[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3714 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3714

         To alleviate the fiscal cliff, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 30, 2012

  Mr. Manchin introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
         To alleviate the fiscal cliff, 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.

    This Act may be cited as the ``Cliff Alleviation at Last Minute 
Act'' or the ``CALM Act''.

                             TITLE I--TAXES

SEC. 101. PERMANENT EXTENSION AND GRADUAL INCREASE IN CERTAIN TAX RATES 
              ON INCOME, CAPITAL GAINS, AND DIVIDENDS.

    (a) In General.--Notwithstanding section 901(a)(1) the Economic 
Growth and Tax Relief Reconciliation Act of 2001 and section 303 of the 
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation 
Act of 2010, section 901 of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 shall not apply to--
            (1) the provisions of, and amendments made by, such Act, or
            (2) the amendments made by title III of the Tax Relief, 
        Unemployment Insurance Reauthorization, and Job Creation Act of 
        2010.
    (b) Income Tax Rates.--Subsection (i) of section 1 of the Internal 
Revenue Code of 1986 is amended--
            (1) by inserting ``, and before January 1, 2015'' after 
        ``December 31, 2000'' in subparagraph (A),
            (2) by inserting ``(11.6 percent for taxable years 
        beginning in 2013 and 13.3 percent for taxable years beginning 
        in 2014)'' after ``10 percent'' in subparagraph (A)(i), and
            (3) by striking the last row in the table contained in 
        paragraph (2) and inserting the following:


 
 
------------------------------------------------------------------------
``2003 through 2012.........      25.0%      28.0%      33.0%      35.0%
2013........................      26.0%      29.0%      34.0%      36.5%
2014........................      27.0%      30.0%      35.0%      38.0%
2015 and thereafter.........      28.0%      31.0%      36.0%   39.6%''.
------------------------------------------------------------------------

    (c) Capital Gains and Dividends.--Subparagraph (C) of section 
1(h)(1) of the Internal Revenue Code of 1986 is amended by inserting 
``(16.6 percent for taxable years beginning in 2013, 18.2 percent for 
taxable years beginning in 2014, and 20 percent for taxable years 
beginning after 2014)'' after ``15 percent''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2012.

SEC. 102. PERMANENT EXTENSION OF ESTATE TAX LAW.

    (a) In General.--Notwithstanding section 901(a)(2) the Economic 
Growth and Tax Relief Reconciliation Act of 2001 and section 303 of the 
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation 
Act of 2010, section 901 of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 shall not apply to--
            (1) the provisions of, and amendments made by, title V of 
        such Act, or
            (2) the amendments made by title III of the Tax Relief, 
        Unemployment Insurance Reauthorization, and Job Creation Act of 
        2010.
    (b) Exclusion Equivalent of Unified Credit Equal to $3,500,000.--
            Subsection (c) of section 2010 of the Internal Revenue Code 
        of 1986, as amended by sections 302(a)(1) and 303(a) of the Tax 
        Relief, Unemployment Insurance Reauthorization, and Job 
        Creation Act of 2010, is amended--
            (1) by striking ``$5,000,000'' in paragraph (3)(A) and 
        inserting ``$3,500,000'',
            (2) by striking ``2011'' in paragraph (3)(B) and inserting 
        ``2013'', and
            (3) by striking ``2010'' in paragraph (3)(B)(ii) and 
        inserting ``2012''.
    (c) Maximum Estate Tax Rate Equal to 45 Percent.--The table 
contained in subsection (c) of section 2001 of the Internal Revenue 
Code of 1986, as amended by section 302(a)(2) of the Tax Relief, 
Unemployment Insurance Reauthorization, and Job Creation Act of 2010, 
is amended by striking ``Over $500,000'' and all that follows and 
inserting the following:


``Over $500,000 but not over $750,000........  $155,800, plus 37 percent of the excess of such amount over
                                                $500,000.
Over $750,000 but not over $1,000,000........  $248,300, plus 39 percent of the excess of such amount over
                                                $750,000.
Over $1,000,000 but not over $1,250,000......  $345,800, plus 41 percent of the excess of such amount over
                                                $1,000,000.
Over $1,250,000 but not over $1,500,000......  $448,300, plus 43 percent of the excess of such amount over
                                                $1,250,000.
Over $1,500,000..............................  $555,800, plus 45 percent of the excess of such amount over
                                                $1,500,000.''.
 

