[Congressional Record Volume 161, Number 159 (Wednesday, October 28, 2015)]
[House]
[Pages H7273-H7312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ENSURING TAX EXEMPT ORGANIZATIONS THE RIGHT TO APPEAL ACT
Mr. ROGERS of Kentucky. Madam Speaker, pursuant to House Resolution
495 and as the designee of the majority leader, I call up the bill
(H.R. 1314) to amend the Internal Revenue Code of 1986 to provide for a
right to an administrative appeal relating to adverse determinations of
tax-exempt status of certain organizations, with the Senate amendment
thereto, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Ms. Ros-Lehtinen). The Clerk will designate
the Senate amendment.
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Act
of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--TRADE PROMOTION AUTHORITY
Sec. 101. Short title.
Sec. 102. Trade negotiating objectives.
Sec. 103. Trade agreements authority.
Sec. 104. Congressional oversight, consultations, and access to
information.
Sec. 105. Notice, consultations, and reports.
Sec. 106. Implementation of trade agreements.
Sec. 107. Treatment of certain trade agreements for which negotiations
have already begun.
Sec. 108. Sovereignty.
Sec. 109. Interests of small businesses.
Sec. 110. Conforming amendments; application of certain provisions.
Sec. 111. Definitions.
TITLE II--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE
Sec. 201. Short title.
Sec. 202. Application of provisions relating to trade adjustment
assistance.
Sec. 203. Extension of trade adjustment assistance program.
Sec. 204. Performance measurement and reporting.
Sec. 205. Applicability of trade adjustment assistance provisions.
Sec. 206. Sunset provisions.
Sec. 207. Extension and modification of Health Coverage Tax Credit.
Sec. 208. Customs user fees.
Sec. 209. Child tax credit not refundable for taxpayers electing to
exclude foreign earned income from tax.
Sec. 210. Time for payment of corporate estimated taxes.
Sec. 211. Coverage and payment for renal dialysis services for
individuals with acute kidney injury.
Sec. 212. Modification of the Medicare sequester for fiscal year 2024.
TITLE I--TRADE PROMOTION AUTHORITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
SEC. 102. TRADE NEGOTIATING OBJECTIVES.
(a) Overall Trade Negotiating Objectives.--The overall
trade negotiating objectives of the United States for
agreements subject to the provisions of section 103 are--
(1) to obtain more open, equitable, and reciprocal market
access;
(2) to obtain the reduction or elimination of barriers and
distortions that are directly related to trade and investment
and that decrease market opportunities for United States
exports or otherwise distort United States trade;
(3) to further strengthen the system of international trade
and investment disciplines and procedures, including dispute
settlement;
(4) to foster economic growth, raise living standards,
enhance the competitiveness of the United States, promote
full employment in the United States, and enhance the global
economy;
(5) to ensure that trade and environmental policies are
mutually supportive and to seek to protect and preserve the
environment and enhance the international means of doing so,
while optimizing the use of the world's resources;
(6) to promote respect for worker rights and the rights of
children consistent with core labor standards of the ILO (as
set out in section 111(7)) and an understanding of the
relationship between trade and worker rights;
(7) to seek provisions in trade agreements under which
parties to those agreements ensure that they do not weaken or
reduce the protections afforded in domestic environmental and
labor laws as an encouragement for trade;
(8) to ensure that trade agreements afford small businesses
equal access to international markets, equitable trade
benefits, and expanded export market opportunities, and
provide for the reduction or elimination of trade and
investment barriers that disproportionately impact small
businesses;
(9) to promote universal ratification and full compliance
with ILO Convention No. 182 Concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of
Child Labor;
(10) to ensure that trade agreements reflect and facilitate
the increasingly interrelated, multi-sectoral nature of trade
and investment activity;
(11) to recognize the growing significance of the Internet
as a trading platform in international commerce;
(12) to take into account other legitimate United States
domestic objectives, including, but not limited to, the
protection of legitimate health or safety, essential
security, and consumer interests and the law and regulations
related thereto; and
(13) to take into account conditions relating to religious
freedom of any party to negotiations for a trade agreement
with the United States.
(b) Principal Trade Negotiating Objectives.--
(1) Trade in goods.--The principal negotiating objectives
of the United States regarding trade in goods are--
(A) to expand competitive market opportunities for exports
of goods from the United States and to obtain fairer and more
open conditions of trade, including through the utilization
of global value chains, by reducing or eliminating tariff and
nontariff barriers and policies and practices of foreign
governments directly related to trade that decrease market
opportunities for United States exports or otherwise distort
United States trade; and
(B) to obtain reciprocal tariff and nontariff barrier
elimination agreements, including with respect to those
tariff categories covered in section 111(b) of the Uruguay
Round Agreements Act (19 U.S.C. 3521(b)).
(2) Trade in services.--(A) The principal negotiating
objective of the United States regarding trade in services is
to expand competitive market opportunities for United States
services and to obtain fairer and more open conditions of
trade, including through utilization of global value chains,
by reducing or eliminating barriers to international trade in
services, such as regulatory and other barriers that deny
national treatment and market access or unreasonably restrict
the establishment or operations of service suppliers.
(B) Recognizing that expansion of trade in services
generates benefits for all sectors of the economy and
facilitates trade, the objective described in subparagraph
(A) should be pursued through all means, including through a
plurilateral agreement with those countries willing and able
to undertake high standard services commitments for both
existing and new services.
(3) Trade in agriculture.--The principal negotiating
objective of the United States with respect to agriculture is
to obtain competitive opportunities for United States exports
of agricultural commodities in foreign markets substantially
equivalent to the competitive opportunities afforded foreign
exports in United States markets and to achieve fairer and
more open conditions of trade in bulk, specialty crop, and
value added commodities by--
(A) securing more open and equitable market access through
robust rules on sanitary and phytosanitary measures that--
(i) encourage the adoption of international standards and
require a science-based justification be provided for a
sanitary or phytosanitary measure if the measure is more
restrictive than the applicable international standard;
(ii) improve regulatory coherence, promote the use of
systems-based approaches, and appropriately recognize the
equivalence of health and safety protection systems of
exporting countries;
(iii) require that measures are transparently developed and
implemented, are based on risk assessments that take into
account relevant international guidelines and scientific
data, and are not more restrictive on trade than necessary to
meet the intended purpose; and
(iv) improve import check processes, including testing
methodologies and procedures, and certification requirements,
while recognizing that countries may put in place measures to
protect human, animal, or plant life or health in a manner
consistent with their international obligations, including
the WTO Agreement on the Application of Sanitary and
Phytosanitary Measures (referred to in section 101(d)(3) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(3)));
(B) reducing or eliminating, by a date certain, tariffs or
other charges that decrease market opportunities for United
States exports--
(i) giving priority to those products that are subject to
significantly higher tariffs or subsidy regimes of major
producing countries; and
(ii) providing reasonable adjustment periods for United
States import sensitive products, in close consultation with
Congress on such products before initiating tariff reduction
negotiations;
[[Page H7274]]
(C) reducing tariffs to levels that are the same as or
lower than those in the United States;
(D) reducing or eliminating subsidies that decrease market
opportunities for United States exports or unfairly distort
agriculture markets to the detriment of the United States;
(E) allowing the preservation of programs that support
family farms and rural communities but do not distort trade;
(F) developing disciplines for domestic support programs,
so that production that is in excess of domestic food
security needs is sold at world prices;
(G) eliminating government policies that create price
depressing surpluses;
(H) eliminating state trading enterprises whenever
possible;
(I) developing, strengthening, and clarifying rules to
eliminate practices that unfairly decrease United States
market access opportunities or distort agricultural markets
to the detriment of the United States, and ensuring that such
rules are subject to efficient, timely, and effective dispute
settlement, including--
(i) unfair or trade distorting activities of state trading
enterprises and other administrative mechanisms, with
emphasis on requiring price transparency in the operation of
state trading enterprises and such other mechanisms in order
to end cross subsidization, price discrimination, and price
undercutting;
(ii) unjustified trade restrictions or commercial
requirements, such as labeling, that affect new technologies,
including biotechnology;
(iii) unjustified sanitary or phytosanitary restrictions,
including restrictions not based on scientific principles in
contravention of obligations in the Uruguay Round Agreements
or bilateral or regional trade agreements;
(iv) other unjustified technical barriers to trade; and
(v) restrictive rules in the administration of tariff rate
quotas;
(J) eliminating practices that adversely affect trade in
perishable or cyclical products, while improving import
relief mechanisms to recognize the unique characteristics of
perishable and cyclical agriculture;
(K) ensuring that import relief mechanisms for perishable
and cyclical agriculture are as accessible and timely to
growers in the United States as those mechanisms that are
used by other countries;
(L) taking into account whether a party to the negotiations
has failed to adhere to the provisions of already existing
trade agreements with the United States or has circumvented
obligations under those agreements;
(M) taking into account whether a product is subject to
market distortions by reason of a failure of a major
producing country to adhere to the provisions of already
existing trade agreements with the United States or by the
circumvention by that country of its obligations under those
agreements;
(N) otherwise ensuring that countries that accede to the
World Trade Organization have made meaningful market
liberalization commitments in agriculture;
(O) taking into account the impact that agreements covering
agriculture to which the United States is a party have on the
United States agricultural industry;
(P) maintaining bona fide food assistance programs, market
development programs, and export credit programs;
(Q) seeking to secure the broadest market access possible
in multilateral, regional, and bilateral negotiations,
recognizing the effect that simultaneous sets of negotiations
may have on United States import sensitive commodities
(including those subject to tariff rate quotas);
(R) seeking to develop an international consensus on the
treatment of seasonal or perishable agricultural products in
investigations relating to dumping and safeguards and in any
other relevant area;
(S) seeking to establish the common base year for
calculating the Aggregated Measurement of Support (as defined
in the Agreement on Agriculture) as the end of each country's
Uruguay Round implementation period, as reported in each
country's Uruguay Round market access schedule;
(T) ensuring transparency in the administration of tariff
rate quotas through multilateral, plurilateral, and bilateral
negotiations; and
(U) eliminating and preventing the undermining of market
access for United States products through improper use of a
country's system for protecting or recognizing geographical
indications, including failing to ensure transparency and
procedural fairness and protecting generic terms.
(4) Foreign investment.--Recognizing that United States law
on the whole provides a high level of protection for
investment, consistent with or greater than the level
required by international law, the principal negotiating
objectives of the United States regarding foreign investment
are to reduce or eliminate artificial or trade distorting
barriers to foreign investment, while ensuring that foreign
investors in the United States are not accorded greater
substantive rights with respect to investment protections
than United States investors in the United States, and to
secure for investors important rights comparable to those
that would be available under United States legal principles
and practice, by--
(A) reducing or eliminating exceptions to the principle of
national treatment;
(B) freeing the transfer of funds relating to investments;
(C) reducing or eliminating performance requirements,
forced technology transfers, and other unreasonable barriers
to the establishment and operation of investments;
(D) seeking to establish standards for expropriation and
compensation for expropriation, consistent with United States
legal principles and practice;
(E) seeking to establish standards for fair and equitable
treatment, consistent with United States legal principles and
practice, including the principle of due process;
(F) providing meaningful procedures for resolving
investment disputes;
(G) seeking to improve mechanisms used to resolve disputes
between an investor and a government through--
(i) mechanisms to eliminate frivolous claims and to deter
the filing of frivolous claims;
(ii) procedures to ensure the efficient selection of
arbitrators and the expeditious disposition of claims;
(iii) procedures to enhance opportunities for public input
into the formulation of government positions; and
(iv) providing for an appellate body or similar mechanism
to provide coherence to the interpretations of investment
provisions in trade agreements; and
(H) ensuring the fullest measure of transparency in the
dispute settlement mechanism, to the extent consistent with
the need to protect information that is classified or
business confidential, by--
(i) ensuring that all requests for dispute settlement are
promptly made public;
(ii) ensuring that--
(I) all proceedings, submissions, findings, and decisions
are promptly made public; and
(II) all hearings are open to the public; and
(iii) establishing a mechanism for acceptance of amicus
curiae submissions from businesses, unions, and
nongovernmental organizations.
(5) Intellectual property.--The principal negotiating
objectives of the United States regarding trade-related
intellectual property are--
(A) to further promote adequate and effective protection of
intellectual property rights, including through--
(i)(I) ensuring accelerated and full implementation of the
Agreement on Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(15)), particularly with
respect to meeting enforcement obligations under that
agreement; and
(II) ensuring that the provisions of any trade agreement
governing intellectual property rights that is entered into
by the United States reflect a standard of protection similar
to that found in United States law;
(ii) providing strong protection for new and emerging
technologies and new methods of transmitting and distributing
products embodying intellectual property, including in a
manner that facilitates legitimate digital trade;
(iii) preventing or eliminating discrimination with respect
to matters affecting the availability, acquisition, scope,
maintenance, use, and enforcement of intellectual property
rights;
(iv) ensuring that standards of protection and enforcement
keep pace with technological developments, and in particular
ensuring that rightholders have the legal and technological
means to control the use of their works through the Internet
and other global communication media, and to prevent the
unauthorized use of their works;
(v) providing strong enforcement of intellectual property
rights, including through accessible, expeditious, and
effective civil, administrative, and criminal enforcement
mechanisms; and
(vi) preventing or eliminating government involvement in
the violation of intellectual property rights, including
cyber theft and piracy;
(B) to secure fair, equitable, and nondiscriminatory market
access opportunities for United States persons that rely upon
intellectual property protection; and
(C) to respect the Declaration on the TRIPS Agreement and
Public Health, adopted by the World Trade Organization at the
Fourth Ministerial Conference at Doha, Qatar on November 14,
2001, and to ensure that trade agreements foster innovation
and promote access to medicines.
(6) Digital trade in goods and services and cross-border
data flows.--The principal negotiating objectives of the
United States with respect to digital trade in goods and
services, as well as cross-border data flows, are--
(A) to ensure that current obligations, rules, disciplines,
and commitments under the World Trade Organization and
bilateral and regional trade agreements apply to digital
trade in goods and services and to cross-border data flows;
(B) to ensure that--
(i) electronically delivered goods and services receive no
less favorable treatment under trade rules and commitments
than like products delivered in physical form; and
(ii) the classification of such goods and services ensures
the most liberal trade treatment possible, fully encompassing
both existing and new trade;
(C) to ensure that governments refrain from implementing
trade-related measures that impede digital trade in goods and
services, restrict cross-border data flows, or require local
storage or processing of data;
(D) with respect to subparagraphs (A) through (C), where
legitimate policy objectives require domestic regulations
that affect digital trade in goods and services or cross-
border data flows, to obtain commitments that any such
regulations are the least restrictive on trade,
nondiscriminatory, and transparent, and promote an open
market environment; and
(E) to extend the moratorium of the World Trade
Organization on duties on electronic transmissions.
(7) Regulatory practices.--The principal negotiating
objectives of the United States regarding the use of
government regulation or other practices to reduce market
access for United States goods, services, and investments
are--
(A) to achieve increased transparency and opportunity for
the participation of affected parties in the development of
regulations;
[[Page H7275]]
(B) to require that proposed regulations be based on sound
science, cost benefit analysis, risk assessment, or other
objective evidence;
(C) to establish consultative mechanisms and seek other
commitments, as appropriate, to improve regulatory practices
and promote increased regulatory coherence, including
through--
(i) transparency in developing guidelines, rules,
regulations, and laws for government procurement and other
regulatory regimes;
(ii) the elimination of redundancies in testing and
certification;
(iii) early consultations on significant regulations;
(iv) the use of impact assessments;
(v) the periodic review of existing regulatory measures;
and
(vi) the application of good regulatory practices;
(D) to seek greater openness, transparency, and convergence
of standards development processes, and enhance cooperation
on standards issues globally;
(E) to promote regulatory compatibility through
harmonization, equivalence, or mutual recognition of
different regulations and standards and to encourage the use
of international and interoperable standards, as appropriate;
(F) to achieve the elimination of government measures such
as price controls and reference pricing which deny full
market access for United States products;
(G) to ensure that government regulatory reimbursement
regimes are transparent, provide procedural fairness, are
nondiscriminatory, and provide full market access for United
States products; and
(H) to ensure that foreign governments--
(i) demonstrate that the collection of undisclosed
proprietary information is limited to that necessary to
satisfy a legitimate and justifiable regulatory interest; and
(ii) protect such information against disclosure, except in
exceptional circumstances to protect the public, or where
such information is effectively protected against unfair
competition.
(8) State-owned and state-controlled enterprises.--The
principal negotiating objective of the United States
regarding competition by state-owned and state-controlled
enterprises is to seek commitments that--
(A) eliminate or prevent trade distortions and unfair
competition favoring state-owned and state-controlled
enterprises to the extent of their engagement in commercial
activity, and
(B) ensure that such engagement is based solely on
commercial considerations,
in particular through disciplines that eliminate or prevent
discrimination and market-distorting subsidies and that
promote transparency.
(9) Localization barriers to trade.--The principal
negotiating objective of the United States with respect to
localization barriers is to eliminate and prevent measures
that require United States producers and service providers to
locate facilities, intellectual property, or other assets in
a country as a market access or investment condition,
including indigenous innovation measures.
(10) Labor and the environment.--The principal negotiating
objectives of the United States with respect to labor and the
environment are--
(A) to ensure that a party to a trade agreement with the
United States--
(i) adopts and maintains measures implementing
internationally recognized core labor standards (as defined
in section 111(17)) and its obligations under common
multilateral environmental agreements (as defined in section
111(6)),
(ii) does not waive or otherwise derogate from, or offer to
waive or otherwise derogate from--
(I) its statutes or regulations implementing
internationally recognized core labor standards (as defined
in section 111(17)), in a manner affecting trade or
investment between the United States and that party, where
the waiver or derogation would be inconsistent with one or
more such standards, or
(II) its environmental laws in a manner that weakens or
reduces the protections afforded in those laws and in a
manner affecting trade or investment between the United
States and that party, except as provided in its law and
provided not inconsistent with its obligations under common
multilateral environmental agreements (as defined in section
111(6)) or other provisions of the trade agreement
specifically agreed upon, and
(iii) does not fail to effectively enforce its
environmental or labor laws, through a sustained or recurring
course of action or inaction,
in a manner affecting trade or investment between the United
States and that party after entry into force of a trade
agreement between those countries;
(B) to recognize that--
(i) with respect to environment, parties to a trade
agreement retain the right to exercise prosecutorial
discretion and to make decisions regarding the allocation of
enforcement resources with respect to other environmental
laws determined to have higher priorities, and a party is
effectively enforcing its laws if a course of action or
inaction reflects a reasonable, bona fide exercise of such
discretion, or results from a reasonable, bona fide decision
regarding the allocation of resources; and
(ii) with respect to labor, decisions regarding the
distribution of enforcement resources are not a reason for
not complying with a party's labor obligations; a party to a
trade agreement retains the right to reasonable exercise of
discretion and to make bona fide decisions regarding the
allocation of resources between labor enforcement activities
among core labor standards, provided the exercise of such
discretion and such decisions are not inconsistent with its
obligations;
(C) to strengthen the capacity of United States trading
partners to promote respect for core labor standards (as
defined in section 111(7));
(D) to strengthen the capacity of United States trading
partners to protect the environment through the promotion of
sustainable development;
(E) to reduce or eliminate government practices or policies
that unduly threaten sustainable development;
(F) to seek market access, through the elimination of
tariffs and nontariff barriers, for United States
environmental technologies, goods, and services;
(G) to ensure that labor, environmental, health, or safety
policies and practices of the parties to trade agreements
with the United States do not arbitrarily or unjustifiably
discriminate against United States exports or serve as
disguised barriers to trade;
(H) to ensure that enforceable labor and environment
obligations are subject to the same dispute settlement and
remedies as other enforceable obligations under the
agreement; and
(I) to ensure that a trade agreement is not construed to
empower a party's authorities to undertake labor or
environmental law enforcement activities in the territory of
the United States.
(11) Currency.--The principal negotiating objective of the
United States with respect to currency practices is that
parties to a trade agreement with the United States avoid
manipulating exchange rates in order to prevent effective
balance of payments adjustment or to gain an unfair
competitive advantage over other parties to the agreement,
such as through cooperative mechanisms, enforceable rules,
reporting, monitoring, transparency, or other means, as
appropriate.
(12) Foreign currency manipulation.--The principal
negotiating objective of the United States with respect to
unfair currency practices is to seek to establish
accountability through enforceable rules, transparency,
reporting, monitoring, cooperative mechanisms, or other means
to address exchange rate manipulation involving protracted
large scale intervention in one direction in the exchange
markets and a persistently undervalued foreign exchange rate
to gain an unfair competitive advantage in trade over other
parties to a trade agreement, consistent with existing
obligations of the United States as a member of the
International Monetary Fund and the World Trade Organization.
(13) WTO and multilateral trade agreements.--Recognizing
that the World Trade Organization is the foundation of the
global trading system, the principal negotiating objectives
of the United States regarding the World Trade Organization,
the Uruguay Round Agreements, and other multilateral and
plurilateral trade agreements are--
(A) to achieve full implementation and extend the coverage
of the World Trade Organization and multilateral and
plurilateral agreements to products, sectors, and conditions
of trade not adequately covered;
(B) to expand country participation in and enhancement of
the Information Technology Agreement, the Government
Procurement Agreement, and other plurilateral trade
agreements of the World Trade Organization;
(C) to expand competitive market opportunities for United
States exports and to obtain fairer and more open conditions
of trade, including through utilization of global value
chains, through the negotiation of new WTO multilateral and
plurilateral trade agreements, such as an agreement on trade
facilitation;
(D) to ensure that regional trade agreements to which the
United States is not a party fully achieve the high standards
of, and comply with, WTO disciplines, including Article XXIV
of GATT 1994, Article V and V bis of the General Agreement on
Trade in Services, and the Enabling Clause, including through
meaningful WTO review of such regional trade agreements;
(E) to enhance compliance by WTO members with their
obligations as WTO members through active participation in
the bodies of the World Trade Organization by the United
States and all other WTO members, including in the trade
policy review mechanism and the committee system of the World
Trade Organization, and by working to increase the
effectiveness of such bodies; and
(F) to encourage greater cooperation between the World
Trade Organization and other international organizations.
(14) Trade institution transparency.--The principal
negotiating objective of the United States with respect to
transparency is to obtain wider and broader application of
the principle of transparency in the World Trade
Organization, entities established under bilateral and
regional trade agreements, and other international trade fora
through seeking--
(A) timely public access to information regarding trade
issues and the activities of such institutions;
(B) openness by ensuring public access to appropriate
meetings, proceedings, and submissions, including with regard
to trade and investment dispute settlement; and
(C) public access to all notifications and supporting
documentation submitted by WTO members.
(15) Anti-corruption.--The principal negotiating objectives
of the United States with respect to the use of money or
other things of value to influence acts, decisions, or
omissions of foreign governments or officials or to secure
any improper advantage in a manner affecting trade are--
(A) to obtain high standards and effective domestic
enforcement mechanisms applicable to persons from all
countries participating in the applicable trade agreement
that prohibit such attempts to influence acts, decisions, or
omissions of foreign governments or officials or to secure
any such improper advantage;
[[Page H7276]]
(B) to ensure that such standards level the playing field
for United States persons in international trade and
investment; and
(C) to seek commitments to work jointly to encourage and
support anti-corruption and anti-bribery initiatives in
international trade fora, including through the Convention on
Combating Bribery of Foreign Public Officials in
International Business Transactions of the Organization for
Economic Cooperation and Development, done at Paris December
17, 1997 (commonly known as the ``OECD Anti-Bribery
Convention'').
(16) Dispute settlement and enforcement.--The principal
negotiating objectives of the United States with respect to
dispute settlement and enforcement of trade agreements are--
(A) to seek provisions in trade agreements providing for
resolution of disputes between governments under those trade
agreements in an effective, timely, transparent, equitable,
and reasoned manner, requiring determinations based on facts
and the principles of the agreements, with the goal of
increasing compliance with the agreements;
(B) to seek to strengthen the capacity of the Trade Policy
Review Mechanism of the World Trade Organization to review
compliance with commitments;
(C) to seek adherence by panels convened under the Dispute
Settlement Understanding and by the Appellate Body to--
(i) the mandate of those panels and the Appellate Body to
apply the WTO Agreement as written, without adding to or
diminishing rights and obligations under the Agreement; and
(ii) the standard of review applicable under the Uruguay
Round Agreement involved in the dispute, including greater
deference, where appropriate, to the fact finding and
technical expertise of national investigating authorities;
(D) to seek provisions encouraging the early identification
and settlement of disputes through consultation;
(E) to seek provisions to encourage the provision of trade-
expanding compensation if a party to a dispute under the
agreement does not come into compliance with its obligations
under the agreement;
(F) to seek provisions to impose a penalty upon a party to
a dispute under the agreement that--
(i) encourages compliance with the obligations of the
agreement;
(ii) is appropriate to the parties, nature, subject matter,
and scope of the violation; and
(iii) has the aim of not adversely affecting parties or
interests not party to the dispute while maintaining the
effectiveness of the enforcement mechanism; and
(G) to seek provisions that treat United States principal
negotiating objectives equally with respect to--
(i) the ability to resort to dispute settlement under the
applicable agreement;
(ii) the availability of equivalent dispute settlement
procedures; and
(iii) the availability of equivalent remedies.
(17) Trade remedy laws.--The principal negotiating
objectives of the United States with respect to trade remedy
laws are--
(A) to preserve the ability of the United States to enforce
rigorously its trade laws, including the antidumping,
countervailing duty, and safeguard laws, and avoid agreements
that lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies, or that lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure that
United States workers, agricultural producers, and firms can
compete fully on fair terms and enjoy the benefits of
reciprocal trade concessions; and
(B) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market access barriers.
(18) Border taxes.--The principal negotiating objective of
the United States regarding border taxes is to obtain a
revision of the rules of the World Trade Organization with
respect to the treatment of border adjustments for internal
taxes to redress the disadvantage to countries relying
primarily on direct taxes for revenue rather than indirect
taxes.
(19) Textile negotiations.--The principal negotiating
objectives of the United States with respect to trade in
textiles and apparel articles are to obtain competitive
opportunities for United States exports of textiles and
apparel in foreign markets substantially equivalent to the
competitive opportunities afforded foreign exports in United
States markets and to achieve fairer and more open conditions
of trade in textiles and apparel.
(20) Commercial partnerships.--
(A) In general.--With respect to an agreement that is
proposed to be entered into with the Transatlantic Trade and
Investment Partnership countries and to which section 103(b)
will apply, the principal negotiating objectives of the
United States regarding commercial partnerships are the
following:
(i) To discourage actions by potential trading partners
that directly or indirectly prejudice or otherwise discourage
commercial activity solely between the United States and
Israel.
(ii) To discourage politically motivated actions to
boycott, divest from, or sanction Israel and to seek the
elimination of politically motivated nontariff barriers on
Israeli goods, services, or other commerce imposed on the
State of Israel.
(iii) To seek the elimination of state-sponsored
unsanctioned foreign boycotts against Israel or compliance
with the Arab League Boycott of Israel by prospective trading
partners.
(B) Definition.--In this paragraph, the term ``actions to
boycott, divest from, or sanction Israel'' means actions by
states, non-member states of the United Nations,
international organizations, or affiliated agencies of
international organizations that are politically motivated
and are intended to penalize or otherwise limit commercial
relations specifically with Israel or persons doing business
in Israel or in Israeli-controlled territories.
(21) Good governance, transparency, the effective operation
of legal regimes, and the rule of law of trading partners.--
The principal negotiating objectives of the United States
with respect to ensuring implementation of trade commitments
and obligations by strengthening good governance,
transparency, the effective operation of legal regimes and
the rule of law of trading partners of the United States is
through capacity building and other appropriate means, which
are important parts of the broader effort to create more open
democratic societies and to promote respect for
internationally recognized human rights.
(c) Capacity Building and Other Priorities.--In order to
address and maintain United States competitiveness in the
global economy, the President shall--
(1) direct the heads of relevant Federal agencies--
(A) to work to strengthen the capacity of United States
trading partners to carry out obligations under trade
agreements by consulting with any country seeking a trade
agreement with the United States concerning that country's
laws relating to customs and trade facilitation, sanitary and
phytosanitary measures, technical barriers to trade,
intellectual property rights, labor, and the environment; and
(B) to provide technical assistance to that country if
needed;
(2) seek to establish consultative mechanisms among parties
to trade agreements to strengthen the capacity of United
States trading partners to develop and implement standards
for the protection of the environment and human health based
on sound science;
(3) promote consideration of multilateral environmental
agreements and consult with parties to such agreements
regarding the consistency of any such agreement that includes
trade measures with existing environmental exceptions under
Article XX of GATT 1994; and
(4) submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
an annual report on capacity-building activities undertaken
in connection with trade agreements negotiated or being
negotiated pursuant to this title.
SEC. 103. TRADE AGREEMENTS AUTHORITY.
(a) Agreements Regarding Tariff Barriers.--
(1) In general.--Whenever the President determines that one
or more existing duties or other import restrictions of any
foreign country or the United States are unduly burdening and
restricting the foreign trade of the United States and that
the purposes, policies, priorities, and objectives of this
title will be promoted thereby, the President--
(A) may enter into trade agreements with foreign countries
before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade authorities procedures are
extended under subsection (c); and
(B) may, subject to paragraphs (2) and (3), proclaim--
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty free or excise
treatment, or
(iii) such additional duties,
as the President determines to be required or appropriate to
carry out any such trade agreement.
Substantial modifications to, or substantial additional
provisions of, a trade agreement entered into after July 1,
2018, or July 1, 2021, if trade authorities procedures are
extended under subsection (c), shall not be eligible for
approval under this title.
(2) Notification.--The President shall notify Congress of
the President's intention to enter into an agreement under
this subsection.
(3) Limitations.--No proclamation may be made under
paragraph (1) that--
(A) reduces any rate of duty (other than a rate of duty
that does not exceed 5 percent ad valorem on the date of the
enactment of this Act) to a rate of duty which is less than
50 percent of the rate of such duty that applies on such date
of enactment;
(B) reduces the rate of duty below that applicable under
the Uruguay Round Agreements or a successor agreement, on any
import sensitive agricultural product; or
(C) increases any rate of duty above the rate that applied
on the date of the enactment of this Act.
(4) Aggregate reduction; exemption from staging.--
(A) Aggregate reduction.--Except as provided in
subparagraph (B), the aggregate reduction in the rate of duty
on any article which is in effect on any day pursuant to a
trade agreement entered into under paragraph (1) shall not
exceed the aggregate reduction which would have been in
effect on such day if--
(i) a reduction of 3 percent ad valorem or a reduction of
\1/10\ of the total reduction, whichever is greater, had
taken effect on the effective date of the first reduction
proclaimed under paragraph (1) to carry out such agreement
with respect to such article; and
(ii) a reduction equal to the amount applicable under
clause (i) had taken effect at 1-year intervals after the
effective date of such first reduction.
(B) Exemption from staging.--No staging is required under
subparagraph (A) with respect to a duty reduction that is
proclaimed under paragraph (1) for an article of a kind that
is not produced in the United States. The United States
International Trade Commission shall advise the President of
the identity of articles that may be exempted from staging
under this subparagraph.
(5) Rounding.--If the President determines that such action
will simplify the computation
[[Page H7277]]
of reductions under paragraph (4), the President may round an
annual reduction by an amount equal to the lesser of--
(A) the difference between the reduction without regard to
this paragraph and the next lower whole number; or
(B) \1/2\ of 1 percent ad valorem.
(6) Other limitations.--A rate of duty reduction that may
not be proclaimed by reason of paragraph (3) may take effect
only if a provision authorizing such reduction is included
within an implementing bill provided for under section 106
and that bill is enacted into law.
(7) Other tariff modifications.--Notwithstanding paragraphs
(1)(B), (3)(A), (3)(C), and (4) through (6), and subject to
the consultation and layover requirements of section 115 of
the Uruguay Round Agreements Act (19 U.S.C. 3524), the
President may proclaim the modification of any duty or staged
rate reduction of any duty set forth in Schedule XX, as
defined in section 2(5) of that Act (19 U.S.C. 3501(5)), if
the United States agrees to such modification or staged rate
reduction in a negotiation for the reciprocal elimination or
harmonization of duties under the auspices of the World Trade
Organization.
(8) Authority under uruguay round agreements act not
affected.--Nothing in this subsection shall limit the
authority provided to the President under section 111(b) of
the Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
(b) Agreements Regarding Tariff and Nontariff Barriers.--
(1) In general.--(A) Whenever the President determines
that--
(i) 1 or more existing duties or any other import
restriction of any foreign country or the United States or
any other barrier to, or other distortion of, international
trade unduly burdens or restricts the foreign trade of the
United States or adversely affects the United States economy,
or
(ii) the imposition of any such barrier or distortion is
likely to result in such a burden, restriction, or effect,
and that the purposes, policies, priorities, and objectives
of this title will be promoted thereby, the President may
enter into a trade agreement described in subparagraph (B)
during the period described in subparagraph (C).
(B) The President may enter into a trade agreement under
subparagraph (A) with foreign countries providing for--
(i) the reduction or elimination of a duty, restriction,
barrier, or other distortion described in subparagraph (A);
or
(ii) the prohibition of, or limitation on the imposition
of, such barrier or other distortion.
(C) The President may enter into a trade agreement under
this paragraph before--
(i) July 1, 2018; or
(ii) July 1, 2021, if trade authorities procedures are
extended under subsection (c).
Substantial modifications to, or substantial additional
provisions of, a trade agreement entered into after July 1,
2018, or July 1, 2021, if trade authorities procedures are
extended under subsection (c), shall not be eligible for
approval under this title.
(2) Conditions.--A trade agreement may be entered into
under this subsection only if such agreement makes progress
in meeting the applicable objectives described in subsections
(a) and (b) of section 102 and the President satisfies the
conditions set forth in sections 104 and 105.
(3) Bills qualifying for trade authorities procedures.--(A)
The provisions of section 151 of the Trade Act of 1974 (in
this title referred to as ``trade authorities procedures'')
apply to a bill of either House of Congress which contains
provisions described in subparagraph (B) to the same extent
as such section 151 applies to implementing bills under that
section. A bill to which this paragraph applies shall
hereafter in this title be referred to as an ``implementing
bill''.
(B) The provisions referred to in subparagraph (A) are--
(i) a provision approving a trade agreement entered into
under this subsection and approving the statement of
administrative action, if any, proposed to implement such
trade agreement; and
(ii) if changes in existing laws or new statutory authority
are required to implement such trade agreement or agreements,
only such provisions as are strictly necessary or appropriate
to implement such trade agreement or agreements, either
repealing or amending existing laws or providing new
statutory authority.
(c) Extension Disapproval Process for Congressional Trade
Authorities Procedures.--
(1) In general.--Except as provided in section 106(b)--
(A) the trade authorities procedures apply to implementing
bills submitted with respect to trade agreements entered into
under subsection (b) before July 1, 2018; and
(B) the trade authorities procedures shall be extended to
implementing bills submitted with respect to trade agreements
entered into under subsection (b) after June 30, 2018, and
before July 1, 2021, if (and only if)--
(i) the President requests such extension under paragraph
(2); and
(ii) neither House of Congress adopts an extension
disapproval resolution under paragraph (5) before July 1,
2018.
(2) Report to congress by the president.--If the President
is of the opinion that the trade authorities procedures
should be extended to implementing bills described in
paragraph (1)(B), the President shall submit to Congress, not
later than April 1, 2018, a written report that contains a
request for such extension, together with--
(A) a description of all trade agreements that have been
negotiated under subsection (b) and the anticipated schedule
for submitting such agreements to Congress for approval;
(B) a description of the progress that has been made in
negotiations to achieve the purposes, policies, priorities,
and objectives of this title, and a statement that such
progress justifies the continuation of negotiations; and
(C) a statement of the reasons why the extension is needed
to complete the negotiations.
(3) Other reports to congress.--
(A) Report by the advisory committee.--The President shall
promptly inform the Advisory Committee for Trade Policy and
Negotiations established under section 135 of the Trade Act
of 1974 (19 U.S.C. 2155) of the decision of the President to
submit a report to Congress under paragraph (2). The Advisory
Committee shall submit to Congress as soon as practicable,
but not later than June 1, 2018, a written report that
contains--
(i) its views regarding the progress that has been made in
negotiations to achieve the purposes, policies, priorities,
and objectives of this title; and
(ii) a statement of its views, and the reasons therefor,
regarding whether the extension requested under paragraph (2)
should be approved or disapproved.
(B) Report by international trade commission.--The
President shall promptly inform the United States
International Trade Commission of the decision of the
President to submit a report to Congress under paragraph (2).
The International Trade Commission shall submit to Congress
as soon as practicable, but not later than June 1, 2018, a
written report that contains a review and analysis of the
economic impact on the United States of all trade agreements
implemented between the date of the enactment of this Act and
the date on which the President decides to seek an extension
requested under paragraph (2).
(4) Status of reports.--The reports submitted to Congress
under paragraphs (2) and (3), or any portion of such reports,
may be classified to the extent the President determines
appropriate.
(5) Extension disapproval resolutions.--(A) For purposes of
paragraph (1), the term ``extension disapproval resolution''
means a resolution of either House of Congress, the sole
matter after the resolving clause of which is as follows:
``That the ____ disapproves the request of the President for
the extension, under section 103(c)(1)(B)(i) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015, of the trade authorities procedures under that
Act to any implementing bill submitted with respect to any
trade agreement entered into under section 103(b) of that Act
after June 30, 2018.'', with the blank space being filled
with the name of the resolving House of Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of Congress by any
member of such House; and
(ii) shall be referred, in the House of Representatives, to
the Committee on Ways and Means and, in addition, to the
Committee on Rules.
(C) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to
the floor consideration of certain resolutions in the House
and Senate) apply to extension disapproval resolutions.
