-
term future--
``(A) investment yields;
``(B) increases in rates of basic pay; and
``(C) rates of price inflation.''.
(b) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended in section 852 (22 U.S.C. 4071a)--
(1) in paragraph (4)--
(A) by striking ``normal cost'' and inserting
``normal cost percentage''; and
(B) by striking ``by the Secretary of State'';
(2) in paragraph (7)--
(A) by striking ``supplemental'' and inserting
``unfunded'';
(B) in subparagraph (B)(i) by striking ``(I)'' and
``and (II) contributions for past civilian and military
service''; and
(C) in subparagraph (B)(ii) by inserting before the
semicolon ``with respect to participants currently
subject to this part''; and
(3)(A) at the end of paragraph (8) by striking ``and'';
(B) at the end of paragraph (9) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(10) `dynamic assumptions' means economic assumptions
that are used in determining actuarial costs and liabilities of
a retirement system and in anticipating the effects of long-
term future--
``(A) investment yields;
``(B) increases in rates of basic pay; and
``(C) rates of price inflation.''.
(c) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended in section 805(a)(1) (22 U.S.C. 4045(a))--
(1) by striking the second sentence;
(2) (by redesignating that subsection, as so amended, as
(a)(1)(A);
(3) by redesignating the last sentence of that subsection,
as so amended as (a)(1)(C);
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Each employing agency having participants
shall contribute to the Fund the amount computed in a
manner similar to that used under section 8334(a) of
title 5, United States Code, pursuant to determinations
of the normal cost percentage of the Foreign Service
Retirement and Disability System. Contributions under
this subparagraph shall be paid from the appropriations
or fund used for payment of the salary of the
participant.'';
(5) in subsection (a)(2)(A) by striking ``An equal amount
shall be contributed by the Department'' and inserting in its
place ``Each employing agency having participants shall
contribute to the Fund the amount computed in a manner similar
to that used under section 8334(a) of title 5, United States
Code, pursuant to determinations of the normal cost percentage
of the Foreign Service Retirement and Disability System''; and
(6) in subsection (a)(2)(B) by striking ``An equal amount
shall be contributed by the Department'' and inserting in its
place ``Each employing agency having participants shall
contribute to the Fund from amounts available for salaries and
expenses the amount computed in a manner similar to that used
under section 8334(a) of title 5, United States Code, pursuant
to determinations of the normal cost percentage of the Foreign
Service Retirement and Disability System''.
(d) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended by repealing sections 821 and 822 (22 U.S.C. 4061 and
4062) and by adding the following new section:
``Sec. 821. Unfunded liability
``(a)(1) Not later than June 30, 2011, the Secretary of State shall
cause to be made actuarial valuations of the Fund that determine the
unfunded liability of the Fund, as of September 30, 2010, attributable
to benefits payable under this subchapter and make recommendations
regarding its liquidation. After considering such recommendations, the
Secretary of State shall establish an amortization schedule, including
a series of annual installments commencing October 1, 2010, which
provides for the liquidation of such liability by October 1, 2049.
``(2) The Secretary of State shall redetermine the unfunded
liability of the Fund as of the close of the fiscal year, for each
fiscal year beginning after September 30, 2010, through the fiscal year
ending September 30, 2044, and shall establish a new amortization
schedule, including a series of annual installments commencing on
October 1 of the second subsequent fiscal year, which provides for the
liquidation of such liability by October 1, 2049.
``(3) The Secretary of State shall redetermine the unfunded
liability of the Fund as of the close of the fiscal year for each
fiscal year beginning after September 30, 2044, and shall establish a
new amortization schedule, including a series of annual installments
commencing on October 1 of the second subsequent fiscal year, which
provides for the liquidation of such liability over five years.
``(4) Amortization schedules established under this subsection
shall be set in accordance with generally accepted actuarial practices
and principles, with interest computed at the rate used in the most
recent valuation of the Foreign Service Retirement and Disability
System.
``(b) At the beginning of each fiscal year, beginning on October 1,
2011, the Secretary of State shall notify the Secretary of the Treasury
of the amount of the first installment under the most recent
amortization schedule established under paragraph (1). The Secretary of
the Treasury shall credit that amount to the Fund, as a Government
contribution, out of any money in the Treasury of the United States not
otherwise appropriated.''.
(e) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended in section 857(b)(1) (22 U.S.C. 4071f(b)(1)) by
striking ``equal annual installments'' and inserting ``annual
installments set in accordance with generally accepted actuarial
practices and principles''.
(f) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended in section 859 (22 U.S.C. 4071h) by adding
``percentage'' after ``normal cost''.
(g) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended in section 802 (22 U.S.C. 4042) by adding at the end
the following: ``The Fund is appropriated for the payment of benefits
as provided by this subchapter.''.
(h) Chapter 8 of title I of the Foreign Service Act of 1980, Public
Law 96-465, (22 U.S.C. 4041 et seq.) 94 Stat. 2071, as amended, is
further amended in section 818 (22 U.S.C. 4058) by striking ``System''
and inserting ``Systems under this subchapter''.
SEC. 504. PUBLIC HEALTH SERVICE COMMISSIONED CORPS RETIREMENT SYSTEM.
(a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by adding at the end the following new
part:
``Part C--Public Health Service Commissioned Corps Retirement System
``establishment and purpose of fund
``Sec. 251. There is established on the books of the Treasury a
fund to be known as the Public Health Service Commissioned Corps
Retirement Fund (hereinafter in this part referred to as the `Fund'),
which shall be administered by the Secretary. The Fund shall be used
for the accumulation of funds in order to finance on an actuarially
sound basis liabilities of the Department of Health and Human Services
for benefits payable on account of retirement, disability, or death to
commissioned officers of the Public Health Service and to their
survivors pursuant to part A of this title.
``assets of the fund
``Sec. 252. There shall be deposited into the Fund the following,
which shall constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 255.
``(2) Any return on investment of the assets of the Fund.
``(3) Amounts transferred into the Fund pursuant to section
504(c) of the Spending, Deficit, and Debt Control Act of 2009.
``payment from the fund
``Sec. 253. There shall be paid from the Fund benefits payable on
account of retirement, disability, or death to commissioned officers of
the Public Health Service and to their survivors pursuant to part A of
this title.
``determination of contributions to the fund
``Sec. 254. (a)(1) Not later than June 30, 2011, the Secretary
shall determine the unfunded liability of the Fund attributable to
service performed as of September 30, 2010, which is `active service'
for the purpose of section 212. The Secretary shall establish an
amortization schedule, including a series of annual installments
commencing October 1, 2011, which provides for the liquidation of such
liability by October 1, 2049.
``(2) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year, for each fiscal year beginning
after September 30, 2010, through the fiscal year ending September 30,
2044, and shall establish a new amortization schedule, including a
series of annual installments commencing on October 1 of the second
subsequent fiscal year, which provides for the liquidation of such
liability by October 1, 2049.
``(3) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year for each fiscal year beginning
after September 30, 2044, and shall establish a new amortization
schedule, including a series of annual installments commencing on
October 1 of the second subsequent fiscal year, which provides for the
liquidation of such liability over five years.
``(b) The Secretary shall determine each fiscal year, in sufficient
time for inclusion in the budget request for the following fiscal year,
the total amount of Department of Health and Human Services
contributions to be made to the Fund during the fiscal year under
section 255(a). That amount shall be the sum of--
``(1) the product of--
``(A) the current estimate of the value of the
single level percentage of basic pay to be determined
under subsection (c)(1) at the time of the most recent
actuarial valuation under subsection (c); and
``(B) the total amount of basic pay expected to be
paid during that fiscal year to commissioned officers
of the Public Health Service on active duty (other than
active duty for training); and
``(2) the product of--
``(A) the current estimate of the value of the
single level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) to be determined under subsection
(c)(2) at the time of the most recent actuarial
valuation under subsection (c); and
``(B) the total amount of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) expected to be paid during the
fiscal year to commissioned officers of the Reserve
Corps of the Public Health Service (other than officers
on full-time duty other than for training) who are not
otherwise described in subparagraph (A).