    (d) Coordination With Gift Tax To Reflect Decrease in Applicable 
Credit Amount.--Section 2001 of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new subsection:
    ``(h) Modification to Gift Tax To Reflect Reduced Applicable Credit 
Amount.--The amount determined under section 2505(a)(1) for each 
calendar year shall not exceed the estate's applicable credit amount 
under section 2010(c).''.
    (e) Repeal of Deadwood.--
            (1) Sections 2011, 2057, and 2604 are hereby repealed.
            (2) The table of sections for part II of subchapter A of 
        chapter 11 is amended by striking the item relating to section 
        2011.
            (3) The table of sections for part IV of subchapter A of 
        chapter 11 is amended by striking the item relating to section 
        2057.
            (4) The table of sections for subchapter A of chapter 13 is 
        amended by striking the item relating to section 2604.
    (f) Effective Date.--The amendments made by this section shall 
apply to estates of decedents dying, generation-skipping transfers, and 
gifts made, after December 31, 2012.

                 TITLE II--DISCRETIONARY SPENDING CUTS

SEC. 201. DISCRETIONARY SPENDING CUTS.

    (a) In General.--Section 251A of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901a) is amended--
            (1) in paragraph (3), by adding at the end the following:
        ``In calculating the amount of the deficit reduction required 
        for a fiscal year under this paragraph, OMB shall take into 
        account any reduction in expenditures achieved for that fiscal 
        year under the authority under section 1899B of the Social 
        Security Act.'';
            (2) by striking paragraphs (5) through (10) and inserting 
        the following:
            ``(5) Implementing reductions.--
                    ``(A) In general.--Subject to section 255, for each 
                of fiscal years 2013 through 2021, OMB may determine 
                from which accounts and in what amounts funds shall be 
                reduced in order to achieve the reduction calculated 
                pursuant to paragraph (3) and allocated pursuant to 
                paragraph (4) for that year--
                            ``(i) to discretionary appropriations and 
                        direct spending accounts within function 050 
                        (defense function); and
                            ``(ii) to discretionary appropriations and 
                        direct spending accounts in all other functions 
                        (nondefense functions).
                    ``(B) Report.--For each of fiscal years 2013 
                through 2021, OMB shall submit to Congress a report 
                detailing from which accounts and in what amounts OMB 
                has determined funds shall be reduced for the fiscal 
                year under subparagraph (A).
                    ``(C) Order.--For each of fiscal years 2013 through 
                2021, the President shall order a sequestration, 
                effective upon issuance, to reduce accounts as 
                determined under subparagraph (A).''; and
            (3) by redesignating paragraph (11) as paragraph (6).
    (b) Congressional Disapproval Procedures.--
            (1) Definition.--In this subsection, the term ``joint 
        resolution'' means only a joint resolution introduced after the 
        date on which the report of the Office of Management and Budget 
        under section 251A(5)(B) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 relating to a fiscal year is 
        received by Congress, the matter after the resolving clause of 
        which is as follows: ``That Congress disapproves the reductions 
        determined by the Office of Management and Budget for fiscal 
        year ______ as detailed in the report submitted by the Office 
        of Management and Budget on ______.'' (the blank spaces being 
        appropriately filled in).
            (2) Effect of disapproval.--For each of fiscal years 2013 
        through 2021, and notwithstanding section 251A of the Balanced 
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
        901a) (as amended by subsection (a)), if, within 60 days after 
        the date on which Congress receives a report under section 
        251A(5)(B) of the Balanced Budget and Emergency Deficit Control 
        Act of 1985, Congress enacts a joint resolution disapproving 
        the reductions determined by the Office of Management and 
        Budget relating to that fiscal year--
                    (A) the President may not order a sequestration for 
                that fiscal year under section 251A of the Balanced 
                Budget and Emergency Deficit Control Act of 1985, as in 
                effect on the date of enactment of the joint 
                resolution; and
                    (B) the President shall order a sequestration for 
                that fiscal year under section 251A of the Balanced 
                Budget and Emergency Deficit Control Act of 1985, as in 