(D) It is not in order for--
(i) the House of Representatives to consider any extension
disapproval resolution not reported by the Committee on Ways
and Means and, in addition, by the Committee on Rules;
(ii) the Senate to consider any extension disapproval
resolution not reported by the Committee on Finance; or
(iii) either House of Congress to consider an extension
disapproval resolution after June 30, 2018.
(d) Commencement of Negotiations.--In order to contribute
to the continued economic expansion of the United States, the
President shall commence negotiations covering tariff and
nontariff barriers affecting any industry, product, or
service sector, and expand existing sectoral agreements to
countries that are not parties to those agreements, in cases
where the President determines that such negotiations are
feasible and timely and would benefit the United States. Such
sectors include agriculture, commercial services,
intellectual property rights, industrial and capital goods,
government procurement, information technology products,
environmental technology and services, medical equipment and
services, civil aircraft, and infrastructure products. In so
doing, the President shall take into account all of the
negotiating objectives set forth in section 102.
SEC. 104. CONGRESSIONAL OVERSIGHT, CONSULTATIONS, AND ACCESS
TO INFORMATION.
(a) Consultations With Members of Congress.--
(1) Consultations during negotiations.--In the course of
negotiations conducted under this title, the United States
Trade Representative shall--
(A) meet upon request with any Member of Congress regarding
negotiating objectives, the status of negotiations in
progress, and the nature of any changes in the laws of the
United States or the administration of those laws that may be
recommended to Congress to carry out any trade agreement or
any requirement of, amendment to, or recommendation under,
that agreement;
(B) upon request of any Member of Congress, provide access
to pertinent documents relating to the negotiations,
including classified materials;
(C) consult closely and on a timely basis with, and keep
fully apprised of the negotiations, the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate;
(D) consult closely and on a timely basis with, and keep
fully apprised of the negotiations, the House Advisory Group
on Negotiations and the Senate Advisory Group on Negotiations
convened under subsection (c) and all committees of
[[Page H7278]]
the House of Representatives and the Senate with jurisdiction
over laws that could be affected by a trade agreement
resulting from the negotiations; and
(E) with regard to any negotiations and agreement relating
to agricultural trade, also consult closely and on a timely
basis (including immediately before initialing an agreement)
with, and keep fully apprised of the negotiations, the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(2) Consultations prior to entry into force.--Prior to
exchanging notes providing for the entry into force of a
trade agreement, the United States Trade Representative shall
consult closely and on a timely basis with Members of
Congress and committees as specified in paragraph (1), and
keep them fully apprised of the measures a trading partner
has taken to comply with those provisions of the agreement
that are to take effect on the date that the agreement enters
into force.
(3) Enhanced coordination with congress.--
(A) Written guidelines.--The United States Trade
Representative, in consultation with the chairmen and the
ranking members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate, respectively--
(i) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on enhanced
coordination with Congress, including coordination with
designated congressional advisers under subsection (b),
regarding negotiations conducted under this title; and
(ii) may make such revisions to the guidelines as may be
necessary from time to time.
(B) Content of guidelines.--The guidelines developed under
subparagraph (A) shall enhance coordination with Congress
through procedures to ensure--
(i) timely briefings upon request of any Member of Congress
regarding negotiating objectives, the status of negotiations
in progress conducted under this title, and the nature of any
changes in the laws of the United States or the
administration of those laws that may be recommended to
Congress to carry out any trade agreement or any requirement
of, amendment to, or recommendation under, that agreement;
and
(ii) the sharing of detailed and timely information with
Members of Congress, and their staff with proper security
clearances as appropriate, regarding those negotiations and
pertinent documents related to those negotiations (including
classified information), and with committee staff with proper
security clearances as would be appropriate in the light of
the responsibilities of that committee over the trade
agreements programs affected by those negotiations.
(C) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under subparagraph
(A) to all Federal agencies that could have jurisdiction over
laws affected by trade negotiations.
(b) Designated Congressional Advisers.--
(1) Designation.--
(A) House of representatives.--In each Congress, any Member
of the House of Representatives may be designated as a
congressional adviser on trade policy and negotiations by the
Speaker of the House of Representatives, after consulting
with the chairman and ranking member of the Committee on Ways
and Means and the chairman and ranking member of the
committee from which the Member will be selected.
(B) Senate.--In each Congress, any Member of the Senate may
be designated as a congressional adviser on trade policy and
negotiations by the President pro tempore of the Senate,
after consultation with the chairman and ranking member of
the Committee on Finance and the chairman and ranking member
of the committee from which the Member will be selected.
(2) Consultations with designated congressional advisers.--
In the course of negotiations conducted under this title, the
United States Trade Representative shall consult closely and
on a timely basis (including immediately before initialing an
agreement) with, and keep fully apprised of the negotiations,
the congressional advisers for trade policy and negotiations
designated under paragraph (1).
(3) Accreditation.--Each Member of Congress designated as a
congressional adviser under paragraph (1) shall be accredited
by the United States Trade Representative on behalf of the
President as an official adviser to the United States
delegations to international conferences, meetings, and
negotiating sessions relating to trade agreements.
(c) Congressional Advisory Groups on Negotiations.--
(1) In general.--By not later than 60 days after the date
of the enactment of this Act, and not later than 30 days
after the convening of each Congress, the chairman of the
Committee on Ways and Means of the House of Representatives
shall convene the House Advisory Group on Negotiations and
the chairman of the Committee on Finance of the Senate shall
convene the Senate Advisory Group on Negotiations (in this
subsection referred to collectively as the ``congressional
advisory groups'').
(2) Members and functions.--
(A) Membership of the house advisory group on
negotiations.--In each Congress, the House Advisory Group on
Negotiations shall be comprised of the following Members of
the House of Representatives:
(i) The chairman and ranking member of the Committee on
Ways and Means, and 3 additional members of such Committee
(not more than 2 of whom are members of the same political
party).
(ii) The chairman and ranking member, or their designees,
of the committees of the House of Representatives that would
have, under the Rules of the House of Representatives,
jurisdiction over provisions of law affected by a trade
agreement negotiation conducted at any time during that
Congress and to which this title would apply.
(B) Membership of the senate advisory group on
negotiations.--In each Congress, the Senate Advisory Group on
Negotiations shall be comprised of the following Members of
the Senate:
(i) The chairman and ranking member of the Committee on
Finance and 3 additional members of such Committee (not more
than 2 of whom are members of the same political party).
(ii) The chairman and ranking member, or their designees,
of the committees of the Senate that would have, under the
Rules of the Senate, jurisdiction over provisions of law
affected by a trade agreement negotiation conducted at any
time during that Congress and to which this title would
apply.
(C) Accreditation.--Each member of the congressional
advisory groups described in subparagraphs (A)(i) and (B)(i)
shall be accredited by the United States Trade Representative
on behalf of the President as an official adviser to the
United States delegation in negotiations for any trade
agreement to which this title applies. Each member of the
congressional advisory groups described in subparagraphs
(A)(ii) and (B)(ii) shall be accredited by the United States
Trade Representative on behalf of the President as an
official adviser to the United States delegation in the
negotiations by reason of which the member is in one of the
congressional advisory groups.
(D) Consultation and advice.--The congressional advisory
groups shall consult with and provide advice to the Trade
Representative regarding the formulation of specific
objectives, negotiating strategies and positions, the
development of the applicable trade agreement, and compliance
and enforcement of the negotiated commitments under the trade
agreement.
(E) Chair.--The House Advisory Group on Negotiations shall
be chaired by the Chairman of the Committee on Ways and Means
of the House of Representatives and the Senate Advisory Group
on Negotiations shall be chaired by the Chairman of the
Committee on Finance of the Senate.
(F) Coordination with other committees.--Members of any
committee represented on one of the congressional advisory
groups may submit comments to the member of the appropriate
congressional advisory group from that committee regarding
any matter related to a negotiation for any trade agreement
to which this title applies.
(3) Guidelines.--
(A) Purpose and revision.--The United States Trade
Representative, in consultation with the chairmen and the
ranking members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate, respectively--
(i) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines to
facilitate the useful and timely exchange of information
between the Trade Representative and the congressional
advisory groups; and
(ii) may make such revisions to the guidelines as may be
necessary from time to time.
(B) Content.--The guidelines developed under subparagraph
(A) shall provide for, among other things--
(i) detailed briefings on a fixed timetable to be specified
in the guidelines of the congressional advisory groups
regarding negotiating objectives and positions and the status
of the applicable negotiations, beginning as soon as
practicable after the congressional advisory groups are
convened, with more frequent briefings as trade negotiations
enter the final stage;
(ii) access by members of the congressional advisory
groups, and staff with proper security clearances, to
pertinent documents relating to the negotiations, including
classified materials;
(iii) the closest practicable coordination between the
Trade Representative and the congressional advisory groups at
all critical periods during the negotiations, including at
negotiation sites;
(iv) after the applicable trade agreement is concluded,
consultation regarding ongoing compliance and enforcement of
negotiated commitments under the trade agreement; and
(v) the timeframe for submitting the report required under
section 105(d)(3).
(4) Request for meeting.--Upon the request of a majority of
either of the congressional advisory groups, the President
shall meet with that congressional advisory group before
initiating negotiations with respect to a trade agreement, or
at any other time concerning the negotiations.
(d) Consultations With the Public.--
(1) Guidelines for public engagement.--The United States
Trade Representative, in consultation with the chairmen and
the ranking members of the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate, respectively--
(A) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on public
access to information regarding negotiations conducted under
this title; and
(B) may make such revisions to the guidelines as may be
necessary from time to time.
(2) Purposes.--The guidelines developed under paragraph (1)
shall--
(A) facilitate transparency;
(B) encourage public participation; and
(C) promote collaboration in the negotiation process.
(3) Content.--The guidelines developed under paragraph (1)
shall include procedures that--
(A) provide for rapid disclosure of information in forms
that the public can readily find and use; and
[[Page H7279]]
(B) provide frequent opportunities for public input through
Federal Register requests for comment and other means.
(4) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under paragraph
(1) to all Federal agencies that could have jurisdiction over
laws affected by trade negotiations.
(e) Consultations With Advisory Committees.--
(1) Guidelines for engagement with advisory committees.--
The United States Trade Representative, in consultation with
the chairmen and the ranking members of the Committee on Ways
and Means of the House of Representatives and the Committee
on Finance of the Senate, respectively--
(A) shall, not later than 120 days after the date of the
enactment of this Act, develop written guidelines on enhanced
coordination with advisory committees established pursuant to
section 135 of the Trade Act of 1974 (19 U.S.C. 2155)
regarding negotiations conducted under this title; and
(B) may make such revisions to the guidelines as may be
necessary from time to time.
(2) Content.--The guidelines developed under paragraph (1)
shall enhance coordination with advisory committees described
in that paragraph through procedures to ensure--
(A) timely briefings of advisory committees and regular
opportunities for advisory committees to provide input
throughout the negotiation process on matters relevant to the
sectors or functional areas represented by those committees;
and
(B) the sharing of detailed and timely information with
each member of an advisory committee regarding negotiations
and pertinent documents related to the negotiation (including
classified information) on matters relevant to the sectors or
functional areas the member represents, and with a designee
with proper security clearances of each such member as
appropriate.
(3) Dissemination.--The United States Trade Representative
shall disseminate the guidelines developed under paragraph
(1) to all Federal agencies that could have jurisdiction over
laws affected by trade negotiations.
(f) Establishment of Position of Chief Transparency Officer
in the Office of the United States Trade Representative.--
Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b))
is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) There shall be in the Office one Chief Transparency
Officer. The Chief Transparency Officer shall consult with
Congress on transparency policy, coordinate transparency in
trade negotiations, engage and assist the public, and advise
the United States Trade Representative on transparency
policy.''.
SEC. 105. NOTICE, CONSULTATIONS, AND REPORTS.
(a) Notice, Consultations, and Reports Before
Negotiation.--
(1) Notice.--The President, with respect to any agreement
that is subject to the provisions of section 103(b), shall--
(A) provide, at least 90 calendar days before initiating
negotiations with a country, written notice to Congress of
the President's intention to enter into the negotiations with
that country and set forth in the notice the date on which
the President intends to initiate those negotiations, the
specific United States objectives for the negotiations with
that country, and whether the President intends to seek an
agreement, or changes to an existing agreement;
(B) before and after submission of the notice, consult
regarding the negotiations with the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate, such other committees of the House and
Senate as the President deems appropriate, and the House
Advisory Group on Negotiations and the Senate Advisory Group
on Negotiations convened under section 104(c);
(C) upon the request of a majority of the members of either
the House Advisory Group on Negotiations or the Senate
Advisory Group on Negotiations convened under section 104(c),
meet with the requesting congressional advisory group before
initiating the negotiations or at any other time concerning
the negotiations; and
(D) after consulting with the Committee on Ways and Means
and the Committee on Finance, and at least 30 calendar days
before initiating negotiations with a country, publish on a
publicly available Internet website of the Office of the
United States Trade Representative, and regularly update
thereafter, a detailed and comprehensive summary of the
specific objectives with respect to the negotiations, and a
description of how the agreement, if successfully concluded,
will further those objectives and benefit the United States.
(2) Negotiations regarding agriculture.--
(A) Assessment and consultations following assessment.--
Before initiating or continuing negotiations the subject
matter of which is directly related to the subject matter
under section 102(b)(3)(B) with any country, the President
shall--
(i) assess whether United States tariffs on agricultural
products that were bound under the Uruguay Round Agreements
are lower than the tariffs bound by that country;
(ii) consider whether the tariff levels bound and applied
throughout the world with respect to imports from the United
States are higher than United States tariffs and whether the
negotiation provides an opportunity to address any such
disparity; and
(iii) consult with the Committee on Ways and Means and the
Committee on Agriculture of the House of Representatives and
the Committee on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate concerning the results
of the assessment, whether it is appropriate for the United
States to agree to further tariff reductions based on the
conclusions reached in the assessment, and how all applicable
negotiating objectives will be met.
(B) Special consultations on import sensitive products.--
(i) Before initiating negotiations with regard to agriculture
and, with respect to agreements described in paragraphs (2)
and (3) of section 107(a), as soon as practicable after the
date of the enactment of this Act, the United States Trade
Representative shall--
(I) identify those agricultural products subject to tariff
rate quotas on the date of enactment of this Act, and
agricultural products subject to tariff reductions by the
United States as a result of the Uruguay Round Agreements,
for which the rate of duty was reduced on January 1, 1995, to
a rate which was not less than 97.5 percent of the rate of
duty that applied to such article on December 31, 1994;
(II) consult with the Committee on Ways and Means and the
Committee on Agriculture of the House of Representatives and
the Committee on Finance and the Committee on Agriculture,
Nutrition, and Forestry of the Senate concerning--
(aa) whether any further tariff reductions on the products
identified under subclause (I) should be appropriate, taking
into account the impact of any such tariff reduction on the
United States industry producing the product concerned;
(bb) whether the products so identified face unjustified
sanitary or phytosanitary restrictions, including those not
based on scientific principles in contravention of the
Uruguay Round Agreements; and
(cc) whether the countries participating in the
negotiations maintain export subsidies or other programs,
policies, or practices that distort world trade in such
products and the impact of such programs, policies, and
practices on United States producers of the products;
(III) request that the International Trade Commission
prepare an assessment of the probable economic effects of any
such tariff reduction on the United States industry producing
the product concerned and on the United States economy as a
whole; and
(IV) upon complying with subclauses (I), (II), and (III),
notify the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee
on Finance and the Committee on Agriculture, Nutrition, and
Forestry of the Senate of those products identified under
subclause (I) for which the Trade Representative intends to
seek tariff liberalization in the negotiations and the
reasons for seeking such tariff liberalization.
(ii) If, after negotiations described in clause (i) are
commenced--
(I) the United States Trade Representative identifies any
additional agricultural product described in clause (i)(I)
for tariff reductions which were not the subject of a
notification under clause (i)(IV), or
(II) any additional agricultural product described in
clause (i)(I) is the subject of a request for tariff
reductions by a party to the negotiations,
the Trade Representative shall, as soon as practicable,
notify the committees referred to in clause (i)(IV) of those
products and the reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry.--Before
initiating, or continuing, negotiations that directly relate
to fish or shellfish trade with any country, the President
shall consult with the Committee on Ways and Means and the
Committee on Natural Resources of the House of
Representatives, and the Committee on Finance and the
Committee on Commerce, Science, and Transportation of the
Senate, and shall keep the Committees apprised of the
negotiations on an ongoing and timely basis.
(4) Negotiations regarding textiles.--Before initiating or
continuing negotiations the subject matter of which is
directly related to textiles and apparel products with any
country, the President shall--
(A) assess whether United States tariffs on textile and
apparel products that were bound under the Uruguay Round
Agreements are lower than the tariffs bound by that country
and whether the negotiation provides an opportunity to
address any such disparity; and
(B) consult with the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate concerning the results of the assessment, whether it
is appropriate for the United States to agree to further
tariff reductions based on the conclusions reached in the
assessment, and how all applicable negotiating objectives
will be met.
(5) Adherence to existing international trade and
investment agreement obligations.--In determining whether to
enter into negotiations with a particular country, the
President shall take into account the extent to which that
country has implemented, or has accelerated the
implementation of, its international trade and investment
commitments to the United States, including pursuant to the
WTO Agreement.
(b) Consultation With Congress Before Entry Into
Agreement.--
(1) Consultation.--Before entering into any trade agreement
under section 103(b), the President shall consult with--
(A) the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate;
(B) each other committee of the House and the Senate, and
each joint committee of Congress, which has jurisdiction over
legislation involving subject matters which would be affected
by the trade agreement; and
(C) the House Advisory Group on Negotiations and the Senate
Advisory Group on Negotiations convened under section 104(c).
[[Page H7280]]
(2) Scope.--The consultation described in paragraph (1)
shall include consultation with respect to--
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the
applicable purposes, policies, priorities, and objectives of
this title; and
(C) the implementation of the agreement under section 106,
including the general effect of the agreement on existing
laws.
(3) Report regarding united states trade remedy laws.--
(A) Changes in certain trade laws.--The President, not less
than 180 calendar days before the day on which the President
enters into a trade agreement under section 103(b), shall
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate--
(i) the range of proposals advanced in the negotiations
with respect to that agreement, that may be in the final
agreement, and that could require amendments to title VII of
the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or to chapter
1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et
seq.); and
(ii) how these proposals relate to the objectives described
in section 102(b)(16).
(B) Resolutions.--(i) At any time after the transmission of
the report under subparagraph (A), if a resolution is
introduced with respect to that report in either House of
Congress, the procedures set forth in clauses (iii) through
(vii) shall apply to that resolution if--
(I) no other resolution with respect to that report has
previously been reported in that House of Congress by the
Committee on Ways and Means or the Committee on Finance, as
the case may be, pursuant to those procedures; and
(II) no procedural disapproval resolution under section
106(b) introduced with respect to a trade agreement entered
into pursuant to the negotiations to which the report under
subparagraph (A) relates has previously been reported in that
House of Congress by the Committee on Ways and Means or the
Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term
``resolution'' means only a resolution of either House of
Congress, the matter after the resolving clause of which is
as follows: ``That the ____ finds that the proposed changes
to United States trade remedy laws contained in the report of
the President transmitted to Congress on ____ under section
105(b)(3) of the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 with respect to ____, are
inconsistent with the negotiating objectives described in
section 102(b)(16) of that Act.'', with the first blank space
being filled with the name of the resolving House of
Congress, the second blank space being filled with the
appropriate date of the report, and the third blank space
being filled with the name of the country or countries
involved.
(iii) Resolutions in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means
and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(iv) Resolutions in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(v) It is not in order for the House of Representatives to
consider any resolution that is not reported by the Committee
on Ways and Means and, in addition, by the Committee on
Rules.
(vi) It is not in order for the Senate to consider any
resolution that is not reported by the Committee on Finance.
(vii) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to
floor consideration of certain resolutions in the House and
Senate) shall apply to resolutions.
(4) Advisory committee reports.--The report required under
section 135(e)(1) of the Trade Act of 1974 (19 U.S.C.
2155(e)(1)) regarding any trade agreement entered into under
subsection (a) or (b) of section 103 shall be provided to the
President, Congress, and the United States Trade
Representative not later than 30 days after the date on which
the President notifies Congress under section 103(a)(2) or
106(a)(1)(A) of the intention of the President to enter into
the agreement.
(c) International Trade Commission Assessment.--
(1) Submission of information to commission.--The
President, not later than 90 calendar days before the day on
which the President enters into a trade agreement under
section 103(b), shall provide the International Trade
Commission (referred to in this subsection as the
``Commission'') with the details of the agreement as it
exists at that time and request the Commission to prepare and
submit an assessment of the agreement as described in
paragraph (2). Between the time the President makes the
request under this paragraph and the time the Commission
submits the assessment, the President shall keep the
Commission current with respect to the details of the
agreement.
(2) Assessment.--Not later than 105 calendar days after the
President enters into a trade agreement under section 103(b),
the Commission shall submit to the President and Congress a
report assessing the likely impact of the agreement on the
United States economy as a whole and on specific industry
sectors, including the impact the agreement will have on the
gross domestic product, exports and imports, aggregate
employment and employment opportunities, the production,
employment, and competitive position of industries likely to
be significantly affected by the agreement, and the interests
of United States consumers.
(3) Review of empirical literature.--In preparing the
assessment under paragraph (2), the Commission shall review
available economic assessments regarding the agreement,
including literature regarding any substantially equivalent
proposed agreement, and shall provide in its assessment a
description of the analyses used and conclusions drawn in
such literature, and a discussion of areas of consensus and
divergence between the various analyses and conclusions,
including those of the Commission regarding the agreement.
(4) Public availability.--The President shall make each
assessment under paragraph (2) available to the public.
(d) Reports Submitted to Committees With Agreement.--
(1) Environmental reviews and reports.--The President
shall--
(A) conduct environmental reviews of future trade and
investment agreements, consistent with Executive Order 13141
(64 Fed. Reg. 63169), dated November 16, 1999, and its
relevant guidelines; and
(B) submit a report on those reviews and on the content and
operation of consultative mechanisms established pursuant to
section 102(c) to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate at the time the President submits to Congress a copy
of the final legal text of an agreement pursuant to section
106(a)(1)(E).
(2) Employment impact reviews and reports.--The President
shall--
(A) review the impact of future trade agreements on United
States employment, including labor markets, modeled after
Executive Order 13141 (64 Fed. Reg. 63169) to the extent
appropriate in establishing procedures and criteria; and
(B) submit a report on such reviews to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate at the time the President
submits to Congress a copy of the final legal text of an
agreement pursuant to section 106(a)(1)(E).
(3) Report on labor rights.--The President shall submit to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate,
on a timeframe determined in accordance with section
104(c)(3)(B)(v)--
(A) a meaningful labor rights report of the country, or
countries, with respect to which the President is
negotiating; and
(B) a description of any provisions that would require
changes to the labor laws and labor practices of the United
States.
(4) Public availability.--The President shall make all
reports required under this subsection available to the
public.
(e) Implementation and Enforcement Plan.--
(1) In general.--At the time the President submits to
Congress a copy of the final legal text of an agreement
pursuant to section 106(a)(1)(E), the President shall also
submit to Congress a plan for implementing and enforcing the
agreement.
(2) Elements.--The implementation and enforcement plan
required by paragraph (1) shall include the following:
(A) Border personnel requirements.--A description of
additional personnel required at border entry points,
including a list of additional customs and agricultural
inspectors.
(B) Agency staffing requirements.--A description of
additional personnel required by Federal agencies responsible
for monitoring and implementing the trade agreement,
including personnel required by the Office of the United
States Trade Representative, the Department of Commerce, the
Department of Agriculture (including additional personnel
required to implement sanitary and phytosanitary measures in
order to obtain market access for United States exports), the
Department of Homeland Security, the Department of the
Treasury, and such other agencies as may be necessary.
(C) Customs infrastructure requirements.--A description of
the additional equipment and facilities needed by U.S.
Customs and Border Protection.
(D) Impact on state and local governments.--A description
of the impact the trade agreement will have on State and
local governments as a result of increases in trade.
(E) Cost analysis.--An analysis of the costs associated
with each of the items listed in subparagraphs (A) through
(D).
(3) Budget submission.--The President shall include a
request for the resources necessary to support the plan
required by paragraph (1) in the first budget of the
President submitted to Congress under section 1105(a) of
title 31, United States Code, after the date of the
submission of the plan.
(4) Public availability.--The President shall make the plan
required under this subsection available to the public.
(f) Other Reports.--
(1) Report on penalties.--Not later than one year after the
imposition by the United States of a penalty or remedy
permitted by a trade agreement to which this title applies,
the President shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a report on the effectiveness of the penalty or
remedy applied under United States law in enforcing United
States rights under the trade agreement, which shall address
whether the penalty or remedy was effective in changing the
behavior of the targeted party and whether the penalty or
remedy had any adverse impact on parties or interests not
party to the dispute.
(2) Report on impact of trade promotion authority.--Not
later than one year after the date of the enactment of this
Act, and not later than 5 years thereafter, the United States
International Trade Commission shall submit to the
[[Page H7281]]
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a report on the
economic impact on the United States of all trade agreements
with respect to which Congress has enacted an implementing
bill under trade authorities procedures since January 1,
1984.
(3) Enforcement consultations and reports.--(A) The United
States Trade Representative shall consult with the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate after acceptance of a
petition for review or taking an enforcement action in regard
to an obligation under a trade agreement, including a labor
or environmental obligation. During such consultations, the
United States Trade Representative shall describe the matter,
including the basis for such action and the application of
any relevant legal obligations.
(B) As part of the report required pursuant to section 163
of the Trade Act of 1974 (19 U.S.C. 2213), the President
shall report annually to Congress on enforcement actions
taken pursuant to a trade agreement to which the United
States is a party, as well as on any public reports issued by
Federal agencies on enforcement matters relating to a trade
agreement.
(g) Additional Coordination With Members.--Any Member of
the House of Representatives may submit to the Committee on
Ways and Means of the House of Representatives and any Member
of the Senate may submit to the Committee on Finance of the
Senate the views of that Member on any matter relevant to a
proposed trade agreement, and the relevant Committee shall
receive those views for consideration.
SEC. 106. IMPLEMENTATION OF TRADE AGREEMENTS.
(a) In General.--
(1) Notification and submission.--Any agreement entered
into under section 103(b) shall enter into force with respect
to the United States if (and only if)--
(A) the President, at least 90 calendar days before the day
on which the President enters into the trade agreement,
notifies the House of Representatives and the Senate of the
President's intention to enter into the agreement, and
promptly thereafter publishes notice of such intention in the
Federal Register;
(B) the President, at least 60 days before the day on which
the President enters into the agreement, publishes the text
of the agreement on a publicly available Internet website of
the Office of the United States Trade Representative;
(C) within 60 days after entering into the agreement, the
President submits to Congress a description of those changes
to existing laws that the President considers would be
required in order to bring the United States into compliance
with the agreement;
(D) the President, at least 30 days before submitting to
Congress the materials under subparagraph (E), submits to
Congress--
(i) a draft statement of any administrative action proposed
to implement the agreement; and
(ii) a copy of the final legal text of the agreement;
(E) after entering into the agreement, the President
submits to Congress, on a day on which both Houses of
Congress are in session, a copy of the final legal text of
the agreement, together with--
(i) a draft of an implementing bill described in section
103(b)(3);
(ii) a statement of any administrative action proposed to
implement the trade agreement; and
(iii) the supporting information described in paragraph
(2)(A);
(F) the implementing bill is enacted into law; and
(G) the President, not later than 30 days before the date
on which the agreement enters into force with respect to a
party to the agreement, submits written notice to Congress
that the President has determined that the party has taken
measures necessary to comply with those provisions of the
agreement that are to take effect on the date on which the
agreement enters into force.
(2) Supporting information.--
(A) In general.--The supporting information required under
paragraph (1)(E)(iii) consists of--
(i) an explanation as to how the implementing bill and
proposed administrative action will change or affect existing
law; and
(ii) a statement--
(I) asserting that the agreement makes progress in
achieving the applicable purposes, policies, priorities, and
objectives of this title; and
(II) setting forth the reasons of the President regarding--
(aa) how and to what extent the agreement makes progress in
achieving the applicable purposes, policies, and objectives
referred to in subclause (I);
(bb) whether and how the agreement changes provisions of an
agreement previously negotiated;
(cc) how the agreement serves the interests of United
States commerce; and
(dd) how the implementing bill meets the standards set
forth in section 103(b)(3).
(B) Public availability.--The President shall make the
supporting information described in subparagraph (A)
available to the public.
(3) Reciprocal benefits.--In order to ensure that a foreign
country that is not a party to a trade agreement entered into
under section 103(b) does not receive benefits under the
agreement unless the country is also subject to the
obligations under the agreement, the implementing bill
submitted with respect to the agreement shall provide that
the benefits and obligations under the agreement apply only
to the parties to the agreement, if such application is
consistent with the terms of the agreement. The implementing
bill may also provide that the benefits and obligations under
the agreement do not apply uniformly to all parties to the
agreement, if such application is consistent with the terms
of the agreement.
(4) Disclosure of commitments.--Any agreement or other
understanding with a foreign government or governments
(whether oral or in writing) that--
(A) relates to a trade agreement with respect to which
Congress enacts an implementing bill under trade authorities
procedures; and
(B) is not disclosed to Congress before an implementing
bill with respect to that agreement is introduced in either
House of Congress,
shall not be considered to be part of the agreement approved
by Congress and shall have no force and effect under United
States law or in any dispute settlement body.
(b) Limitations on Trade Authorities Procedures.--
(1) For lack of notice or consultations.--
(A) In general.--The trade authorities procedures shall not
apply to any implementing bill submitted with respect to a
trade agreement or trade agreements entered into under
section 103(b) if during the 60-day period beginning on the
date that one House of Congress agrees to a procedural
disapproval resolution for lack of notice or consultations
with respect to such trade agreement or agreements, the other
House separately agrees to a procedural disapproval
resolution with respect to such trade agreement or
agreements.
(B) Procedural disapproval resolution.--(i) For purposes of
this paragraph, the term ``procedural disapproval
resolution'' means a resolution of either House of Congress,
the sole matter after the resolving clause of which is as
follows: ``That the President has failed or refused to notify
or consult in accordance with the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 on
negotiations with respect to ________ and, therefore, the
trade authorities procedures under that Act shall not apply
to any implementing bill submitted with respect to such trade
agreement or agreements.'', with the blank space being filled
with a description of the trade agreement or agreements with
respect to which the President is considered to have failed
or refused to notify or consult.
(ii) For purposes of clause (i) and paragraphs (3)(C) and
(4)(C), the President has ``failed or refused to notify or
consult in accordance with the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015'' on negotiations
with respect to a trade agreement or trade agreements if--
(I) the President has failed or refused to consult (as the
case may be) in accordance with sections 104 and 105 and this
section with respect to the negotiations, agreement, or
agreements;
(II) guidelines under section 104 have not been developed
or met with respect to the negotiations, agreement, or
agreements;
(III) the President has not met with the House Advisory
Group on Negotiations or the Senate Advisory Group on
Negotiations pursuant to a request made under section
104(c)(4) with respect to the negotiations, agreement, or
agreements; or
(IV) the agreement or agreements fail to make progress in
achieving the purposes, policies, priorities, and objectives
of this title.
(2) Procedures for considering resolutions.--(A) Procedural
disapproval resolutions--
(i) in the House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means
and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee; and
(ii) in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(B) The provisions of subsections (d) and (e) of section
152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to
the floor consideration of certain resolutions in the House
and Senate) apply to a procedural disapproval resolution
introduced with respect to a trade agreement if no other
procedural disapproval resolution with respect to that trade
agreement has previously been reported in that House of
Congress by the Committee on Ways and Means or the Committee
on Finance, as the case may be, and if no resolution
described in clause (ii) of section 105(b)(3)(B) with respect
to that trade agreement has been reported in that House of
Congress by the Committee on Ways and Means or the Committee
on Finance, as the case may be, pursuant to the procedures
set forth in clauses (iii) through (vii) of such section.
(C) It is not in order for the House of Representatives to
consider any procedural disapproval resolution not reported
by the Committee on Ways and Means and, in addition, by the
Committee on Rules.
(D) It is not in order for the Senate to consider any
procedural disapproval resolution not reported by the
Committee on Finance.
(3) Consideration in senate of consultation and compliance
resolution to remove trade authorities procedures.--
(A) Reporting of resolution.--If, when the Committee on
Finance of the Senate meets on whether to report an
implementing bill with respect to a trade agreement or
agreements entered into under section 103(b), the committee
fails to favorably report the bill, the committee shall
report a resolution described in subparagraph (C).
(B) Applicability of trade authorities procedures.--The
trade authorities procedures
[[Page H7282]]
shall not apply in the Senate to any implementing bill
submitted with respect to a trade agreement or agreements
described in subparagraph (A) if the Committee on Finance
reports a resolution described in subparagraph (C) and such
resolution is agreed to by the Senate.
(C) Resolution described.--A resolution described in this
subparagraph is a resolution of the Senate originating from
the Committee on Finance the sole matter after the resolving
clause of which is as follows: ``That the President has
failed or refused to notify or consult in accordance with the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 on negotiations with respect to _____ and,
therefore, the trade authorities procedures under that Act
shall not apply in the Senate to any implementing bill
submitted with respect to such trade agreement or
agreements.'', with the blank space being filled with a
description of the trade agreement or agreements described in
subparagraph (A).
(D) Procedures.--If the Senate does not agree to a motion
to invoke cloture on the motion to proceed to a resolution
described in subparagraph (C), the resolution shall be
committed to the Committee on Finance.
(4) Consideration in the house of representatives of a
consultation and compliance resolution.--
(A) Qualifications for reporting resolution.--If--
(i) the Committee on Ways and Means of the House of
Representatives reports an implementing bill with respect to
a trade agreement or agreements entered into under section
103(b) with other than a favorable recommendation; and
(ii) a Member of the House of Representatives has
introduced a consultation and compliance resolution on the
legislative day following the filing of a report to accompany
the implementing bill with other than a favorable
recommendation,
then the Committee on Ways and Means shall consider a
consultation and compliance resolution pursuant to
subparagraph (B).
(B) Committee consideration of a qualifying resolution.--
(i) Not later than the fourth legislative day after the date
of introduction of the resolution, the Committee on Ways and
Means shall meet to consider a resolution meeting the
qualifications set forth in subparagraph (A).
(ii) After consideration of one such resolution by the
Committee on Ways and Means, this subparagraph shall not
apply to any other such resolution.
(iii) If the Committee on Ways and Means has not reported
the resolution by the sixth legislative day after the date of
its introduction, that committee shall be discharged from
further consideration of the resolution.
(C) Consultation and compliance resolution described.--A
consultation and compliance resolution--
(i) is a resolution of the House of Representatives, the
sole matter after the resolving clause of which is as
follows: ``That the President has failed or refused to notify
or consult in accordance with the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 on
negotiations with respect to _____ and, therefore, the trade
authorities procedures under that Act shall not apply in the
House of Representatives to any implementing bill submitted
with respect to such trade agreement or agreements.'', with
the blank space being filled with a description of the trade
agreement or agreements described in subparagraph (A); and
(ii) shall be referred to the Committee on Ways and Means.
(D) Applicability of trade authorities procedures.--The
trade authorities procedures shall not apply in the House of
Representatives to any implementing bill submitted with
respect to a trade agreement or agreements which are the
object of a consultation and compliance resolution if such
resolution is adopted by the House.
(5) For failure to meet other requirements.--Not later than
December 15, 2015, the Secretary of Commerce, in consultation
with the Secretary of State, the Secretary of the Treasury,
the Attorney General, and the United States Trade
Representative, shall transmit to Congress a report setting
forth the strategy of the executive branch to address
concerns of Congress regarding whether dispute settlement
panels and the Appellate Body of the World Trade Organization
have added to obligations, or diminished rights, of the
United States, as described in section 102(b)(15)(C). Trade
authorities procedures shall not apply to any implementing
bill with respect to an agreement negotiated under the
auspices of the World Trade Organization unless the Secretary
of Commerce has issued such report by the deadline specified
in this paragraph.
(6) Limitations on procedures with respect to agreements
with countries not in compliance with trafficking victims
protection act of 2000.--
(A) In general.--The trade authorities procedures shall not
apply to any implementing bill submitted with respect to a
trade agreement or trade agreements entered into under
section 103(b) with a country to which the minimum standards
for the elimination of trafficking are applicable and the
government of which does not fully comply with such standards
and is not making significant efforts to bring the country
into compliance (commonly referred to as a ``tier 3''
country), as determined in the most recent annual report on
trafficking in persons submitted under section 110(b)(1) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)(1)).
(B) Minimum standards for the elimination of trafficking
defined.--In this paragraph, the term ``minimum standards for
the elimination of trafficking'' means the standards set
forth in section 108 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7106).
(c) Rules of House of Representatives and Senate.--
Subsection (b) of this section, section 103(c), and section
105(b)(3) are enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedures of that House) at any time, in the same
manner, and to the same extent as any other rule of that
House.
SEC. 107. TREATMENT OF CERTAIN TRADE AGREEMENTS FOR WHICH
NEGOTIATIONS HAVE ALREADY BEGUN.
(a) Certain Agreements.--Notwithstanding the prenegotiation
notification and consultation requirement described in
section 105(a), if an agreement to which section 103(b)
applies--
(1) is entered into under the auspices of the World Trade
Organization,
(2) is entered into with the Trans-Pacific Partnership
countries with respect to which notifications have been made
in a manner consistent with section 105(a)(1)(A) as of the
date of the enactment of this Act,
(3) is entered into with the European Union,
(4) is an agreement with respect to international trade in
services entered into with WTO members with respect to which
a notification has been made in a manner consistent with
section 105(a)(1)(A) as of the date of the enactment of this
Act, or
(5) is an agreement with respect to environmental goods
entered into with WTO members with respect to which a
notification has been made in a manner consistent with
section 105(a)(1)(A) as of the date of the enactment of this
Act,
and results from negotiations that were commenced before the
date of the enactment of this Act, subsection (b) shall
apply.