``(c) Not less often than every four years thereafter (or by the
fiscal year end prior to the effective date of any statutory change
affecting benefits payable on account of retirement, disability, or
death to commissioned officers or their survivors), the Secretary shall
carry out an actuarial valuation of benefits payable on account of
retirement, disability, or death to commissioned officers of the Public
Health Service and to their survivors pursuant to part A of this title.
Each such actuarial valuation shall be signed by an enrolled Actuary
and shall include--
``(1) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay for
commissioned officers of the Public Health Service on active
duty (other than active duty for training); and
``(2) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37, United
States Code) of commissioned officers of the Reserve Corps of
the Public Health Service (other than officers on full time
duty other than for training) who are not otherwise described
in paragraph (1).
``(d) All determinations under this section shall be in accordance
with generally accepted actuarial principles and practices and, where
appropriate, shall follow the general pattern of methods and
assumptions approved by the Department of Defense Retirement Board of
Actuaries.
``(e) The Secretary shall provide for the keeping of such records
as are necessary for determining the actuarial status of the Fund.
``payments into the fund
``Sec. 255. (a) From amounts available to the Department of Health
and Human Services for salaries and expenses, the Secretary shall pay
into the Fund at the end of each month the amount that is the sum of--
``(1) the product of--
``(A) the level percentage of basic pay determined
using all the methods and assumptions approved for the
most recent (as of the first day of the current fiscal
year) actuarial valuation under sections 254(C)(1)
(except that any statutory change affecting benefits
payable on account of retirement, disability, or death
to commissioned officers or their survivors that is
effective after the date of that valuation and on or
before the first day of the current fiscal year shall
be used in such determination); and
``(B) the total amount of basic pay accrued for
that month by commissioned officers of the Public
Health Service on active duty (other than active duty
for training); and
``(2) the product of--
``(A) the level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) determined using all the methods
and assumptions approved for the most recent (as of the
first day of the current fiscal year) actuarial
valuation under section 254(C)(2) (except that any
statutory change affecting benefits payable on account
of retirement, disability, or death to commissioned
officers or their survivors that is effective after the
date of that valuation and on or before the first day
of the current fiscal year shall be used in such
determinations); and
``(B) the total amount of basic pay and of
compensation (paid pursuant to section 206 of title 37,
United States Code) accrued for that month by
commissioned officers of the Reserve Corps of the
Public Health Service (other than officers on full-time
duty other than for training).
``(b) At the beginning of each fiscal year, beginning on October 1,
2011, the Secretary shall certify to the Secretary of the Treasury the
amount of the first installment under the most recent amortization
schedule established under section 254(a). The Secretary of the
Treasury shall pay into the Fund from the General Fund of the Treasury
the amount so certified. Such payment shall be the contribution to the
Fund for that fiscal year.
``investments of assets of fund
``Sec. 256. The Secretary may request the Secretary of the Treasury
to invest such portion of the Fund as is not, in the judgment of the
Secretary, required to meet the current needs of the Fund. Such
investments shall be made by the Secretary of the Treasury in public
debt securities with maturities suitable to the needs of the Fund, as
determined by the Secretary, and bearing interest at rates determined
by the Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United
States of comparable maturities. The income on such investments shall
be credited to and form a part of the Fund.
``implementation year exceptions
``Sec. 257. (a) To avoid funding shortfalls in the first year
should formal actuarial determinations not be available in time for
budget preparation, the amounts used in the first year in sections
255(a)(1)(A) and 255(a)(2)(A) shall be set equal to those estimates in
sections 254(b)(1)(A) and 254(b)(2)(A) if final determinations are not
available. The original unfunded liability as defined in section 254(a)
shall include an adjustment to correct for this difference between the
formal actuarial determinations and the estimates in sections
254(b)(1)(A) and 254(b)(2)(A).''.
(b) Conforming Amendments.--Section 214 of the Public Health
Service Act (42 U.S.C. 215) is amended by adding at the end the
following new subsection:
``(e) The Secretary shall condition any detail under subsection
(a), (b), or (c) upon the agreement of the executive department, State,
subdivision, Committee of the Congress, or institution concerned to pay
to the Department of Health and Human Services, in advance or by way of
reimbursement, for the full cost of the detail including that portion
of the contributions under section 255(a) that is attributable to the
detailed personnel.''.
(c) Transfer of Appropriations.--There shall be transferred on
October 1, 2012, into the fund established under section 251 of the
Public Health Service Act, as added by subsection (a), any obligated or
unobligated balances of appropriations made to the Department of Health
and Human Services that are currently available for benefits payable on
account of retirement, disability, or death to commissioned officers of
the Public Health Service and to their survivors pursuant to part A of
title II of the Public Health Service Act, and amounts so transferred
shall be part of the assets of the Fund.
SEC. 505. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED
OFFICER CORPS RETIREMENT SYSTEM.
(a) In General.--The National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (title II of
Public Law 107-372) is amended by inserting after section 246 (33
U.S.C. 3046) the following new section:
``SEC. 246A NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS RETIREMENT SYSTEM.
``(a) Establishment and Purpose of NOAA Commissioned Officer Corps
Retirement Fund.--
``(1) There is established on the books of the Treasury a fund to
be known as the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Retirement Fund (hereinafter in this section
referred to as the `Fund'), which shall be administered by the
Secretary. The Fund shall be used for the accumulation of funds in
order to finance on an actuarially sound basis liabilities of the
Department of Commerce under military retirement and survivor benefit
programs for the commissioned officers corps.
``(2) The term `military retirement and survivor benefit program'
means--
``(A) the provisions of this title and title 10, United
States Code, creating entitlement to, or determining, the
amount of retired pay;
``(B) the programs under the jurisdiction of the Department
of Defense providing annuities for survivors and members and
former members of the Armed Forces, including chapter 73 of
title 10, section 4 of Public Law 92-425, and section 5 of
Public Law 96-202, as made applicable to the commissioned
officer corps by section 261.
``(b) Assets of the Fund.--There shall be deposited into the Fund
the following, which shall constitute the assets of the Fund:
``(1) Amounts paid into the Fund under subsection (e).
``(2) Any return on investment of the assets of the Fund.
``(3) Amounts transferred into the Fund pursuant to section
405(b) of the Spending, Deficit, and Debt Control Act of 2009.
``(c) Payments From the Fund.--There shall be paid from the Fund
benefits payable on account of military retirement and survivor benefit
programs to commissioned officers of the commissioned officer corps and
their survivors.
``(d) Determination of Contributions to the Fund.--(1)(A) Not later
than June 30, 2010, the Secretary shall determine the unfunded
liability of the Fund attributable to service performed as of September
30, 2010, which is `active service' for the purpose of this title. The
Secretary shall establish an amortization schedule, including a series
of annual installments commencing October 1, 2011, which provides for
the liquidation of such liability by October 1, 2049.
``(B) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year, for each fiscal year beginning
after September 30, 2010, through the fiscal year ending September 30,
2044, and shall establish a new amortization schedule, including a
series of annual installments commencing on September 30 of the
subsequent fiscal year, which provides for the liquidation of such
liability by October 1, 2049.