                effect on the day before the date of enactment of this 
                Act.
            (3) Referral to committee.--A joint resolution introduced 
        in the House of Representatives shall be referred to the 
        Committee on the Budget of the House of Representatives. A 
        joint resolution introduced in the Senate shall be referred to 
        the Committee on the Budget of the Senate. Such a joint 
        resolution may not be reported before the 8th day after its 
        introduction.
            (4) Discharge of committee.--If the committee to which a 
        joint resolution is referred has not reported such joint 
        resolution at the end of 15 calendar days after its 
        introduction, such committee shall be deemed to be discharged 
        from further consideration of such joint resolution and such 
        joint resolution shall be placed on the appropriate calendar of 
        the House involved.
            (5) Floor consideration.--
                    (A) In general.--When the committee to which a 
                joint resolution is referred has reported, or has been 
                deemed to be discharged (under paragraph (4)) from 
                further consideration of, a joint resolution, 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 joint resolution, and all 
                points of order against the joint resolution (and 
                against consideration of the joint resolution) are 
                waived. The motion is highly privileged in the House of 
                Representatives and is privileged in the Senate and is 
                not debatable. The motion is not subject to amendment, 
                or to a motion to postpone, or to a motion to proceed 
                to the consideration of other business. A motion to 
                reconsider the vote by which the motion is agreed to or 
                disagreed to shall not be in order. If a motion to 
                proceed to the consideration of the joint resolution is 
                agreed to, the resolution shall remain the unfinished 
                business of the respective House until disposed of.
                    (B) Debate.--Debate on the joint resolution, 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 joint 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 joint resolution is not in 
                order. A motion to reconsider the vote by which the 
                joint resolution is agreed to or disagreed to is not in 
                order.
                    (C) Vote on final passage.--Immediately following 
                the conclusion of the debate on a joint resolution, 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 
                joint resolution shall occur.
                    (D) 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 a joint resolution shall be decided without 
                debate.
            (6) Coordination with action by other house.--If, before 
        the passage by one House of a joint resolution of that House, 
        that House receives from the other House a joint resolution, 
        then the following procedures shall apply:
                    (A) The joint resolution of the other House shall 
                not be referred to a committee.
                    (B) With respect to a joint resolution of the House 
                receiving the resolution--
                            (i) the procedure in that House shall be 
                        the same as if no joint resolution had been 
                        received from the other House; but
                            (ii) the vote on final passage shall be on 
                        the joint resolution of the other House.
            (7) Rules of house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) 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 a 
                joint resolution, and it supersedes other rules only to 
                the extent that it is inconsistent with such rules; and
                    (B) 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.

                     TITLE III--ENTITLEMENT REFORM

SEC. 301. ENTITLEMENT REFORM.

    Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is 
amended by adding at the end the following new section:

                               ``reforms

    ``Sec. 1899B.  (a) In General.--Notwithstanding any provision of 
this title or any other provision of law, subject to subsection (b), 
for each of fiscal years 2014 through 2023, the Secretary shall 
implement reforms under this title that result in reduced expenditures 
under this title equal to $40,000,000,000 in the fiscal year.
    ``(b) Beneficiary Protections.--The provisions of section 
1899A(c)(2)(A)(ii) shall apply to the reforms under subsection (a) in 
the same manner as such provisions apply to a proposal under section 
1899A.''.

                   TITLE IV--COMPREHENSIVE TAX REFORM

SEC. 401. SENSE OF SENATE.

    It is the sense of the Senate that Congress should address 
comprehensive tax reform in the 113th Congress.
                                 <all>