(b) Treatment of Agreements.--In the case of any agreement
to which subsection (a) applies, the applicability of the
trade authorities procedures to implementing bills shall be
determined without regard to the requirements of section
105(a) (relating only to notice prior to initiating
negotiations), and any resolution under paragraph (1)(B),
(3)(C), or (4)(C) of section 106(b) shall not be in order on
the basis of a failure or refusal to comply with the
provisions of section 105(a), if (and only if) the President,
as soon as feasible after the date of the enactment of this
Act--
(1) notifies Congress of the negotiations described in
subsection (a), the specific United States objectives in the
negotiations, and whether the President is seeking a new
agreement or changes to an existing agreement; and
(2) before and after submission of the notice, consults
regarding the negotiations with the committees referred to in
section 105(a)(1)(B) and the House and Senate Advisory Groups
on Negotiations convened under section 104(c).
SEC. 108. SOVEREIGNTY.
(a) United States Law To Prevail in Event of Conflict.--No
provision of any trade agreement entered into under section
103(b), nor the application of any such provision to any
person or circumstance, that is inconsistent with any law of
the United States, any State of the United States, or any
locality of the United States shall have effect.
(b) Amendments or Modifications of United States Law.--No
provision of any trade agreement entered into under section
103(b) shall prevent the United States, any State of the
United States, or any locality of the United States from
amending or modifying any law of the United States, that
State, or that locality (as the case may be).
(c) Dispute Settlement Reports.--Reports, including
findings and recommendations, issued by dispute settlement
panels convened pursuant to any trade agreement entered into
under section 103(b) shall have no binding effect on the law
of the United States, the Government of the United States, or
the law or government of any State or locality of the United
States.
SEC. 109. INTERESTS OF SMALL BUSINESSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Trade Representative should
facilitate participation by small businesses in the trade
negotiation process; and
(2) the functions of the Office of the United States Trade
Representative relating to small businesses should continue
to be reflected in the title of the Assistant United States
Trade Representative assigned the responsibility for small
businesses.
(b) Consideration of Small Business Interests.--The
Assistant United States Trade Representative for Small
Business, Market Access, and Industrial Competitiveness shall
be responsible for ensuring that the interests of small
businesses are considered in all trade negotiations in
accordance with the objective described in section 102(a)(8).
SEC. 110. CONFORMING AMENDMENTS; APPLICATION OF CERTAIN
PROVISIONS.
(a) Conforming Amendments.--
(1) Advice from united states international trade
commission.--Section 131 of the Trade Act of 1974 (19 U.S.C.
2151) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``section 2103(a) or (b)
of the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``subsection (a) or (b) of section 103 of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015''; and
[[Page H7283]]
(ii) in paragraph (2), by striking ``section 2103(b) of the
Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103(b) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015'';
(B) in subsection (b), by striking ``section 2103(a)(3)(A)
of the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103(a)(4)(A) of the Bipartisan
Congressional Trade Priorities and Accountability Act of
2015''; and
(C) in subsection (c), by striking ``section 2103 of the
Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103(a) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
(2) Hearings.--Section 132 of the Trade Act of 1974 (19
U.S.C. 2152) is amended by striking ``section 2103 of the
Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''.
(3) Public hearings.--Section 133(a) of the Trade Act of
1974 (19 U.S.C. 2153(a)) is amended by striking ``section
2103 of the Bipartisan Trade Promotion Authority Act of
2002'' and inserting ``section 103 of the Bipartisan
Congressional Trade Priorities and Accountability Act of
2015''.
(4) Prerequisites for offers.--Section 134 of the Trade Act
of 1974 (19 U.S.C. 2154) is amended by striking ``section
2103 of the Bipartisan Trade Promotion Authority Act of
2002'' each place it appears and inserting ``section 103 of
the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015''.
(5) Information and advice from private and public
sectors.--Section 135 of the Trade Act of 1974 (19 U.S.C.
2155) is amended--
(A) in subsection (a)(1)(A), by striking ``section 2103 of
the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 103 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''; and
(B) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``section 2103 of the Bipartisan Trade
Promotion Authority Act of 2002'' each place it appears and
inserting ``section 103 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''; and
(II) by striking ``not later than the date on which the
President notifies the Congress under section 2105(a)(1)(A)
of the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``not later than the date that is 30 days after the
date on which the President notifies Congress under section
106(a)(1)(A) of the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015''; and
(ii) in paragraph (2), by striking ``section 2102 of the
Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 102 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015''.
(6) Procedures relating to implementing bills.--Section 151
of the Trade Act of 1974 (19 U.S.C. 2191) is amended--
(A) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``section 2105(a)(1) of the
Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 106(a)(1) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''; and
(B) in subsection (c)(1), by striking ``section 2105(a)(1)
of the Bipartisan Trade Promotion Authority Act of 2002'' and
inserting ``section 106(a)(1) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015''.
(7) Transmission of agreements to congress.--Section 162(a)
of the Trade Act of 1974 (19 U.S.C. 2212(a)) is amended by
striking ``section 2103 of the Bipartisan Trade Promotion
Authority Act of 2002'' and inserting ``section 103 of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015''.
(b) Application of Certain Provisions.--For purposes of
applying sections 125, 126, and 127 of the Trade Act of 1974
(19 U.S.C. 2135, 2136, and 2137)--
(1) any trade agreement entered into under section 103
shall be treated as an agreement entered into under section
101 or 102 of the Trade Act of 1974 (19 U.S.C. 2111 or 2112),
as appropriate; and
(2) any proclamation or Executive order issued pursuant to
a trade agreement entered into under section 103 shall be
treated as a proclamation or Executive order issued pursuant
to a trade agreement entered into under section 102 of the
Trade Act of 1974 (19 U.S.C. 2112).
SEC. 111. DEFINITIONS.
In this title:
(1) Agreement on agriculture.--The term ``Agreement on
Agriculture'' means the agreement referred to in section
101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).
(2) Agreement on safeguards.--The term ``Agreement on
Safeguards'' means the agreement referred to in section
101(d)(13) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(13)).
(3) Agreement on subsidies and countervailing measures.--
The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement referred to in section
101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(12)).
(4) Antidumping agreement.--The term ``Antidumping
Agreement'' means the Agreement on Implementation of Article
VI of the General Agreement on Tariffs and Trade 1994
referred to in section 101(d)(7) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(7)).
(5) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(6) Common multilateral environmental agreement.--
(A) In general.--The term ``common multilateral
environmental agreement'' means any agreement specified in
subparagraph (B) or included under subparagraph (C) to which
both the United States and one or more other parties to the
negotiations are full parties, including any current or
future mutually agreed upon protocols, amendments, annexes,
or adjustments to such an agreement.
(B) Agreements specified.--The agreements specified in this
subparagraph are the following:
(i) The Convention on International Trade in Endangered
Species of Wild Fauna and Flora, done at Washington March 3,
1973 (27 UST 1087; TIAS 8249).
(ii) The Montreal Protocol on Substances that Deplete the
Ozone Layer, done at Montreal September 16, 1987.
(iii) The Protocol of 1978 Relating to the International
Convention for the Prevention of Pollution from Ships, 1973,
done at London February 17, 1978.
(iv) The Convention on Wetlands of International Importance
Especially as Waterfowl Habitat, done at Ramsar February 2,
1971 (TIAS 11084).
(v) The Convention on the Conservation of Antarctic Marine
Living Resources, done at Canberra May 20, 1980 (33 UST
3476).
(vi) The International Convention for the Regulation of
Whaling, done at Washington December 2, 1946 (62 Stat. 1716).
(vii) The Convention for the Establishment of an Inter-
American Tropical Tuna Commission, done at Washington May 31,
1949 (1 UST 230).
(C) Additional agreements.--Both the United States and one
or more other parties to the negotiations may agree to
include any other multilateral environmental or conservation
agreement to which they are full parties as a common
multilateral environmental agreement under this paragraph.
(7) Core labor standards.--The term ``core labor
standards'' means--
(A) freedom of association;
(B) the effective recognition of the right to collective
bargaining;
(C) the elimination of all forms of forced or compulsory
labor;
(D) the effective abolition of child labor and a
prohibition on the worst forms of child labor; and
(E) the elimination of discrimination in respect of
employment and occupation.
(8) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules
and Procedures Governing the Settlement of Disputes referred
to in section 101(d)(16) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(16)).
(9) Enabling clause.--The term ``Enabling Clause'' means
the Decision on Differential and More Favourable Treatment,
Reciprocity and Fuller Participation of Developing Countries
(L/4903), adopted November 28, 1979, under GATT 1947 (as
defined in section 2 of the Uruguay Round Agreements Act (19
U.S.C. 3501)).
(10) Environmental laws.--The term ``environmental laws'',
with respect to the laws of the United States, means
environmental statutes and regulations enforceable by action
of the Federal Government.
(11) GATT 1994.--The term ``GATT 1994'' has the meaning
given that term in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501).
(12) General agreement on trade in services.--The term
``General Agreement on Trade in Services'' means the General
Agreement on Trade in Services (referred to in section
101(d)(14) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(14))).
(13) Government procurement agreement.--The term
``Government Procurement Agreement'' means the Agreement on
Government Procurement referred to in section 101(d)(17) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).
(14) ILO.--The term ``ILO'' means the International Labor
Organization.
(15) Import sensitive agricultural product.--The term
``import sensitive agricultural product'' means an
agricultural product--
(A) with respect to which, as a result of the Uruguay Round
Agreements, the rate of duty was the subject of tariff
reductions by the United States and, pursuant to such
Agreements, was reduced on January 1, 1995, to a rate that
was not less than 97.5 percent of the rate of duty that
applied to such article on December 31, 1994; or
(B) which was subject to a tariff rate quota on the date of
the enactment of this Act.
(16) Information technology agreement.--The term
``Information Technology Agreement'' means the Ministerial
Declaration on Trade in Information Technology Products of
the World Trade Organization, agreed to at Singapore December
13, 1996.
(17) Internationally recognized core labor standards.--The
term ``internationally recognized core labor standards''
means the core labor standards only as stated in the ILO
Declaration on Fundamental Principles and Rights at Work and
its Follow-Up (1998).
(18) Labor laws.--The term ``labor laws'' means the
statutes and regulations, or provisions thereof, of a party
to the negotiations that are directly related to core labor
standards as well as other labor protections for children and
minors and acceptable conditions of work with respect to
minimum wages, hours of work, and occupational safety and
health, and for the United States, includes Federal statutes
and regulations addressing those standards, protections, or
conditions, but does not include State or local labor laws.
(19) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) a partnership, corporation, or other legal entity that
is organized under the laws of the United States; and
[[Page H7284]]
(C) a partnership, corporation, or other legal entity that
is organized under the laws of a foreign country and is
controlled by entities described in subparagraph (B) or
United States citizens, or both.
(20) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given that term in section 2(7)
of the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
(21) World trade organization; wto.--The terms ``World
Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.
(22) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
(23) WTO member.--The term ``WTO member'' has the meaning
given that term in section 2(10) of the Uruguay Round
Agreements Act (19 U.S.C. 3501(10)).
TITLE II--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Trade Adjustment
Assistance Reauthorization Act of 2015''.
SEC. 202. APPLICATION OF PROVISIONS RELATING TO TRADE
ADJUSTMENT ASSISTANCE.
(a) Repeal of Snapback.--Section 233 of the Trade
Adjustment Assistance Extension Act of 2011 (Public Law 112-
40; 125 Stat. 416) is repealed.
(b) Applicability of Certain Provisions.--Except as
otherwise provided in this title, the provisions of chapters
2 through 6 of title II of the Trade Act of 1974, as in
effect on December 31, 2013, and as amended by this title,
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to petitions for certification filed under
chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or
after such date of enactment.
(c) References.--Except as otherwise provided in this
title, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
provision of chapters 2 through 6 of title II of the Trade
Act of 1974, the reference shall be considered to be made to
a provision of any such chapter, as in effect on December 31,
2013.
SEC. 203. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE PROGRAM.
(a) Extension of Termination Provisions.--Section 285 of
the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by
striking ``December 31, 2013'' each place it appears and
inserting ``June 30, 2021''.
(b) Training Funds.--Section 236(a)(2)(A) of the Trade Act
of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking
``shall not exceed'' and all that follows and inserting
``shall not exceed $450,000,000 for each of fiscal years 2015
through 2021.''.
(c) Reemployment Trade Adjustment Assistance.--Section
246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) is
amended by striking ``December 31, 2013'' and inserting
``June 30, 2021''.
(d) Authorizations of Appropriations.--
(1) Trade adjustment assistance for workers.--Section
245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is
amended by striking ``December 31, 2013'' and inserting
``June 30, 2021''.
(2) Trade adjustment assistance for firms.--Section 255(a)
of the Trade Act of 1974 (19 U.S.C. 2345(a)) is amended by
striking ``fiscal years 2012 and 2013'' and all that follows
through ``December 31, 2013'' and inserting ``fiscal years
2015 through 2021''.
(3) Trade adjustment assistance for farmers.--Section
298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is
amended by striking ``fiscal years 2012 and 2013'' and all
that follows through ``December 31, 2013'' and inserting
``fiscal years 2015 through 2021''.
SEC. 204. PERFORMANCE MEASUREMENT AND REPORTING.
(a) Performance Measures.--Section 239(j) of the Trade Act
of 1974 (19 U.S.C. 2311(j)) is amended--
(1) in the subsection heading, by striking ``Data
Reporting'' and inserting ``Performance Measures'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``a quarterly'' and inserting ``an
annual''; and
(ii) by striking ``data'' and inserting ``measures'';
(B) in subparagraph (A), by striking ``core'' and inserting
``primary''; and
(C) in subparagraph (C), by inserting ``that promote
efficiency and effectiveness'' after ``assistance program'';
(3) in paragraph (2)--
(A) in the paragraph heading, by striking ``Core indicators
described'' and inserting ``Indicators of performance''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) Primary indicators of performance described.--
``(i) In general.--The primary indicators of performance
referred to in paragraph (1)(A) shall consist of--
``(I) the percentage and number of workers who received
benefits under the trade adjustment assistance program who
are in unsubsidized employment during the second calendar
quarter after exit from the program;
``(II) the percentage and number of workers who received
benefits under the trade adjustment assistance program and
who are in unsubsidized employment during the fourth calendar
quarter after exit from the program;
``(III) the median earnings of workers described in
subclause (I);
``(IV) the percentage and number of workers who received
benefits under the trade adjustment assistance program who,
subject to clause (ii), obtain a recognized postsecondary
credential or a secondary school diploma or its recognized
equivalent, during participation in the program or within one
year after exit from the program; and
``(V) the percentage and number of workers who received
benefits under the trade adjustment assistance program who,
during a year while receiving such benefits, are in an
education or training program that leads to a recognized
postsecondary credential or employment and who are achieving
measurable gains in skills toward such a credential or
employment.
``(ii) Indicator relating to credential.--For purposes of
clause (i)(IV), a worker who received benefits under the
trade adjustment assistance program who obtained a secondary
school diploma or its recognized equivalent shall be included
in the percentage counted for purposes of that clause only if
the worker, in addition to obtaining such a diploma or its
recognized equivalent, has obtained or retained employment or
is in an education or training program leading to a
recognized postsecondary credential within one year after
exit from the program.'';
(4) in paragraph (3)--
(A) in the paragraph heading, by striking ``data'' and
inserting ``measures'';
(B) by striking ``quarterly'' and inserting ``annual''; and
(C) by striking ``data'' and inserting ``measures''; and
(5) by adding at the end the following:
``(4) Accessibility of state performance reports.--The
Secretary shall, on an annual basis, make available
(including by electronic means), in an easily understandable
format, the reports of cooperating States or cooperating
State agencies required by paragraph (1) and the information
contained in those reports.''.
(b) Collection and Publication of Data.--Section 249B of
the Trade Act of 1974 (19 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A), by striking ``enrolled in'' and
inserting ``who received'';
(ii) in subparagraph (B)--
(I) by striking ``complete'' and inserting ``exited''; and
(II) by striking ``who were enrolled in'' and inserting ``,
including who received'';
(iii) in subparagraph (E), by striking ``complete'' and
inserting ``exited'';
(iv) in subparagraph (F), by striking ``complete'' and
inserting ``exit''; and
(v) by adding at the end the following:
``(G) The average cost per worker of receiving training
approved under section 236.
``(H) The percentage of workers who received training
approved under section 236 and obtained unsubsidized
employment in a field related to that training.''; and
(B) in paragraph (4)--
(i) in subparagraphs (A) and (B), by striking ``quarterly''
each place it appears and inserting ``annual''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) The median earnings of workers described in section
239(j)(2)(A)(i)(III) during the second calendar quarter after
exit from the program, expressed as a percentage of the
median earnings of such workers before the calendar quarter
in which such workers began receiving benefits under this
chapter.''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(ii) by inserting after subparagraph (A) the following:
``(B) the reports required under section 239(j);''; and
(B) in paragraph (2), by striking ``a quarterly'' and
inserting ``an annual''.
(c) Recognized Postsecondary Credential Defined.--Section
247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended by
adding at the end the following:
``(19) The term `recognized postsecondary credential' means
a credential consisting of an industry-recognized certificate
or certification, a certificate of completion of an
apprenticeship, a license recognized by a State or the
Federal Government, or an associate or baccalaureate
degree.''.
SEC. 205. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE
PROVISIONS.
(a) Trade Adjustment Assistance for Workers.--
(1) Petitions filed on or after january 1, 2014, and before
date of enactment.--
(A) Certifications of workers not certified before date of
enactment.--
(i) Criteria if a determination has not been made.--If, as
of the date of the enactment of this Act, the Secretary of
Labor has not made a determination with respect to whether to
certify a group of workers as eligible to apply for
adjustment assistance under section 222 of the Trade Act of
1974 pursuant to a petition described in clause (iii), the
Secretary shall make that determination based on the
requirements of section 222 of the Trade Act of 1974, as in
effect on such date of enactment.
(ii) Reconsideration of denials of certifications.--If,
before the date of the enactment of this Act, the Secretary
made a determination not to certify a group of workers as
eligible to apply for adjustment assistance under section 222
of the Trade Act of 1974 pursuant to a petition described in
clause (iii), the Secretary shall--
(I) reconsider that determination; and
(II) if the group of workers meets the requirements of
section 222 of the Trade Act of 1974, as in effect on such
date of enactment, certify the group of workers as eligible
to apply for adjustment assistance.
[[Page H7285]]
(iii) Petition described.--A petition described in this
clause is a petition for a certification of eligibility for a
group of workers filed under section 221 of the Trade Act of
1974 on or after January 1, 2014, and before the date of the
enactment of this Act.
(B) Eligibility for benefits.--
(i) In general.--Except as provided in clause (ii), a
worker certified as eligible to apply for adjustment
assistance under section 222 of the Trade Act of 1974
pursuant to a petition described in subparagraph (A)(iii)
shall be eligible, on and after the date that is 90 days
after the date of the enactment of this Act, to receive
benefits only under the provisions of chapter 2 of title II
of the Trade Act of 1974, as in effect on such date of
enactment.
(ii) Computation of maximum benefits.--Benefits received by
a worker described in clause (i) under chapter 2 of title II
of the Trade Act of 1974 before the date of the enactment of
this Act shall be included in any determination of the
maximum benefits for which the worker is eligible under the
provisions of chapter 2 of title II of the Trade Act of 1974,
as in effect on the date of the enactment of this Act.
(2) Petitions filed before january 1, 2014.--A worker
certified as eligible to apply for adjustment assistance
pursuant to a petition filed under section 221 of the Trade
Act of 1974 on or before December 31, 2013, shall continue to
be eligible to apply for and receive benefits under the
provisions of chapter 2 of title II of such Act, as in effect
on December 31, 2013.
(3) Qualifying separations with respect to petitions filed
within 90 days of date of enactment.--Section 223(b) of the
Trade Act of 1974, as in effect on the date of the enactment
of this Act, shall be applied and administered by
substituting ``before January 1, 2014'' for ``more than one
year before the date of the petition on which such
certification was granted'' for purposes of determining
whether a worker is eligible to apply for adjustment
assistance pursuant to a petition filed under section 221 of
the Trade Act of 1974 on or after the date of the enactment
of this Act and on or before the date that is 90 days after
such date of enactment.
(b) Trade Adjustment Assistance for Firms.--
(1) Certification of firms not certified before date of
enactment.--
(A) Criteria if a determination has not been made.--If, as
of the date of the enactment of this Act, the Secretary of
Commerce has not made a determination with respect to whether
to certify a firm as eligible to apply for adjustment
assistance under section 251 of the Trade Act of 1974
pursuant to a petition described in subparagraph (C), the
Secretary shall make that determination based on the
requirements of section 251 of the Trade Act of 1974, as in
effect on such date of enactment.
(B) Reconsideration of denial of certain petitions.--If,
before the date of the enactment of this Act, the Secretary
made a determination not to certify a firm as eligible to
apply for adjustment assistance under section 251 of the
Trade Act of 1974 pursuant to a petition described in
subparagraph (C), the Secretary shall--
(i) reconsider that determination; and
(ii) if the firm meets the requirements of section 251 of
the Trade Act of 1974, as in effect on such date of
enactment, certify the firm as eligible to apply for
adjustment assistance.
(C) Petition described.--A petition described in this
subparagraph is a petition for a certification of eligibility
filed by a firm or its representative under section 251 of
the Trade Act of 1974 on or after January 1, 2014, and before
the date of the enactment of this Act.
(2) Certification of firms that did not submit petitions
between january 1, 2014, and date of enactment.--
(A) In general.--The Secretary of Commerce shall certify a
firm described in subparagraph (B) as eligible to apply for
adjustment assistance under section 251 of the Trade Act of
1974, as in effect on the date of the enactment of this Act,
if the firm or its representative files a petition for a
certification of eligibility under section 251 of the Trade
Act of 1974 not later than 90 days after such date of
enactment.
(B) Firm described.--A firm described in this subparagraph
is a firm that the Secretary determines would have been
certified as eligible to apply for adjustment assistance if--
(i) the firm or its representative had filed a petition for
a certification of eligibility under section 251 of the Trade
Act of 1974 on a date during the period beginning on January
1, 2014, and ending on the day before the date of the
enactment of this Act; and
(ii) the provisions of chapter 3 of title II of the Trade
Act of 1974, as in effect on such date of enactment, had been
in effect on that date during the period described in clause
(i).
SEC. 206. SUNSET PROVISIONS.
(a) Application of Prior Law.--Subject to subsection (b),
beginning on July 1, 2021, the provisions of chapters 2, 3,
5, and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271
et seq.), as in effect on January 1, 2014, shall be in effect
and apply, except that in applying and administering such
chapters--
(1) paragraph (1) of section 231(c) of that Act shall be
applied and administered as if subparagraphs (A), (B), and
(C) of that paragraph were not in effect;
(2) section 233 of that Act shall be applied and
administered--
(A) in subsection (a)--
(i) in paragraph (2), by substituting ``104-week period''
for ``104-week period'' and all that follows through ``130-
week period)''; and
(ii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by
substituting ``65'' for ``52''; and
(II) by substituting ``78-week period'' for ``52-week
period'' each place it appears; and
(B) by applying and administering subsection (g) as if it
read as follows:
``(g) Payment of Trade Readjustment Allowances To Complete
Training.--Notwithstanding any other provision of this
section, in order to assist an adversely affected worker to
complete training approved for the worker under section 236
that leads to the completion of a degree or industry-
recognized credential, payments may be made as trade
readjustment allowances for not more than 13 weeks within
such period of eligibility as the Secretary may prescribe to
account for a break in training or for justifiable cause that
follows the last week for which the worker is otherwise
entitled to a trade readjustment allowance under this chapter
if--
``(1) payment of the trade readjustment allowance for not
more than 13 weeks is necessary for the worker to complete
the training;
``(2) the worker participates in training in each such
week; and
``(3) the worker--
``(A) has substantially met the performance benchmarks
established as part of the training approved for the worker;
``(B) is expected to continue to make progress toward the
completion of the training; and
``(C) will complete the training during that period of
eligibility.'';
(3) section 245(a) of that Act shall be applied and
administered by substituting ``June 30, 2022'' for ``December
31, 2007'';
(4) section 246(b)(1) of that Act shall be applied and
administered by substituting ``June 30, 2022'' for ``the date
that is 5 years'' and all that follows through ``State'';
(5) section 256(b) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on
July 1, 2021'' for ``each of fiscal years 2003 through 2007,
and $4,000,000 for the 3-month period beginning on October 1,
2007'';
(6) section 298(a) of that Act shall be applied and
administered by substituting ``the 1-year period beginning on
July 1, 2021'' for ``each of the fiscal years'' and all that
follows through ``October 1, 2007''; and
(7) section 285 of that Act shall be applied and
administered--
(A) in subsection (a), by substituting ``June 30, 2022''
for ``December 31, 2007'' each place it appears; and
(B) by applying and administering subsection (b) as if it
read as follows:
``(b) Other Assistance.--
``(1) Assistance for firms.--
``(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 3 after June 30,
2022.
``(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 3 pursuant to a petition
filed under section 251 on or before June 30, 2022, may be
provided--
``(i) to the extent funds are available pursuant to such
chapter for such purpose; and
``(ii) to the extent the recipient of the assistance is
otherwise eligible to receive such assistance.
``(2) Farmers.--
``(A) In general.--Except as provided in subparagraph (B),
assistance may not be provided under chapter 6 after June 30,
2022.
``(B) Exception.--Notwithstanding subparagraph (A), any
assistance approved under chapter 6 on or before June 30,
2022, may be provided--
``(i) to the extent funds are available pursuant to such
chapter for such purpose; and
``(ii) to the extent the recipient of the assistance is
otherwise eligible to receive such assistance.''.
(b) Exceptions.--The provisions of chapters 2, 3, 5, and 6
of title II of the Trade Act of 1974, as in effect on the
date of the enactment of this Act, shall continue to apply on
and after July 1, 2021, with respect to--
(1) workers certified as eligible for trade adjustment
assistance benefits under chapter 2 of title II of that Act
pursuant to petitions filed under section 221 of that Act
before July 1, 2021;
(2) firms certified as eligible for technical assistance or
grants under chapter 3 of title II of that Act pursuant to
petitions filed under section 251 of that Act before July 1,
2021; and
(3) agricultural commodity producers certified as eligible
for technical or financial assistance under chapter 6 of
title II of that Act pursuant to petitions filed under
section 292 of that Act before July 1, 2021.
SEC. 207. EXTENSION AND MODIFICATION OF HEALTH COVERAGE TAX
CREDIT.
(a) Extension.--Subparagraph (B) of section 35(b)(1) of the
Internal Revenue Code of 1986 is amended by striking ``before
January 1, 2014'' and inserting ``before January 1, 2020''.
(b) Coordination With Credit for Coverage Under a Qualified
Health Plan.--Subsection (g) of section 35 of the Internal
Revenue Code of 1986 is amended--
(1) by redesignating paragraph (11) as paragraph (13), and
(2) by inserting after paragraph (10) the following new
paragraphs:
``(11) Election.--
``(A) In general.--This section shall not apply to any
taxpayer for any eligible coverage month unless such taxpayer
elects the application of this section for such month.
``(B) Timing and applicability of election.--Except as the
Secretary may provide--
``(i) an election to have this section apply for any
eligible coverage month in a taxable year shall be made not
later than the due date (including extensions) for the return
of tax for the taxable year, and
``(ii) any election for this section to apply for an
eligible coverage month shall apply for all subsequent
eligible coverage months in the taxable year and, once made,
shall be irrevocable with respect to such months.
``(12) Coordination with premium tax credit.--
[[Page H7286]]
``(A) In general.--An eligible coverage month to which the
election under paragraph (11) applies shall not be treated as
a coverage month (as defined in section 36B(c)(2)) for
purposes of section 36B with respect to the taxpayer.
``(B) Coordination with advance payments of premium tax
credit.--In the case of a taxpayer who makes the election
under paragraph (11) with respect to any eligible coverage
month in a taxable year or on behalf of whom any advance
payment is made under section 7527 with respect to any month
in such taxable year--
``(i) the tax imposed by this chapter for the taxable year
shall be increased by the excess, if any, of--
``(I) the sum of any advance payments made on behalf of the
taxpayer under section 1412 of the Patient Protection and
Affordable Care Act and section 7527 for months during such
taxable year, over
``(II) the sum of the credits allowed under this section
(determined without regard to paragraph (1)) and section 36B
(determined without regard to subsection (f)(1) thereof) for
such taxable year, and
``(ii) section 36B(f)(2) shall not apply with respect to
such taxpayer for such taxable year, except that if such
taxpayer received any advance payments under section 7527 for
any month in such taxable year and is later allowed a credit
under section 36B for such taxable year, then section
36B(f)(2)(B) shall be applied by substituting the amount
determined under clause (i) for the amount determined under
section 36B(f)(2)(A).''.
(c) Extension of Advance Payment Program.--
(1) In general.--Subsection (a) of section 7527 of the
Internal Revenue Code of 1986 is amended by striking ``August
1, 2003'' and inserting ``the date that is 1 year after the
date of the enactment of the Trade Adjustment Assistance
Reauthorization Act of 2015''.
(2) Conforming amendment.--Paragraph (1) of section 7527(e)
of such Code is amended by striking ``occurring'' and all
that follows and inserting ``occurring--
``(A) after the date that is 1 year after the date of the
enactment of the Trade Adjustment Assistance Reauthorization
Act of 2015, and
``(B) prior to the first month for which an advance payment
is made on behalf of such individual under subsection (a).''.
(d) Individual Insurance Treated as Qualified Health
Insurance Without Regard to Enrollment Date.--
(1) In general.--Subparagraph (J) of section 35(e)(1) of
the Internal Revenue Code of 1986 is amended by striking
``insurance if the eligible individual'' and all that follows
through ``For purposes of'' and inserting ``insurance. For
purposes of''.
(2) Special rule.--Subparagraph (J) of section 35(e)(1) of
such Code, as amended by paragraph (1), is amended by
striking ``insurance.'' and inserting ``insurance (other than
coverage enrolled in through an Exchange established under
the Patient Protection and Affordable Care Act).''.
(e) Conforming Amendment.--Subsection (m) of section 6501
of the Internal Revenue Code of 1986 is amended by inserting
``, 35(g)(11)'' after ``30D(e)(4)''.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to coverage
months in taxable years beginning after December 31, 2013.
(2) Plans available on individual market for use of tax
credit.--The amendment made by subsection (d)(2) shall apply
to coverage months in taxable years beginning after December
31, 2015.
(3) Transition rule.--Notwithstanding section
35(g)(11)(B)(i) of the Internal Revenue Code of 1986 (as
added by this title), an election to apply section 35 of such
Code to an eligible coverage month (as defined in section
35(b) of such Code) (and not to claim the credit under
section 36B of such Code with respect to such month) in a
taxable year beginning after December 31, 2013, and before
the date of the enactment of this Act--
(A) may be made at any time on or after such date of
enactment and before the expiration of the 3-year period of
limitation prescribed in section 6511(a) with respect to such
taxable year; and
(B) may be made on an amended return.
(g) Agency Outreach.--As soon as possible after the date of
the enactment of this Act, the Secretaries of the Treasury,
Health and Human Services, and Labor (or such Secretaries'
delegates) and the Director of the Pension Benefit Guaranty
Corporation (or the Director's delegate) shall carry out
programs of public outreach, including on the Internet, to
inform potential eligible individuals (as defined in section
35(c)(1) of the Internal Revenue Code of 1986) of the
extension of the credit under section 35 of the Internal
Revenue Code of 1986 and the availability of the election to
claim such credit retroactively for coverage months beginning
after December 31, 2013.
SEC. 208. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(j)(3)) is amended--
(1) in subparagraph (B)(i), by striking ``September 30,
2024'' and inserting ``September 30, 2025''; and
(2) by adding at the end the following:
``(D) Fees may be charged under paragraphs (9) and (10) of
subsection (a) during the period beginning on July 29, 2025,
and ending on September 30, 2025.''.
(b) Rate for Merchandise Processing Fees.--Section 503 of
the United States-Korea Free Trade Agreement Implementation
Act (Public Law 112-41; 125 Stat. 460) is amended by adding
at the end the following:
``(c) Further Additional Period.--For the period beginning
on July 15, 2025, and ending on September 30, 2025, section
13031(a)(9) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(a)(9)) shall be applied and
administered--
``(1) in subparagraph (A), by substituting `0.3464' for
`0.21'; and
``(2) in subparagraph (B)(i), by substituting `0.3464' for
`0.21'.''.
SEC. 209. CHILD TAX CREDIT NOT REFUNDABLE FOR TAXPAYERS
ELECTING TO EXCLUDE FOREIGN EARNED INCOME FROM
TAX.
(a) In General.--Section 24(d) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
``(5) Exception for taxpayers excluding foreign earned
income.--Paragraph (1) shall not apply to any taxpayer for
any taxable year if such taxpayer elects to exclude any
amount from gross income under section 911 for such taxable
year.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2014.
SEC. 210. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Notwithstanding section 6655 of the Internal Revenue Code
of 1986, in the case of a corporation with assets of not less
than $1,000,000,000 (determined as of the end of the
preceding taxable year)--
(1) the amount of any required installment of corporate
estimated tax which is otherwise due in July, August, or
September of 2020 shall be increased by 2.75 percent of such
amount (determined without regard to any increase in such
amount not contained in such Code); and
(2) the amount of the next required installment after an
installment referred to in paragraph (1) shall be
appropriately reduced to reflect the amount of the increase
by reason of such paragraph.
SEC. 211. COVERAGE AND PAYMENT FOR RENAL DIALYSIS SERVICES
FOR INDIVIDUALS WITH ACUTE KIDNEY INJURY.
(a) Coverage.--Section 1861(s)(2)(F) of the Social Security
Act (42 U.S.C. 1395x(s)(2)(F)) is amended by inserting before
the semicolon the following: ``, including such renal
dialysis services furnished on or after January 1, 2017, by a
renal dialysis facility or provider of services paid under
section 1881(b)(14) to an individual with acute kidney injury
(as defined in section 1834(r)(2))''.
(b) Payment.--Section 1834 of the Social Security Act (42
U.S.C. 1395m) is amended by adding at the end the following
new subsection:
``(r) Payment for Renal Dialysis Services for Individuals
With Acute Kidney Injury.--
``(1) Payment rate.--In the case of renal dialysis services
(as defined in subparagraph (B) of section 1881(b)(14))
furnished under this part by a renal dialysis facility or
provider of services paid under such section during a year
(beginning with 2017) to an individual with acute kidney
injury (as defined in paragraph (2)), the amount of payment
under this part for such services shall be the base rate for
renal dialysis services determined for such year under such
section, as adjusted by any applicable geographic adjustment
factor applied under subparagraph (D)(iv)(II) of such section
and may be adjusted by the Secretary (on a budget neutral
basis for payments under this paragraph) by any other
adjustment factor under subparagraph (D) of such section.
``(2) Individual with acute kidney injury defined.--In this
subsection, the term `individual with acute kidney injury'
means an individual who has acute loss of renal function and
does not receive renal dialysis services for which payment is
made under section 1881(b)(14).''.
SEC. 212. MODIFICATION OF THE MEDICARE SEQUESTER FOR FISCAL
YEAR 2024.
Section 251A(6)(D)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a(6)(D)(ii)) is
amended by striking ``0.0 percent'' and inserting ``0.25
percent''.
Motion Offered by Mr. Rogers of Kentucky
Mr. ROGERS of Kentucky. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Rogers of Kentucky moves that the House concur in the
Senate amendment to H.R. 1314 with the amendment printed in
part A of House Report 114-315 modified by the amendment
printed in part B of that report.
The text of the House amendment to the Senate amendment to the text
is as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Budget Act of 2015''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--BUDGET ENFORCEMENT
Sec. 101. Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 102. Authority for fiscal year 2017 budget resolution in the
Senate.
TITLE II--AGRICULTURE
Sec. 201. Standard Reinsurance Agreement.
TITLE III--COMMERCE
Sec. 301. Debt collection improvements.
TITLE IV--STRATEGIC PETROLEUM RESERVE
Sec. 401. Strategic Petroleum Reserve test drawdown and sale
notification and definition change.
[[Page H7287]]
Sec. 402. Strategic Petroleum Reserve mission readiness optimization.
Sec. 403. Strategic Petroleum Reserve drawdown and sale.
Sec. 404. Energy Security and Infrastructure Modernization Fund.
TITLE V--PENSIONS
Sec. 501. Single employer plan annual premium rates.
Sec. 502. Pension Payment Acceleration.
Sec. 503. Mortality tables.
Sec. 504. Extension of current funding stabilization percentages to
2018, 2019, and 2020.
TITLE VI--HEALTH CARE
Sec. 601. Maintaining 2016 Medicare part B premium and deductible
levels consistent with actuarially fair rates.
Sec. 602. Applying the Medicaid additional rebate requirement to
generic drugs.
Sec. 603. Treatment of off-campus outpatient departments of a provider.
Sec. 604. Repeal of automatic enrollment requirement.
TITLE VII--JUDICIARY
Sec. 701. Civil monetary penalty inflation adjustments.
Sec. 702. Crime Victims Fund.
Sec. 703. Assets Forfeiture Fund.
TITLE VIII--SOCIAL SECURITY
Sec. 801. Short title.
Subtitle A--Ensuring Correct Payments and Reducing Fraud
Sec. 811. Expansion of cooperative disability investigations units.