``(C) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year for each fiscal year beginning
after September 30, 2044, and shall establish a new authorization
schedule, including series of annual installments commencing on October
1 of the second subsequent fiscal year, which provides for the
liquidation of such liability over five years.
``(2) The Secretary shall determine each fiscal year, in sufficient
time for inclusion in the budget request for the following fiscal year,
the total amount of Department of Commerce contributions to be made to
the Fund during that fiscal year under (e). The amount shall be the
product of--
``(A) the current estimate of the value of the single level
percentage of basic pay to be determined under subsection (e)
at the time of the most recent actuarial valuation under
paragraph (3); and
``(B) the total amount of basic pay expected to be paid
during that fiscal year to commissioned officers of NOAA on
active duty.
``(3) Not less often then every four years (or by the fiscal year
end before the effective date of any statutory change affecting
benefits payable on account of retirement, disability, or death to
commissioned officers or their survivors), the Secretary shall carry
out an actuarial valuation of benefits payable on account of military
retirement and survivor benefit programs to commissioned officers of
the Administration and to their survivors. Each such actuarial
valuation shall be signed by an enrolled Actuary and shall include a
determination (using the aggregate entry-age normal cost method) of a
single level percentage of basic pay for commissioned officers on
active duty.
``(4) All determinations under this section shall be in accordance
with generally accepted actuarial principles and practices, and, where
appropriate, shall follow the general pattern of methods and
assumptions approved by the Department of Defense Retirement Board of
Actuaries.
``(5) The Secretary shall provide for the keeping of such records
as are necessary for determining the actuarial status of the Fund.
``(e) Payments Into the Fund.--(1) From amounts appropriated to the
National Oceanic Atmospheric Administration for salaries and expenses,
the Secretary shall pay into the Fund at the end of each month the
amount that is the product of--
``(A) the level percentage of basic pay determined using
all the methods and assumptions approved for the most recent
(as of the first day of the current fiscal year) actuarial
valuation under subsection (d) (except that any statutory
change affecting benefits payable on account of military
retirement and survivor benefit programs to commissioned
officers of the Administration and to their survivors that is
effective date after the date of that valuation and on or
before the first day of the current fiscal year shall be used
in such determination); and
``(B) the total amount of basic pay accrued for that month
by commissioned officers on active duty.
``(2)(A) At the beginning of each fiscal year, the Secretary shall
determine the sum of--
``(i) the amount of the payment for that year under the
amortization of the original unfunded liability of the Fund;
``(ii) the amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary for the amortization of any cumulative actuarial
gain or loss to the Fund, resulting from changes in benefits;
and
``(iii) the amount (including any negative amount) for that
year under the most recent amortization schedule determined by
the Secretary for the amortization or any cumulative actuarial
gain or loss to the Fund resulting from changes in actuarial
assumptions and from experience different from the assumed
since the last valuation.
The Secretary shall promptly certify the amount of the sum to the
Secretary of the Treasury.
``(B) Upon receiving the certification pursuant to paragraph (1),
the Secretary of the Treasury shall promptly pay into the Fund from the
General Fund of the Treasury the amount so certified. Such payment
shall be the contribution to the Fund for that fiscal year.
``(f) Investment of Assets of the Fund.--The Secretary may request
the Secretary of the Treasury to invest such portion of the Fund as is
not, in the judgment of the Secretary, required to meet the current
needs of the Fund. Such investments shall be made by the Secretary of
the Treasury in public debt securities with maturities suitable to the
needs of the Fund, as determined by the Secretary, and bearing interest
at rates determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. The income
of such investments shall be credited to and form a part of the Fund.
``(g) Implementation Year Exceptions.--(1) To avoid funding
shortfalls in the first year should formal actuarial determinations not
be available in time for budget preparation, the amounts used in the
first year in subsection (e)(1)(A) shall be set equal to the estimate
in subsection (d)(2)(A) if final determinations are not available. The
original unfunded liability as determined in subsection (d)(1) shall
include an adjustment to correct for this difference between the formal
actuarial determinations and the estimates in subsection (d)(2)(A).''.
(b) Transfer of Appropriations.--There shall be transferred on
October 1, 2012, into the fund established under section 246A(a) of the
National Oceanic and Atmospheric Administration Commissioned Officer
Corps Act of 2002 (title II of Public Law 107-372, as added by
subsection (a)), any obligated and unobligated balance of
appropriations made to the Department of Commerce that are available as
of the date of the enactment of this Act for benefits payable on
account of military retirement and survivor benefit programs to
commissioned officers of the NOAA Commissioned Officer Corps and to
their survivors, and amounts so transferred shall be part of the assets
of the Fund, effective October 1, 2012.
(c) Effective Date.--Subsection (c) (relating to payments from the
Fund) and (e) (relating to payments into the Fund) of section 246A of
the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (title II of Public Law 107-372, as added by
subsection (a)), shall take effect on October 1, 2010.
SEC. 506. COAST GUARD MILITARY RETIREMENT SYSTEM.
(a) Accrual Funding for Coast Guard Retirement.--
(1) In general.--Chapter 11 of title 14, United States
Code, is amended by adding at the end the following new
subchapter:
``SUBCHAPTER V--COAST GUARD MILITARY RETIREMENT FUND
``Sec. 441. Establishment and purpose of Fund; definitions
``(a) Establishment of Fund; Purpose.--There is established on the
books of the Treasury a fund to be known as the Coast Guard Military
Retirement Fund (hereinafter in this subchapter referred to as the
`Fund'), which shall be administered by the Secretary. The Fund shall
be used for the accumulations of funds in order to finance on an
actuarially sound basis liabilities of the Coast Guard under military
retirement and survivor benefit programs.
``(b) Military Retirement and Survivor Benefit Programs Defined.--
In this subchapter, the term `military retirement and survivor benefit
programs' means--
``(1) the provisions of this title and title 10 creating
entitlement to, or determining the amount of, retired pay;
``(2) the programs providing annuities for survivors of
members and former members of the armed forces, including
chapter 73 of title 10, section 4 of Public Law 92-425, and
section 5 of Public Law 96-402; and
``(3) the authority provided in section 1048(h) of title
10.
``(c) Secretary Defined.--In this subchapter, the term `Secretary'
means the Secretary of Homeland Security when the Coast Guard is not
operating as a service in the Navy and the Secretary of Defense when
the Coast Guard is operating as a service in the Navy.
``Sec. 442. Assets of the Fund
``There shall be deposited into the Fund the following, which shall
constitute the assets of the Fund:
``(1) Amounts paid into the Fund under section 445 of this
title.
``(2) Any return on investment of the assets of the Fund.
``(3) Amounts transferred into the Fund pursuant to section
406(d) of the Spending, Deficit, and Debt Control Act of 2009.
``Sec. 443. Payments from the Fund
``(a) In General.--There shall be paid from the Fund the following:
``(1) Retired pay payable to persons on the retired list of
the Coast Guard.
``(2) Retired pay payable under chapter 1223 of title 10 to
former members of the Coast Guard and the former United States
Lighthouse Service.
``(3) Benefits payable under programs that provide
annuities for survivors of members and former members of the
armed forces, including chapter 73 of title 10, section 4 of
Public Law 92-425, and section 5 of Public Law 96-402.
``(4) Amounts payable under section 1048(h) of title 10.
``(b) Availability of Assets of the Fund.--The assets of the Fund
are hereby made available for payments under subsection (a).
``Sec. 444. Determination of contributions to the Fund
``(a) Initial Unfunded Liability.--(1) Not later than June 30,
2011, the Secretary shall determine the unfunded liability of the Fund
attributable to service performed as of September 30, 2010, which is
`active service' for the purposes of section 212. The Secretary shall
establish an amortization schedule, including a series of annual
installments commencing October 1, 2011, which provides for the
liquidation of such liability by October 1, 2049.