Sec. 812. Exclusion of certain medical sources of evidence.
Sec. 813. New and stronger penalties.
Sec. 814. References to Social Security and Medicare in electronic
communications.
Sec. 815. Change to cap adjustment authority.
Subtitle B--Promoting Opportunity for Disability Beneficiaries
Sec. 821. Temporary reauthorization of disability insurance
demonstration project authority.
Sec. 822. Modification of demonstration project authority.
Sec. 823. Promoting opportunity demonstration project.
Sec. 824. Use of electronic payroll data to improve program
administration.
Sec. 825. Treatment of earnings derived from services.
Sec. 826. Electronic reporting of earnings.
Subtitle C--Protecting Social Security Benefits
Sec. 831. Closure of unintended loopholes.
Sec. 832. Requirement for medical review.
Sec. 833. Reallocation of payroll tax revenue.
Sec. 834. Access to financial information for waivers and adjustments
of recovery.
Subtitle D--Relieving Administrative Burdens and Miscellaneous
Provisions
Sec. 841. Interagency coordination to improve program administration.
Sec. 842. Elimination of quinquennial determinations relating to wage
credits for military service prior to 1957.
Sec. 843. Certification of benefits payable to a divorced spouse of a
railroad worker to the Railroad Retirement Board.
Sec. 844. Technical amendments to eliminate obsolete provisions.
Sec. 845. Reporting requirements to Congress.
Sec. 846. Expedited examination of administrative law judges.
TITLE IX--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
Sec. 901. Temporary extension of public debt limit.
Sec. 902. Restoring congressional authority over the national debt.
TITLE X--SPECTRUM PIPELINE
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Rule of construction.
Sec. 1004. Identification, reallocation, and auction of Federal
spectrum.
Sec. 1005. Additional uses of Spectrum Relocation Fund.
Sec. 1006. Plans for auction of certain spectrum.
Sec. 1007. FCC auction authority.
Sec. 1008. Reports to Congress.
TITLE XI--REVENUE PROVISIONS RELATED TO TAX COMPLIANCE
Sec. 1101. Partnership audits and adjustments.
Sec. 1102. Partnership interests created by gift.
TITLE XII--DESIGNATION OF SMALL HOUSE ROTUNDA
Sec. 1201. Designating small House rotunda as ``Freedom Foyer''.
TITLE I--BUDGET ENFORCEMENT
SEC. 101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
(a) Revised Discretionary Spending Limits.--Section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(c)) is amended by striking paragraphs (3)
and (4) and inserting the following:
``(3) for fiscal year 2016--
``(A) for the revised security category, $548,091,000,000
in new budget authority; and
``(B) for the revised nonsecurity category $518,491,000,000
in new budget authority;
``(4) for fiscal year 2017--
``(A) for the revised security category, $551,068,000,000
in new budget authority; and
``(B) for the revised nonsecurity category,
$518,531,000,000 in new budget authority;''.
(b) Direct Spending Adjustments for Fiscal Years 2016 and
2017.--Section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a), is amended--
(1) in paragraph (5)(B), by striking ``paragraph (10)'' and
inserting ``paragraphs (10) and (11)''; and
(2) by adding at the end the following:
``(11) Implementing direct spending reductions for fiscal
years 2016 and 2017.--(A) OMB shall make the calculations
necessary to implement the direct spending reductions
calculated pursuant to paragraphs (3) and (4) without regard
to the amendment made to section 251(c) revising the
discretionary spending limits for fiscal years 2016 and 2017
by the Bipartisan Budget Act of 2015.
``(B) Paragraph (5)(B) shall not be implemented for fiscal
years 2016 and 2017.''.
(c) Extension of Direct Spending Reductions for Fiscal Year
2025.--Section 251A(6) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``and for fiscal year 2024'' and by
inserting ``for fiscal year 2024, and for fiscal year 2025'';
(2) by striking subparagraph (C) and redesignating
subparagraph (D) as subparagraph (C); and
(3) in subparagraph (C) (as so redesignated), by striking
``fiscal year 2024'' and inserting ``fiscal year 2025''.
(d) Overseas Contingency Operations Amounts.--In fiscal
years 2016 and 2017, the adjustments under section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)) for Overseas
Contingency Operations/Global War on Terrorism appropriations
will be as follows:
(1) For budget function 150--
(A) for fiscal year 2016, $14,895,000,000; and
(B) for fiscal year 2017, $14,895,000,000.
(2) For budget function 050--
(A) for fiscal year 2016, $58,798,000,000; and
(B) for fiscal year 2017, $58,798,000,000.
This subsection shall not affect the applicability of
section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 102. AUTHORITY FOR FISCAL YEAR 2017 BUDGET RESOLUTION IN
THE SENATE.
(a) Fiscal Year 2017.--For the purpose of enforcing the
Congressional Budget Act of 1974, after April 15, 2016, and
enforcing budgetary points of order in prior concurrent
resolutions on the budget, the allocations, aggregates, and
levels provided for in subsection (b) shall apply in the
Senate in the same manner as for a concurrent resolution on
the budget for fiscal year 2017 with appropriate budgetary
levels for fiscal years 2018 through 2026.
(b) Committee Allocations, Aggregates, and Levels.--After
April 15, 2016, but not later than May 15, 2016, the Chairman
of the Committee on the Budget of the Senate shall file--
(1) for the Committee on Appropriations, committee
allocations for fiscal year 2017 consistent with
discretionary spending limits set forth in section 251(c)(4)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended by this Act, for the purpose of enforcing
section 302 of the Congressional Budget Act of 1974;
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years 2017,
2017 through 2021, and 2017 through 2026 consistent with the
most recent baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
is issued and ending on the date of submission of such
statement, for the purpose of enforcing section 302 of the
Congressional Budget Act of 1974;
(3) aggregate spending levels for fiscal year 2017 in
accordance with the allocations established under paragraphs
(1) and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974;
(4) aggregate revenue levels for fiscal years 2017, 2017
through 2021, and 2017 through 2026 consistent with the most
recent baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
is issued and ending on the date of submission of such
statement, for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974; and
(5) levels of Social Security revenues and outlays for
fiscal years 2017, 2017 through 2021, and 2017 through 2026
consistent with the most recent baseline of the Congressional
Budget Office, as adjusted for the budgetary effects of any
provision of law enacted during the period beginning on the
date such baseline is issued and ending on the date of
submission of such statement, for the purpose of enforcing
sections 302 and 311 of the Congressional Budget Act of 1974.
(c) Additional Matter.--The filing referred to in
subsection (b) may also include for fiscal year 2017 the
matter contained in subtitles A and B of title IV of S. Con.
Res. 11 (114th Congress) updated by 1 fiscal year.
[[Page H7288]]
(d) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2017 is agreed to by
the Senate and the House of Representatives pursuant to
section 301 of the Congressional Budget Act of 1974.
TITLE II--AGRICULTURE
SEC. 201. STANDARD REINSURANCE AGREEMENT.
Section 508(k)(8) of the Federal Crop Insurance Act (7
U.S.C. 1508(k)(8)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``may renegotiate'' and all that follows
through the end of clause (ii) and inserting the following:
``shall renegotiate the financial terms and conditions of
each Standard Reinsurance Agreement--
``(i) not later than December 31, 2016; and
``(ii) not less than once during each period of 5
reinsurance years thereafter.''; and
(2) by striking subparagraph (E) and inserting the
following:
``(E) Cap on overall rate of return.--Notwithstanding
subparagraph (F), the Board shall ensure that the Standard
Reinsurance Agreement renegotiated under subparagraph (A)(i)
establishes a target rate of return for the approved
insurance providers, taken as a whole, that does not exceed
8.9 percent of retained premium for each of the 2017 through
2026 reinsurance years.''.
TITLE III--COMMERCE
SEC. 301. DEBT COLLECTION IMPROVEMENTS.
(a) In General.--Section 227(b) of the Communications Act
of 1934 (47 U.S.C. 227(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(iii), by inserting ``, unless such
call is made solely to collect a debt owed to or guaranteed
by the United States'' after ``charged for the call''; and
(B) in subparagraph (B), by inserting ``, is made solely
pursuant to the collection of a debt owed to or guaranteed by
the United States,'' after ``purposes''; and
(2) in paragraph (2)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(H) may restrict or limit the number and duration of
calls made to a telephone number assigned to a cellular
telephone service to collect a debt owed to or guaranteed by
the United States.''.
(b) Deadline for Regulations.--Not later than 9 months
after the date of enactment of this Act, the Federal
Communications Commission, in consultation with the
Department of the Treasury, shall prescribe regulations to
implement the amendments made by this section.
TITLE IV--STRATEGIC PETROLEUM RESERVE
SEC. 401. STRATEGIC PETROLEUM RESERVE TEST DRAWDOWN AND SALE
NOTIFICATION AND DEFINITION CHANGE.
(a) Notice to Congress.--Section 161(g) of the Energy
Policy and Conservation Act (42 U.S.C. 6241(g)) is amended by
striking paragraph (8) and inserting the following:
``(8) Notice to congress.--
``(A) Prior notice.--Not less than 14 days before the date
on which a test is carried out under this subsection, the
Secretary shall notify both Houses of Congress of the test.
``(B) Emergency.--The prior notice requirement in
subparagraph (A) shall not apply if the Secretary determines
that an emergency exists which requires a test to be carried
out, in which case the Secretary shall notify both Houses of
Congress of the test as soon as possible.
``(C) Detailed description.--
``(i) In general.--Not later than 180 days after the date
on which a test is completed under this subsection, the
Secretary shall submit to both Houses of Congress a detailed
description of the test.
``(ii) Report.--A detailed description submitted under
clause (i) may be included as part of a report made to the
President and Congress under section 165.''.
(b) Definition Change.--Section 3(8)(C)(iii) of the Energy
Policy and Conservation Act (42 U.S.C. 6202(8)(C)(iii)) is
amended by striking ``sabotage or an act of God'' and
inserting ``sabotage, an act of terrorism, or an act of
God''.
SEC. 402. STRATEGIC PETROLEUM RESERVE MISSION READINESS
OPTIMIZATION.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall--
(1) complete a long-range strategic review of the Strategic
Petroleum Reserve; and
(2) develop and submit to Congress a proposed action plan,
including a proposed implementation schedule, that--
(A) specifies near- and long-term roles of the Strategic
Petroleum Reserve relative to the energy and economic
security goals and objectives of the United States;
(B) describes whether existing legal authorities that
govern the policies, configuration, and capabilities of the
Strategic Petroleum Reserve are adequate to ensure that the
Strategic Petroleum Reserve can meet the current and future
energy and economic security goals and objectives of the
United States;
(C) identifies the configuration and performance
capabilities of the Strategic Petroleum Reserve and
recommends an action plan to achieve the optimal--
(i) capacity, location, and composition of petroleum
products in the Strategic Petroleum Reserve; and
(ii) storage and distributional capabilities; and
(D) estimates the resources required to attain and maintain
the long-term sustainability and operational effectiveness of
the Strategic Petroleum Reserve.
SEC. 403. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
(a) Drawdown and Sale.--Notwithstanding section 161 of the
Energy Policy and Conservation Act (42 U.S.C. 6241), except
as provided in subsection (b), the Secretary of Energy shall
draw down and sell--
(1) 5,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2018;
(2) 5,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2019;
(3) 5,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2020;
(4) 5,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2021;
(5) 8,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2022;
(6) 10,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2023;
(7) 10,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2024; and
(8) 10,000,000 barrels of crude oil from the Strategic
Petroleum Reserve during fiscal year 2025.
(b) Emergency Protection.--The Secretary shall not draw
down and sell crude oil under this section in amounts that
would limit the authority to sell petroleum products under
section 161(h) of the Energy Policy and Conservation Act (42
U.S.C.6241(h)) in the full amount authorized by that
subsection.
(c) Proceeds.--Proceeds from a sale under this section
shall be deposited into the general fund of the Treasury
during the fiscal year in which the sale occurs.
SEC. 404. ENERGY SECURITY AND INFRASTRUCTURE MODERNIZATION
FUND.
(a) Establishment.--There is hereby established in the
Treasury of the United States a fund to be known as the
Energy Security and Infrastructure Modernization Fund
(referred to in this section as the ``Fund''), consisting
of--
(1) collections deposited in the Fund under subsection (c);
and
(2) amounts otherwise appropriated to the Fund.
(b) Purpose.--The purpose of the Fund is to provide for the
construction, maintenance, repair, and replacement of
Strategic Petroleum Reserve facilities.
(c) Collection and Deposit of Sale Proceeds in Fund.--
(1) Drawdown and sale.--Notwithstanding section 161 of the
Energy Policy and Conservation Act (42 U.S.C. 6241), to the
extent provided in advance in appropriation Acts, the
Secretary of Energy shall draw down and sell crude oil from
the Strategic Petroleum Reserve in amounts as authorized
under subsection (e), except as provided in paragraph (2).
Amounts received for a sale under this paragraph shall be
deposited into the Fund during the fiscal year in which the
sale occurs. Such amounts shall remain available in the Fund
without fiscal year limitation.
(2) Emergency protection.--The Secretary shall not draw
down and sell crude oil under this subsection in amounts that
would limit the authority to sell petroleum products under
section 161(h) of the Energy Policy and Conservation Act (42
U.S.C.6241(h)) in the full amount authorized by that
subsection.
(d) Authorized Uses of Fund.--
(1) In general.--Amounts in the Fund may be used for, or
may be credited as offsetting collections for amounts used
for, carrying out the program described in paragraph (2)(B),
to the extent provided in advance in appropriation Acts.
(2) Program to modernize the strategic petroleum reserve.--
(A) Findings.--Congress finds the following:
(i) The Strategic Petroleum Reserve is one of the Nation's
most valuable energy security assets.
(ii) The age and condition of the Strategic Petroleum
Reserve have diminished its value as a Federal energy
security asset.
(iii) Global oil markets and the location and amount of
United States oil production and refining capacity have
dramatically changed in the 40 years since the establishment
of the Strategic Petroleum Reserve.
(iv) Maximizing the energy security value of the Strategic
Petroleum Reserve requires a modernized infrastructure that
meets the drawdown and distribution needs of changed domestic
and international oil and refining market conditions.
(B) Program.--The Secretary of Energy shall establish a
Strategic Petroleum Reserve modernization program to protect
the United States economy from the impacts of emergency
product supply disruptions. The program may include--
(i) operational improvements to extend the useful life of
surface and subsurface infrastructure;
(ii) maintenance of cavern storage integrity; and
(iii) addition of infrastructure and facilities to optimize
the drawdown and incremental distribution capacity of the
Strategic Petroleum Reserve.
(e) Authorization of Appropriations.--There are authorized
to be appropriated (and drawdowns and sales under subsection
(c) in an equal amount are authorized) for carrying out
subsection (d)(2)(B), $2,000,000,000 for the
[[Page H7289]]
period encompassing fiscal years 2017 through 2020.
(f) Transmission of Department Budget Requests.--The
Secretary of Energy shall prepare and submit in the
Department's annual budget request to Congress--
(1) an itemization of the amounts of funds necessary to
carry out subsection (d); and
(2) a designation of any activities thereunder for which a
multiyear budget authority would be appropriate.
(g) Sunset.--The authority of the Secretary to draw down
and sell crude oil from the Strategic Petroleum Reserve under
this section shall expire at the end of fiscal year 2020.
TITLE V--PENSIONS
SEC. 501. SINGLE EMPLOYER PLAN ANNUAL PREMIUM RATES.
(a) Flat-rate Premium.--
(1) In general.--Section 4006(a)(3)(A)(i) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(A)(i)) is amended by striking ``and'' at the end
of subclause (IV), by striking the period at the end of
subclause (V) and inserting a semicolon, and by inserting
after subclause (V) the following:
``(VI) for plan years beginning after December 31, 2016,
and before January 1, 2018, $69;
``(VII) for plan years beginning after December 31, 2017,
and before January 1, 2019, $74; and
``(VIII) for plan years beginning after December 31, 2018,
$80.''.
(2) Premium rates after 2019.--Section 4006(a)(3)(G) of
such Act (29 U.S.C. 1306(a)(3)(G)) is amended--
(A) in the matter preceding clause (i), by striking
``2016'' and inserting ``2019''; and
(B) in clause (i)(II) by striking ``2014'' and inserting
``2017''.
(b) Variable-rate Premium Increases.--
(1) In general.--Section 4006(a)(8)(C) of such Act (29
U.S.C. 1306(a)(8)(C)) is amended--
(A) in the subparagraph heading, by striking ``increase in
2014 and 2015'' and inserting ``increases'';
(B) in clause (ii), by striking ``and'' at the end;
(C) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(iv) in the case of plan years beginning in calendar year
2017, by $3;
``(v) in the case of plan years beginning in calendar year
2018, by $4; and
``(vi) in the case of plan years beginning in calendar year
2019, by $4.''.
(2) Conforming amendments.--Section 4006(a)(8) of such Act
(29 U.S.C. 1306(a)(8)) is amended--
(A) in subparagraph (A)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) in clause (iv), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(v) for plan years beginning after calendar year 2017,
the amount in effect for plan years beginning in 2017
(determined after application of subparagraph (C));
``(vi) for plan years beginning after calendar year 2018,
the amount in effect for plan years beginning in 2018
(determined after application of subparagraph (C)); and
``(vii) for plan years beginning after calendar year 2019,
the amount in effect for plan years beginning in 2019
(determined after application of subparagraph (C)).''; and
(B) in subparagraph (D)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) in clause (iv), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(v) 2015, in the case of plan years beginning after
calendar year 2017;
``(vi) 2016, in the case of plan years beginning after
calendar year 2018; and
``(vii) 2017, in the case of plan years beginning after
calendar year 2019.''.
(3) Effective date.-- The amendments made by this section
shall apply to plan years beginning after December 31, 2016.
SEC. 502. PENSION PAYMENT ACCELERATION.
Notwithstanding section 4007(a) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1307(a)) and section
4007.11 of title 29, Code of Federal Regulations, for plan
years commencing after December 31, 2024, and before January
1, 2026, the premium due date for such plan years shall be
the fifteenth day of the ninth calendar month that begins on
or after the first day of the premium payment year.
SEC. 503. MORTALITY TABLES.
(a) Credibility.--For purposes of subclause (I) of section
430(h)(3)(C)(iii) of the Internal Revenue Code of 1986 and
subclause (I) of section 303(h)(3)(C)(iii) of the Employee
Retirement Income Security Act of 1974, the determination of
whether plans have credible information shall be made in
accordance with established actuarial credibility theory,
which--
(1) is materially different from rules under such section
of such Code, including Revenue Procedure 2007-37, that are
in effect on the date of the enactment of this Act, and
(2) permits the use of tables that reflect adjustments to
the tables described in subparagraphs (A) and (B) of section
430(h)(3) of such Code, and subparagraphs (A) and (B) of
section 303(h)(3) of such Act, if such adjustments are based
on the experience described in subclause (II) of section
430(h)(3)(C)(iii) of such Code and in subclause (II) of
section 303(h)(3)(C)(iii) of such Act.
(b) Effective Date.--This section shall apply to plan years
beginning after December 31, 2015.
SEC. 504. EXTENSION OF CURRENT FUNDING STABILIZATION
PERCENTAGES TO 2018, 2019 AND 2020.
(a) Funding Stabilization Under the Internal Revenue Code
of 1986.--The table in subclause (II) of section
430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is
amended to read as follows:
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
2012, 2013, 2014, 2015, 2016, 2017, 90%.......................... 110%
2018, 2019, or 2020.
2021.................................. 85%.......................... 115%
2022.................................. 80%.......................... 120%
2023.................................. 75%.......................... 125%
After 2023............................ 70%.......................... 130%''.
----------------------------------------------------------------------------------------------------------------
(b) Funding Stabilization Under Employee Retirement Income
Security Act of 1974.--
(1) In general.--The table in subclause (II) of section
303(h)(2)(C)(iv) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read
as follows:
----------------------------------------------------------------------------------------------------------------
The applicable minimum
``If the calendar year is: percentage is: The applicable maximum percentage is:
----------------------------------------------------------------------------------------------------------------
2012, 2013, 2014, 2015, 2016, 2017, 90%.......................... 110%
2018, 2019, or 2020.
2021.................................. 85%.......................... 115%
2022.................................. 80%.......................... 120%
2023.................................. 75%.......................... 125%
After 2023............................ 70%.......................... 130%''.
----------------------------------------------------------------------------------------------------------------
(2) Conforming amendments.--
(A) In general.--Section 101(f)(2)(D) of such Act (29
U.S.C. 1021(f)(2)(D)) is amended--
(i) in clause (i) by striking ``and the Highway and
Transportation Funding Act of 2014'' both places it appears
and inserting ``, the Highway and Transportation Funding Act
of 2014, and the Bipartisan Budget Act of 2015'', `and
(ii) in clause (ii) by striking ``2020'' and inserting
``2023''.
(B) Statements.--The Secretary of Labor shall modify the
statements required under subclauses (I) and (II) of section
101(f)(2)(D)(i) of such Act to conform to the amendments made
by this section.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning after
December 31, 2015.
TITLE VI--HEALTH CARE
SEC. 601. MAINTAINING 2016 MEDICARE PART B PREMIUM AND
DEDUCTIBLE LEVELS CONSISTENT WITH ACTUARIALLY
FAIR RATES.
(a) 2016 Premium and Deductible and Repayment Through
Future Premiums.--Section 1839(a) of the Social Security Act
(42 U.S.C. 1395r(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``Such'' and inserting ``Subject to paragraphs (5) and (6),
such''; and
(2) by adding at the end the following:
[[Page H7290]]
``(5)(A) In applying this part (including subsection (i)
and section 1833(b)), the monthly actuarial rate for
enrollees age 65 and over for 2016 shall be determined as if
subsection (f) did not apply.
``(B) Subsection (f) shall continue to be applied to
paragraph (6)(A) (during a repayment month, as described in
paragraph (6)(B)) and without regard to the application of
subparagraph (A).
``(6)(A) With respect to a repayment month (as described in
subparagraph (B)), the monthly premium otherwise established
under paragraph (3) shall be increased by, subject to
subparagraph (D), $3.
``(B) For purposes of this paragraph, a repayment month is
a month during a year, beginning with 2016, for which a
balance due amount is computed under subparagraph (C) as
greater than zero.
``(C) For purposes of this paragraph, the balance due
amount computed under this subparagraph, with respect to a
month, is the amount estimated by the Chief Actuary of the
Centers for Medicare & Medicaid Services to be equal to--
``(i) the amount transferred under section 1844(d)(1); plus
``(ii) the amount that is equal to the aggregate reduction,
for all individuals enrolled under this part, in the income
related monthly adjustment amount as a result of the
application of paragraph (5); minus
``(iii) the amounts payable under this part as a result of
the application of this paragraph for preceding months.
``(D) If the balance due amount computed under subparagraph
(C), without regard to this subparagraph, for December of a
year would be less than zero, the Chief Actuary of the
Centers for Medicare & Medicaid Services shall estimate, and
the Secretary shall apply, a reduction to the dollar amount
increase applied under subparagraph (A) for each month during
such year in a manner such that the balance due amount for
January of the subsequent year is equal to zero.''.
(b) Transitional Government Contribution.--Section 1844 of
the Social Security Act (42 U.S.C. 1395w) is amended--
(1) in subsection (a), by adding at the end the following:
``In applying paragraph (1), the amounts transferred under
subsection (d)(1) with respect to enrollees described in
subparagraphs (A) and (B) of such subsection shall be treated
as premiums payable and deposited in the Trust Fund under
subparagraphs (A) and (B), respectively, of paragraph (1).'';
and
(2) by adding at the end the following:
``(d)(1) For 2016, there shall be transferred from the
General Fund to the Trust Fund an amount, as estimated by the
Chief Actuary of the Centers for Medicare & Medicaid
Services, equal to the reduction in aggregate premiums
payable under this part for a month in such year (excluding
any changes in amounts collected under section 1839(i)) that
is attributable to the application of section 1839(a)(5)(A)
with respect to--
``(A) enrollees age 65 and over; and
``(B) enrollees under age 65.
Such amounts shall be transferred from time to time as
appropriate.
``(2) Premium increases affected under section 1839(a)(6)
shall not be taken into account in applying subsection (a).
``(3) There shall be transferred from the Trust Fund to the
General Fund of the Treasury amounts equivalent to the
additional premiums payable as a result of the application of
section 1839(a)(6), excluding the aggregate payments
attributable to the application of section
1839(i)(3)(A)(ii)(II).''.
(c) Conforming Application of High Income Adjustments to
Increased Monthly Premium in Same Manner as for Regular
Medicare Premiums.--Section 1839(i)(3)(A)(ii) of the Social
Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is amended--
(1) by striking ``amount.-200 percent'' and inserting the
following: ``amount.-
``(I) 200 percent''; and
(2) by striking the period at the end and inserting ``;
plus''; and
(3) by adding at the end the following new subclause:
``(II) 4 times the amount of the increase in the monthly
premium under subsection (a)(6) for a month in the year.''.
(d) Conditional Application to 2017 if No Social Security
COLA for 2017.--If there is no increase in the monthly
insurance benefits payable under title II with respect to
December 2016 pursuant to section 215(i), then the amendments
made by this section shall be applied as if--
(1) the reference to ``2016'' in paragraph (5)(A) of
section 1839(a) of the Social Security Act (42 U.S.C.
1395r(a)), as added by subsection (a)(2), was a reference to
``2016 and 2017'';
(2) the reference to ``a month during a year, beginning
with 2016'' in paragraph (6)(B) of section 1839 of such Act
(42 U.S.C. 1395r(a)), as added by subsection (a)(2), was a
reference to ``a month in a year, beginning with 2016 and
beginning with 2017, respectively''; and
(3) the reference to ``2016'' in subsection (d)(1) of
section 1844 of such Act (42 U.S.C. 1395w), as added by
subsection (b)(2), was a reference to ``each of 2016 and
2017''.
Any increase in premiums effected under this subsection shall
be in addition to the increase effected by the amendments
made by subsection (a).
(e) Construction Regarding No Authority to Initiate
Application to Years After 2017.--Nothing in subsection (d)
or the amendments made by this section shall be construed as
authorizing the Secretary of Health and Human Services to
initiate application of such subsection or amendments for a
year after 2017.
SEC. 602. APPLYING THE MEDICAID ADDITIONAL REBATE REQUIREMENT
TO GENERIC DRUGS.
(a) In General.--Section 1927(c)(3) of the Social Security
Act (42 U.S.C. 1396r-8(c)(3)) is amended--
(1) in subparagraph (A), by striking ``The amount'' and
inserting ``Except as provided in subparagraph (C), the
amount''; and
(2) by adding at the end the following new subparagraph:
``(C) Additional rebate.--
``(i) In general.--The amount of the rebate specified in
this paragraph for a rebate period, with respect to each
dosage form and strength of a covered outpatient drug other
than a single source drug or an innovator multiple source
drug of a manufacturer, shall be increased in the manner that
the rebate for a dosage form and strength of a single source
drug or an innovator multiple source drug is increased under
subparagraphs (A) and (D) of paragraph (2), except as
provided in clause (ii).
``(ii) Special rules for application of provision.--In
applying subparagraphs (A) and (D) of paragraph (2) under
clause (i)--
``(I) the reference in subparagraph (A)(i) of such
paragraph to `1990' shall be deemed a reference to `2014';
``(II) subject to clause (iii), the reference in
subparagraph (A)(ii) of such paragraph to `the calendar
quarter beginning July 1, 1990' shall be deemed a reference
to `the calendar quarter beginning July 1, 2014'; and
``(III) subject to clause (iii), the reference in
subparagraph (A)(ii) of such paragraph to `September 1990'
shall be deemed a reference to `September 2014';
``(IV) the references in subparagraph (D) of such paragraph
to `paragraph (1)(A)(ii)', `this paragraph', and `December
31, 2009' shall be deemed references to `subparagraph (A)',
`this subparagraph', and `December 31, 2014', respectively;
and
``(V) any reference in such paragraph to a `single source
drug or an innovator multiple source drug' shall be deemed to
be a reference to a drug to which clause (i) applies.
``(iii) Special rule for certain noninnovator multiple
source drugs.--In applying paragraph (2)(A)(ii)(II) under
clause (i) with respect to a covered outpatient drug that is
first marketed as a drug other than a single source drug or
an innovator multiple source drug after April 1, 2013, such
paragraph shall be applied--
``(I) by substituting `the applicable quarter' for `the
calendar quarter beginning July 1, 1990'; and
``(II) by substituting `the last month in such applicable
quarter' for `September 1990'.
``(iv) Applicable quarter defined.--In this subsection, the
term `applicable quarter' means, with respect to a drug
described in clause (iii), the fifth full calendar quarter
after which the drug is marketed as a drug other than a
single source drug or an innovator multiple source drug.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to rebate periods beginning after the date that
is one year after the date of the enactment of this Act.
SEC. 603. TREATMENT OF OFF-CAMPUS OUTPATIENT DEPARTMENTS OF A
PROVIDER.
Section 1833(t) of the Social Security Act (42 U.S.C.
1395l(t)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (iii), by striking ``but'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) does not include applicable items and services (as
defined in subparagraph (A) of paragraph (21)) that are
furnished on or after January 1, 2017, by an off-campus
outpatient department of a provider (as defined in
subparagraph (B) of such paragraph).''; and
(2) by adding at the end the following new paragraph:
``(21) Services furnished by an off-campus outpatient
department of a provider.--
``(A) Applicable items and services.--For purposes of
paragraph (1)(B)(v) and this paragraph, the term `applicable
items and services' means items and services other than items
emergency department (as defined in section 489.24(b) of
title 42 of the Code of Federal Regulations).
``(B) Off-campus outpatient department of a provider.--
``(i) In general.--For purposes of paragraph (1)(B)(v) and
this paragraph, subject to clause (ii), the term `off-campus
outpatient department of a provider' means a department of a
provider (as defined in section 413.65(a)(2) of title 42 of
the Code of Federal Regulations, as in effect as of the date
of the enactment of this paragraph) that is not located--
``(I) on the campus (as defined in such section
413.65(a)(2)) of such provider; or
``(II) within the distance (described in such definition of
campus) from a remote location of a hospital facility (as
defined in such section 413.65(a)(2)).
``(ii) Exception.--For purposes of paragraph (1)(B)(v) and
this paragraph, the term `off-campus outpatient department of
a provider' shall not include a department of a provider (as
so defined) that was billing under this subsection with
respect to covered OPD services furnished prior to the date
of the enactment of this paragraph.
[[Page H7291]]
``(C) Availability of payment under other payment
systems.--Payments for applicable items and services
furnished by an off-campus outpatient department of a
provider that are described in paragraph (1)(B)(v) shall be
made under the applicable payment system under this part
(other than under this subsection) if the requirements for
such payment are otherwise met.
``(D) Information needed for implementation.--Each hospital
shall provide to the Secretary such information as the
Secretary determines appropriate to implement this paragraph
and paragraph (1)(B)(v) (which may include reporting of
information on a hospital claim using a code or modifier and
reporting information about off-campus outpatient departments
of a provider on the enrollment form described in section
1866(j)).
``(E) Limitations.--There shall be no administrative or
judicial review under section 1869, section 1878, or
otherwise of the following:
``(i) The determination of the applicable items and
services under subparagraph (A) and applicable payment
systems under subparagraph (C).
``(ii) The determination of whether a department of a
provider meets the term described in subparagraph (B).
``(iii) Any information that hospitals are required to
report pursuant to subparagraph (D).''.
SEC. 604. REPEAL OF AUTOMATIC ENROLLMENT REQUIREMENT.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) is amended by repealing section 18A (as added by
section 1511 of the Patient Protection and Affordable Care
Act (Public Law 111-148)).
TITLE VII--JUDICIARY
SEC. 701. CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS.
(a) Short Title.--This section may be cited as the
``Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015''.
(b) Amendments.--The Federal Civil Penalties Inflation
Adjustment Act of 1990 (28 U.S.C. 2461 note) is amended--
(1) in section 4--
(A) by striking the matter preceding paragraph (1) and
inserting the following:
``(a) In General.--Not later than July 1, 2016, and not
later than January 15 of every year thereafter, and subject
to subsections (c) and (d), the head of each agency
shall--'';
(B) in paragraph (1)--
(i) by striking ``by regulation adjust'' and inserting ``in
accordance with subsection (b), adjust''; and
(ii) by striking ``, the Tariff Act of 1930, the
Occupational Safety and Health Act of 1970, or the Social
Security Act'' and inserting `` or the Tariff Act of 1930'';
(C) in paragraph (2), by striking ``such regulation'' and
inserting ``such adjustment''; and
(D) by adding at the end the following:
``(b) Procedures for Adjustments.--
``(1) Catch up adjustment.--For the first adjustment made
under subsection (a) after the date of enactment of the
Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015--
``(A) the head of an agency shall adjust civil monetary
penalties through an interim final rulemaking; and
``(B) the adjustment shall take effect not later than
August 1, 2016.
``(2) Subsequent adjustments.--For the second adjustment
made under subsection (a) after the date of enactment of the
Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015, and each adjustment thereafter, the head of an
agency shall adjust civil monetary penalties and shall make
the adjustment notwithstanding section 553 of title 5, United
States Code.
``(c) Exception.--For the first adjustment made under
subsection (a) after the date of enactment of the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of
2015, the head of an agency may adjust the amount of a civil
monetary penalty by less than the otherwise required amount
if--
``(1) the head of the agency, after publishing a notice of
proposed rulemaking and providing an opportunity for comment,
determines in a final rule that--
``(A) increasing the civil monetary penalty by the
otherwise required amount will have a negative economic
impact; or
``(B) the social costs of increasing the civil monetary
penalty by the otherwise required amount outweigh the
benefits; and
``(2) the Director of the Office of Management and Budget
concurs with the determination of the head of the agency
under paragraph (1).
``(d) Other Adjustments Made.--If a civil monetary penalty
subject to a cost-of-living adjustment under this Act is,
during the 12 months preceding a required cost-of-living
adjustment, increased by an amount greater than the amount of
the adjustment required under subsection (a), the head of the
agency is not required to make the cost-of-living adjustment
for that civil monetary penalty in that year.'';
(2) in section 5--
(A) in subsection (a), by striking ``to the nearest--'' and
all that follows through the end of subsection (a) and
inserting ``to the nearest multiple of $1.''; and
(B) by amending subsection (b) to read as follows:
``(b) Definition.--
``(1) In general.--Except as provided in paragraph (2), for
purposes of subsection (a), the term `cost-of-living
adjustment' means the percentage (if any) for each civil
monetary penalty by which--
``(A) the Consumer Price Index for the month of October
preceding the date of the adjustment, exceeds
``(B) the Consumer Price Index for the month of October 1
year before the month of October referred to in subparagraph
(A).
``(2) Initial adjustment.--
``(A) In general.--Subject to subparagraph (C), for the
first inflation adjustment under section 4 made by an agency
after the date of enactment of the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, the term
`cost-of-living adjustment' means the percentage (if any) for
each civil monetary penalty by which the Consumer Price Index
for the month of October, 2015 exceeds the Consumer Price
Index for the month of October of the calendar year during
which the amount of such civil monetary penalty was
established or adjusted under a provision of law other than
this Act.
``(B) Application of adjustment.--The cost-of-living
adjustment described in subparagraph (A) shall be applied to
the amount of the civil monetary penalty as it was most
recently established or adjusted under a provision of law
other than this Act.
``(C) Maximum adjustment.--The amount of the increase in a
civil monetary penalty under subparagraph (A) shall not
exceed 150 percent of the amount of that civil monetary
penalty on the date of enactment of the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of
2015.'';
(3) in section 6, by striking ``violations which occur''
and inserting ``civil monetary penalties, including those
whose associated violation predated such increase, which are
assessed''; and
(4) by adding at the end the following:
``SEC. 7. IMPLEMENTATION AND OVERSIGHT ENHANCEMENTS.
``(a) OMB Guidance.--Not later than February 29, 2016, not
later than December 15, 2016, and December 15 of every year
thereafter, the Director of the Office of Management and
Budget shall issue guidance to agencies on implementing the
inflation adjustments required under this Act.
``(b) Agency Financial Reports.--The head of each agency
shall include in the Agency Financial Report submitted under
OMB Circular A-136, or any successor thereto, information
about the civil monetary penalties within the jurisdiction of
the agency, including the adjustment of the civil monetary
penalties by the head of the agency under this Act.
``(c) GAO Review.--The Comptroller General of the United
States shall annually submit to Congress a report assessing
the compliance of agencies with the inflation adjustments
required under this Act, which may be included as part of
another report submitted to Congress.''.
(c) Repeal.--Section 31001(s) of the Debt Collection
Improvement Act of 1996 (28 U.S.C. 2461 note) is amended by
striking paragraph (2).
SEC. 702. CRIME VICTIMS FUND.
There is hereby rescinded and permanently canceled
$1,500,000,000 of the funds deposited or available in the
Crime Victims Fund created by section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601).
SEC. 703. ASSETS FORFEITURE FUND.
Of the amounts deposited in the Department of Justice
Assets Forfeiture Fund, $746,000,000 are hereby rescinded and
permanently cancelled.
TITLE VIII--SOCIAL SECURITY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Social Security Benefit
Protection and Opportunity Enhancement Act of 2015''.
Subtitle A--Ensuring Correct Payments and Reducing Fraud
SEC. 811. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS
UNITS.
(a) In General.--Not later than October 1, 2022, the
Commissioner of Social Security shall take any necessary
actions, subject to the availability of appropriations, to
ensure that cooperative disability investigations units have
been established, in areas where there is cooperation with
local law enforcement agencies, that would cover each of the
50 States, the District of Columbia, Puerto Rico, Guam, the
Northern Mariana Islands, the Virgin Islands, and American
Samoa.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter until the
earlier of 2022 or the date on which nationwide coverage is
achieved, the Commissioner of Social Security shall submit to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report describing a plan to implement the nationwide coverage
described in subsection (a) and outlining areas where the
Social Security Administration did not receive the
cooperation of local law enforcement agencies.
SEC. 812. EXCLUSION OF CERTAIN MEDICAL SOURCES OF EVIDENCE.
(a) In General.--Section 223(d)(5) of the Social Security
Act (42 U.S.C. 423(d)(5)) is amended by adding at the end the
following:
``(C)(i) In making any determination with respect to
whether an individual is under a disability or continues to
be under a disability, the Commissioner of Social Security
may not consider (except for good cause as determined by the
Commissioner) any evidence furnished by--
``(I) any individual or entity who has been convicted of a
felony under section 208 or under section 1632;
[[Page H7292]]
``(II) any individual or entity who has been excluded from
participation in any Federal health care program under
section 1128; or
``(III) any person with respect to whom a civil money
penalty or assessment has been imposed under section 1129 for
the submission of false evidence.
``(ii) To the extent and at such times as is necessary for
the effective implementation of clause (i) of this
subparagraph--
``(I) the Inspector General of the Social Security
Administration shall transmit to the Commissioner information
relating to persons described in subclause (I) or (III) of
clause (i);
``(II) the Secretary of Health and Human Services shall
transmit to the Commissioner information relating to persons
described in subclause (II) of clause (i); and''.
(b) Regulations.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of Social
Security shall issue regulations to carry out the amendment
made by subsection (a).
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to determinations of disability made
on or after the earlier of--
(1) the effective date of the regulations issued by the
Commissioner under subsection (b); or
(2) one year after the date of the enactment of this Act.
SEC. 813. NEW AND STRONGER PENALTIES.
(a) Conspiracy to Commit Social Security Fraud.--
(1) Amendment to title ii.--Section 208(a) of the Social
Security Act (42 U.S.C. 408(a)) is amended--
(A) in paragraph (7)(C), by striking ``or'' at the end;
(B) in paragraph (8), by adding ``or'' at the end; and
(C) by inserting after paragraph (8) the following:
``(9) conspires to commit any offense described in any of
paragraphs (1) through (4),''.
(2) Amendment to title viii.--Section 811(a) of such Act
(42 U.S.C. 1011(a)) is amended--
(A) in paragraph (3), by striking ``or'' at the end;
(B) in paragraph (4), by striking the comma and adding ``;
or'' at the end; and
(C) by inserting after paragraph (4) the following:
``(5) conspires to commit any offense described in any of
paragraphs (1) through (3),''.
(3) Amendment to title xvi.--Section 1632(a) of such Act
(42 U.S.C. 1383a(a)) is amended--
(A) in paragraph (3), by striking ``or'' at the end;
(B) in paragraph (4), by adding ``or'' at the end; and
(C) by inserting after paragraph (4) the following:
``(5) conspires to commit any offense described in any of
paragraphs (1) through (3),''.
(b) Increased Criminal Penalties for Certain Individuals
Violating Positions of Trust.--
(1) Amendment to title ii.--Section 208(a) of the Social
Security Act (42 U.S.C. 408(a)), as amended by subsection
(a), is further amended by striking the period at the end and
inserting ``, except that in the case of a person who
receives a fee or other income for services performed in
connection with any determination with respect to benefits
under this title (including a claimant representative,
translator, or current or former employee of the Social
Security Administration), or who is a physician or other
health care provider who submits, or causes the submission
of, medical or other evidence in connection with any such
determination, such person shall be guilty of a felony and
upon conviction thereof shall be fined under title 18, United
States Code, or imprisoned for not more than ten years, or
both.''.
(2) Amendment to title viii.--Section 811(a) of such Act
(42 U.S.C. 1011(a)), as amended by subsection (a), is further
amended by striking the period at the end and inserting ``,
except that in the case of a person who receives a fee or
other income for services performed in connection with any
determination with respect to benefits under this title
(including a claimant representative, translator, or current
or former employee of the Social Security Administration), or
who is a physician or other health care provider who submits,
or causes the submission of, medical or other evidence in
connection with any such determination, such person shall be
guilty of a felony and upon conviction thereof shall be fined
under title 18, United States Code, or imprisoned for not
more than ten years, or both.''.
(3) Amendment to title xvi.--Section 1632(a) of such Act
(42 U.S.C. 1383a(a)), as amended by subsection (a), is
further amended by striking the period at the end and
inserting ``, except that in the case of a person who
receives a fee or other income for services performed in
connection with any determination with respect to benefits
under this title (including a claimant representative,
translator, or current or former employee of the Social
Security Administration), or who is a physician or other
health care provider who submits, or causes the submission
of, medical or other evidence in connection with any such
determination, such person shall be guilty of a felony and
upon conviction thereof shall be fined under title 18, United
States Code, or imprisoned for not more than ten years, or
both.''.
(c) Increased Civil Monetary Penalties for Certain
Individuals Violating Positions of Trust.--Section 1129(a)(1)
of the Social Security Act (42 U.S.C. 1320a-8(a)(1)) is
amended, in the matter following subparagraph (C), by
inserting after ``withholding disclosure of such fact'' the
following: ``, except that in the case of such a person who
receives a fee or other income for services performed in
connection with any such determination (including a claimant
representative, translator, or current or former employee of
the Social Security Administration) or who is a physician or
other health care provider who submits, or causes the
submission of, medical or other evidence in connection with
any such determination, the amount of such penalty shall be
not more than $7,500''.
(d) No Benefits Payable to Individuals for Whom a Civil
Monetary Penalty Is Imposed for Fraudulently Concealing Work
Activity.--Section 222(c)(5) of the Social Security Act (42
U.S.C. 422(c)(5)) is amended by inserting after ``conviction
by a Federal court'' the following: ``, or the imposition of
a civil monetary penalty under section 1129,''.
SEC. 814. REFERENCES TO SOCIAL SECURITY AND MEDICARE IN
ELECTRONIC COMMUNICATIONS.
(a) In General.--Section 1140(a)(1) of the Social Security
Act (42 U.S.C. 1320b-10(a)(1)) is amended by inserting
``(including any Internet or other electronic
communication)'' after ``or other communication''.
(b) Each Communication Treated as Separate Violation.--
Section 1140(b) of such Act (42 U.S.C. 1320b-10(b)) is
amended by inserting after the second sentence the following:
``In the case of any items referred to in subsection (a)(1)
consisting of Internet or other electronic communications,
each dissemination, viewing, or accessing of such a
communication which contains one or more words, letters,
symbols, or emblems in violation of subsection (a) shall
represent a separate violation''.
SEC. 815. CHANGE TO CAP ADJUSTMENT AUTHORITY.
Section 251(b)(2)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(B)) is
amended--
(1) in clause (i)--
(A) in the matter before subclause (I), by striking ``and
for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act'' and
inserting ``, for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social
Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the
prosecution of fraud in the programs and operations of the
Social Security Administration by Special Assistant United
States Attorneys'';
(B) in subclause (VI), by striking ``$1,309,000,000' '''
and inserting ``$1,546,000,000'';
(C) in subclause (VII), by striking ``$1,309,000,000'' and
inserting ``$1,462,000,000'';
(D) in subclause (VIII), by striking ``$1,309,000,000'' and
inserting ``$1,410,000,000''; and
(E) in subclause (X), by striking ``$1,309,000,000'' and
inserting ``$1,302,000,000'';
(2) in clause (ii)(I), by inserting ``, including work-
related continuing disability reviews to determine whether
earnings derived from services demonstrate an individual's
ability to engage in substantial gainful activity'' before
the semicolon; and
(3) in clause (ii)(III), by striking ``and
redeterminations'' and inserting ``, redeterminations, co-
operative disability investigation units, and fraud
prosecutions''.
Subtitle B--Promoting Opportunity for Disability Beneficiaries
SEC. 821. TEMPORARY REAUTHORIZATION OF DISABILITY INSURANCE
DEMONSTRATION PROJECT AUTHORITY.
(a) Termination Date.--Section 234(d)(2) of the Social
Security Act (42 U.S.C. 434(d)(2)) is amended by striking
``December 18, 2005'' and inserting ``December 31, 2021, and
the authority to carry out such projects shall terminate on
December 31, 2022''.
(b) Authority to Waive Compliance With Benefits
Requirements.--Section 234(c) of such Act is amended by
striking ``December 17, 2005'' and inserting ``December 30,
2021''.
SEC. 822. MODIFICATION OF DEMONSTRATION PROJECT AUTHORITY.
(a) In General.--Section 234(a)(1) of the Social Security
Act (42 U.S.C. 434(a)(1)) is amended in the matter preceding
subparagraph (A) by inserting ``to promote attachment to the
labor force and'' after ``designed''.
(b) Congressional Review Period.--Section 234(c) of the
Social Security Act (42 U.S.C. 434(c)), as amended by section
821(b) of this Act, is further amended by inserting
``including the objectives of the experiment or demonstration
project, the expected annual and total costs, and the dates
on which the experiment or demonstration project is expected
to start and finish,'' after ``thereof,''
(c) Additional Requirements.--Section 234 of the Social
Security Act (42 U.S.C. 434), as amended by subsection (b),
is further amended by adding at the end the following:
``(e) Additional Requirements.--In developing and carrying
out any experiment or demonstration project under this
section, the Commissioner may not require any individual to
participate in such experiment or demonstration project and
shall ensure--
[[Page H7293]]
``(1) that the voluntary participation of individuals in
such experiment or demonstration project is obtained through
informed written consent which satisfies the requirements for
informed consent established by the Commissioner for use in
such experiment or demonstration project in which human
subjects are at risk;
``(2) that any individual's voluntary agreement to
participate in any such experiment or demonstration project
may be revoked by such individual at any time; and
``(3) that such experiment or demonstration project is
expected to yield statistically significant results.''.
(d) Annual Reporting Deadline.--Section 234(d)(1) of such
Act is amended by striking ``June 9'' and inserting
``September 30''.
SEC. 823. PROMOTING OPPORTUNITY DEMONSTRATION PROJECT.
Section 234 of the Social Security Act (42 U.S.C. 434), as
amended by section 822 of this Act, is further amended by
adding at the end the following:
``(f) Promoting Opportunity Demonstration Project.--
``(1) In general.--The Commissioner shall carry out a
demonstration project under this subsection as described in
paragraph (2) during a 5-year period beginning not later than
January 1, 2017.
``(2) Benefit offset.--Under the demonstration project
described in this paragraph, with respect to any individual
participating in the project who is otherwise entitled to a
benefit under section 223(a)(1) for a month--
``(A) any such benefit otherwise payable to the individual
for such month (other than a benefit payable for any month
prior to the 1st month beginning after the date on which the
individual's entitlement to such benefit is determined) shall
be reduced by $1 for each $2 by which the individual's
earnings derived from services paid during such month exceeds
an amount equal to the individual's impairment-related work
expenses for such month (as determined under paragraph (3)),
except that such benefit may not be reduced below $0;
``(B) no benefit shall be payable under section 202 on the
basis of the wages and self-employment income of the
individual for any month for which the benefit of such
individual under section 223(a)(1) is reduced to $0 pursuant
to subparagraph (A);
``(C) entitlement to any benefit described in subparagraph
(A) or (B) shall not terminate due to earnings derived from
services except following the first month for which such
benefit has been reduced to $0 pursuant to subparagraph (A)
(and the trial work period (as defined in section 222(c)) and
extended period of eligibility shall not apply to any such
individual for any such month); and
``(D) in any case in which such an individual is entitled
to hospital insurance benefits under part A of title XVIII by
reason of section 226(b) and such individual's entitlement to
a benefit described in subparagraph (A) or (B) or status as a
qualified railroad retirement beneficiary is terminated
pursuant to subparagraph (C), such individual shall be deemed
to be entitled to such benefits or to occupy such status
(notwithstanding the termination of such entitlement or
status) for the period of consecutive months throughout all
of which the physical or mental impairment, on which such
entitlement or status was based, continues, and throughout
all of which such individual would have been entitled to
monthly insurance benefits under title II or as a qualified
railroad retirement beneficiary had such termination of
entitlement or status not occurred, but not in excess of 93
such months.
``(3) Impairment-related work expenses.--
``(A) In general.--For purposes of paragraph (2)(A) and
except as provided in subparagraph (C), the amount of an
individual's impairment-related work expenses for a month is
deemed to be the minimum threshold amount.
``(B) Minimum threshold amount.--In this paragraph, the
term `minimum threshold amount' means an amount, to be
determined by the Commissioner, which shall not exceed the
amount sufficient to demonstrate that an individual has
rendered services in a month, as determined by the
Commissioner under section 222(c)(4)(A). The Commissioner may
test multiple minimum threshold amounts.
``(C) Exception for itemized impairment-related work
expenses.--
``(i) In general.--Notwithstanding subparagraph (A), in any
case in which the amount of such an individual's itemized
impairment-related work expenses (as defined in clause (ii))
for a month is greater than the minimum threshold amount, the
amount of the individual's impairment-related work expenses
for the month shall be equal to the amount of the
individual's itemized impairment-related work expenses (as so
defined) for the month.
``(ii) Definition.--In this subparagraph, the term
`itemized impairment-related work expenses' means the amount
excluded under section 223(d)(4)(A) from an individual's
earnings for a month in determining whether an individual is
able to engage in substantial gainful activity by reason of
such earnings in such month, except that such amount does not
include the cost to the individual of any item or service for
which the individual does not provide to the Commissioner a
satisfactory itemized accounting.
``(D) Limitation.--Notwithstanding the other provisions of
this paragraph, for purposes of paragraph (2)(A), the amount
of an individual's impairment-related work expenses for a
month shall not exceed the amount of earnings derived from
services, prescribed by the Commissioner under regulations
issued pursuant to section 223(d)(4)(A), sufficient to
demonstrate an individual's ability to engage in substantial
gainful activity.''.
SEC. 824. USE OF ELECTRONIC PAYROLL DATA TO IMPROVE PROGRAM
ADMINISTRATION.
(a) In General.--Title XI of the Social Security Act (42
U.S.C. 1301, et seq.) is amended by inserting after section
1183 the following: ``
``information exchange with payroll data providers
``Sec. 1184. (a) In General.--The Commissioner of Social
Security may enter into an information exchange with a
payroll data provider for purposes of--
``(1) efficiently administering--
``(A) monthly insurance benefits under subsections
(d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and
(f)(1)(B)(ii) of section 202 and subsection (a)(1) of section
223; and
``(B) supplemental security income benefits under title
XVI; and
``(2) preventing improper payments of such benefits without
the need for verification by independent or collateral
sources.
``(b) Notification Requirements.--Before entering into an
information exchange pursuant to subsection (a), the
Commissioner shall publish in the Federal Register a notice
describing the information exchange and the extent to which
the information received through such exchange is--
``(1) relevant and necessary to--
``(A) accurately determine entitlement to, and the amount
of, benefits described under subparagraph (A) of subsection
(a)(1);
``(B) accurately determine eligibility for, and the amount
of, benefits described in subparagraph (B) of such
subsection; and
``(C) prevent improper payment of such benefits; and
``(2) sufficiently accurate, up-to-date, and complete.
``(c) Definitions.--For purposes of this section:
``(1) Payroll data provider.--The term `payroll data
provider' means payroll providers, wage verification
companies, and other commercial or non-commercial entities
that collect and maintain data regarding employment and
wages, without regard to whether the entity provides such
data for a fee or without cost.
``(2) Information exchange.--The term `information
exchange' means the automated comparison of a system of
records maintained by the commissioner of Social Security
with records maintained by a payroll data provider.''.
(b) Authorization to Access Information Held by Payroll
Data Providers.--
(1) Amendment to title ii.--Section 225 of the Social
Security Act (42 U.S.C. 425) is amended by adding at the end
the following:
``(c) Access to Information Held by Payroll Data
Providers.--(1) The Commissioner of Social Security may
require each individual who applies for or is entitled to
monthly insurance benefits under subsections (d)(1)(B)(ii),
(d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and (f)(1)(B)(ii) of
section 202 and subsection (a)(1) of section 223 to provide
authorization by the individual for the Commissioner to
obtain from any payroll data provider (as defined in section
1184(c)(1)) any record held by the payroll data provider with
respect to the individual whenever the Commissioner
determines the record is needed in connection with a
determination of initial or ongoing entitlement to such
benefits.
``(2) An authorization provided by an individual under this
subsection shall remain effective until the earliest of--
``(A) the rendering of a final adverse decision on the
individual's application or entitlement to benefits under
this title;
``(B) the termination of the individual's entitlement to
benefits under this title; or
``(C) the express revocation by the individual of the
authorization, in a written notification to the Commissioner.
``(3) The Commissioner of Social Security is not required
to furnish any authorization obtained pursuant to this
subsection to the payroll data provider.
``(4) The Commissioner shall inform any person who provides
authorization pursuant to this clause of the duration and
scope of the authorization.
``(5) If an individual who applies for or is entitled to
benefits under this title refuses to provide, or revokes, any
authorization under this subsection, subsection (d) shall not
apply to such individual beginning with the first day of the
first month in which he or she refuses or revokes such
authorization.''.
(2) Title xvi.--Section 1631(e)(1)(B) of the Social
Security Act (42 U.S.C. 1383(e)(1)(B)) is amended by adding
at the end the following:
``(iii)(I) The Commissioner of Social Security may require
each applicant for, or recipient of, benefits under this
title to provide authorization by the applicant, recipient or
legal guardian (or by any other person whose income or
resources are material to the determination of the
eligibility of the applicant or recipient for such benefits)
for the Commissioner to obtain from any payroll data provider
(as defined in section 1184(c)(1)) any record held by the
payroll data provider with respect to the applicant or
recipient (or any such other person) whenever the
Commissioner determines the record is needed in
[[Page H7294]]
connection with a determination of initial or ongoing
eligibility or the amount of such benefits.
``(II) An authorization provided by an applicant, recipient
or legal guardian (or any other person whose income or
resources are material to the determination of the
eligibility of the applicant or recipient) under this clause
shall remain effective until the earliest of--
``(aa) the rendering of a final adverse decision on the
applicant's application for eligibility for benefits under
this title;
``(bb) the cessation of the recipient's eligibility for
benefits under this title;
``(cc) the express revocation by the applicant, or
recipient (or such other person referred to in subclause (I))
of the authorization, in a written notification to the
Commissioner; or
``(dd) the termination of the basis upon which the
Commissioner considers another person's income and resources
available to the applicant or recipient.
``(III) The Commissioner of Social Security is not required
to furnish any authorization obtained pursuant to this clause
to the payroll data provider.
``(IV) The Commissioner shall inform any person who
provides authorization pursuant to this clause of the
duration and scope of the authorization.
``(V) If an applicant for, or recipient of, benefits under
this title (or any such other person referred to in subclause
(I)) refuses to provide, or revokes, any authorization
required by subclause (I), paragraph (2)(B) and paragraph
(10) shall not apply to such applicant or recipient beginning
with the first day of the first month in which he or she
refuses or revokes such authorization.''.
(c) Reporting Responsibilities for Beneficiaries Subject to
Information Exchange With Payroll Data Provider.--
(1) Amendment to title ii.--Section 225 of the Social
Security (42 U.S.C. 425), as amended by subsection (b)(1), is
further amended by adding at the end the following:
``(d) An individual who has authorized the Commissioner of
Social Security to obtain records from a payroll data
provider under subsection (c) shall not be subject to a
penalty under section 1129A for any omission or error with
respect to such individual's wages as reported by the payroll
data provider.''.
(2) Amendment to title xvi.--Section 1631(e) of the Social
Security Act (42 U.S.C. 1383(e)) is amended--
(A) in paragraph (2)--
(i) by striking ``In the case of the failure'' and
inserting ``(A) In the case of the failure'';
(ii) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively; and
(iii) by adding at the end the following:
``(B) For purposes of subparagraph (A), the Commissioner of
Social Security shall find that good cause exists for the
failure of, or delay by, an individual in submitting a report
of an event or change in circumstances relevant to
eligibility for or amount of benefits under this title in any
case where--
``(i) the individual (or another person referred to in
paragraph (1)(B)(iii)(I)) has provided authorization to the
Commissioner to access payroll data records related to the
individual; and
``(ii) the event or change in circumstance is a change in
the individual's employer.''; and
(B) by adding at the end the following:
``(10) An individual who has authorized the Commissioner of
Social Security to obtain records from a payroll data
provider under paragraph (1)(B)(iii) (or on whose behalf
another person described in subclause (I) of such paragraph
has provided such authorization) shall not be subject to a
penalty under section 1129A for any omission or error with
respect to such individual's wages as reported by the payroll
data provider.''.
(d) Regulations.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of Social
Security shall prescribe by regulation procedures for
implementing the Commissioner's access to and use of
information held by payroll providers, including--
(1) guidelines for establishing and maintaining information
exchanges with payroll providers, pursuant to section 1184 of
the Social Security Act;
(2) beneficiary authorizations;
(3) reduced wage reporting responsibilities for individuals
who authorize the Commissioner to access information held by
payroll data providers through an information exchange; and
(4) procedures for notifying individuals in writing when
they become subject to such reduced wage reporting
requirements and when such reduced wage reporting
requirements no longer apply to them.
(e) Effective Date.--The amendments made by this section
shall take effect on the date that is 1 year after the date
of the enactment of this Act.
SEC. 825. TREATMENT OF EARNINGS DERIVED FROM SERVICES.
(a) In General.--Section 223(d)(4) of the Social Security
Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the
following:
``(C)(i) Subject to clause (ii), in determining when
earnings derived from services demonstrate an individual's
ability to engage in substantial gainful activity, such
earnings shall be presumed to have been earned--
``(I) in making a determination of initial entitlement on
the basis of disability, in the month in which the services
were performed from which such earnings were derived; and
``(II) in any other case, in the month in which such
earnings were paid.
``(ii) A presumption made under clause (i) shall not apply
to a determination described in such clause if--
``(I) the Commissioner can reasonably establish, based on
evidence readily available at the time of such determination,
that the earnings were earned in a different month than when
paid; or
``(II) in any case in which there is a determination that
no benefit is payable due to earnings, after the individual
is notified of the presumption made and provided with an
opportunity to submit additional information along with an
explanation of what additional information is needed, the
individual shows to the satisfaction of the Commissioner that
such earnings were earned in another month.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect upon the date of the enactment of this Act,
or as soon as practicable thereafter.
SEC. 826. ELECTRONIC REPORTING OF EARNINGS.
(a) In General.--Not later than September 30, 2017, the
Commissioner of Social Security shall establish and implement
a system that--
(1) allows an individual entitled to a monthly insurance
benefit based on disability under title II of the Social
Security Act (or a representative of the individual) to
report to the Commissioner the individual's earnings derived
from services through electronic means, including by
telephone and Internet; and
(2) automatically issues a receipt to the individual (or
representative) after receiving each such report.
(b) Supplemental Security Income Reporting System as
Model.--The Commissioner shall model the system established
under subsection (a) on the electronic wage reporting systems
for recipients of supplemental security income under title
XVI of such Act.
Subtitle C--Protecting Social Security Benefits
SEC. 831. CLOSURE OF UNINTENDED LOOPHOLES.
(a) Presumed Filing of Application by Individuals Eligible
for Old-age Insurance Benefits and for Wife's or Husband's
Insurance Benefits.--
(1) In general.--Section 202(r) of the Social Security Act
(42 U.S.C. 402(r)) is amended by striking paragraphs (1) and
(2) and inserting the following:
``(1) If an individual is eligible for a wife's or
husband's insurance benefit (except in the case of
eligibility pursuant to clause (ii) of subsection (b)(1)(B)
or subsection (c)(1)(B), as appropriate), in any month for
which the individual is entitled to an old-age insurance
benefit, such individual shall be deemed to have filed an
application for wife's or husband's insurance benefits for
such month.
``(2) If an individual is eligible (but for section
202(k)(4)) for an old-age insurance benefit in any month for
which the individual is entitled to a wife's or husband's
insurance benefit (except in the case of entitlement pursuant
to clause (ii) of subsection (b)(1)(B) or subsection
(c)(1)(B), as appropriate), such individual shall be deemed
to have filed an application for old-age insurance benefits--
``(A) for such month, or
``(B) if such individual is also entitled to a disability
insurance benefit for such month, in the first subsequent
month for which such individual is not entitled to a
disability insurance benefit.''.
(2) Conforming amendment.--Section 202 of the Social
Security Act (42 U.S.C. 402) is amended--
(A) in subsection (b)(1), by striking subparagraph (B) and
inserting the following:
``(B)(i) has attained age 62, or
``(ii) in the case of a wife, has in her care (individually
or jointly with such individual) at the time of filing such
application a child entitled to a child's insurance benefit
on the basis of the wages and self-employment income of such
individual,''; and
(B) in subsection (c)(1), by striking subparagraph (B) and
inserting the following:
``(B)(i) has attained age 62, or
``(ii) in the case of a husband, has in his care
(individually or jointly with such individual) at the time of
filing such application a child entitled to a child's
insurance benefit on the basis of the wages and self-
employment income of such individual,''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to individuals who attain age 62 in
any calendar year after 2015.
(b) Voluntary Suspension of Benefits.--
(1) In general.--Section 202 of the Social Security Act (42
U.S.C. 402) is amended by adding at the end the following:
``(z) Voluntary Suspension.--(1)(A) Except as otherwise
provided in this subsection, any individual who has attained
retirement age (as defined in section 216(l)) and is entitled
to old-age insurance benefits may request that payment of
such benefits be suspended--
``(i) beginning with the month following the month in which
such request is received by the Commissioner, and
``(ii) ending with the earlier of the month following the
month in which a request by the individual for a resumption
of such benefits is so received or the month following the
month in which the individual attains the age of 70.
[[Page H7295]]
``(2) An individual may not suspend such benefits under
this subsection, and any suspension of such benefits under
this subsection shall end, effective with respect to any
month in which the individual becomes subject to--
``(A) mandatory suspension of such benefits under section
202(x);
``(B) termination of such benefits under section 202(n);
``(C) a penalty under section 1129A imposing nonpayment of
such benefits; or
``(D) any other withholding, in whole or in part, of such
benefits under any other provision of law that authorizes
recovery of a debt by withholding such benefits.
``(3) In the case of an individual who requests that such
benefits be suspended under this subsection, for any month
during the period in which the suspension is in effect--
``(A) no retroactive benefits (as defined in subsection
(j)(4)(B)(iii)) shall be payable to such individual;
``(B) no monthly benefit shall be payable to any other
individual on the basis of such individual's wages and self-
employment income; and
``(C) no monthly benefit shall be payable to such
individual on the basis of another individual's wages and
self-employment income.''.
(2) Conforming amendment.--Section 202(w)(2)(B)(ii) of the
Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended
by inserting ``under section 202(z)'' after ``request''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to requests for benefit suspension
submitted beginning at least 180 days after the date of the
enactment of this Act.
SEC. 832. REQUIREMENT FOR MEDICAL REVIEW.
(a) In General.--Section 221(h) of the Social Security Act
(42 U.S.C. 421(h)) is amended to read as follows:
``(h) An initial determination under subsection (a), (c),
(g), or (i) shall not be made until the Commissioner of
Social Security has made every reasonable effort to ensure--
``(1) in any case where there is evidence which indicates
the existence of a mental impairment, that a qualified
psychiatrist or psychologist has completed the medical
portion of the case review and any applicable residual
functional capacity assessment; and
``(2) in any case where there is evidence which indicates
the existence of a physical impairment, that a qualified
physician has completed the medical portion of the case
review and any applicable residual functional capacity
assessment.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to determinations of disability made
on or after the date that is 1 year after the date of the
enactment of this Act.
SEC. 833. REALLOCATION OF PAYROLL TAX REVENUE.
(1) Wages.--Section 201(b)(1) of the Social Security Act
(42 U.S.C. 401(b)(1)) is amended by striking ``and (R) 1.80
per centum of the wages (as so defined) paid after December
31, 1999, and so reported'' and inserting ``(R) 1.80 per
centum of the wages (as so defined) paid after December 31,
1999, and before January 1, 2016, and so reported, (S) 2.37
per centum of the wages (as so defined) paid after December
31, 2015, and before January 1, 2019, and so reported, and
(T) 1.80 per centum of the wages (as so defined) paid after
December 31, 2018, and so reported,''.
(2) Self-employment income.--Section 201(b)(2) of such Act
(42 U.S.C. 401(b)(2)) is amended by striking ``and (R) 1.80
per centum of the amount of self-employment income (as so
defined) so reported for any taxable year beginning after
December 31, 1999'' and inserting ``(R) 1.80 per centum of
the amount of self-employment income (as so defined) so
reported for any taxable year beginning after December 31,
1999, and before January 1, 2016, (S) 2.37 per centum of the
amount of self-employment income (as so defined) so reported
for any taxable year beginning after December 31, 2015, and
before January 1, 2019, and (T) 1.80 per centum of the amount
of self-employment income (as so defined) so reported for any
taxable year beginning after December 31, 2018''.
(3) Effective date.--The amendments made by this section
shall apply with respect to wages paid after December 31,
2015, and self-employment income for taxable years beginning
after such date.
SEC. 834. ACCESS TO FINANCIAL INFORMATION FOR WAIVERS AND
ADJUSTMENTS OF RECOVERY.
(a) Access to Financial Information for Old-age, Survivors,
and Disability Insurance Waivers.--Section 204(b) of the
Social Security Act (42 U.S.C. 404(b)) is amended to read as
follows:
``(b)(1) In any case in which more than the correct amount
of payment has been made, there shall be no adjustment of
payments to, or recovery by the United States from, any
person who is without fault if such adjustment or recovery
would defeat the purpose of this title or would be against
equity and good conscience.
``(2) In making for purposes of this subsection any
determination of whether any individual is without fault, the
Commissioner of Social Security shall specifically take into
account any physical, mental, educational, or linguistic
limitation such individual may have (including any lack of
facility with the English language).
``(3)(A) In making for purposes of this subsection any
determination of whether such adjustment or recovery would
defeat the purpose of this title, the Commissioner of Social
Security shall require an individual to provide authorization
for the Commissioner to obtain (subject to the cost
reimbursement requirements of section 1115(a) of the Right to
Financial Privacy Act) from any financial institution (within
the meaning of section 1101(1) of such Act) any financial
record (within the meaning of section 1101(2) of such Act)
held by the institution with respect to such individual
whenever the Commissioner determines the record is needed in
connection with a determination with respect to such
adjustment or recovery.
``(B) Notwithstanding section 1104(a)(1) of the Right to
Financial Privacy Act, an authorization provided by an
individual pursuant this paragraph shall remain effective
until the earlier of--
``(i) the rendering of a final decision on whether
adjustment or recovery would defeat the purpose of this
title; or
``(ii) the express revocation by the individual of the
authorization, in a written notification to the Commissioner.
``(C)(i) An authorization obtained by the Commissioner of
Social Security pursuant this paragraph shall be considered
to meet the requirements of the Right to Financial Privacy
Act for purposes of section 1103(a) of such Act, and need not
be furnished to the financial institution, notwithstanding
section 1104(a) of such Act.
``(ii) The certification requirements of section 1103(b) of
the Right to Financial Privacy Act shall not apply to
requests by the Commissioner of Social Security pursuant to
an authorization provided under this paragraph.
``(iii) A request by the Commissioner pursuant to an
authorization provided under this paragraph is deemed to meet
the requirements of section 1104(a)(3) of the Right to
Financial Privacy Act and the flush language of section 1102
of such Act.
``(D) The Commissioner shall inform any person who provides
authorization pursuant to this paragraph of the duration and
scope of the authorization.
``(E) If an individual refuses to provide, or revokes, any
authorization for the Commissioner of Social Security to
obtain from any financial institution any financial record,
the Commissioner may, on that basis, determine that
adjustment or recovery would not defeat the purpose of this
title.''.
(b) Access to Financial Information for Supplemental
Security Income Waivers.--
(1) In general.--Section 1631(b)(1)(B) of the Social
Security Act (42 U.S.C. 1383(b)(1)(B)) is amended by adding
at the end the following: ``In making for purposes of this
subparagraph a determination of whether an adjustment or
recovery would defeat the purpose of this title, the
Commissioner of Social Security shall require an individual
to provide authorization for the Commissioner to obtain
(subject to the cost reimbursement requirements of section
1115(a) of the Right to Financial Privacy Act) from any
financial institution (within the meaning of section 1101(1)
of such Act) any financial record (within the meaning of
section 1101(2) of such Act) held by the institution with
respect to such individual whenever the Commissioner
determines that the record is needed in connection with a
determination with respect to such adjustment or recovery,
under the terms and conditions established under subsection
(e)(1)(B).''.
(2) Conforming amendment.--Section 1631(e)(1)(B)(ii)(V) of
such Act (42 U.S.C. 1383(e)(1)(B)(ii)(V)) is amended by
inserting ``, determine that adjustment or recovery on
account of an overpayment with respect to the applicant or
recipient would not defeat the purpose of this title, or
both'' before the period at the end.
(c) Effective Date.--The amendments made by this section
shall apply with respect to determinations made on or after
the date that is 3 months after the date of the enactment of
this section.
Subtitle D--Relieving Administrative Burdens and Miscellaneous
Provisions
SEC. 841. INTERAGENCY COORDINATION TO IMPROVE PROGRAM
ADMINISTRATION.
(a) In General.--Title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by inserting after section
1127 the following:
``interagency coordination to improve program administration
``Sec. 1127A. (a) Coordination Agreement.--Notwithstanding
any other provision of law, including section 207 of this
Act, the Commissioner of Social Security (referred to in this
section as `the Commissioner') and the Director of the Office
of Personnel Management (referred to in this section as `the
Director') shall enter into an agreement under which a system
is established to carry out the following procedure:
``(1) The Director shall notify the Commissioner when any
individual is determined to be entitled to a monthly
disability annuity payment pursuant to subchapter V of
chapter 84 of subpart G of part III of title 5, United States
Code, and shall certify that such individual has provided the
authorization described in subsection (f).
``(2) If the Commissioner determines that an individual
described in paragraph (1) is also entitled to past-due
benefits under section 223, the Commissioner shall notify the
Director of such fact.
``(3) Not later than 30 days after receiving a notification
described in paragraph (2) with respect to an individual, the
Director shall provide the Commissioner with the total amount
of any disability annuity overpayments made to such
individual, as well as any other information (in such form
and manner as the Commissioner shall require) that the
Commissioner determines is necessary to carry out this
section.
[[Page H7296]]
``(4) If the Director provides the Commissioner with the
information described in paragraph (3) in a timely manner,
the Commissioner may withhold past-due benefits under section
223 to which such individual is entitled and may pay the
amount described in paragraph (3) to the Office of Personnel
Management for any disability annuity overpayments made to
such individual.
``(5) The Director shall credit any amount received under
paragraph (4) with respect to an individual toward any
disability annuity overpayment owed by such individual.
``(b) Limitations.--
``(1) Priority of Other Reductions.--Benefits shall only be
withheld under this section after any other reduction
applicable under this Act, including sections 206(a)(4), 224,
and 1127(a).
``(2) Timely Notification Required.--The Commissioner may
not withhold benefits under this section if the Director does
not provide the notice described in subsection (a)(3) within
the time period described in such subsection.
``(c) Delayed Payment of Past-due Benefits.--If the
Commissioner is required to make a notification described in
subsection (a)(2) with respect to an individual, the
Commissioner shall not make any payment of past-due benefits
under section 223 to such individual until after the period
described in subsection (a)(3).
``(d) Review.--Notwithstanding section 205 or any other
provision of law, any determination regarding the withholding
of past-due benefits under this section shall only be subject
to adjudication and review by the Director under section 8461
of title 5, United States Code.
``(e) Disability Annuity Overpayment Defined.--For purposes
of this section, the term `disability annuity overpayment'
means the amount of the reduction under section 8452(a)(2) of
title 5, United States Code, applicable to a monthly annuity
payment made to an individual pursuant to subchapter V of
chapter 84 of subpart G of part III of such title due to the
individual's concurrent entitlement to a disability insurance
benefit under section 223 during such month.
``(f) Authorization to Withhold Benefits.--The
authorization described in this subsection, with respect to
an individual, is written authorization provided by the
individual to the Director which authorizes the Commissioner
to withhold past-due benefits under section 223 to which such
individual is entitled in order to pay the amount withheld to
the Office of Personnel Management for any disability
overpayments made to such individual.
``(g) Expenses.--The Director shall pay to the Social
Security Administration an amount equal to the amount
estimated by the Commissioner as the total cost incurred by
the Social Security Administration in carrying out this
section for each calendar quarter.''.
(b) Effective Date.--The amendment made by this section
shall apply to past-due disability insurance benefits payable
on or after the date that is 1 year after the date of the
enactment of this section.
SEC. 842. ELIMINATION OF QUINQUENNIAL DETERMINATIONS RELATING
TO WAGE CREDITS FOR MILITARY SERVICE PRIOR TO
1957.
Section 217(g)(2) of the Social Security Act (42 U.S.C.
417(g)(2)) is amended--
(1) by inserting ``through 2010'' after ``each fifth year
thereafter''; and
(2) by inserting after the first sentence the following:
``The Secretary of Health and Human Services shall revise the
amount determined under paragraph (1) with respect to the
Federal Hospital Insurance Trust Fund under title XVIII in
2015 and each fifth year thereafter through such date, and
using such data, as the Secretary determines appropriate on
the basis of the amount of benefits and administrative
expenses actually paid from such Trust Fund under title XVIII
and the relevant actuarial assumptions set forth in the
report of the Board of Trustees of such Trust Fund for such
year under section 1817(b).''.
SEC. 843. CERTIFICATION OF BENEFITS PAYABLE TO A DIVORCED
SPOUSE OF A RAILROAD WORKER TO THE RAILROAD
RETIREMENT BOARD.