``(2) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year, for each beginning after
September 30, 2010, through the fiscal year ending September 30, 2044,
and shall establish a new amortization schedule, including a series of
annual installments commencing on October 1 of the second subsequent
fiscal year, which provides for the liquidation of such liability by
October 1, 2049.
``(3) The Secretary shall redetermine the unfunded liability of the
Fund as of the close of the fiscal year for each fiscal year beginning
after September 30, 2044, and shall establish a new amortization
schedule, including a series of annual installments commencing on
October 1 of the second subsequent fiscal year, which provides for the
liquidation of such liability over five years.
``(b) Annual Contributions for Current Services.--(1) The Secretary
shall determine each fiscal year, in sufficient time for inclusion in
the budget request for the following fiscal year, the total amount of
Department of Homeland Security, or Department of Defense,
contributions to be made to the Fund during that fiscal year under
section 445(a) of this title. That amount shall be the sum of the
following:
``(A) The product of--
``(i) the current estimate of the value of the
single level percentage of basic pay to be determined
under subsection (c)(1)(A) at the time of the most
recent actuarial valuation under subsection (c); and
``(ii) the total amount of basic pay expected to be
paid during that fiscal year to members of the Coast
Guard on active duty (other than active duty for
training).
``(B) The product of--
``(i) the current estimate of the value of the
single level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37)
to be determined under subsection (c)(1)(B) at the time
of the most recent actuarial valuation under subsection
(c); and
``(ii) the total amount of basic pay and
compensation (paid pursuant to section 206 of title 37)
expected to be paid during that fiscal year to members
of the Coast Guard Ready Reserve (other than members on
full-time Reserve duty other than for training) who are
not otherwise described in subparagraph (A)(ii).
``(2) The amount determined under paragraph (1) for any fiscal year
is the amount needed to be appropriated to the Department of Homeland
Security for that fiscal year for payments to be made to the Fund
during that year under section 445(a) of this title. The President
shall include not less than the full amount so determined in the budget
transmitted to Congress for that fiscal year under section 1105 of
title 31. The President may comment and make recommendations concerning
any such amount.
``(c) Periodic Actuarial Valuations.--(1) Not less often than every
four years (or before the effective date of any statutory change
affecting benefits payable on account of retirement, disability, or
death to members of the Coast Guard or their survivors), the Secretary
shall carry out an actuarial valuation of the Coast Guard military
retirement and survivor benefit programs. Each actuarial valuation of
such programs shall be signed by an enrolled actuary and shall
include--
``(A) a determination (using the aggregate entry-age normal
cost method) of a single level percentage of basic pay for
members of the Coast Guard on active duty (other than active
duty for training); and
``(B) a determination (using the aggregate entry-age normal
cost method) of single level percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37) for
members of the Ready Reserve of the Coast Guard (other than
members on full-time Reserve duty other than for training) who
are not otherwise described in subparagraph (A).
``(2) Such single level percentages shall be used for the purposes
of subsection (b) and section 445(a) of this title.
``(d) Use of Generally Accepted Actuarial Principles and
Practices.--All determinations under this section shall be in
accordance with generally accepted actuarial principles and practices
and, where appropriate, shall follow the general pattern of methods and
assumptions approved by the Department of Defense Retirement Board of
Actuaries.
``(e) Records.--The Secretary shall provide for the keeping of such
records as are necessary for determining the actuarial status of the
Fund.
``Sec. 445. Payments into the Fund
``(a) Monthly Accrual Charge for Current Services.--From amounts
appropriated to the Coast Guard for salaries and expenses, the
Secretary shall pay into the Fund at the end of each month as the
Department of Homeland Security, or Department of Defense, contribution
to the Fund for that month the amount that is the sum of the following:
``(1) The product of--
``(A) the level percentage of basic pay determined
using all the methods and assumptions approved for the
most recent (as of the first day of the current fiscal
year) actuarial valuation under section 444(c)(1)(A) of
this title (except that any statutory change in the
military retirement and survivor benefit systems that
is effective after the date of that valuation and on or
before the first day of the current fiscal year shall
be used in such determination); and
``(B) the total amount of basic pay accrued for
that month by members of the Coast Guard on active duty
(other than active duty for training).
``(2) The product of--
``(A) the level percentage of basic pay and
compensation (accrued pursuant to section 206 of title
37) determined using all the methods and assumptions
approved for the most recent (as of the first day of
the current fiscal year) actuarial valuation under
section 444(c)(1)(B) of this title (except that any
statutory change in the military retirement and
survivor benefit systems that is effective after the
date of that valuation and on or before the first day
of the current fiscal year shall be used in such
determination); and
``(B) the total amount of basic pay and of
compensation (paid pursuant to section 206 of title 37)
accrued for that month by members of the Ready Reserve
(other than members of full-time Reserve duty other
than for training) who are not otherwise described in
paragraph (1)(B).
``(b) Annual Payment for Unfunded Liabilities.--(1) At the
beginning of each fiscal year, beginning on October 1, 2011, the
Secretary shall certify to the Secretary of the Treasury the amount of
the first installment under the most recent amortization schedule
established under section 254(a). The Secretary of the Treasury shall
promptly pay into the Fund from the General Fund of the Treasury the
amount so certified. Such payment shall be the contribution to the Fund
for that fiscal year.
``Sec. 446. Investment of assets of the Fund
``The Secretary may request the Secretary of the Treasury to invest
such portion of the Fund as is not, in the judgment of the Secretary,
required to meet the current needs of the Fund. Such investments shall
be made by the Secretary of the Treasury in public debt securities with
maturities suitable to the needs of the Fund, as determined by the
Secretary, and bearing interest at rates determined by the Secretary of
the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturities. The income on such investments shall be credited to and
form a part of the Fund.''.
(2) Technical amendments.--Such chapter is further
amended--
(A) by amending the center heading after the table
of sections to read as follows:
``SUBCHAPTER I--OFFICERS'';
(B) by amending the center heading after section
336 to read as follows:
``SUBCHAPTER II--ENLISTED MEMBERS'';
(C) by amending the center heading after section
373 to read as follows:
``SUBCHAPTER III--GENERAL PROVISIONS'';
and
(D) by amending the center heading after section
425 to read as follows:
``SUBCHAPTER IV--SPECIAL PROVISIONS''.
(3) Clerical amendments.--The table of sections at the
beginning of such chapter is amended--
(A) by striking ``OFFICERS'' at the beginning of
the table and inserting ``SUBCHAPTER I--OFFICERS'';
(B) by striking ``ENLISTED MEMBERS'' after the item
relating to section 336 and inserting ``SUBCHAPTER II--
ENLISTED MEMBERS'';
(C) by striking ``GENERAL PROVISIONS'' after the
item relating to section 373 and inserting ``SUBCHAPTER
III--GENERAL PROVISIONS'';
(D) by striking ``SPECIAL PROVISIONS'' after the
item relating to section 425 and inserting ``SUBCHAPTER
IV--SPECIAL PROVISIONS''; and
(E) by adding at the end the following:
``subchapter v--coast guard military retirement fund
``441. Establishment and purpose of Fund; definitions.
``442. Assets of the Fund.
``443. Payments from the Fund.
``444. Determination of contributions to the Fund.
``445. Payments into the Fund.
``446. Investment of assets of the Fund.''.