Section 205(i) of the Social Security Act (42 U.S.C.
405(i)) is amended by inserting ``or divorced wife or
divorced husband'' after ``the wife or husband''.
SEC. 844. TECHNICAL AMENDMENTS TO ELIMINATE OBSOLETE
PROVISIONS.
(a) Elimination of Reference in Section 226 to a Repealed
Provision.--Section 226 of the Social Security Act (42 U.S.C.
426) is amended--
(1) by striking subsection (i); and
(2) by redesignating subsection (j) as subsection (i).
(b) Elimination of Reference in Section 226A to a Repealed
Provision.--Section 226A of such Act (42 U.S.C. 426-1) is
amended by striking the second subsection (c).
SEC. 845. REPORTING REQUIREMENTS TO CONGRESS.
(a) Report on Fraud and Improper Payment Prevention
Activities.--Section 704(b) of the Social Security Act (42
U.S.C. 904(b)) is amended by adding at the end the following:
``(3) For each fiscal year beginning with 2016 and ending
with 2021, the Commissioner shall include in the annual
budget prepared pursuant to subparagraph (A) a report
describing the purposes for which amounts made available for
purposes described in section 251(b)(2)(B) of the Balanced
Budget and Emergency Deficit Control Act of 1985 for the
fiscal year were expended by the Social Security
Administration and the purposes for which the Commissioner
plans for the Administration to expend such funds in the
succeeding fiscal year, including--
``(A) the total such amount expended;
``(B) the amount expended on co-operative disability
investigation units;
``(C) the number of cases of fraud prevented by co-
operative disability investigation units and the amount
expended on such cases (as reported to the Commissioner by
the Inspector General of the Social Security Administration);
``(D) the number of felony cases prosecuted under section
208 (as reported to the Commissioner by the Inspector
General) and the amount expended by the Social Security
Administration in supporting the prosecution of such cases;
``(E) the amount of such felony cases successfully
prosecuted (as reported to the Commissioner by the Inspector
General) and the amount expended by the Social Security
Administration in supporting the prosecution of such cases;
``(F) the amount expended on and the number of completed--
``(i) continuing disability reviews conducted by mail;
``(ii) redeterminations conducted by mail;
``(iii) medical continuing disability reviews conducted
pursuant to section 221(i);
``(iv) medical continuing disability reviews conducted
pursuant to 1614(a)(3)(H);
``(v) redeterminations conducted pursuant to section
1611(c); and
``(vi) work-related continuing disability reviews to
determine whether earnings derived from services demonstrate
an individual's ability to engage in substantial gainful
activity;
``(G) the number of cases of fraud identified for which
benefits were terminated as a result of medical continuing
disability reviews (as reported to the Commissioner by the
Inspector General), work-related continuing disability
reviews, and redeterminations, and the amount of resulting
savings for each such type of review or redetermination; and
``(H) the number of work-related continuing disability
reviews in which a beneficiary improperly reported earnings
derived from services for more than 3 consecutive months, and
the amount of resulting savings.''.
(b) Report on Work-related Continuing Disability Reviews.--
The Commissioner of Social Security shall annually submit to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on the number of work-related continuing disability
reviews conducted each year to determine whether earnings
derived from services demonstrate an individual's ability to
engage in substantial gainful activity. Such report shall
include--
(1) the number of individuals receiving benefits based on
disability under title II of such Act for whom reports of
earnings were received from any source by the Commissioner in
the previous calendar year, reported as a total number and
separately by the source of the report;
(2) the number of individuals for whom such reports
resulted in a determination to conduct a work-related
continuing disability review, and the basis on which such
determinations were made;
(3) in the case of a beneficiary selected for a work-
related continuing disability review on the basis of a report
of earnings from any source--
(A) the average number of days--
(i) between the receipt of the report and the initiation of
the review,
(ii) between the initiation and the completion of the
review, and
(iii) the average amount of overpayment, if any;
(B) the number of such reviews completed during such
calendar year, and the number of such reviews that resulted
in a suspension or termination of benefits;
(C) the number of such reviews initiated in the current
year that had not been completed as of the end of such
calendar year;
(D) the number of such reviews initiated in a prior year
that had not been completed as of the end of such calendar
year;
(4) the total savings to the Trust Funds and the Treasury
generated from benefits suspended or terminated as a result
of such reviews; and
(5) with respect to individuals for whom a work-related
continuing disability review was completed during such
calendar year--
(A) the number who participated in the Ticket to Work
program under section 1148 during such calendar year;
(B) the number who used any program work incentives during
such calendar year; and
(C) the number who received vocational rehabilitation
services during such calendar year with respect to which the
Commissioner of Social Security reimbursed a State agency
under section 222(d).
(c) Report on Overpayment Waivers.--Not later than January
1 of each calendar year, the Commissioner of Social Security
shall submit to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
a report on--
(1) the number and total value of overpayments recovered or
scheduled to be recovered by the Social Security
Administration during the previous fiscal year of benefits
under title II and title XVI, respectively, including
[[Page H7297]]
the terms and conditions of repayment of such overpayments;
and
(2) the number and total value of overpayments waived by
the Social Security Administration during the previous fiscal
year of benefits under title II and title XVI, respectively.
SEC. 846. EXPEDITED EXAMINATION OF ADMINISTRATIVE LAW JUDGES.
(a) In General.--Notwithstanding any other provision of
law, the Office of Personnel Management shall, upon request
of the Commissioner of Social Security, expeditiously
administer a sufficient number of competitive examinations,
as determined by the Commissioner, for the purpose of
identifying an adequate number of candidates to be appointed
as Administrative Law Judges under section 3105 of title 5,
United States Code. The first such examination shall take
place not later than April 1, 2016 and other examinations
shall take place at such time or times requested by the
Commissioner, but not later than December 31, 2022. Such
examinations shall proceed even if one or more individuals
who took a prior examination have appealed an adverse
determination and one or more of such appeals have not
concluded, provided that--
(1) the Commissioner of Social Security has made a
determination that delaying the examination poses a
significant risk that an adequate number of Administrative
Law Judges will not be available to meet the need of the
Social Security Administration to reduce or prevent a backlog
of cases awaiting a hearing;
(2) an individual whose appeal is pending is provided an
option to continue their appeal or elects to take the new
examination, in which case the appeal is considered vacated;
and
(3) an individual who decides to continue his or her appeal
and who ultimately prevails in the appeal shall receive
expeditious consideration for hire by the Office Personnel
Management and the Commissioner of Social Security.
(b) Payment of Costs.--Notwithstanding any other provision
of law, the Commissioner of Social Security shall pay the
full cost associated with each examination conducted pursuant
to subsection (a).
TITLE IX--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
SEC. 901. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
(a) In General.--Section 3101(b) of title 31, United States
Code, shall not apply for the period beginning on the date of
the enactment of this Act and ending on March 15, 2017.
(b) Special Rule Relating to Obligations Issued During
Extension Period.--Effective March 16, 2017, the limitation
in effect under section 3101(b) of title 31, United States
Code, shall be increased to the extent that--
(1) the face amount of obligations issued under chapter 31
of such title 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) outstanding on March 16, 2017,
exceeds
(2) the face amount of such obligations outstanding on the
date of the enactment of this Act.
SEC. 902. RESTORING CONGRESSIONAL AUTHORITY OVER THE NATIONAL
DEBT.
(a) Extension Limited to Necessary Obligations.--An
obligation shall not be taken into account under section
901(b)(1) unless the issuance of such obligation was
necessary to fund a commitment incurred pursuant to law by
the Federal Government that required payment before March 16,
2017.
(b) Prohibition on Creation of Cash Reserve During
Extension Period.--The Secretary of the Treasury shall not
issue obligations during the period specified in section
901(a) for the purpose of increasing the cash balance above
normal operating balances in anticipation of the expiration
of such period.
TITLE X--SPECTRUM PIPELINE
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Spectrum Pipeline Act of
2015''.
SEC. 1002. DEFINITIONS.
In this title:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Federal entity.--The term ``Federal entity'' has the
meaning given such term in section 113(l) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(l)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 1003. RULE OF CONSTRUCTION.
Each range of frequencies described in this title shall be
construed to be inclusive of the upper and lower frequencies
in the range.
SEC. 1004. IDENTIFICATION, REALLOCATION, AND AUCTION OF
FEDERAL SPECTRUM.
(a) Identification of Spectrum.--Not later than January 1,
2022, the Secretary shall submit to the President and to the
Commission a report identifying 30 megahertz of
electromagnetic spectrum (in bands of not less than 10
megahertz of contiguous frequencies) below the frequency of 3
gigahertz (except for the spectrum between the frequencies of
1675 megahertz and 1695 megahertz) for reallocation from
Federal use to non-Federal use or shared Federal and non-
Federal use, or a combination thereof.
(b) Clearing of Spectrum.--The President shall--
(1) not later than January 1, 2022, begin the process of
withdrawing or modifying the assignment to a Federal
Government station of the electromagnetic spectrum identified
under subsection (a); and
(2) not later than 30 days after completing the withdrawal
or modification, notify the Commission that the withdrawal or
modification is complete.
(c) Reallocation and Auction.--
(1) In general.--The Commission shall--
(A) reallocate the electromagnetic spectrum identified
under subsection (a) for non-Federal use or shared Federal
and non-Federal use, or a combination thereof; and
(B) notwithstanding paragraph (15)(A) of section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)), not later
than July 1, 2024, begin a system of competitive bidding
under such section to grant new initial licenses for the use
of such spectrum, subject to flexible-use service rules.
(2) Proceeds to cover 110 percent of federal relocation or
sharing costs.--Nothing in paragraph (1) shall be construed
to relieve the Commission from the requirements of section
309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(16)(B)).
SEC. 1005. ADDITIONAL USES OF SPECTRUM RELOCATION FUND.
(a) In General.--Section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Additional Payments for Research and Development and
Planning Activities.--
``(1) Amounts available.--Notwithstanding subsections (c)
through (e)--
``(A) there are appropriated from the Fund on the date of
the enactment of the Spectrum Pipeline Act of 2015, and
available to the Director of OMB for use in accordance with
paragraph (2), not more than $500,000,000 from amounts in the
Fund on such date of enactment; and
``(B) there are appropriated from the Fund after such date
of enactment, and available to the Director of OMB for use in
accordance with such paragraph, not more than 10 percent of
the amounts deposited in the Fund after such date of
enactment.
``(2) Use of amounts.--
``(A) In general.--The Director of OMB may use amounts made
available under paragraph (1) to make payments requested by
Federal entities for research and development, engineering
studies, economic analyses, activities with respect to
systems, or other planning activities intended to improve the
efficiency and effectiveness of the spectrum use of Federal
entities in order to make available frequencies described in
subparagraph (C) for reallocation for non-Federal use or
shared Federal and non-Federal use, or a combination thereof,
and for auction in accordance with such reallocation.
``(B) Systems that improve efficiency and effectiveness of
federal spectrum use.--For purposes of a payment under
subparagraph (A) for activities with respect to systems that
improve the efficiency and effectiveness of the spectrum use
of Federal entities, such systems include the following:
``(i) Systems that have increased functionality or that
increase the ability of a Federal entity to accommodate
spectrum sharing with non-Federal entities.
``(ii) Systems that consolidate functions or services that
have been provided using separate systems.
``(iii) Non-spectrum technology or systems.
``(C) Frequencies described.--The frequencies described in
this subparagraph are, with respect to a payment under
subparagraph (A), frequencies that--
``(i) are assigned to a Federal entity; and
``(ii) at the time of the activities conducted with such
payment, are not identified for auction.
``(D) Conditions.--The Director of OMB may not make a
payment to a Federal entity under subparagraph (A)--
``(i) unless--
``(I) the Federal entity has submitted to the Technical
Panel established under section 113(h)(3) a plan describing
the activities that the Federal entity will conduct with such
payment;
``(II) the Technical Panel has approved such plan under
subparagraph (E); and
``(III) the Director of OMB has submitted the plan approved
under subparagraph (E) to the congressional committees
described in subsection (d)(2)(C); and
``(ii) until 60 days have elapsed after submission of the
plan under clause (i)(III).
``(E) Review by technical panel.--
``(i) In general.--Not later than 120 days after a Federal
entity submits a plan under subparagraph (D)(i)(I) to the
Technical Panel established under section 113(h)(3), the
Technical Panel shall approve or disapprove such plan.
``(ii) Criteria for review.--In considering whether to
approve or disapprove a plan under this subparagraph, the
Technical Panel shall consider whether--
``(I) the activities that the Federal entity will conduct
with the payment will--
``(aa) increase the probability of relocation from or
sharing of Federal spectrum;
``(bb) facilitate an auction intended to occur not later
than 8 years after the payment; and
[[Page H7298]]
``(cc) increase the net expected auction proceeds in an
amount not less than the time value of the amount of the
payment; and
``(II) the transfer will leave sufficient amounts in the
Fund for the other purposes of the Fund.
``(h) Prioritization of Payments.--In determining whether
to make payments under subsections (f) and (g), the Director
of OMB shall, to the extent practicable, prioritize payments
under subsection (g).''.
(b) Administrative Support for Technical Panel.--Section
113(h)(3)(C) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(h)(3)(C)) is amended by striking ``this subsection and
subsection (i)'' and inserting ``this subsection, subsection
(i), and section 118(g)(2)(E)''.
(c) Eligible Federal Entities.--Section 113 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923) is amended--
(1) in subsection (g)--
(A) in paragraph (1)--
(i) by striking ``authorized to use a band of eligible
frequencies described in paragraph (2) and'';
(ii) by inserting ``eligible'' after ``auction of'';
(iii) by inserting ``eligible'' after ``reallocation of'';
and
(B) in paragraph (3)(A), by striking ``previously assigned
to such entity or the sharing of spectrum frequencies
assigned to such entity'' and inserting ``or the sharing of
spectrum frequencies''; and
(2) in subsection (h)(1), by striking ``authorized to use
any such frequency''.
SEC. 1006. PLANS FOR AUCTION OF CERTAIN SPECTRUM.
(a) Reports to Congress.--In accordance with each paragraph
of subsection (c), the Commission, in coordination with the
Assistant Secretary, shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing a proposed plan for the assignment
of new licenses for non-Federal use of the spectrum
identified under such paragraph, including--
(1) an assessment of the operations of Federal entities
that operate Federal Government stations authorized to use
such spectrum;
(2) an estimated timeline for the competitive bidding
process; and
(3) a proposed plan for balance between unlicensed and
licensed use.
(b) Information for Assessment of Federal Entity
Operations.--The Assistant Secretary, in coordination with
the affected Federal entities, shall provide to the
Commission the necessary information to carry out subsection
(a)(1).
(c) Report Deadlines; Identification of Spectrum.--The
Commission shall submit reports under subsection (a) as
follows:
(1) Not later than January 1, 2022, for at least 50
megahertz of spectrum (in bands of not less than 10 megahertz
of contiguous frequencies) below 6 gigahertz, to be
identified by the Commission, in coordination with the
Assistant Secretary, from spectrum other than the spectrum
identified under section 1004(a).
(2) Not later than January 1, 2024, for at least 50
megahertz of spectrum (in bands of not less than 10 megahertz
of contiguous frequencies) below 6 gigahertz, to be
identified by the Commission, in coordination with the
Assistant Secretary, from spectrum other than the spectrum
identified under paragraph (1) or section 1004(a).
SEC. 1007. FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47
U.S.C. 309(j)(11)) is amended by inserting before the period
at the end the following: ``, except that, with respect to
the electromagnetic spectrum identified under section 1004(a)
of the Spectrum Pipeline Act of 2015, such authority shall
expire on September 30, 2025''.
SEC. 1008. REPORTS TO CONGRESS.
Not later than 3 years after the date of the enactment of
this Act, the Commission shall submit to Congress--
(1) a report containing an analysis of the results of the
rules changes relating to the frequencies between 3550
megahertz and 3650 megahertz; and
(2) a report containing an analysis of proposals to promote
and identify additional spectrum bands that can be shared
between incumbent uses and new licensed, and unlicensed
services under such rules and identification of at least 1
gigahertz between 6 gigahertz and 57 GHz for such use.
TITLE XI--REVENUE PROVISIONS RELATED TO TAX COMPLIANCE
SEC. 1101. PARTNERSHIP AUDITS AND ADJUSTMENTS.
(a) Repeal of TEFRA Partnership Audit Rules.--Chapter 63 of
the Internal Revenue Code of 1986 is amended by striking
subchapter C (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(b) Repeal of Electing Large Partnership Rules.--
(1) In general.--Subchapter K of chapter 1 of such Code is
amended by striking part IV (and by striking the item
relating to such part in the table of parts for such
subchapter).
(2) Assessment rules relating to electing large
partnerships.--Chapter 63 of such Code is amended by striking
subchapter D (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(c) Partnership Audit Reform.--
(1) In general.--Chapter 63 of such Code, as amended by the
preceding provisions of this section, is amended by inserting
after subchapter B the following new subchapter:
``Subchapter C--Treatment of Partnerships
``Part I--In General
``Part II--Partnership Adjustments
``Part III--Procedure
``Part IV--Definitions and Special Rules
``PART I--IN GENERAL
``Sec. 6221. Determination at partnership level.
``Sec. 6222. Partner's return must be consistent with partnership
return.
``Sec. 6223. Designation of partnership representative.
``SEC. 6221. DETERMINATION AT PARTNERSHIP LEVEL.
``(a) In General.--Any adjustment to items of income, gain,
loss, deduction, or credit of a partnership for a partnership
taxable year (and any partner's distributive share thereof)
shall be determined, any tax attributable thereto shall be
assessed and collected, and the applicability of any penalty,
addition to tax, or additional amount which relates to an
adjustment to any such item or share shall be determined, at
the partnership level pursuant to this subchapter.
``(b) Election Out for Certain Partnerships With 100 or
Fewer Partners, etc.--
``(1) In general.--This subchapter shall not apply with
respect to any partnership for any taxable year if--
``(A) the partnership elects the application of this
subsection for such taxable year,
``(B) for such taxable year the partnership is required to
furnish 100 or fewer statements under section 6031(b) with
respect to its partners,
``(C) each of the partners of such partnership is an
individual, a C corporation, any foreign entity that would be
treated as a C corporation were it domestic, an S
corporation, or an estate of a deceased partner,
``(D) the election--
``(i) is made with a timely filed return for such taxable
year, and
``(ii) includes (in the manner prescribed by the Secretary)
a disclosure of the name and taxpayer identification number
of each partner of such partnership, and
``(E) the partnership notifies each such partner of such
election in the manner prescribed by the Secretary.
``(2) Special rules relating to certain partners.--
``(A) S corporation partners.--In the case of a partner
that is an S corporation--
``(i) the partnership shall only be treated as meeting the
requirements of paragraph (1)(C) with respect to such partner
if such partnership includes (in the manner prescribed by the
Secretary) a disclosure of the name and taxpayer
identification number of each person with respect to whom
such S corporation is required to furnish a statement under
section 6037(b) for the taxable year of the S corporation
ending with or within the partnership taxable year for which
the application of this subsection is elected, and
``(ii) the statements such S corporation is required to so
furnish shall be treated as statements furnished by the
partnership for purposes of paragraph (1)(B).
``(B) Foreign partners.--For purposes of paragraph
(1)(D)(ii), the Secretary may provide for alternative
identification of any foreign partners.
``(C) Other partners.--The Secretary may by regulation or
other guidance prescribe rules similar to the rules of
subparagraph (A) with respect to any partners not described
in such subparagraph or paragraph (1)(C).
``SEC. 6222. PARTNER'S RETURN MUST BE CONSISTENT WITH
PARTNERSHIP RETURN.
``(a) In General.--A partner shall, on the partner's
return, treat each item of income, gain, loss, deduction, or
credit attributable to a partnership in a manner which is
consistent with the treatment of such income, gain, loss,
deduction, or credit on the partnership return.
``(b) Underpayment Due to Inconsistent Treatment Assessed
as Math Error.--Any underpayment of tax by a partner by
reason of failing to comply with the requirements of
subsection (a) shall be assessed and collected in the same
manner as if such underpayment were on account of a
mathematical or clerical error appearing on the partner's
return. Paragraph (2) of section 6213(b) shall not apply to
any assessment of an underpayment referred to in the
preceding sentence.
``(c) Exception for Notification of Inconsistent
Treatment.--
``(1) In general.--In the case of any item referred to in
subsection (a), if--
``(A)(i) the partnership has filed a return but the
partner's treatment on the partner's return is (or may be)
inconsistent with the treatment of the item on the
partnership return, or
``(ii) the partnership has not filed a return, and
``(B) the partner files with the Secretary a statement
identifying the inconsistency,
subsections (a) and (b) shall not apply to such item.
``(2) Partner receiving incorrect information.--A partner
shall be treated as having complied with subparagraph (B) of
paragraph (1) with respect to an item if the partner--
``(A) demonstrates to the satisfaction of the Secretary
that the treatment of the item
[[Page H7299]]
on the partner's return is consistent with the treatment of
the item on the statement furnished to the partner by the
partnership, and
``(B) elects to have this paragraph apply with respect to
that item.
``(d) Final Decision on Certain Positions Not Binding on
Partnership.--Any final decision with respect to an
inconsistent position identified under subsection (c) in a
proceeding to which the partnership is not a party shall not
be binding on the partnership.
``(e) Addition to Tax for Failure to Comply With Section.--
For addition to tax in the case of a partner's disregard of
the requirements of this section, see part II of subchapter A
of chapter 68.
``SEC. 6223. PARTNERS BOUND BY ACTIONS OF PARTNERSHIP.
``(a) Designation of Partnership Representative.--Each
partnership shall designate (in the manner prescribed by the
Secretary) a partner (or other person) with a substantial
presence in the United States as the partnership
representative who shall have the sole authority to act on
behalf of the partnership under this subchapter. In any case
in which such a designation is not in effect, the Secretary
may select any person as the partnership representative.
``(b) Binding Effect.--A partnership and all partners of
such partnership shall be bound--
``(1) by actions taken under this subchapter by the
partnership, and
``(2) by any final decision in a proceeding brought under
this subchapter with respect to the partnership.
``PART II--PARTNERSHIP ADJUSTMENTS
``Sec. 6225. Partnership adjustment by Secretary.
``Sec. 6226. Alternative to payment of imputed underpayment by
partnership.
``Sec. 6227. Administrative adjustment request by partnership.
``SEC. 6225. PARTNERSHIP ADJUSTMENT BY SECRETARY.
``(a) In General.--In the case of any adjustment by the
Secretary in the amount of any item of income, gain, loss,
deduction, or credit of a partnership, or any partner's
distributive share thereof--
``(1) the partnership shall pay any imputed underpayment
with respect to such adjustment in the adjustment year as
provided in section 6232, and
``(2) any adjustment that does not result in an imputed
underpayment shall be taken into account by the partnership
in the adjustment year--
``(A) except as provided in subparagraph (B), as a
reduction in non-separately stated income or an increase in
non-separately stated loss (whichever is appropriate) under
section 702(a)(8), or
``(B) in the case of an item of credit, as a separately
stated item.
``(b) Determination of Imputed Underpayments.--For purposes
of this subchapter--
``(1) In general.--Except as provided in subsection (c),
any imputed underpayment with respect to any partnership
adjustment for any reviewed year shall be determined--
``(A) by netting all adjustments of items of income, gain,
loss, or deduction and multiplying such net amount by the
highest rate of tax in effect for the reviewed year under
section 1 or 11,
``(B) by treating any net increase or decrease in loss
under subparagraph (A) as a decrease or increase,
respectively, in income, and
``(C) by taking into account any adjustments to items of
credit as an increase or decrease, as the case may be, in the
amount determined under subparagraph (A).
``(2) Adjustments to distributive shares of partners not
netted.--In the case of any adjustment which reallocates the
distributive share of any item from one partner to another,
such adjustment shall be taken into account under paragraph
(1) by disregarding--
``(A) any decrease in any item of income or gain, and
``(B) any increase in any item of deduction, loss, or
credit.
``(c) Modification of Imputed Underpayments.--
``(1) In general.--The Secretary shall establish procedures
under which the imputed underpayment amount may be modified
consistent with the requirements of this subsection.
``(2) Amended returns of partners.--
``(A) In general.--Such procedures shall provide that if--
``(i) one or more partners file returns (notwithstanding
section 6511) for the taxable year of the partners which
includes the end of the reviewed year of the partnership,
``(ii) such returns take into account all adjustments under
subsection (a) properly allocable to such partners (and for
any other taxable year with respect to which any tax
attribute is affected by reason of such adjustments), and
``(iii) payment of any tax due is included with such
return,
then the imputed underpayment amount shall be determined
without regard to the portion of the adjustments so taken
into account.
``(B) Reallocation of distributive share.--In the case of
any adjustment which reallocates the distributive share of
any item from one partner to another, paragraph (2) shall
apply only if returns are filed by all partners affected by
such adjustment.
``(3) Tax-exempt partners.--Such procedures shall provide
for determining the imputed underpayment without regard to
the portion thereof that the partnership demonstrates is
allocable to a partner that would not owe tax by reason of
its status as a tax-exempt entity (as defined in section
168(h)(2)).
``(4) Modification of applicable highest tax rates.--
``(A) In general.--Such procedures shall provide for taking
into account a rate of tax lower than the rate of tax
described in subsection (b)(1)(A) with respect to any portion
of the imputed underpayment that the partnership demonstrates
is allocable to a partner which--
``(i) in the case of ordinary income, is a C corporation,
or
``(ii) in the case of a capital gain or qualified dividend,
is an individual.
In no event shall the lower rate determined under the
preceding sentence be less than the highest rate in effect
with respect to the income and taxpayer described in clause
(i) or clause (ii), as the case may be. For purposes of
clause (ii), an S corporation shall be treated as an
individual.
``(B) Portion of imputed underpayment to which lower rate
applies.--
``(i) In general.--Except as provided in clause (ii), the
portion of the imputed underpayment to which the lower rate
applies with respect to a partner under subparagraph (A)
shall be determined by reference to the partners'
distributive share of items to which the imputed underpayment
relates.
``(ii) Rule in case of varied treatment of items among
partners.--If the imputed underpayment is attributable to the
adjustment of more than 1 item, and any partner's
distributive share of such items is not the same with respect
to all such items, then the portion of the imputed
underpayment to which the lower rate applies with respect to
a partner under subparagraph (A) shall be determined by
reference to the amount which would have been the partner's
distributive share of net gain or loss if the partnership had
sold all of its assets at their fair market value as of the
close of the reviewed year of the partnership.
``(5) Other procedures for modification of imputed
underpayment.--The Secretary may by regulations or guidance
provide for additional procedures to modify imputed
underpayment amounts on the basis of such other factors as
the Secretary determines are necessary or appropriate to
carry out the purposes of this subsection.
``(6) Year and day for submission to secretary.--Anything
required to be submitted pursuant to paragraph (1) shall be
submitted to the Secretary not later than the close of the
270-day period beginning on the date on which the notice of a
proposed partnership adjustment is mailed under section 6231
unless such period is extended with the consent of the
Secretary.
``(7) Decision of secretary.--Any modification of the
imputed underpayment amount under this subsection shall be
made only upon approval of such modification by the
Secretary.
``(d) Definitions.--For purposes of this subchapter--
``(1) Reviewed year.--The term `reviewed year' means the
partnership taxable year to which the item being adjusted
relates.
``(2) Adjustment year.--The term `adjustment year' means
the partnership taxable year in which--
``(A) in the case of an adjustment pursuant to the decision
of a court in a proceeding brought under section 6234, such
decision becomes final,
``(B) in the case of an administrative adjustment request
under section 6227, such administrative adjustment request is
made, or
``(C) in any other case, notice of the final partnership
adjustment is mailed under section 6231.
``SEC. 6226. ALTERNATIVE TO PAYMENT OF IMPUTED UNDERPAYMENT
BY PARTNERSHIP.
``(a) In General.--If the partnership--
``(1) not later than 45 days after the date of the notice
of final partnership adjustment, elects the application of
this section with respect to an imputed underpayment, and
``(2) at such time and in such manner as the Secretary may
provide, furnishes to each partner of the partnership for the
reviewed year and to the Secretary a statement of the
partner's share of any adjustment to income, gain, loss,
deduction, or credit (as determined in the notice of final
partnership adjustment),
section 6225 shall not apply with respect to such
underpayment and each such partner shall take such adjustment
into account as provided in subsection (b). The election
under paragraph (1) shall be made in such manner as the
Secretary may provide and, once made, shall be revocable only
with the consent of the Secretary.
``(b) Adjustments Taken Into Account by Partner.--
``(1) Tax imposed in year of statement.--Each partner's tax
imposed by chapter 1 for the taxable year which includes the
date the statement was furnished under subsection (a) shall
be increased by the aggregate of the adjustment amounts
determined under paragraph (2) for the taxable years referred
to therein.
``(2) Adjustment amounts.--The adjustment amounts
determined under this paragraph are--
``(A) in the case of the taxable year of the partner which
includes the end of the reviewed year, the amount by which
the tax
[[Page H7300]]
imposed under chapter 1 would increase if the partner's share
of the adjustments described in subsection (a) were taken
into account for such taxable year, plus
``(B) in the case of any taxable year after the taxable
year referred to in subparagraph (A) and before the taxable
year referred to in paragraph (1), the amount by which the
tax imposed under chapter 1 would increase by reason of the
adjustment to tax attributes under paragraph (3).
``(3) Adjustment of tax attributes.--Any tax attribute
which would have been affected if the adjustments described
in subsection (a) were taken into account for the taxable
year referred to in paragraph (2)(A) shall--
``(A) in the case of any taxable year referred to in
paragraph (2)(B), be appropriately adjusted for purposes of
applying such paragraph, and
``(B) in the case of any subsequent taxable year, be
appropriately adjusted.
``(c) Penalties and Interest.--
``(1) Penalties.--Notwithstanding subsections (a) and (b),
any penalties, additions to tax, or additional amount shall
be determined as provided under section 6221 and the partners
of the partnership for the reviewed year shall be liable for
any such penalty, addition to tax, or additional amount.
``(2) Interest.--In the case of an imputed underpayment
with respect to which the application of this section is
elected, interest shall be determined--
``(A) at the partner level,
``(B) from the due date of the return for the taxable year
to which the increase is attributable (determined by taking
into account any increases attributable to a change in tax
attributes for a taxable year under subsection (b)(2)), and
``(C) at the underpayment rate under section 6621(a)(2),
determined by substituting `5 percentage points' for `3
percentage points' in subparagraph (B) thereof.
``SEC. 6227. ADMINISTRATIVE ADJUSTMENT REQUEST BY
PARTNERSHIP.
``(a) In General.--A partnership may file a request for an
administrative adjustment in the amount of one or more items
of income, gain, loss, deduction, or credit of the
partnership for any partnership taxable year.
``(b) Adjustment.--Any such adjustment under subsection (a)
shall be determined and taken into account for the
partnership taxable year in which the administrative
adjustment request is made--
``(1) by the partnership under rules similar to the rules
of section 6225 (other than paragraphs (2), (6) and (7) of
subsection (c) thereof) for the partnership taxable year in
which the administrative adjustment request is made, or
``(2) by the partnership and partners under rules similar
to the rules of section 6226 (determined without regard to
the substitution described in subsection (c)(2)(C) thereof).
In the case of an adjustment that would not result in an
imputed underpayment, paragraph (1) shall not apply and
paragraph (2) shall apply with appropriate adjustments.
``(c) Period of Limitations.--A partnership may not file
such a request more than 3 years after the later of--
``(1) the date on which the partnership return for such
year is filed, or
``(2) the last day for filing the partnership return for
such year (determined without regard to extensions).
In no event may a partnership file such a request after a
notice of an administrative proceeding with respect to the
taxable year is mailed under section 6231.
``PART 1--PROCEDURE
``Sec. 6231. Notice of proceedings and adjustment.
``Sec. 6232. Assessment, collection, and payment.
``Sec. 6233. Interest and penalties.
``Sec. 6234. Judicial review of partnership adjustment.
``Sec. 6235. Period of limitations on making adjustments.
``SEC. 6231. NOTICE OF PROCEEDINGS AND ADJUSTMENT.
``(a) In General.--The Secretary shall mail to the
partnership and the partnership representative--
``(1) notice of any administrative proceeding initiated at
the partnership level with respect to an adjustment of any
item of income, gain, loss, deduction, or credit of a
partnership for a partnership taxable year, or any partner's
distributive share thereof,
``(2) notice of any proposed partnership adjustment
resulting from such proceeding, and
``(3) notice of any final partnership adjustment resulting
from such proceeding.
Any notice of a final partnership adjustment shall not be
mailed earlier than 270 days after the date on which the
notice of the proposed partnership adjustment is mailed. Such
notices shall be sufficient if mailed to the last known
address of the partnership representative or the partnership
(even if the partnership has terminated its existence). The
first sentence shall apply to any proceeding with respect to
an administrative adjustment request filed by a partnership
under section 6227.
``(b) Further Notices Restricted.--If the Secretary mails a
notice of a final partnership adjustment to any partnership
for any partnership taxable year and the partnership files a
petition under section 6234 with respect to such notice, in
the absence of a showing of fraud, malfeasance, or
misrepresentation of a material fact, the Secretary shall not
mail another such notice to such partnership with respect to
such taxable year.
``(c) Authority to Rescind Notice With Partnership
Consent.--The Secretary may, with the consent of the
partnership, rescind any notice of a partnership adjustment
mailed to such partnership. Any notice so rescinded shall not
be treated as a notice of a partnership adjustment for
purposes of this subchapter, and the taxpayer shall have no
right to bring a proceeding under section 6234 with respect
to such notice.
``SEC. 6232. ASSESSMENT, COLLECTION, AND PAYMENT.
``(a) In General.--Any imputed underpayment shall be
assessed and collected in the same manner as if it were a tax
imposed for the adjustment year by subtitle A, except that in
the case of an administrative adjustment request to which
section 6227(b)(1) applies, the underpayment shall be paid
when the request is filed.
``(b) Limitation on Assessment.--Except as otherwise
provided in this chapter, no assessment of a deficiency may
be made (and no levy or proceeding in any court for the
collection of any amount resulting from such adjustment may
be made, begun or prosecuted) before--
``(1) the close of the 90th day after the day on which a
notice of a final partnership adjustment was mailed, and
``(2) if a petition is filed under section 6234 with
respect to such notice, the decision of the court has become
final.
``(c) Premature Action May Be Enjoined.--Notwithstanding
section 7421(a), any action which violates subsection (b) may
be enjoined in the proper court, including the Tax Court. The
Tax Court shall have no jurisdiction to enjoin any action
under this subsection unless a timely petition has been filed
under section 6234 and then only in respect of the
adjustments that are the subject of such petition.
``(d) Exceptions to Restrictions on Adjustments.--
``(1) Adjustments arising out of math or clerical errors.--
``(A) In general.-- If the partnership is notified that, on
account of a mathematical or clerical error appearing on the
partnership return, an adjustment to a item is required,
rules similar to the rules of paragraphs (1) and (2) of
section 6213(b) shall apply to such adjustment.
``(B) Special rule.--If a partnership is a partner in
another partnership, any adjustment on account of such
partnership's failure to comply with the requirements of
section 6222(a) with respect to its interest in such other
partnership shall be treated as an adjustment referred to in
subparagraph (A), except that paragraph (2) of section
6213(b) shall not apply to such adjustment.
``(2) Partnership may waive restrictions.--The partnership
may at any time (whether or not any notice of partnership
adjustment has been issued), by a signed notice in writing
filed with the Secretary, waive the restrictions provided in
subsection (b) on the making of any partnership adjustment.
``(e) Limit Where No Proceeding Begun.--If no proceeding
under section 6234 is begun with respect to any notice of a
final partnership adjustment during the 90-day period
described in subsection (b) thereof, the amount for which the
partnership is liable under section 6225 shall not exceed the
amount determined in accordance with such notice.
``SEC. 6233. INTEREST AND PENALTIES.
``(a) Interest and Penalties Determined From Reviewed
Year.--
``(1) In general.--Except to the extent provided in section
6226(c), in the case of a partnership adjustment for a
reviewed year--
``(A) interest shall be computed under paragraph (2), and
``(B) the partnership shall be liable for any penalty,
addition to tax, or additional amount as provided in
paragraph (3).
``(2) Determination of amount of interest.--The interest
computed under this paragraph with respect to any partnership
adjustment is the interest which would be determined under
chapter 67 for the period beginning on the day after the
return due date for the reviewed year and ending on the
return due date for the adjustment year (or, if earlier, the
date payment of the imputed underpayment is made). Proper
adjustments in the amount determined under the preceding
sentence shall be made for adjustments required for
partnership taxable years after the reviewed year and before
the adjustment year by reason of such partnership adjustment.
``(3) Penalties.--Any penalty, addition to tax, or
additional amount shall be determined at the partnership
level as if such partnership had been an individual subject
to tax under chapter 1 for the reviewed year and the imputed
underpayment were an actual underpayment (or understatement)
for such year.
``(b) Interest and Penalties With Respect to Adjustment
Year Return.--
``(1) In general.--In the case of any failure to pay an
imputed underpayment on the date prescribed therefor, the
partnership shall be liable--
``(A) for interest as determined under paragraph (2), and
``(B) for any penalty, addition to tax, or additional
amount as determined under paragraph (3).
``(2) Interest.--Interest determined under this paragraph
is the interest that would be determined by treating the
imputed underpayment as an underpayment of tax imposed in the
adjustment year.
``(3) Penalties.--Penalties, additions to tax, or
additional amounts determined under
[[Page H7301]]
this paragraph are the penalties, additions to tax, or
additional amounts that would be determined--
``(A) by applying section 6651(a)(2) to such failure to
pay, and
``(B) by treating the imputed underpayment as an
underpayment of tax for purposes of part II of subchapter A
of chapter 68.