(b) Implementation Year Exceptions.--To avoid funding shortfalls in
the first year of implementation of subchapter V of chapter 11 of title
14, United States Code, as added by subsection (a), if formal actuarial
determinations are not available in time for budget preparation, the
amounts used in the first year under sections 445(a)(1)(A) and
445(a)(2)(A) of such title shall be set equal to those estimates in
sections 444(b)(1)(A)(i) and 444(b)(1)(B)(i), respectively, of such
title if final determinations are not available. The original unfunded
liability, as defined in section 444(a) of such title, shall include an
adjustment to correct for this difference between the formal actuarial
determinations and the estimates in sections 444(b)(1)(A)(i) and
444(b)(1)(B)(i) of such title.
(c) Transfer of Existing Balances.--
(1) Transfer.--There shall be transferred into the Fund on
October 1, 2011, any obligated and unobligated balances of
appropriations made to the Department of Homeland Security that
are currently available for retired pay, and amounts so
transferred shall be part of the assets of the Fund.
(2) Fund defined.--For purposes of paragraph (1), the term
``Fund'' means the Coast Guard Military Retirement Fund
established under section 441 of title 14, United States Code,
as added by subsection (a).
(d) Effective Date.--Sections 443 (relating to payments from the
Fund) and 445 (relating to payments into the Fund) of title 14, United
States Code, as added by subsection (a), shall take effect on October
1, 2011.
Subtitle B--Accrual Funding of Post-Retirement Health Benefits Costs
for Federal Employees
SEC. 511. FEDERAL EMPLOYEES HEALTH BENEFITS FUND.
(a) Section 8906 of title 5, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (c)(1)
and by adding at the end the following new paragraphs:
``(2) In addition to Government contributions required by
subsection (b) and paragraph (1), each employing agency shall
contribute amounts as determined by the Office to be necessary to
prefund the accruing actuarial cost of post-retirement health benefits
for each of the agency's current employees who are eligible for
Government contributions under this section. Amounts under this
paragraph shall be paid by the employing agency separate from other
contributions under this section, from the appropriations or fund used
for payment of the salary of the employee, on a schedule to be
determined by the Office.
``(3) Paragraph (2) shall not apply to the United States Postal
Service or the Government of the District of Columbia.''
(2) by amending subsection (g)(1) to read as follows:
``(g)(1) Except as provided in paragraphs (2) and (3), all
Government contributions authorized by this section for health benefits
for an annuitant shall be paid from the Employees Health Benefits Fund
to the extent that funds are available in accordance with section
8909(h)(6) and, if necessary, from annual appropriations which are
authorized to be made for that purpose and which may be made available
until expended.''.
(b) Section 8909 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(h)(1) Not later than June 30, 2012, the Office shall determine
the existing liability of the Fund for post-retirement health benefits,
excluding the liability of the United States Postal Service for service
under section 8906(g)(2), under this chapter as of September 30, 2012.
The Office shall establish an amortization schedule, including a series
of annual installments commencing September 30, 2012, which provides
for the liquidation of such liability by September 30, 2048.
``(2) At the close of each fiscal year, for fiscal years beginning
after September 30, 2011, the Office shall determine the supplemental
liability of the Fund for post-retirement health benefits, excluding
the liability attributable to the United States Postal Service for
service subject to section 8906(g)(2), and shall establish an
amortization schedule, including a series of annual installments
commencing on September 30 of the subsequent fiscal year, which
provides for liquidation of such supplemental liability over 30 years.
``(3) Amortization schedules established under this paragraph shall
be set in accordance with generally accepted actuarial practices and
principles.
``(4) At the end of each fiscal year on and after September 30,
2012, the Office shall notify the Secretary of the Treasury of the
amounts of the next installments under the most recent amortization
schedules established under paragraphs (1) and (2). Before closing the
accounts for the fiscal year, the Secretary shall credit the sum of
these amounts (including in that sum any negative amount for the
amortization of the supplemental liability) to the Fund, as a
Government contribution, out of any money in the Treasury of the United
States not otherwise appropriated.
``(5) For the purpose of carrying out paragraphs (1) and (2), the
Office shall perform or arrange for actuarial determinations and
valuations and shall prescribe retention of such records as it
considers necessary for making periodic actuarial valuations of the
Fund.
``(6) Notwithstanding subsection (b), the amounts deposited into
the Fund pursuant to this subsection and section 8906(C)(2) to prefund
post-retirement health benefits costs shall be segregated within the
Fund so that such amounts, as well as earnings and proceeds under
subsection (c) attributable to them, may be used exclusively for the
purpose of paying Government contributions for post-retirement health
benefits costs. When such amounts are used in combination with amounts
withheld from annuitants to pay for health benefits, a portion of the
contributions shall then be set aside in the Fund as described in
subsection (b).
``(7) Under this subsection, `supplemental liability' means--
``(A) the actuarial present value for future post-
retirement health benefits that are the liability of the Fund,
less
``(B) the sum of--
``(i) the actuarial present value of all future
contributions by agencies and annuitants to the Fund
toward those benefits pursuant to section 8906;
``(ii) the present value of all scheduled
amortization payments to the Fund pursuant to
paragraphs (1) and (2);
``(iii) the Fund balance as of the date the
supplemental liability is determined, to the extent
that such balance is attributable to post-retirement
benefits; and
``(iv) any other appropriate amount, as determined
by the Office in accordance with generally accepted
actuarial practices and principles.''.
SEC. 512. FUNDING UNIFORMED SERVICES HEALTH BENEFITS FOR ALL RETIREES.
Title 10, United States Code, is amended--
(1) in the title of chapter 56, by striking ``DEPARTMENT OF
DEFENSE MEDICARE-ELIGIBLE'' and inserting ``UNIFORMED
SERVICES'';
(2) in section 1111--
(A) in subsection (a)--
(i) by striking ``Department of Defense
Medicare-Eligible'' and inserting ``Uniformed
Services'';
(ii) by striking ``Department of Defense
under''; and
(iii) by striking ``for Medicare-eligible
beneficiaries'';
(B) in subsection (c)--
(i) by striking ``The Secretary of Defense
may'' and inserting ``The Secretary of Defense
shall'';
(ii) by striking ``with any other'' and
inserting ``with each'';
(iii) by striking ``Any such agreement''
and inserting ``Such agreements''; and
(iv) by striking ``administering Secretary
may'' and inserting ``administrative Secretary
shall'';
(3) in section 1113--
(A) in subsection (a)--
(i) by striking ``and are Medicare
eligible'';
(ii) by striking ``who are Medicare
eligible''; and
(iii) by adding at the end the following
new sentence: ``For the fiscal year starting
October 1, 2010, only, the payments will be
solely for the costs of members or former
members of a uniformed service who are entitled
to retired or retainer pay and are Medicare-
eligible, and eligible dependents or survivors
who are Medicare-eligible.'';
(B) in subsection (c)(1), by striking ``who are
Medicare-eligible'';
(C) in subsection (d), by striking ``who are
Medicare-eligible''; and
(D) in subsection (f), by striking ``If'' and
inserting ``When'';
(4) in section 1114, in subsection (a)(1), by striking
``Department of Defense Medicare-Eligible'' and inserting
``Uniformed Services'';
(5) in section 1115--
(A) in subsection (b)(2), by striking ``The amount
determined under paragraph (1) for any fiscal year is
the amount needed to be appropriated to the Department
of Defense (or to the other executive department having
jurisdiction over the participating uniformed
service)'' and inserting ``The amount determined under
paragraph (1), or the amount determined under section
1111(c) for a participating uniformed service, for any
fiscal year, is the amount needed to be appropriated to
the Department of Defense (or to any other executive
department having jurisdiction over a participating
uniformed service)'';
(B) in subsection (c)(2), by striking ``for
Medicare eligible beneficiaries''; and
(C) by adding at the end the following new
subsection:
``(f) For the fiscal year starting October 1, 2010, only, the
amounts in this section shall be based solely on the costs of Medicare-
eligible benefits of beneficiaries and the costs for their eligible
dependents or survivors who are Medicare-eligible, and shall be
recalculated thereafter to reflect the cost of beneficiaries defined in
section 1111.''.
(6) in section 1116--
(A) in subsection (a)(1)(A), by striking ``for
Medicare-eligible beneficiaries'';
(B) in subsection (a)(2)(A), by striking ``for
Medicare-eligible beneficiaries''; and
(C) in subsection (c), by striking ``subsection (a)
shall be paid from funds available for the health care
programs'' and inserting ``subsection (a) and section
1111(c) shall be paid from funds available for the pay
of members of the participating uniformed services
under the jurisdiction of the respective administering
secretaries''.
SEC. 513. EFFECTIVE DATE.
Except as otherwise provided, this title shall take effect upon
enactment with respect to fiscal years beginning after 2014.
Subtitle C--Earmark Reform
SEC. 521. JOINT SELECT COMMITTEE ON EARMARK REFORM.
(a) Establishment and Composition.--There is hereby established a
Joint Select Committee on Earmark Reform (hereinafter referred to as
the ``joint select committee''). The joint select committee shall be
composed of 16 members as follows:
(1) Eight Members of the House of Representatives, 4 appointed from
the majority party by the Speaker of the House, and 4 from the minority
party by the Speaker upon the recommendation of the minority leader.
(2) Eight Members of the Senate, 4 appointed from the majority
party by the majority leader of the Senate, and 4 from the minority
party to be appointed by the minority leader.
A vacancy in the joint select committee shall not affect the power of
the remaining members to execute the functions of the joint select
committee, and shall be filled in the same manner as the original
selection.
(b) Study and Report.--
(1) Study.--The joint select committee shall make a full study of
the practices of the House, Senate, and Executive Branch regarding
earmarks in authorizing, appropriation, tax, and tariff measures. As
part of the study, the joint select committee shall consider the
efficacy of--
(A) the disclosure requirements of clause 9 of rule XXI and clause
17 of rule XXIII of the Rules of the House of Representatives and rule
XLIV of the Standing Rules of the Senate, and the definitions contained
therein;
(B) requiring full transparency in the process, with earmarks
listed in bills at the outset of the legislative process and continuing
throughout consideration;
(C) requiring that earmarks not be placed in any bill after initial
committee consideration;
(D) requiring that Members be permitted to offer amendments to
remove earmarks at subcommittee, full committee, floor consideration,
and during conference committee meetings;
(E) requiring that bill sponsors and majority and minority managers
certify the validity of earmarks contained in their bills;
(F) recommending changes to earmark requests made by the Executive
Branch through the annual budget submitted to Congress pursuant to
section 1105 of title 31, United States Code;
(G) requiring that House and Senate amendments meet earmark
disclosure requirements, including amendments adopted pursuant to a
special order of business;
(H) establishing new categories for earmarks, including--
(i) projects with National scope;
(ii) military projects; and
(iii) local or provincial projects, including the level of
matching funds required for such project.
(2) Report.--
(A) The joint select committee shall submit to the House and the
Senate a report of its findings and recommendations not later than 6
months after adoption of this joint resolution.
(B) No recommendation shall be made by the joint select committee
except upon the majority vote of the members from each House,
respectively.
(C) Notwithstanding any other provision of this resolution, any
recommendation with respect to the rules and procedures of one House
that only affects matters related solely to that House may only be made
and voted on by members of the joint select committee from that House
and, upon its adoption by a majority of such members, shall be
considered to have been adopted by the full committee as a
recommendation of the joint select committee.
In conducting the study under paragraph (1), the joint select committee
shall hold not fewer than 5 public hearings.
(c) Resources and Dissolution.--
(1) The joint select committee may utilize the resources of the
House and Senate.
(2) The joint select committee shall cease to exist 30 days after
the submission of the report described in subsection (a)(2).
(d) Definition.--For purposes of this section, the term ``earmark''
shall include congressional earmarks, congressionally directed spending
items, limited tax benefits, or limited tariff benefits as those terms
are used in clause 9 of rule XXI of the Rules of the House of
Representatives and rule XLIV of the Standing Rules of the Senate.
Nothing in this subsection shall confine the study of the joint select
committee or otherwise limit its recommendations.
SEC. 522. MORATORIUM ON CONSIDERATION OF EARMARKS.
(a) In the House.--It shall not be in order to consider a bill,
joint resolution, or conference report containing a congressional
earmark, limited tax benefit, or limited tariff benefit (as such terms
are used in clause 9 of rule XXI of the Rules of the House of
Representatives) or an earmark attributable to the President until the
filing of the report required under section 1.
(b) In the Senate.--[To be supplied.]
Subtitle D--Public Debt Limit
SEC. 531. LIMIT ON PUBLIC DEBT.
Upon the enactment of a joint resolution setting forth the debt
limit consistent with this section, section 3101 of title 31, United
States Code, is amended to read as follows, with the blank to be set at
the level provided for in such joint resolution:
``Sec. 3101. Public debt limit
``(a) In this section, the current redemption value of an
obligation issued on a discount basis and redeemable before maturity at
the option of its holder is deemed to be the face amount of the
obligation.
``(b) The face amount of obligations issued under this chapter and
the face amount of obligations whose principal and interest are
guaranteed by the United States Government (except guaranteed
obligations held by the Secretary of the Treasury and intragovernmental
holdings) may not be more than $________ outstanding at one time,
subject to changes periodically made in that amount as provided by law.
``(c) For purposes of this section, the face amount, for any month,
of any obligation issued on a discount basis that is not redeemable
before maturity at the option of the holder of the obligation is an
amount equal to the sum of--
``(1) the original issue price of the obligation, plus
``(2) the portion of the discount on the obligation
attributable to periods before the beginning of such month (as
determined under the principles of section 1272(a) of the
Internal Revenue Code of 1986 without regard to any exceptions
contained in paragraph (2) of such section).
``(d) For purposes of this section, the term `intragovernment
holding' is any obligation issued by the Secretary of the Treasury to
any Federal trust fund or Government account, whether in respect of
public money, money otherwise required to be deposited in the Treasury,
or amounts appropriated.''.
SEC. 532. REPEAL OF THE GEPHARDT RULE.
The Rules of the House of Representatives are amended by repealing
rule XXVIII (relating to the statutory limit on public debt).
Subtitle E--Risk-Assumed Budgeting
SEC. 541. MARKET ADJUSTED RATE FOR FEDERAL CREDIT REFORM ACT OF 1990.
Amend section 502(5)(E) of the Federal Credit Reform Act of 1990 to
read as follows:
``(E) In estimating net present values, the
discount rate shall be the average interest rate on
marketable Treasury securities of similar maturity to
the cash flows of the direct loan or loan guarantee for
which the estimate is being made, as adjusted for
market risks; and''.
SEC. 542. CBO AND GAO STUDY.
The Congressional Budget Office and the Government Accountability
Office shall prepare a study and make recomendations as to the
feasibility of applying accrual concepts to budgeting for the costs of
Federal insurance programs, adapting the budgetary principles now used
for Federal loan and loan guarantee programs to Federal insurance
programs.
TITLE VI--BUDGET ENFORCEMENT
SEC. 600. SHORT TITLE.
This title may be cited as the ``Budget Enforcement and
Congressional Control Act of 2009''.
Subtitle A--Enforcement Amendments
SEC. 601. POINTS OF ORDER IN THE HOUSE OF REPRESENTATIVES AND THE
SENATE.