``SEC. 6234. JUDICIAL REVIEW OF PARTNERSHIP ADJUSTMENT.
``(a) In General.--Within 90 days after the date on which a
notice of a final partnership adjustment is mailed under
section 6231 with respect to any partnership taxable year,
the partnership may file a petition for a readjustment for
such taxable year with--
``(1) the Tax Court,
``(2) the district court of the United States for the
district in which the partnership's principal place of
business is located, or
``(3) the Claims Court.
``(b) Jurisdictional Requirement for Bringing Action in
District Court or Claims Court.--
``(1) In general.--A readjustment petition under this
section may be filed in a district court of the United States
or the Claims Court only if the partnership filing the
petition deposits with the Secretary, on or before the date
the petition is filed, the amount of the imputed underpayment
(as of the date of the filing of the petition) if the
partnership adjustment was made as provided by the notice of
final partnership adjustment. The court may by order provide
that the jurisdictional requirements of this paragraph are
satisfied where there has been a good faith attempt to
satisfy such requirement and any shortfall of the amount
required to be deposited is timely corrected.
``(2) Interest payable.--Any amount deposited under
paragraph (1), while deposited, shall not be treated as a
payment of tax for purposes of this title (other than chapter
67).
``(c) Scope of Judicial Review.--A court with which a
petition is filed in accordance with this section shall have
jurisdiction to determine all items of income, gain, loss,
deduction, or credit of the partnership for the partnership
taxable year to which the notice of final partnership
adjustment relates, the proper allocation of such items among
the partners, and the applicability of any penalty, addition
to tax, or additional amount for which the partnership may be
liable under this subchapter.
``(d) Determination of Court Reviewable.--Any determination
by a court under this section shall have the force and effect
of a decision of the Tax Court or a final judgment or decree
of the district court or the Claims Court, as the case may
be, and shall be reviewable as such. The date of any such
determination shall be treated as being the date of the
court's order entering the decision.
``(e) Effect of Decision Dismissing Action.--If an action
brought under this section is dismissed other than by reason
of a rescission under section 6231(c), the decision of the
court dismissing the action shall be considered as its
decision that the notice of final partnership adjustment is
correct, and an appropriate order shall be entered in the
records of the court.
``SEC. 6235. PERIOD OF LIMITATIONS ON MAKING ADJUSTMENTS.
``(a) In General.--Except as otherwise provided in this
section, no adjustment under this subpart for any partnership
taxable year may be made after the later of--
``(1) the date which is 3 years after the latest of--
``(A) the date on which the partnership return for such
taxable year was filed,
``(B) the return due date for the taxable year, or
``(C) the date on which the partnership filed an
administrative adjustment request with respect to such year
under section 6227, or
``(2) in the case of any modification of an imputed
underpayment under section 6225(c), the date that is 270 days
(plus the number of days of any extension consented to by the
Secretary under paragraph (4) thereof) after the date on
which everything required to be submitted to the Secretary
pursuant to such section is so submitted, or
``(3) in the case of any notice of a proposed partnership
adjustment under section 6231(a)(2), the date that is 270
days after the date of such notice.
``(b) Extension by Agreement.--The period described in
subsection (a) (including an extension period under this
subsection) may be extended by an agreement entered into by
the Secretary and the partnership before the expiration of
such period.
``(c) Special Rule in Case of Fraud, etc.--
``(1) False return.--In the case of a false or fraudulent
partnership return with intent to evade tax, the adjustment
may be made at any time.
``(2) Substantial omission of income.--If any partnership
omits from gross income an amount properly includible therein
and such amount is described in section 6501(e)(1)(A),
subsection (a) shall be applied by substituting `6 years' for
`3 years'.
``(3) No return.--In the case of a failure by a partnership
to file a return for any taxable year, the adjustment may be
made at any time.
``(4) Return filed by secretary.--For purposes of this
section, a return executed by the Secretary under subsection
(b) of section 6020 on behalf of the partnership shall not be
treated as a return of the partnership.
``(d) Suspension When Secretary Mails Notice of
Adjustment.--If notice of a final partnership adjustment with
respect to any taxable year is mailed under section 6231, the
running of the period specified in subsection (a) (as
modified by the other provisions of this section) shall be
suspended--
``(1) for the period during which an action may be brought
under section 6234 (and, if a petition is filed under such
section with respect to such notice, until the decision of
the court becomes final), and
``(2) for 1 year thereafter.
``PART 2--DEFINITIONS AND SPECIAL RULES
``Sec. 6241. Definitions and special rules.
``SEC. 6241. DEFINITIONS AND SPECIAL RULES.
``For purposes of this subchapter--
``(1) Partnership.--The term `partnership' means any
partnership required to file a return under section 6031(a).
``(2) Partnership adjustment.--The term `partnership
adjustment' means any adjustment in the amount of any item of
income, gain, loss, deduction, or credit of a partnership, or
any partner's distributive share thereof.
``(3) Return due date.--The term `return due date' means,
with respect to the taxable year, the date prescribed for
filing the partnership return for such taxable year
(determined without regard to extensions).
``(4) Payments nondeductible.--No deduction shall be
allowed under subtitle A for any payment required to be made
by a partnership under this subchapter.
``(5) Partnerships having principal place of business
outside united states.--For purposes of sections 6234, a
principal place of business located outside the United States
shall be treated as located in the District of Columbia.
``(6) Partnerships in cases under title 11 of united states
code.--
``(A) Suspension of period of limitations on making
adjustment, assessment, or collection.--The running of any
period of limitations provided in this subchapter on making a
partnership adjustment (or provided by section 6501 or 6502
on the assessment or collection of any imputed underpayment
determined under this subchapter) shall, in a case under
title 11 of the United States Code, be suspended during the
period during which the Secretary is prohibited by reason of
such case from making the adjustment (or assessment or
collection) and--
``(i) for adjustment or assessment, 60 days thereafter, and
``(ii) for collection, 6 months thereafter.
A rule similar to the rule of section 6213(f)(2) shall apply
for purposes of section 6232(b).
``(B) Suspension of period of limitation for filing for
judicial review.--The running of the period specified in
section 6234 shall, in a case under title 11 of the United
States Code, be suspended during the period during which the
partnership is prohibited by reason of such case from filing
a petition under section 6234 and for 60 days thereafter.
``(7) Treatment where partnership ceases to exist.--If a
partnership ceases to exist before a partnership adjustment
under this subchapter takes effect, such adjustment shall be
taken into account by the former partners of such partnership
under regulations prescribed by the Secretary.
``(8) Extension to entities filing partnership return.--If
a partnership return is filed by an entity for a taxable year
but it is determined that the entity is not a partnership (or
that there is no entity) for such year, then, to the extent
provided in regulations, the provisions of this subchapter
are hereby extended in respect of such year to such entity
and its items and to persons holding an interest in such
entity.''.
(2) Clerical amendment.--The table of subchapters for
chapter 63 of the Internal Revenue Code of 1986, as amended
by the preceding provisions of this section, is amended by
inserting after the item relating to subchapter B the
following new item:
``subchapter c. treatment of partnerships.''.
(d) Binding Nature of Partnership Adjustment Proceedings.--
Section 6330(c)(4) of such Code is amended by striking ``or''
at the end of subparagraph (A), by striking the period at the
end of subparagraph (B) and inserting ``; or'', and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) a final determination has been made with respect to
such issue in a proceeding brought under subchapter C of
chapter 63.''.
(e) Restriction on Authority to Amend Partner Information
Statements.--Section 6031(b) of such Code is amended by
adding at the end the following: ``Except as provided in the
procedures under section 6225(c), with respect to statements
under section 6226, or as otherwise provided by the
Secretary, information required to be furnished by the
partnership under this subsection may not be amended after
the due date of the return under subsection (a) to which such
information relates.''.
(f) Conforming Amendments.--
(1) Section 6031(b) of such Code is amended by striking the
last sentence.
(2) Section 6422 of such Code is amended by striking
paragraph (12).
(3) Section 6501(n) of such Code is amended by striking
paragraphs (2) and (3) and by striking ``Cross References''
and all that follows through ``For period of limitations''
and inserting ``Cross Reference.--For period of
limitations''.
(4) Section 6503(a)(1) of such Code is amended by striking
``(or section 6229'' and all that follows through ``of
section 6230(a))''.
[[Page H7302]]
(5) Section 6504 of such Code is amended by striking
paragraph (11).
(6) Section 6511 of such Code is amended by striking
subsection (g).
(7) Section 6512(b)(3) of such Code is amended by striking
the second sentence.
(8) Section 6515 of such Code is amended by striking
paragraph (6).
(9) Section 6601(c) of such Code is amended by striking the
last sentence.
(10) Section 7421(a) of such Code is amended by striking
``6225(b), 6246(b)'' and inserting ``6232(c)''.
(11) Section 7422 of such Code is amended by striking
subsection (h).
(12) Section 7459(c) of such Code is amended by striking
``section 6226'' and all that follows through ``or 6252'' and
inserting ``section 6234''.
(13) Section 7482(b)(1) of such Code is amended--
(A) in subparagraph (E), by striking ``section 6226, 6228,
6247, or 6252'' and inserting ``section 6234'',
(B) by striking subparagraph (F), by striking ``or'' at the
end of subparagraph (E) and inserting a period, and by
inserting ``or'' at the end of subparagraph (D), and
(C) in the last sentence, by striking ``section 6226,
6228(a), or 6234(c)'' and inserting ``section 6234''.
(14) Section 7485(b) of such Code is amended by striking
``section 6226, 6228(a), 6247, or 6252'' and inserting
``section 6234''.
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to returns filed for partnership taxable years beginning
after December 31, 2017.
(2) Administrative adjustment requests.--In the case of
administrative adjustment request under section 6227 of such
Code, the amendments made by this section shall apply to
requests with respect to returns filed for partnership
taxable years beginning after December 31, 2017.
(3) Adjusted partners statements.--In the case of a
partnership electing the application of section 6226 of such
Code, the amendments made by this section shall apply to
elections with respect to returns filed for partnership
taxable years beginning after December 31, 2017.
(4) Election.--A partnership may elect (at such time and in
such form and manner as the Secretary of the Treasury may
prescribe) for the amendments made by this section (other
than the election under section 6221(b) of such Code (as
added by this Act)) to apply to any return of the partnership
filed for partnership taxable years beginning after the date
of the enactment of this Act and before January 1, 2018.
SEC. 1102. PARTNERSHIP INTERESTS CREATED BY GIFT.
(a) In General.--Section 761(b) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``In the case of a capital interest in a partnership in which
capital is a material income-producing factor, whether a
person is a partner with respect to such interest shall be
determined without regard to whether such interest was
derived by gift from any other person.''.
(b) Conforming Amendments.--Section 704(e) of such Code is
amended--
(1) by striking paragraph (1) and by redesignating
paragraphs (2) and (3) as paragraphs (1) and (2),
respectively,
(2) by striking ``this section'' in paragraph (2) (as so
redesignated) and inserting ``this subsection'', and
(3) by striking ``Family Partnerships'' in the heading and
inserting ``Partnership Interests Created by Gift''.
(c) Effective Date.--The amendments made by this section
shall apply to partnership taxable years beginning after
December 31, 2015.
TITLE XII--DESIGNATION OF SMALL HOUSE ROTUNDA
SEC. 1201. DESIGNATING SMALL HOUSE ROTUNDA AS ``FREEDOM
FOYER''.
The first floor of the area of the House of Representatives
wing of the United States Capitol known as the small House
rotunda is designated the ``Freedom Foyer''.
The SPEAKER pro tempore. Pursuant to House Resolution 495, the motion
shall be debatable for 1 hour equally divided and controlled by the
majority leader and the minority leader or their designees.
The gentleman from Kentucky (Mr. Rogers) and the gentleman from
Maryland (Mr. Van Hollen) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. ROGERS of Kentucky. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on the further
consideration of H.R. 1314, and that I may include tabular material on
the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. ROGERS of Kentucky. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise today to present the House amendment to the
Senate amendment to H.R. 1314, the Bipartisan Budget Agreement of 2015,
an agreement that helps advance this Nation toward our goals of fiscal
stability, strong national security, and entitlement reform.
These are goals that we have been advocating for years, ones that
will secure significant long-term savings, provide our economy with the
certainty needed to grow and prosper, and ensure the readiness of our
military to meet current and emerging threats.
First, this agreement prevents the economic damage of a default,
which could happen as early as next week, by suspending the debt limit
through March 2017.
Next, the agreement includes the first significant reform to Social
Security since 1983. These structural reforms will help maintain the
solvency of vital Social Security trust funds by closing loopholes,
increasing program integrity, and cracking down on fraud, resulting in
$168 billion in long-term savings. The agreement also finds savings in
other mandatory programs, including over $30 billion in Medicare
entitlement savings.
As I have said many, many times before--and I have heard it said many
times by others here on the floor--mandatory and entitlement programs
make up two-thirds of the Nation's budget and are the primary drivers
of our deficits and our debt. In fact, we have saved $195 billion on
discretionary spending in these last 4 years. In the meantime, the
entitlement-mandatory side of the budget continues to zoom skyward.
Reforms to these programs are necessary and overdue, and I hope that
this bill today paves the way for additional action in the future.
This bill also repeals a flawed provision of the President's
healthcare law, eliminating the automatic enrollment mandate that
forces workers into employer-sponsored healthcare coverage that they
may not want or need.
Finally--and, in my opinion, most importantly--this agreement
provides for new top-line spending caps for the next 2 years. This will
roll back the harmful, automatic, meat-ax approach of sequestration
cuts which gut important Federal programs and slice the good with the
bad, including slicing into our military strength.
A 2-year plan, why is that so important? Well, it provides much-
needed certainty to the appropriations process and to the Defense
Department and all the other agencies of the government, ensuring our
ability to make thoughtful, responsible funding decisions over that
time.
Having established agreed-upon, top-line numbers for both fiscal 2016
and 2017 will allow Congress to do its work on behalf of the American
people and avoid a harmful government shutdown or the threat thereof.
This is particularly crucial when it comes to our national security. It
provides the Pentagon with the certainty needed to plan for the future,
maintain readiness, and provide for our troops.
These adjustments are fully offset by mandatory spending cuts and
other savings, not through tax increases, as the administration
proposed in its budget submission earlier this year.
These new levels do not undermine our remarkable success in limiting
Federal discretionary spending. Since 2011, as I have said before, we
have reduced discretionary spending--that is what we appropriate here
on the floor--by $175 billion. We remain on track to save taxpayers
more than $2 trillion if you extrapolate those numbers through 2024.
With passage of this important agreement, my committee stands ready,
coiled, poised to implement the details of this deal, going line by
line through budgets and making the tough, but necessary, decisions to
fund the entire government in a responsible way.
We will begin work with our Senate counterparts as soon as this bill
is signed.
We have our eye on the December 11 deadline, and it is my goal to
complete our appropriations work ahead of that date to avoid any more
delays, continuing resolutions, or shutdown showdowns that hurt
important Federal programs, our economy, and, coincidentally, the trust
of the people in the Congress.
[[Page H7303]]
I want to thank and commend our leaders for their courage, their
tenacity, and their resolve. While I know that this deal is not
perfect, there are things I would change if I had the chance. The
process by which it emerged is less than ideal. I believe, still, it is
in the best interest of the country that we move forward with this
arrangement.
This agreement takes steps in the right direction, from finding
savings in our entitlement programs to protecting our economy from a
dangerous default, to providing for the future of the Nation through
funding certainty.
These are goals that I believe we can all get behind. So I ask my
colleagues to support this bipartisan agreement today.
I reserve the balance of my time.
{time} 1545
Mr. VAN HOLLEN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I want to start by joining the comments of the
chairman of the Committee on Appropriations, Mr. Rogers, in
congratulating all those who came together to iron out their
differences and produce this agreement.
It is not a perfect agreement, but it is far better than the
alternative, the alternative which we would have seen which would have
produced great damage to the economy, as opposed to this agreement,
which will help boost economic growth and make important national
investments.
What a difference a week makes, Madam Speaker. Just last week, we had
on the floor of this House a bill that would have jeopardized the full
faith and credit of the United States. It was a piece of legislation
that says the United States Government only has to pay some of its
bills, doesn't have to pay all of its bills. That would have been an
awful precedent that would have put the economy at risk.
Even worse, it said, well, when we decide which bills we are going to
pay, we are first going to pay all the bondholders, like China and the
folks on Wall Street, rather than our soldiers and our veterans and the
doctors who provide Medicare to our seniors. I am glad we have gotten
beyond that, Madam Speaker.
This will ensure the full faith and credit of the United States. It
will also lift the very damaging sequester caps that have been put in
place that, according to the nonpartisan Congressional Budget Office,
were going to slow down economic growth over the next couple years.
Instead, we are going to be able to make some vital investments in
key areas: in education, in scientific research, in transportation, and
in military readiness. Now, I know those decisions are going to be left
to Mr. Rogers and the appropriators, and I wish them all the best in
making those decisions. I hope we come back by mid-December with an
agreement to go forward without further threats of government shutdown.
This agreement at least provides the room and space to make those
important investments. It also prevents a looming 20 percent cut in
Social Security disability benefits and provides that reassurance to
millions of Americans who otherwise would have been on the edge.
It prevents what would have been a whopping increase in Medicare part
B premiums for millions of seniors around this country, who would have
been stretched extremely thin and probably not been able to make all
their payments--whether they were mortgage payments, rent payments, or
food payments--at the same time they were facing those huge Medicare
part B premium increases. So that was addressed as well.
Now, like Mr. Rogers, there are lots of things that I would like to
have seen in this bill that are not included; but on balance, this is
an important step forward, certainly a great improvement over where we
were just a week ago.
So, again, I want to express my gratitude to everybody who helped
make this possible.
Madam Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. Sessions), the distinguished chairman of the
House Committee on Rules.
Mr. SESSIONS. Madam Speaker, last night in the Committee on Rules we
looked at this bill. We talked about it and its importance to the
Nation.
Madam Speaker, first let me say that this is an agreement between the
White House, the Senate, and the House. This is an agreement that we
can move forward on and avoid many destructive things that might have
happened not only to the American people and the economy, but, really,
our own credibility. Our ability to work together at this very careful
time is important so that we show the American people that this can
happen.
There are a lot of things that I agree and disagree with that were
said. First of all, harm the economy? Good gosh, when you only have a 1
percent GDP growth, the President has already done that with massive
tax increases. The President has done that with rules and regulations.
We are trying to make sure that what we are doing in this bill is to
stick to the Republican plan.
What is the Republican plan? It has been--going into our sixth year--
that we are going to hold government spending flat. We do that
essentially not only with a CR, which we will do again in a few weeks,
but through effective use of sequestration. What we have done is been
able to take the sequestration dollars and to utilize them in such a
way that, as the chairman was speaking about, we are pulling in
mandatory spending.
We believe, after 5 years of staying flat with government spending,
that we are in a more dangerous world than ever, and our military must
have more money, our security operations must have more money. What we
are going to do is to look at the entire process, come up with an idea
about bringing in more money that funds our security, that funds our
military, and offsets that so that we can do this by looking at long-
term mandatory spending that will bring in over 170 billion dollars'
worth of savings over the mirror that we look at, over the timeframe
that is important for the American people to have confidence that we
will not bankrupt this country and that we can continue.
Now, the bottom line to this whole exercise is that what we have done
is worked together. Working together, we now have a plan to move
forward; and we will simply go to the next exercise, and that is
funding the government for the year.
The Republican plan is simple. We are not going to give this
government one extra penny to put us into a bankruptcy circumstance,
but we are asking also, back, that the President of the United States
give us an opportunity to grow our economy. Taxes are too high, and we
have too many rules and regulations; but the Republican Party will
stick to our plan, and that is what we are doing here.
Mr. VAN HOLLEN. Madam Speaker, I am pleased to yield 3 minutes to the
gentleman from Michigan (Mr. Levin), the distinguished ranking member
of the Committee on Ways and Means.
(Mr. LEVIN asked and was given permission to revise and extend his
remarks.)
Mr. LEVIN. Madam Speaker, first and foremost, this bill takes the
important step of protecting the full faith and credit of the United
States. We will pay our obligations--and not only to foreign
bondholders, but to our citizens, whether veterans or our children--
unlike the Republican majority bill last week.
It protects millions of seniors from a 50 percent increase in their
monthly Medicare part B premiums and spreads out the cost of paying for
the fix over a number of years. It ensures that all 11 million
Americans that rely on Social Security disability insurance won't see
their benefits cut by 20 percent. It is fiscally responsible, while not
undermining or changing the structure of vital programs in any way.
Let me repeat that. It is fiscally responsible, while not undermining
or changing the structure of vital programs in any way.
It ensures, in Social Security, a uniform national process for
disability evaluations, and it closes a loophole used mostly by higher
income individuals to receive higher Social Security benefits than
intended. It regularizes payments in Medicare for care given in
outpatient facilities.
Finally, the agreement raises the spending caps for 2 years for
domestic
[[Page H7304]]
spending, not only for defense priorities, as some have earlier
proposed. I just want to repeat that so it is clear. The agreement
raises the spending caps for 2 years for both domestic and defense
spending. That means we can better fund critical domestic programs that
were cut under sequestration, increasing support for education, health
research, food safety, job training, and health care for veterans.
This was a product of a lot of effort, of Members, of staff in
various committees, the leadership on a bipartisan basis working with
the administration. I just want to leave expressing my support and
expressing we will truly have a broad, bipartisan vote for this bill
today.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from New Jersey (Mr. Frelinghuysen), the distinguished
chairman of the Subcommittee on Defense of the Committee on
Appropriations.
Mr. FRELINGHUYSEN. Madam Speaker, I will be brief.
I rise in support of the agreement before us this afternoon.
Madam Speaker, as my colleagues are aware, the Department of Defense
and the intelligence community have borne the brunt of our efforts to
reduce the budget deficit and control our burgeoning national debt.
Under the Budget Control Act of 2011, roughly half of all the
discretionary spending reductions were taken from programs in the
national security area.
My colleagues, 2011 was a different time. The security environment
has changed significantly. Since that time, threats from terrorist
groups and nation-states have risen dramatically. The security spending
reductions envisioned 4 years ago seem extremely unwise and dangerous
today.
In this agreement, the Department of Defense will receive additional
resources, badly needed resources: $30 billion this year, and $15
billion next year. But almost more important, this agreement gives the
Pentagon and our intelligence community predictability, certainty, the
ability to organize and plan its activities for 2 years. It also gives
our soldiers and their families a degree of certainty that they will be
supported as they do the work of freedom.
Senior leaders of the Army, Navy, Air Force, and Marines--and the
Department itself--will now be able to plan as to how they will
configure, equip, train, sustain, and deploy our forces in the most
effective and efficient manner possible. This ability will result in
budget savings and a more effective fighting force.
Madam Speaker, this agreement is by no means perfect, but this
agreement does require support because it provides predictable funding
for our Nation's security at a time of changing and growing defense.
Every Member ought to support it.
Mr. VAN HOLLEN. Madam Speaker, I yield 2 minutes to the gentleman
from the great State of Maryland (Mr. Cummings), the very distinguished
ranking member of the Committee on Oversight and Government Reform.
Mr. CUMMINGS. Madam Speaker, I rise in support of the Bipartisan
Budget Agreement.
I am very encouraged that this agreement includes provisions from my
bill, H.R. 2391, the Medicaid Generic Drug Price Fairness Act, which I
introduced back on May 18. My legislation requires generic drug
manufacturers to provide rebates to Medicaid when they raise prices
faster than the rate of inflation.
My legislation will help Americans get lifesaving prescriptions they
need. It will save $1 billion over 10 years, according to the
Congressional Budget Office.
Just this morning, the nonpartisan Kaiser Family Foundation issued a
report finding that this issue, the skyrocketing prices of prescription
drugs, is the number one healthcare priority for the American people.
The report found that 77 percent of those surveyed, including
Democrats, Republicans, and Independents, identified the issue as their
top health concern overall.
This legislation is a strong and welcome step to help keep drugs
affordable, but we must do more. We need to investigate drug companies
that are taking advantage of the American people by jacking up their
prices just to boost corporate profits and make their executives rich.
Over the past month, press reports have been filled with almost daily
accounts of drug company executives trying to justify the obscene price
increases while lining their pockets. My colleagues may have heard
about the so-called ``pharma bro'' Martin Shkreli, who increased the
price of a drug that treats life-threatening infections from about $14
to $750 overnight. He then called his price gouging ``a great thing for
society.''
My colleagues also may have heard about Michael Pearson, the CEO of
Valeant Pharmaceuticals, which increased the prices of two drugs used
to treat heart failure and hypertension by 212 percent and 525 percent
on the same day it acquired them. This company is currently obstructing
congressional oversight and refusing to provide documents relating to
its increases.
I am very pleased to support this budget bill, and I urge my
colleagues to vote in favor of it.
{time} 1600
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. Thornberry), the distinguished chairman of
the House Armed Services Committee.
Mr. THORNBERRY. Madam Speaker, if one takes into account the effects
of inflation, we cut our military budget 21 percent from 2010 to 2014.
Madam Speaker, I think everybody in this body will acknowledge the
world is not 21 percent safer today than it was just 4 years ago.
As a matter of fact, if you look around the world, whether it is the
growth of ISIS into more countries or the continued challenge of al
Qaeda and its various affiliates, to the morass of Syria with historic
Russian re-insertion today, to China building islands in the South
Pacific, to North Korea's saber rattling, to Iran intentionally
violating an agreement it made on its missile testing just after the
U.S. ratified the nuclear deal, to daily cyber attacks, the world is
growing increasingly dangerous.
Into that danger we send men and women who wear the uniform of the
United States to meet that danger. Yet, we cut their budget 21 percent.
We saw last week the President of the United States used them as a
political bargaining chip to try to force Congress to comply with his
domestic agenda.
The bottom line for me, Madam Speaker, is our troops deserve better
than that. That is the reason I support this Bipartisan Budget Act of
2014. It stops the cuts in defense.
It increases the money going to our troops. It prevents them from
being used as a bargaining chip in the future because it sets the
military budget for fiscal year 2016 and fiscal year 2017 so that that
is decided. They can't be used as leverage for some other agenda. I
think that is the sort of stability and predictability they need and
that they deserve.
I think the great question, Madam Speaker, is: If not this, then
what?
We know that this budget agreement at least comes close to meeting
what the President has asked for on defense and comes close to the
Congressional budget, within $5 billion.
Now, that is not enough money to repair all the damage that has been
done over the past 5 years, but it is in the ball park. If we do not
approve this budget, then what?
Well, then we are back to continuing resolutions and sequester, which
means, for example, the Army has said they will have to cut another
40,000 troops out of their ranks on top of the 70,000 they have already
cut.
Now, that is just a sampling of what not passing this bill could well
mean. If we go back to CRs and the sequester level, it would be drastic
reductions to the military, a much less safe world for the United
States and its interests.
I believe that this measure, on that basis alone, deserves our
support.
Mr. VAN HOLLEN. Madam Speaker, I yield myself such time as I may
consume.
I agree with the gentleman that the investments in military readiness
are important. I also believe the investments to help our economy grow
and invest in education and scientific research are important.
What the President said to the Congress is what the vast majority of
the American public believed, that it is
[[Page H7305]]
vital to have a strong national defense. But a strong national defense
requires a strong economy. It requires an educated workforce. It
requires investments in innovation and technology. It requires a 21st
century infrastructure.
So I am pleased that the President insisted that we make investments
not just in the military, but also vital investments to help the
economy grow, grow more jobs, which are estimated to be in the range of
350,000 in 2016 alone. So those are vital investments that also help
strengthen America.
Madam Speaker, I yield 2 minutes to the gentlewoman from New York
(Mrs. Lowey), somebody who has been on the front lines of making those
important investments for our country, the very distinguished ranking
member of the Appropriations Committee.
Mrs. LOWEY. Madam Speaker, as ranking member of the Appropriations
Committee, I rise to support this bipartisan legislation that ensures
the full faith and credit of the United States and sets a path to a
responsible appropriations process this year and next.
Since the beginning of this year's appropriations process, Democrats
have called for relief from damaging, austerity-level budget caps so
Congress can invest in our Nation's future.
Unfortunately, the majority's budget resolution and appropriation
bills would have strangled economic growth and not met our Nation's
needs with cuts to Pell Grants that help families pay college tuition
and law enforcement grants, for example. The list goes on and on.
From the start of the appropriations process, I urged my majority
colleagues to negotiate reasonable spending caps that protect our
economy and national priorities.
I am pleased these talks finally happened and resulted in this
bipartisan package that provides an additional $40 billion for defense,
$40 billion for non-defense, over 2 years. These investments are
critical.
Upon its passage, I look forward to working together in a similarly
responsible manner to reach bipartisan consensus on the spending bills
to avoid a government shutdown in mid-December.
I urge passage of this bill so we can immediately begin our
appropriations work, already overdue.
Mr. ROGERS of Kentucky. Madam Speaker, may I inquire of the time
remaining?
The SPEAKER pro tempore. The gentleman from Kentucky has 15\1/2\
minutes remaining. The gentleman from Maryland has 19 minutes
remaining.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from Florida (Mr. Diaz-Balart), the chairman of the
Subcommittee on Transportation and Housing and Urban Development.
Mr. DIAZ-BALART. I thank the chairman.
Madam Speaker, I, in essence, only want to make four brief points.
Number one is that, I, too, have concerns with lots of parts of this
bill. There are parts that I wish were different. I think all of us do.
But there are a number of reasons why I think it is important that we
move forward on this legislation.
Number one, this helps avoid a devastating hit to senior citizens in
the district that I represent and, frankly, senior citizens across the
entire country that deserve to be protected by those of us that
represent them up here in Washington.
Number two, when we are able to move forward on the appropriations
process, which this legislation will allow us to do, that is a way that
allows every Member of this House to have input. Every Member of this
House has been part of that process.
So for those of us who believe in regular order and inclusiveness and
in making sure that every Member has a word and a say as to how we move
forward, this bill will allow us to move forward on that very open
process.
Lastly--and we have heard this before--it is no secret that the world
has gotten a lot more dangerous, and you have heard the numbers. We are
devastating our military at a time when we are asking them to do more
and more and when the world is becoming more and more dangerous.
So let me just leave with this last, final point. Are we going to
allow our military to continue to receive cuts at a time when they
should actually be helped and should actually have increased spending
or are we going to permit the devastating of our men and women in
uniform, of the U.S. military, at this time in our history?
My dear friends, I, for one, am not going to sit back, if I can do
anything about it, and allow the U.S. military to be devastated by more
budget cuts.
So, therefore, I respectfully urge a ``yes'' vote on this
legislation.
Mr. VAN HOLLEN. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Minnesota (Mr. Ellison), a distinguished member of the
Financial Services Committee.
Mr. ELLISON. Madam Speaker, I thank the gentleman for the time.
I plan on voting for this bill, but I am not here to pound and
celebrate that.
It does things that are good. It lifts the debt ceiling and puts us
in a position where we don't have to fear defaulting on America's
debts. It avoids ruinous cuts in Medicare part B, and disability
insurance benefit cuts won't go down.
But the fact is no one here, no one in this room, can say that this
piece of legislation that we are looking at now is going to advance
America, bring us progress that we actually really need.
Do you know that, since 2012, we have seen 640 fewer National
Institutes of Health grants? We haven't been making the investments we
need in embassy security, housing, health care, education. We are not
advancing America.
This is not a progress budget. This is a survival budget. And we need
to survive; so, I'm going to vote for this piece of legislation.
But we must come to the moment in time when we are looking to advance
our country, to move forward and offer real leadership to the world,
rather than just obsessing over how much we can cut and how much we can
take.
The fact is that the Progressive Caucus offered a budget. It meets
our minimal conditions, but it doesn't advance our real progress that
we need.
We have principles that we have been talking about that are about
pushing this country forward: child nutrition, affordable care, college
education, housing, transit. This is what is going to make our country
strong.
This budget keeps us above water, keeps us from defaulting on our
debts, and that is a good thing. But can't we do more?
Mr. ROGERS of Kentucky. Madam Speaker, I yield 3 minutes to the
gentleman from California (Mr. Issa).
Mr. ISSA. Madam Speaker, I am a member of the majority.
When the majority brings a bill to the floor, you normally start off
with ``yes'' and hope to stay there. In this case, I started off with
``likely'' and didn't arrive at a ``yes.'' So, reluctantly, I am going
to vote ``no'' on this bill.
I am not going to vote ``no'' because of what it seeks to do. I am
certainly not going to vote ``no'' knowing that we need to fund our
troops in the field in a war that has dragged on for 15 years and now
has re-ignited.
But I am going to vote ``no'' because of how this bill is paid for. I
have done as much as I can as long as I can to tolerate how we
``score'' things.
At the risk of being wrong, I will remind people that I am only as
good as the information that my staff has given me. But according to
CBO, $2.5 billion worth of this pay-for comes from premium payments
that are accelerated, meaning we are robbing from the future to pay for
today.
Another one comes from extended pension smoothing, $9 billion. This
is a time-shifting on money over 10 years. Again, we are robbing from
the future to pay for this year.
Another one, $4 billion, comes from Social Security disability. But
it is a double count. It has already been scored elsewhere previously.
And $5 billion comes from the Strategic Petroleum Reserve. This will
be the third time this year that we have brought a bill saying we are
going to sell this oil at its low price.
Ultimately, the real question is: Aren't we selling off an asset
today to pay for current expenses?
$3.5 billion will come from FCC bandwidth sales. I can live with
that. I'm not thrilled with it. I think we should make more bandwidth
available to the public so that, in fact, space we can all use without
paying would be available.
But here is the one that really broke me: Extending the Medicare
sequester
[[Page H7306]]
rate saves $14 billion, but the one-time saving is based on an
occurrence in the year 2025.
So, in closing, Madam Speaker, I will not sell our future for this
year's budget; and, therefore, I recommend a ``no'' because of the pay-
fors on this budget.
{time} 1615
Mr. VAN HOLLEN. Madam Speaker, I yield 2 minutes to the gentleman
from Vermont (Mr. Welch), somebody who has been very focused on making
sure we keep the full faith and credit of the United States.
Mr. WELCH. I thank the gentleman.
Madam Speaker, there are a few reasons why this agreement deserves
our support:
First, it is good public policy. This finally unleashes the shackles
of the sequester that have prevented Congress from making decisions
and, instead, just had across-the-board cuts. The gentleman from
Kentucky (Mr. Rogers) is going to have an opportunity for his
Appropriations Committee--Republicans and Democrats--to do its job.
Second, it averts enormous increases in Medicare part B premiums.
Third, it keeps Social Security disability funds solvent through
2022, and there are a number of other things.
The second major reason why this is so important is this: It is an
agreement. We have finally come together, through the leadership of
Speaker Boehner and Leader Pelosi, to legislate. We have been part of a
legislative body that is on strike, that hasn't legislated. We cannot
underestimate the power that is unleashed by the capacity of this
Congress to give certainty to the American people and to our agencies
as to what comes ahead and what they have to do.
Secondly, what Speaker Boehner did--and I am so indebted to him, as
all of us should be--is that he took out of the hands of those of us in
Congress two weapons which, when used, are very destructive, and those
are: the threat of shutting the government down, and the threat of
defaulting on America's full faith and credit. We can't do that.
And Speaker Boehner, to his credit, when there was the Planned
Parenthood dispute about funding and he was in favor of cutting
funding, he opposed shutting down government to achieve that goal.
We have suspended the debt ceiling through 2017, which means this
body is going to have not just the opportunity, but the responsibility
to do its job.
Finally, what we have seen here, when Speaker Boehner reached out to
Leader Pelosi, is that he had in the minority leader a willing partner
who was willing to sit down, work hard, and reach an agreement. That
sets the foundation for progress ahead.
I wish the best success to Speaker-to-be Ryan. He has willing and
able partners in the whole Caucus to make progress for America.
Mr. ROGERS of Kentucky. Madam Speaker, I yield 2 minutes to the
gentleman from South Carolina (Mr. Sanford), the distinguished former
Governor of South Carolina, who is a Member of this great body.
Mr. SANFORD. Madam Speaker, I will say to the chairman from Kentucky
that I am absolutely sympathetic in the way that he and others in the
leadership are really caught between a rock and a hard place.
If you think about 100 members of the defense community saying,
``Wait a minute. We won't vote for it unless we get more there''; folks
in the AG community saying, ``We don't like this particular
provision''; advocates of Medicare saying, ``We have got to have a bit
more here,'' the realities of a debt ceiling, a President who said, ``A
clean ceiling or nothing at all,'' I mean, they really have been
between a rock and a hard place.
But that having been said, we are still left at the end of the day
with a $1.5 trillion problem that has grown on top of an $18 trillion
problem; and I, therefore, believe that the simple notion is the key to
getting out of a hole is to quit digging. Fundamentally, I believe that
this bill does more digging than not. And I say that from three
different points:
One, there is a process question. In fairness to the chairman and
others, in some ways, this was handed to them, and I think that there
are serious questions that any of us should have with regard to
process.
Two, it does remove the caps. As draconian as they are, they
represent the only piece of financial restraint in Washington, D.C.,
that has encumbered this entity. That, I think, has a lot to do with
the fiscal restraint that we have seen on domestic discretionary
spending.
And finally, as my colleague from California just pointed out, there
is borrowing from Peter to pay for Paul. And if you look at where
disability insurance is getting money from the standpoint of old age
survivors, if you look at the bandwidth question, if you look at the
strategic oil question, if you look at pension smoothing and a whole
number of other areas, you are left with this larger question of this
still does not solve the problem of this upward trajectory that we have
with regard to spending in this place.
Therefore, I would remind everyone of what Admiral Mike Mullen said,
who is the former Chairman of the Joint Chiefs of Staff. He said that
the greatest threat to our civilization was the national debt. At the
end of the day, this bill compounds it; and for that reason, I would
respectfully encourage a ``no.''