Section 904 of the Congressional Budget Act of 1974 is amended as
follows:
(1) In subsection (c)(1), insert ``312(g), (h), (i), and
(j),'' before ``313,'', and insert ``316, 317, 322, 323,''
before ``904(C),'';
(2) In subsection (d)(2), insert ``312(g), (h), (i), and
(j),'' before ``313,'', and insert ``316, 317, 322, 323,''
before ``904(C),'';
(3) In subsections (C)(2) and (d)(3), strike ``311(a),'';
(4) ``In subsections (C)(1) and (d)(2) insert `311(a),'
after `310(d)(2),'.'';
(5) In subsections (C)(1), (C)(2), (d)(2), and (d)(3) by
inserting ``or the House of Representatives'' after ``Senate''
each place it appears, and
(6) Strike subsection (e).
SEC. 602. POINT OF ORDER WAIVER PROTECTION.
Rule XIII of the Rules of the House of Representatives (as amended
by section 313) is further amended by adding at the end the following
new clause:
``10. (a) It shall not be in order to consider a rule or order that
waives the provisions of any section of the Congressional Budget Act of
1974 referred to in section 904(C)(1) of such Act or of section 212 of
the Spending, Deficit, and Debt Control Act of 2009.
``(b) As disposition of a point of order under paragraph (a), the
Chair shall put the question of consideration with respect to the
proposition that is the subject of the point of order. A question of
consideration under this clause shall be debatable for 10 minutes by
the Member initiating the point of order and for 10 minutes by an
opponent of the point of order, but shall otherwise be decided without
intervening motion except one that the House of Representatives adjourn
or that the Committee of the Whole rise, as the case may be.
``(c) The disposition of the question of consideration under this
clause with respect to a bill or joint resolution shall be considered
also to determine the question of consideration under this clause with
respect to an amendment made in order as original text.''.
SEC. 603. APPLICATION OF THE LIMITATION ON RECONCILIATION LEGISLATION.
Section 310(g) of the Congressional Budget Act of 1974 is amended
by adding ``, but it shall be in order to consider any such bill,
resolution, amendment, or conference report if the report issued
pursuant to section 308(f)(1) indicates that the solvency referred to
in such paragraph has not been achieved'' before the period at the end.
SEC. 604. TWENTY-PERCENT LIMIT ON NEW DIRECT SPENDING IN RECONCILIATION
LEGISLATION.
At the end of section 313 of the Congressional Budget Act add the
following subsection:
``(f) Direct Spending Limitation.--
``(1) Point of order.--In the House of Representatives and
the Senate, it shall not be in order to consider any
reconciliation bill, joint resolution, motion, amendment, or
any conference report on, or an amendment between the House of
Representatives in relation to, a reconciliation bill pursuant
to section 310(a) or (h) of the Congressional Budget Act of
1974, that produces an increase in outlays, if--
``(A) the effect of all the provisions in the
jurisdiction of any committee is to create gross new
direct spending that exceeds 20 percent of the total
savings instruction to the committee; or
``(B) the effect of the adoption of an amendment
results in gross new direct spending that exceeds 20
percent of the total savings instruction to the
committee.
``(2) Application of section 313.--
``(A) A point of order under paragraph (1) may be
raised by a Senator as provided in section 313(e) of
the Congressional Budget Act of 1974.
``(B) Paragraph (1) may be waived or suspended only
by an affirmative vote of three-fifths of the Members,
duly chosen and sworn. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and
sworn, shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised under
paragraph (1).
``(C) If a point of order is sustained under
paragraph (1) against a conference report in the
Senate, the report shall be disposed of as provided in
section 313(d) of the Congressional Budget Act of
1974.''.
SEC. 605. TREATMENT OF EXTRANEOUS APPROPRIATIONS.
(a) In General.--Title III of the Congressional Budget Act of 1974
(as amended by section 305) is further amended by adding at the end the
following new section:
``treatment of extraneous appropriations in omnibus appropriation
measures
``Sec. 321. (a) Point of Order.--It shall not be in order in the
House of Representatives or the Senate to consider an omnibus
appropriation measure, or any amendment thereto or conference report
thereon, that appropriates funds for any program, project, or activity
that is not within the subject-matter jurisdiction of any subcommittee
of the Committee on Appropriations of the House of Representatives or
Senate, as applicable, with jurisdiction over any regular appropriation
bill contained in such measure.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 320 the
following new item:
``Sec. 321. Treatment of extraneous appropriations in omnibus
appropriation measures.''.
(c) Advance Appropriation Point of Order.--Section 312 of the
Congressional Budget Act of 1974 (as amended by section 601) is further
amended by adding at the end the following new subsection:
``(l) Advance Appropriation Point of Order.--It shall not be in
order in the House of Representatives or the Senate to consider any
appropriation bill or joint resolution, or amendment thereto or
conference report thereon, that provides advance discretionary new
budget authority that first becomes available for any fiscal year after
the budget year at an amount for any program, project, or activity
above the amount of appropriations for fiscal year 2007 for such
program, project, or activity.''.
SEC. 606. ESTABLISHMENT OF DISCRETIONARY DEFICIT REDUCTION ACCOUNT.
(a) Discretionary Deficit Reduction Account.--Title III of the
Congressional Budget Act of 1974 (as amended by section 605) is further
amended by adding at the end the following new section:
``discretionary deficit reduction account
``Sec. 322. (a) Establishment of Account.--The chairman of the
Committee on the Budget of the House of Representatives and of the
Senate shall each maintain an account to be known as the `deficit
reduction Discretionary Account'. The Account shall be divided into
entries corresponding to the subcommittees of the Committee on
Appropriations of that House and each entry shall consist of the
`deficit reduction Balance'.
``(b) Components.--Each entry shall consist only of amounts
credited to it under subsection (c). No entry of a negative amount
shall be made.
``(c) Crediting of Amounts to Account.--
``(1) Whenever a Member or Senator, as the case may be,
offers an amendment to an appropriation bill to reduce new
budget authority in any account, that Member or Senator may
state the portion of such reduction that shall be credited to--
``(A) the deficit reduction Balance;
``(B) used to offset an increase in new budget
authority in any other account; or
``(C) allowed to remain within the applicable
section 302(b) suballocation.
``(2) If no such statement is made, the amount of reduction
in new budget authority resulting from the amendment shall be
credited to the deficit reduction Balance, as applicable, if
the amendment is agreed to.
``(3) Except as provided by paragraph (4), the chairman of
the Committee on the Budget of the House of Representatives or
Senate, as applicable, shall, upon the engrossment of any
appropriation bill by the House of Representatives or Senate,
as applicable, credit to the applicable entry balances amounts
of new budget authority and outlays equal to the net amounts of
reductions in budget authority and in outlays resulting from
amendments agreed to by that House to that bill.
``(4) When computing the net amounts of reductions in new
budget authority and in outlays resulting from amendments
agreed to by the House of Representatives or Senate, as
applicable, to an appropriation bill, the chairman of the
Committee on the Budget of that House shall only count those
portions of such amendments agreed to that were so designated
by the Members offering such amendments as amounts to be
credited to the deficit reduction Balance, or that fall within
the last sentence of paragraph (1).
``(5) The chairman of the Committee on the Budget of the
House of Representatives and of the Senate shall each maintain
a running tally of the amendments adopted reflecting increases
and decreases of budget authority in the bill as reported to
its House. This tally shall be available to Members or Senators
during consideration of any bill by that House.
``(d) Calculation of Savings in Deficit Reduction Accounts in the
House of Representatives and Senate.--
``(1) For the purposes of enforcing section 302(a), upon the
engrossment of any appropriation bill by the House of Representatives
or Senate, as applicable, the amount of budget authority and outlays
calculated pursuant to subsection (c)(3) shall be counted against the
302(a) allocation provided to the Committee on Appropriations as if the
amount calculated pursuant to subsection (c)(3) was included in the
bill just engrossed.
``(2) For purposes of enforcing section 302(b), upon the
engrossment of any appropriation bill by the House of Representatives
or Senate, as applicable, the 302(b) allocation provided to the
subcommittee for the bill just engrossed shall be deemed to have been
reduced by the amount of budget authority and outlays calculated,
pursuant to subsection (c)(3).
``(e) Definition.--As used in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations through the end of fiscal year 2010 or any subsequent
fiscal year, as the case may be.''.
SEC. 607. ESTABLISHMENT OF MANDATORY DEFICIT REDUCTION ACCOUNT.
Title III of the Congressional Budget Act of 1974 (as amended by
section 606) is further amended by adding at the end the following new
section:
``mandatory deficit reduction account
``Sec. 323. (a) Establishment of Account.--The chairman of the
Committee on the Budget of the House of Representatives and of the
Senate shall each maintain an account to be known as the `deficit
reduction Mandatory Account'. The Account shall be divided into entries
corresponding to the House of Representatives or Senate committees, as
applicable, that received allocations under section 302(a) in the most
recently adopted joint resolution on the budget, except that it shall
not include the Committee on Appropriations of that House and each
entry shall consist of the `First Year deficit reduction Account' and
the `Five Year deficit reduction Account' or the period covered by the
resolution on the budget for that fiscal year, as applicable.
``(b) Components.--Each entry shall consist only of amounts
credited to it under subsection (c). No entry of a negative amount
shall be made.
``(c) Calculation of Account Savings in House and Senate.--For the
purposes of enforcing section 302(a), upon the engrossment of any bill,
other than an appropriation bill, by the House of Representatives or
Senate, as applicable, the amount of budget authority and outlays
calculated pursuant to subsection (c)(3) shall be counted against the
302(a) allocation provided to the applicable committee or committees of
that House which reported the bill as if the amount calculated pursuant
to subsection (c)(3) was included in the bill just engrossed.
``(d) Crediting of Amounts to Account.--
``(1) Whenever a Member or Senator, as the case may be,
offers an amendment to a bill that reduces the amount of
mandatory budget authority provided either under current law or
proposed to be provided by the bill under consideration, that
Member or Senator may state the portion of such reduction
achieved in the first year covered by the most recently adopted
joint resolution on the budget and in addition the portion of
such reduction achieved in the first five years covered by the
most recently adopted joint resolution on the budget that shall
be credited to the First Year deficit reduction Balance and the
Five Year deficit reduction Balance, as applicable, if the
amendment is agreed to.
``(2) Except as provided by paragraph (3), the chairman of
the Committee on the Budget of the House of Representatives or
Senate, as applicable, shall, upon the engrossment of any bill,
other than an appropriation bill, by the House of
Representatives or Senate, as applicable, credit to the
applicable entry balances amounts of new budget authority and
outlays equal to the net amounts of reductions in budget
authority and in outlays resulting from amendments agreed to by
that House to that bill.
``(3) When computing the net amounts of reductions in
budget authority and in outlays resulting from amendments
agreed to by the House of Representatives or Senate, as
applicable, to a bill, the chairman of the Committee on the
Budget of that House shall only count those portions of such
amendments agreed to that were so designated by the Members or
Senators offering such amendments as amounts to be credited to
the First Year deficit reduction Balance and the Five-Year
deficit reduction Balance, or that fall within the last
sentence of paragraph (1).
``(4) The chairman of the Committee on the Budget of the
House of Representatives and of the Senate shall each maintain
a running tally of the amendments adopted reflecting increases
and decreases of budget authority in the bill as reported to
its House. This tally shall be available to Members or Senators
during consideration of any bill by that House.
``(e) Definition.--As used in this section, the term `appropriation
bill' means any general or special appropriation bill, and any bill or
joint resolution making supplemental, deficiency, or continuing
appropriations through the end of fiscal year 2009 or any subsequent
fiscal year, as the case may be.''.
SEC. 608. CONFORMING AMENDMENT.
The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
inserting after the item relating to section 321 the following new
items:
``Sec. 322. Discretionary deficit reduction account.
``Sec. 323. Mandatory deficit reduction account.''.
Subtitle B--Committee Term Limits Study in the House of Representatives
SEC. 611. SUSPENSION OF CERTAIN REQUIREMENTS REGARDING THE HOUSE OF
REPRESENTATIVES COMMITTEE TERM LIMITS COMMITTEE.
Clause 5(a)(2)(B) of rule X of the Rules of the House of
Representatives is suspended.
SEC. 612. ESTABLISHMENT OF THE SELECT COMMITTEE ON REQUIREMENTS
REGARDING THE HOUSE OF REPRESENTATIVES BUDGET COMMITTEE.
There is established a select committee to review the rules
regarding the membership on the Committee on the Budget of the House of
Representatives.
SEC. 613. PROCEDURE.
(a) Legislative Jurisdiction.--The select committee shall not have
legislative jurisdiction and shall have no authority to take
legislative action on any bill or resolution.
(b) Study.--The select committee shall study and make
recommendations about the effectiveness of limiting the membership on
the House of Representatives Budget Committee to four Congresses within
a period of six successive Congresses.
SEC. 614. COMPOSITION.
The select committee shall be composed of 8 members appointed by
the Speaker, of whom 4 shall be appointed upon the recommendation of
the minority leader. The Speaker shall designate one member of the
select committee as chairman.
SEC. 615. REPORTING.
The select committee shall issue at least one public report to be
filed with the House of Representatives not later than December 31,
2010, and shall include recommendations based on its findings.
SEC. 616. ADMINISTRATIVE PROVISIONS.
There shall be paid out of the applicable accounts of the House of
Representatives such sums as may be necessary for the expenses of the
select committee. Such payments shall be made on vouchers signed by the
chairman of the select committee and approved in the manner directed by
the Committee on House Administration.
SEC. 617. DISSOLUTION.
The select committee shall cease to exist on December 31, 2010.
Subtitle C--Judicial Consideration
SEC. 621. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) any Member of Congress or any individual adversely
affected by this Act may bring an action, in the United States
District Court for the District of Columbia, for declaratory
judgment and injunctive relief on the ground that any provision
of this part violates the Constitution.
(2) a copy of any complaint in an action brought under
paragraph (1) shall be promptly delivered to the Secretary of
the Senate and the Clerk of the House of Representatives, and
each House of Congress shall have the right to intervene in
such action.
(3) nothing in this section or in any other law shall
infringe upon the right of the House of Representatives to
intervene in an action brought under paragraph (1) without the
necessity of adopting a resolution to authorize such
intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other provision
of law, any order of the United States District Court for the District
of Columbia which is issued pursuant to an action brought under
paragraph (1) of subsection (a) shall be reviewable by appeal directly
to the Supreme Court of the United States. Any such appeal shall be
taken by a notice of appeal filed within 10 calendar days after such
order is entered; and the jurisdictional statement shall be filed
within 30 calendar days after such order is entered. No stay of an
order issued pursuant to an action brought under paragraph (1) of
subsection (a) shall be issued by a single Justice of the Supreme
Court.
(c) Expedited Consideration.--It shall be the duty of the District
Court for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter brought under subsection
(a).
SEC. 622. SEVERABILITY.
If any provision of this subtitle, or the application of any
provision of this subtitle to any person or circumstance is held
invalid, the application of such provision or circumstance and the
remainder of this subtitle shall not be affected thereby.
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