Mr. VAN HOLLEN. Madam Speaker, I yield 2 minutes to the gentleman
from Massachusetts (Mr. Neal), a distinguished member of the Ways and
Means Committee.
Mr. NEAL. Madam Speaker, today's effort is a moment of satisfaction
but not delectation. This stands before us as a testament that Congress
cannot be dictated to by a minority of the majority. This institution
cannot work based upon the principle that a minority of the majority
can dictate the outcome of legislative life.
I am glad we are finding common ground and common purpose. It is
similar to the Congress that I joined a lot of years ago.
But rather than a moment of gloating, we should all take a look at
what has happened to the process that once governed this institution.
And my plea to the new Speaker of the House is going to be: Remember
that the committee system is the vertebra of Congress. It is within the
structure of the committee system that we find the way forward.
And to Speaker Boehner, a good man and a good friend who leaves here
in the next couple of days, congratulations, as well as to Leader
Pelosi, Leader McConnell, and Leader Reid. But the sad commentary is
this could never have happened if they didn't take it upon themselves
to do the actual negotiation. The polarization in this institution
would have prevented that.
We cannot keep taking America to the financial precipice. We need
some predictability, some confidence in building the economy. By
embracing this proposal, we allow that opportunity to perhaps happen.
We take default off the table. The full faith and credit of the United
States will not be impugned. We will not allow the country to be
hijacked by extremist views.
I say to those here, that small number that want to dictate the
outcome of what happens in this institution: Pay some attention to the
skill and the art of legislating as opposed to just the talking points
that lend themselves to the incendiary commentary that flows from this
institution now. Work with both sides to try to find an outcome that
the American people can look at as having accomplished with some pride.
We look at this institution with great regard, and what has happened
to it is a shameful exercise in allowing this rule that prevents us
from moving forward because of the advances that are made by a minority
of the majority.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mr. VAN HOLLEN. Madam Speaker, I yield 2 minutes to the gentleman
from Oregon (Mr. Blumenauer), a member of the Ways and Means Committee.
Mr. BLUMENAUER. I appreciate the gentleman's courtesy and his hard
work over the years on the budget.
Madam Speaker, I am pleased to stand today to support this agreement.
It allows us to limp along. There is no shutdown for now. We avoid the
damage of default. There is a slight relaxation in sequestration. There
is equity for seniors and the disabled.
There was a time when many of these provisions would not necessarily
be a cause for celebration, but it is today.
[[Page H7307]]
This is a signal accomplishment for stability.
I take my hat off to Speaker Boehner, Leader Pelosi, the Senate
leadership, and the President and his team for delivering an agreement
that came together for Congress at relatively warp speed, working
behind the scenes for days. It wins the House some breathing space, not
lurching from crisis to crisis, and I hope that we take advantage of
this achievement.
This was an important week here on Capitol Hill:
We have made a transition on the Republican side with a new Speaker,
a friend that I respect and admire, the gentleman from Wisconsin, Paul
Ryan. I look forward to working with him.
It was important that the House was able to work its will on the Ex-
Im Bank. We found a piece of legislation supported not just
overwhelmingly by the House, but by a majority of Republicans, bottled
up in committee by a minority, and it broke loose. I think that is
important.
I hope this breathing room allows us to do one other thing, and that
is to prioritize our budget requirements. We are going to spend over $1
trillion in the years ahead on nuclear weapons that we cannot afford to
use and can't afford to buy. We can do better for the American people,
and I hope this agreement allows us to do so.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mr. VAN HOLLEN. Madam Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Fattah), a distinguished member of the Committee on
Appropriations.
Mr. FATTAH. Madam Speaker, I am one who comes to this floor to
support this agreement. It means the great work that we are doing on
the Appropriations Committee--working with my colleagues, like Chairman
Rogers and Tom Cole from Oklahoma--the work we are doing on brain
health-related issues, the creation of a process to map the human
brain, to create a national brain observatory, to help lead the world
in an area in which we can finally find answers to a whole range of
diseases going forward. We will be able to move our appropriations
bills on a whole range of issues--from youth mentoring, to housing, to
health care--because the Congress and its leadership have come
together.
So I commend both sides, and I commend the White House. I am pleased
that this agreement has happened.
Yesterday I announced a $10 million TIGER grant for Philadelphia.
This agreement means that there will be other Members who will be
making said announcements out in the future because we will be doing
the work that helps keep America number one in the world.
For all of our challenges, we have the most powerful Nation in the
world. This agreement helps to move us forward, and I am here to
applaud it and to vote in favor of it.
Mr. ROGERS of Kentucky. I reserve the balance of my time.
Mr. VAN HOLLEN. Madam Speaker, I yield 1 minute to the gentlewoman
from California (Ms. Pelosi), somebody who knows how to lead, who knows
how to get things done, who knows how to find common ground, and who
was a vital part of bringing us to the progress we are making today,
the Democratic leader.
Ms. PELOSI. I thank the gentleman from Maryland (Mr. Van Hollen) for
yielding and for his kind words, and I return the compliment to him.
To the staff of the Budget Committee, the staff of the other
committees of jurisdiction on both sides of the aisle who enabled this
important agreement to come forward, thank you very much.
Madam Speaker, today we are proud to come to the floor with
legislation that moves America forward, affirming the full faith and
credit of the United States of America, as our Constitution says should
never be in doubt, and passing a budget agreement that creates jobs,
protects seniors, and invests in our future.
Today we cast our votes for a bipartisan budget package that
represents significant progress for hardworking American families.
Throughout the budget process, I am proud that Democrats have been
united by our values and our determination to win progress for those
hardworking American families. We showed we had the votes and the
resolve to sustain the President's vetoes of funding bills that did not
meet the needs of those people.
Working with our Republican colleagues on a compromise enabled us at
long last to bring to the floor a bill, a bill with which we have
broken the sequester stranglehold on our national defense and our
investments in good-paying jobs and the future of America.
In this agreement before the House, we achieve equal funding; we
honor the principle of parity between defense and domestic priorities.
We achieve equal funding increases for defense and domestic
initiatives, amounting to $112 billion over the next 2 years. We
prevent a 20 percent cut in disability benefits for millions of people
in 2016 and extend the solvency of the Social Security Disability
Insurance program. We prevent a drastic increase in Medicare part B
premiums and deductibles for millions of seniors next year. And we
affirm the full faith and credit of the United States is nonnegotiable
and unbreakable, with a clean debt limit suspension.
{time} 1630
We push through the gridlock to provide more economic certainty and,
according to the Council of Economic Advisers, create an additional
340,000 jobs in 2016 alone.
Budget and senior groups and groups for disability are lining up in
strong support of this agreement. As AARP wrote to congressional
leaders--I'm sure you saw this, Mr. Rogers, and thank you for your
courageous support of this legislation, our great chairman of the
Appropriations Committee--AARP wrote, ``AARP strongly supports the
bipartisan agreement you have reached to avert deep reductions in
Social Security Disability Insurance benefits in 2016, and to address
the imminent spike in Medicare Part B premiums which many older
Americans would otherwise experience. Your efforts to reach across the
aisle and together find sensible solutions to significant problems are
appreciated and commended.''
Working together, Madam Speaker, Democrats and Republicans, we have
found a way forward for the American people. I thank the Republican
leadership for their partnership in reaching this agreement.
Again, I thank the staffs of the committees of jurisdiction: the
Budget Committee, the Ways and Means Committee, the Appropriations
Committee, the Energy and Commerce Committee, and others. I commend our
colleagues for speaking out on this important agreement.
Let us pass this agreement. Let's vote ``yes'' today together. Let us
pass this agreement, move swiftly to keep government open, and make
progress for the American people.
Madam Speaker, I urge a ``yes'' vote, and I hope it is a big strong
one.
Mr. ROGERS of Kentucky. Madam Speaker, might I inquire of the
gentleman how many speakers he has remaining?
Mr. VAN HOLLEN. Madam Speaker, I have about four more speakers.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Mr. VAN HOLLEN. Madam Speaker, I yield 4 minutes to the gentleman
from Maryland (Mr. Hoyer). He is somebody who has been a key leader on
budget and fiscal issues, someone from the great State of Maryland, and
our distinguished Democratic whip.
Mr. HOYER. I thank the gentlelady.
I thank the gentleman from Maryland for yielding. I thank him for his
outstanding leadership as ranking member of the Budget Committee on
fiscal stability and fiscal responsibility and his willingness to lead
in ensuring that America invests in its future.
I thank the chairman of the Appropriations Committee. I think I quote
the chairman of the Appropriations Committee as much as I quote any
other Member: Unrealistic and ill-advised. Those two words of his
relating to the sequester are emblazoned on my frontal lobe, and I
thank him for that statement.
Madam Speaker, this agreement represents a bipartisan effort to
prevent a catastrophic default and lessen the chance of a government
shutdown in December--lessens the chance. It doesn't preclude it. It
shows what is possible when Democrats and Republicans work together to
get something done in a bipartisan way.
[[Page H7308]]
This has been a unique week. The Export-Import Bank passed with a
majority of Republicans and an overwhelmingly majority--all but one--of
Democrats. This is going to pass, in my view, with overwhelming numbers
of Republicans and overwhelming numbers of Democrats voting for it.
That is what Americans want, and that is what they expect. They want us
to work together, not always agree with one other, but to work
together.
Madam Speaker, this bill replaces the sequester, that ill-advised
policy that is hurting our country. It replaces it for 2 years and does
so with parity for defense and non-defense sequester relief. It
protects Medicare part B beneficiaries from seeing higher premiums, and
it saves the Social Security Disability Insurance program from
insolvency. All of those are worthwhile objectives.
This legislation will give us a chance to work on a long-term
solution to our fiscal challenges over the next 2 years. This
agreement, like Ryan-Murray, is a short-term agreement, and the end of
it comes sooner than we expect.
Congress ought not to wait until this agreement is about to expire 2
years from now to act. We should get to work right now on a big,
bipartisan deal to put America's fiscal house back in order and enable
our Nation to afford investments in a stronger economic future.
Americans are not looking for a rickety bridge to 2017, but a sturdy
one that can carry us into a stronger economic future. Businesses
across the country are clamoring for long-term certainty, for Congress
to find a way to replace the sequester and remove the uncertainty that
it has created and continues to create.
So I hope, Madam Speaker, the history that is written about this
legislation is that it was a bipartisan first step towards securing the
kind of long-term agreement all of us know we must achieve.
I had the opportunity to serve with Mr. Rogers for a couple of
decades on the Appropriations Committee. He and I have served in this
Congress together for a long period of time.
He is a responsible leader in the Congress of the United States, and
I quote him because his perspective and mine are the same--although we
differ on many issues--and it is that we owe it to the American people,
we owe it to America, and we owe it to future generations to create the
fiscal stability that will allow the Appropriations Committee, very
frankly, to again become the center of decisionmaking, which it was for
many of the years that I served on it.
Too often now we ignore the Appropriations Committee whose job is to
set priorities and to apply the resources of our country to those
priority items. If we don't adhere to that process, that will not
happen.
Madam Speaker, in closing, we need to get a long-term fiscal
resolution. This is a short term. I will support it. It is good for the
country. But we need a long-term solution. I thank the chairman, and I
thank the ranking member, Mr. Van Hollen, my friend, who has done such
a terrific job.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Mr. VAN HOLLEN. Madam Speaker, I yield 1 minute to the gentlewoman
from Texas (Ms. Jackson Lee).
Ms. JACKSON LEE. Mr. Ranking Member, let me thank you. And to the
chairman of the Appropriations Committee, let me thank you as well.
This was a tough call. And I do want to thank the leadership, Speaker
Boehner, and our leadership, Leader Pelosi, Whip Hoyer, and, of course,
our ranking member of the Budget Committee, and the Ways and Means
leadership as well. This is an important step forward because I can say
to my constituents: We fixed some of your pain and your anguish.
Madam Speaker, this bill quickly provides $80 billion, but I am so
grateful that part of that deals with the plussing up of non-defense
discretionary funding: child care, National Institutes of Health, and
other very important issues.
My seniors, I think it is very important to note that your Medicare
premium part B will not go up in a 50 percent increase in 2016 and
there will be less deep cuts in Social Security, more jobs being
created, and as well we will have the opportunities, as I indicated, to
increase NIH funding.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. VAN HOLLEN. Madam Speaker, I yield the gentlewoman an additional
10 seconds.
Ms. JACKSON LEE. What we must be careful of is that we do not
increase any mandatory minimums and some of the penalties that are in
place, and we must be careful that we do protect Social Security and
Medicare. We will continue to monitor this for a budget that will lift
the debt ceiling until 2017 and have this country stand on its feet and
pay its bills.
Madam Speaker, I thank the gentlelady for yielding and I rise to
speak on the rule and the underlying legislation, which is the Senate
Amendment to H.R. 1314, the ``Bipartisan Budget Agreement of 2015.''
The bill before us is not perfect--far from it--but it is a modest
and positive step toward preventing Republicans from shutting down the
government again and manufacturing crises that only harm our economy,
destroy jobs, and weaken our middle class.
I have reviewed the agreement carefully and have concluded that on
balance the good outweighs the bad for the following reasons:
1. The agreement provides $80 billion of significant sequester relief
over the next two years for both defense and non-defense priorities,
which is nearly 90 percent of the relief requested by the President in
his 2016 budget;
2. The Bipartisan Budget Agreement prevents a roughly 50 percent
increase in the Medicare Part B premium in 2016, protecting thousands
of seniors in my congressional district, and millions more across the
country, from cost increases;
3. The Bipartisan Budget Agreement avoids deep cuts to Social
Security Disability Insurance (DI) benefits that would occur at the end
of next year;
4. Hundreds of thousands of American jobs will be created over the
next two years due to the avoidance of manufactured budget crises;
5. The Bipartisan Budget Agreement provides additional resources and
the funding stability needed to protect our homeland, counter future
threats, and take care of our troops while preventing deep cuts that
would result from locking in sequestration;
6. The agreement is paid for in a balanced way that avoids harmful
cuts to Medicare or Social Security beneficiaries; and
7. Prevents a catastrophic default and protects the full faith and
credit of the United States and by suspending the national debt limit
until March 15, 2017.
But as with any compromise there are some things in the agreement
that I support and some things that I do not.
For example, while providing $80 billion in relief over two years,
instead of abolishing sequestration, as I would prefer, the agreement
retains the sequestration principle and extends its applicability for
two additional years, until 2025.
Of this $80 billion, $50 billion will be available in FY 2016 and $30
billion in FY 2017, to be equally divided and allocated by the House
and Senate Appropriations Committees among the various federal agencies
and programs.
This modest increase in discretionary domestic funding holds open the
promise of increased investments in critical areas such as basic
research in health and science, education, veterans' medical care, and
job training.
And these investments are desperately needed if we are to position
our nation to prevail in an increasingly interconnected economy.
Madam Speaker, in the absence of this agreement, we would have to
rely upon a full-year continuing resolution which would result in $1
billion less in NIH funding and nearly 1,000 fewer NSF grants than
under the President's budget.
Were we to operate under a continuing resolution through the end of
FY 2016, per-pupil education funding would fall to the lowest levels
since 2000, and Head Start would be flat-funded, which would mean
roughly 17,000 fewer children served than in 2014.
Madam Speaker, a full-year CR at sequestration levels would mean $1
billion less than the President requested for veterans' medical care
relative even though all of us here agree that our veterans deserve
more, much more, support than they have received.
The Bipartisan Budget Agreement will allow us to provide funding for
job training for two million more workers than would be possible if we
continued to operate through the end of FY 2016 under a continuing
resolution subject to sequestration.
Madam Speaker, I strongly support the provision in the Bipartisan
Budget Agreement that prevents an increase of nearly 50 percent in the
Medicare Part B premium for 2016 and 2017 by spreading out the cost of
replenishing
[[Page H7309]]
the Medicare Supplemental Medical Insurance Trust Fund over a number of
years.
Without Congressional action, the monthly 2015 Part B premium of
$104.90 would increase by $54.40 in 2016 to $159.30 for beneficiaries
not held harmless (i.e., those who did not receive an increase in their
Social Security benefits).
The Bipartisan Budget Agreement maintains the hold harmless provision
in current law and prevents a dramatic premium increase on
beneficiaries not held harmless by setting a new 2016 basic Part B
premium for the beneficiaries not held harmless at $120, which is the
amount the Part B premium would otherwise be for all beneficiaries in
2016 if the hold harmless provision in current law did not apply.
To replenish the Medicare Trust Fund, in 2016 there would be a loan
of general revenue from the Federal Treasury, which will be repaid
beginning in 2016 by an additional $3 surcharge in the monthly Part B
premium of beneficiaries not subject to the hold harmless.
Madam Speaker, it is worth noting that a functioning, effective
federal government is critical to people with disabilities who
disproportionately rely on government services to live, learn and work
in their communities.
That is why I also strongly support the provision in the Bipartisan
Budget Agreement that avoids deep cuts to Social Security Disability
Insurance.
Specifically, the agreement ensures that the Social Security
Disability Insurance program will continue to provide the full benefits
that workers have earned, preventing a 20 percent cut that would have
been applied to workers and their families at the end of 2016.
Madam Speaker, another reason I support the Bipartisan Budget
Agreement is that it eliminates the temptation of House Republicans to
once again resort to the brinksmanship politics of defaulting on the
national debt.
The full faith and credit of the United States is too valuable a
national asset to be trifled with, as Alexander Hamilton, the nation's
first and greatest Treasury Secretary, understood.
In 1789, in the dawn of the nation's birth, Hamilton recognized and
acted upon the belief that the path to American prosperity and
greatness lay in its creditworthiness which provided the affordable
access to capital needed to fund internal improvements and economic
growth.
According to Hamilton, the nation's creditworthiness was one of its
most important national assets and ``the proper funding of the present
debt, will render it a national blessing.''
But to maintain this blessing, or to ``render public credit
immortal,'' Hamilton warned that it was necessary that ``the creation
of debt should always be accompanied with the means of
extinguishment.''
In other words, to retain and enjoy the prosperity that flows from
good credit, it is necessary for a nation to pay its bills.
Defaulting on the national debt would vitiate the full faith and
credit of the United States, cost American jobs, hurt businesses of all
sizes, and do irreparable damage to the economy.
On the other hand, suspending the national debt until March 15, 2017,
is estimated by the Congressional Budget Office to create 340,000
additional American jobs in 2016 alone and more than 500,000 job-years
in 2017.
Additionally, the Chairman of the Council of Economic Advisors
forecasts that the indirect effect of increased certainty and
confidence could further boost job creation and economic growth above
these estimates.
What is more, increased long-term growth and rising middle-class
incomes can be expected to result from the greater investments in human
capital and infrastructure made possible by the Bipartisan Budget
Agreement.
Madam Speaker, perhaps the most immediate benefit of the Bipartisan
Budget Agreement is that it paves the way for the House and Senate to
reach agreement on the FY2016 spending bills needed to keep the federal
government open and avoid another disastrous shutdown like the one
House Republicans inflicted on the nation in October 2013.
That shutdown lasted 16 days, cost the economy $24 billion, and
inflicted untold harm on federal employees and the people they serve.
Madam Speaker, the past several years have been an extraordinary time
in America.
We have seen the Legislative and Executive Branches of our government
and the constitutional balance that the framers of the Constitution
intended regarding matters related to public purse tested.
It is extraordinary when a matter that should be dealt with in the
regular order of the business of the House and Senate becomes a matter
so grave that a broad and diverse coalition call on Members of this
body to do what we were elected to do: manage the business of the
people through cooperation and compromise.
That is why we have heard from a broad and diverse range of American
voices, including the AARP, the U.S. Chamber of Commerce, the National
Education Association, and the Leadership Conference on Civil and Human
Rights, calling for the passage of the Bipartisan Budget Agreement.
By supporting the Bipartisan Budget Agreement we can show the
American people that we understand that we were sent here to address
their problems and concerns by working together to reach agreement that
responsibly makes the investments needed to keep our nation competitive
in a global economy and enables all of our people to reach their
potential and realize their dreams.
Updated II: Some of the Key Groups Supporting the Bipartisan Budget
Agreement
(October 28, 2015)
AARP: ``On behalf of our 38 million members and as the
largest nonprofit, nonpartisan organization representing the
interests of Americans age 50 and older and their families,
AARP strongly supports the bipartisan agreement you have
reached to avert deep reductions in Social Security
Disability Insurance benefits in 2016, and to address the
imminent spike in Medicare Part B premiums which many older
Americans would otherwise experience. . . . By finding a
sensible solution to keep premiums manageable for over 16
million beneficiaries, Congress is helping to prevent
financial hardship for many beneficiaries at a time when
there is no Social Security cost of living adjustment. . . .
Finally, AARP appreciates that the agreement modifies
sequestration for discretionary programs for fiscal year
2016. The higher discretionary cap may prevent unwise cuts to
countless programs serving older Americans. Sequestration
relief for many health care, nutrition and supportive service
programs is critically important to seniors as funding for
them has declined over the past decade despite substantial
increases in population requiring this assistance.''
Center for Medicare Advocacy: ``Congress is considering the
Bipartisan Budget Act of 2015. This proposed budget agreement
would reduce an expected spike in the Medicare Part B
deductible and premiums for 2016. . . . We are glad people
who rely on Medicare can breathe a bit easier--knowing that
premiums and deductibles will not skyrocket next year.''
Consortium for Citizens with Disabilities: The Consortium
for Citizens with Disabilities' (CCD) Fiscal Policy Task
Force commends the House and Senate leadership for
negotiating the Bipartisan Budget Act of 2015 (BBA). . . . We
commend the negotiators for reaching a deal that provides
relief from sequestration and raises the budget caps for
discretionary programs in Fiscal Years 2016 and 2017. The
package provides welcome stability in the appropriations
process and avoids a devastating 20% benefit cut in 2016 for
Social Security Disability beneficiaries and their
families.''
Federation of American Hospitals: ``The Federation of
American Hospitals acknowledges that it is incumbent upon
Congress to act on the debt ceiling and establish a federal
budget. The Bipartisan Budget Act of 2015 agreement, which
accomplishes these goals, includes Medicare cuts as offsets.
. . . The FAH understands that Congressional leaders did
their best to minimize the effects of these cuts on the
hospitals that care for the nation's seniors. By extending
without increasing the overall effect of the Medicare
sequester and focusing a limited payment change on certain
physician-hospital arrangements, the bill is carefully
crafted to meet its objectives.''
American College of Physicians: ``The American College of
Physicians is pleased that today's proposed bipartisan budget
agreement will provide two years of relief from existing
`sequestration' level spending caps that could result in cuts
to programs that are vital to the nation's healthcare,
including the National Institutes of Health, Agency for
Healthcare Research and Quality, and Primary Care Training
Programs authorized by Section 747 of Title VII of the Public
Health Service Act. . . . We [also] strongly support the
proposal to ensure all new hospital acquisitions of private
physician practices would only be eligible for Medicare
payments equal to those for the same care services provided
in the freestanding, community-based setting.''
American Academy of Family Physicians: ``On behalf of the
Academy of Family Physicians (AAFP), which represents 120,900
family physicians and medical students across the country, I
write in support of the Bipartisan Budget Act of 2015. . . .
The AAFP notes that the bill will make two important reforms
to Medicare. First, the bill will mitigate an anticipated
spike in 2016 in premiums and deductibles for America's
Medicare Part B enrollees, which will help avoid disruption
in access to physicians' services to seniors. Second, the
bill removes an incentive in the Medicare hospital outpatient
payment system that has driven health systems to purchase
Physician practices, in turn increasing healthcare costs
without any corresponding benefit to patient care.''
Chamber of Commerce: ``The U.S. Chamber of Commerce . . .
urges Congress to pass the Bipartisan Budget Act of 2015
(BBA2015) to bring certainty to next year's appropriations
process, raise the debt limit through March
[[Page H7310]]
15, 2017, strengthen America's national security, and
constructively resolve a handful of other outstanding
issues.''
NETWORK: A National Catholic Social Justice Lobby:
``NETWORK, A National Catholic Social Justice Lobby is
encouraged to hear that a budget deal has been reached that
will surpass sequester budget caps for the next two years and
raise the debt ceiling to prevent a default on our nation's
financial obligations. . . . We are encouraged by the White
House and Congressional leaderships' work on the proposed
budget deal that lifts the caps on non-defense spending.
Unaddressed, sequester would have caused hardship for many
hardworking and vulnerable people in our nation.''
The Leadership Conference on Civil and Human Rights: ``We
applaud the White House and congressional leaders who
negotiated the budget deal introduced late last night for
their hard work in crafting a bipartisan, two-year bill that
will raise the caps on spending for both defense and non-
defense discretionary spending and provided needed relief for
underfunded programs that serve our communities.
Robert Greenstein, Center for Budget and Policy Priorities:
``If approved by Congress, the new budget deal from the White
House and congressional leaders will mark a significant
achievement by an otherwise polarized Washington. . . . The
package would effectively eliminate about 90 percent of the
sequestration budget cuts for non-defense discretionary
programs in fiscal year 2016, and about 60 percent of them in
2017 . . . extend the solvency of Social Security Disability
Insurance through 2022, thereby avoiding across-the-board
cuts of nearly 20 percent in disability benefits starting in
late 2016, which will otherwise occur, and avoid, for
Medicare, an estimated 52 percent increase in deductibles for
physician and other outpatient services in 2016, and a 52
percent increase in Part B premiums that roughly 30 percent
of Medicare beneficiaries otherwise would face. . . . The
deal is a major, multi-faceted package that addresses a
number of contentious issues. . . . Overall, the deal is a
significant achievement that includes an array of sound
policies and policy reforms and accomplishes important
goals.''
National Education Association: ``On behalf of the three
million members of the National Education Association (NEA)
and the students they serve, we urge you to Vote Yes on the
Bipartisan Budget Act of 2015 which could be voted on as
early as Wednesday. We applaud the bipartisan leadership
exhibited to craft a bill that takes needed steps toward
ending harmful sequester level funding so that necessary
investments can be made in programs that will grow our
economy and our future. Votes associated with this issue may
be included in the NEA Legislative Report Card for the 114th
Congress.
Committee for Education Funding: ``The Committee for
Education Funding (CEF), a coalition of 122 national
education associations and institutions spanning early
learning to postgraduate education, writes to express our
support for the Bipartisan Budget Act (BBA) of 2015. The bill
will eliminate most of the harmful sequester spending caps
for nondefense discretionary (NDD) programs for Fiscal Year
(FY) 2016 and FY 2017, thereby providing room for critically
important investments in education programs through
appropriations.''
League of Conservation Voters: ``We comment Leader Pelosi,
Leader Reid, and President Obama for negotiating a deal free
of ideological attacks on our environment that finally ends
the cuts that hamper investment in our economy and the
priorities of our families. We urge Congress to pass this
budget deal and then pass a clean spending bill free of anti-
environmental riders that fund all federal agencies at a
level that allows them to continue protecting our air, water,
lands and wildlife.''
Easter Seals: ``Easter Seals is encouraged by the framework
presented in the Bipartisan Budget Act of 2015 (BBA). This
compromise is designed to restore order to the federal budget
and appropriations process, and will allow for much needed
investments in people with disabilities. A functioning,
effective federal government is critical to people with
disabilities who disproportionately rely on government
services to live, learn and work in their communities. We
commend the negotiators for reaching a deal that provides
partial relief from sequestration and raises the budget caps
for discretionary programs in Fiscal Year 2016 and 2017 and
provides stability.''
NDD United: ``NDD United--an alliance of more than 2,500
national, state, and local organizations working to protect
investments in core government functions--strongly supports
and urges you to support the Bipartisan Budget Act of 2015
(BBA). This deal, brokered by all four corners of
Congressional leadership and the President, restores critical
funding equally to both defense and nondefense spending that
keeps Americans healthy, safe and secure and ensures that we
do not risk the full faith and credit of the United States by
suspending the debt ceiling through March 2017.''
AAUW: ``On behalf of the over 170,000 members and supports
of the American Association of University Women (AAUW), I
urge Rep. Pelosi to support the Balanced Budget Act of 2015
(H.R. 1314). The Bipartisan Budget Act of 2015 lifts
sequestration in a fair and responsible manner that ensures
communities are healthy, safe, and secure. Cuts as a result
of sequestration take a direct toll on our communities. . .
. We . . . saw cuts to . . . important programs such as food
assistance programs for women and children, cancer
screenings, services for domestic violence survivors, and
federal funding for low-income schools.''
American Public Health Association: ``The deal will allow
Congress to provide much needed additional funding for
nondefense discretionary programs in 2016, including public
health, which continues to be woefully underfunded. The
proposal would also reduce a pending premium increase for
many Medicare Part B beneficiaries and extend the solvency of
the Social Security Disability Insurance Trust Fund.''
Alliance for Retired Americans: ``The Alliance for Retired
Americans is relieved that this budget deal would protect
millions of seniors from significant increases to their
Medicare Part B deductibles while preventing a 20% cut to
Social Security Disability Insurance (SSDI) benefits in 2016.
The reallocation between the Social Security Old Age and
Survivors Insurance (OASI) and SSDI trust funds would prevent
a massive cut in benefits for the disabled. The transfer
would not impact the long-term solvency of Social Security.''
AFL-CIO: ``Congressional leaders and the President
successfully eluded the traps set by a conservative faction
in Congress who have tried to hold our economy hostage to
achieve their radical agenda. The full faith and credit of
the United States will be preserved as we pay our bills on
time--preventing brinksmanship over the debt until 2017. . .
. It reduces the spike in [Medicare] deductibles for everyone
and avoids a sharp increase in premiums for many. It ensures
that 11 million Americans on Social Security Disability
Insurance continue to receive full benefits through 2022.''
SEIU: ``This deal makes significant progress in eliminating
some of the extraordinary hardship and uncertainty associated
with the sequester--as well as helps to head off a
catastrophic government shutdown. . .''
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Mr. VAN HOLLEN. Madam Speaker, may I inquire how much time remains on
this side?
The SPEAKER pro tempore. The gentleman from Maryland has 3\3/4\
minutes remaining.
Mr. VAN HOLLEN. I yield 2 minutes to the gentlewoman from California
(Ms. Lee), a great member of the Budget Committee.
Ms. LEE. Madam Speaker, first, let me thank our ranking member,
Congressman Van Hollen, for yielding and for his tremendous leadership
on the Budget Committee.
Also, to Leader Pelosi and to Speaker Boehner, I just have to thank
you for demonstrating that we can work together in a bipartisan way on
behalf of the American people.
Madam Speaker, I rise today in support of H.R. 1314, which is the
bipartisan budget agreement of 2015. Let me just say, as a member of
the Appropriations and Budget Committees, I really know how difficult
it has been to get us to where we were today. So thank you very much.
This budget deal, though, is not perfect. It averts a shutdown and
prevents a catastrophic default on the Federal debt. Most importantly,
though, it provides relief from the sequester and it begins--it
begins--to invest in the American people through programs like food
stamps, a safety net which many, many people need until they are
through this economic recession.
We must do more to create good-paying jobs for individuals who want
to work. This begins to invest in early childhood education and in
public housing.
This agreement also prevents a massive hike in healthcare costs for
our seniors. So while this agreement is an important step forward, much
work remains.
It is past time that we start addressing the priorities of the
American people, including passing bipartisan comprehensive immigration
reform, making education affordable and accessible from pre-K through
college, investing in workforce training through our community
colleges, and building pathways out of poverty.
So, Madam Speaker, I urge my colleagues to vote ``yes'' on this
agreement so we can get Congress back to work putting people first. The
American Dream has really turned into a nightmare for so many.
Hopefully, our action today will give people hope that the American
Dream may be achievable. But we must do more.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Mr. VAN HOLLEN. Madam Speaker, I am pleased to yield 1 minute to the
[[Page H7311]]
gentleman from Pennsylvania (Mr. Brendan F. Boyle), a terrific new
Member of Congress.
Mr. BRENDAN F. BOYLE of Pennsylvania. Madam Speaker, I thank the
gentleman.
Madam Speaker, for the cynics who believe that nothing can happen in
Washington and that we are permanently doomed to disarray, this has
been a very bad week.
First, with the Export-Import Bank, we see a majority of Republicans
and an overwhelming majority of Democrats come together and reach a
bipartisan compromise, and now here again with this big budget
agreement, something that would avoid the catastrophic default, the
first in American history if it were to happen.
Madam Speaker, I don't agree with everything that is in this bill,
but I agree with the majority of it. It is about time this body stopped
allowing the 10 or 20 percent we disagree with to block the 70, 80, and
90 percent we agree with. This is a step in the right direction. This
is progress. This is what we need to do more of. I am proud to support
it.
Mr. ROGERS of Kentucky. Madam Speaker, I reserve the balance of my
time.
Mr. VAN HOLLEN. Madam Speaker, may I ask how much time remains on
this side?
The SPEAKER pro tempore. The gentleman from Maryland has 45 seconds
remaining.
Mr. VAN HOLLEN. Madam Speaker, I yield myself the balance of my time.
Where we close is where we started. As we all recognize, this
agreement is not perfect, but it certainly beats the alternative and is
a positive step forward.
It ensures the full faith and credit of the United States. We will
pay our bills on time. It prevents damaging sequester cuts to our
economy and allows us to invest more in education, in scientific
research, and military readiness.
It prevents a 20 percent cut to Social Security Disability
beneficiaries, and it prevents a whopping Medicare part B increase for
millions of American seniors.
So, again, while many of us would like to see more--and I agree with
those who have said that we need to invest more and address many of the
other big issues our country faces--this is a positive step forward.
Madam Speaker, I want to thank everybody who helped come together to
make it possible. I urge its adoption.
Madam Speaker, I yield back the balance of my time.
Mr. ROGERS of Kentucky. Madam Speaker, I yield myself the balance of
my time.
Madam Speaker, it has been my goal, as chairman of the Appropriations
Committee for these 4 years, to get us back into regular order.
When I first came here and for many years thereafter, we passed 12
individual appropriations bills funding the entire government, but
separate bills so that every Member had a chance to dissect each of
these bills, offer amendments, debate them, fight them, promote them,
what have you, but at least everyone had their day in court.
Then somehow we got off on a tangent to where we could not
appropriate separate bills. So at the end of the fiscal year, we had no
choice but to pass what is called a continuing resolution, which means
we just continue spending as we had for the last year, regardless of
the needs of the moment.
That is a terrible way to do business. Agencies, particularly the
military, would not have a way to plan their work or to make orders or
to deploy troops and the like, a terrible way to do business. We lurch
from one crisis to another, it seems.
{time} 1645
My goal has been just to get back to that business of appropriating
12 separate bills so that we don't need a CR. We hear current needs. In
a CR, you are spending money on projects no longer needed, but,
nevertheless, they are required to spend the money, for example. A
terrible waste of money.
So to get back on track, the appropriations process, our committee
needs to have a top line number to which we appropriate. We have not
been getting that number for one reason or the other. But now in this
bill, not only are we getting a number for fiscal '16, which we will
now use to write an omnibus appropriations bill for current needs and
finish it by September 11, the deadline, we will do that, but it will
be made up of the bills that have passed both the House and Senate
Appropriations Committees and in conversations between the two bodies.
Not only do we have the number for fiscal '16, but we have it for
fiscal '17, and that is very important. It gives us a year to plan our
work to try to marshal through 12 separate bills for the first time in
many, many years so that we, with the Senate, can send to the President
12 bills that have the polish and the content put into it and on it by
the Members of our bodies, the House and the Senate. That is my goal.
That is why I am so strong for this bill. That is the biggest thing in
it from my perspective.
It is important that we are helping our folks who are on Social
Security Disability to take the worry away from them that they have
that that fund will be drying up, which it will be. It is great that we
are taking care of the problem with Medicare benefit increases, the
interest on Medicare. It is important, very important, of course, that
we avoid the default in our debt ceiling coming up momentarily. All of
these things you have heard about in this debate are great.
But for me, the 2 years that we have now to get back on regular order
and stop lurching from crisis to crisis, to stop that business, this
bill will give us that great chance.
I urge Members to support the bill. It is a good one. It is not
perfect, not ideal, by any stretch of the imagination, but it is the
best we can do with what we have, and the alternative would be
disaster. I urge an ``aye'' vote.
I yield back the balance of my time.
Mr. TOM PRICE of Georgia. Madam Speaker, today the House is scheduled
to consider the Bipartisan Budget Act of 2015 which would increase the
discretionary spending caps for fiscal years 2016 and 2017 set in the
Budget Control Act of 2011 and would include offsets over 10 years.
While the legislation would provide funding certainty for discretionary
programs in fiscal years 2016 and 2017, it has some concerning
provisions as explained below.
The bill provides additional resources for base discretionary non-
defense spending far in excess of the levels in the fiscal year 2016
budget conference agreement (S. Con. Res. 11). The amount of base
nondefense discretionary increases for fiscal years 2016 and 2017 are
$30 billion and $15 billion, respectively, above the levels approved by
Congress just over 5 months ago when the budget conference agreement
was adopted. The bill also provides an additional adjustment through
the Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT)
category of $14.9 billion for the State Department and International
Affairs budget category, which is $7.9 billion--more than double--what
the President requested in his FY16 Budget. If this adjustment becomes
law, it will allow non-defense budgetary resources to be shifted from
the base discretionary category, which has spending limits, to the OCO/
GWOT category which has no spending limits. When both the base and OCO/
GWOT increases for non-defense are considered, the total non-defense
increase for 2016 and 2017 is $37.9 billion and $22.9 billion,
respectively, above the budget conference agreement.
The bill also includes language that directs the Senate to file
budget allocations in fiscal year 2017 at levels consistent with the
discretionary amounts included in the bill and at the Congressional
Budget Office baseline amounts for all other spending, unless a budget
conference agreement is reached. This provision makes it highly likely
that regular order for the budget process in the Senate will be
circumvented and that the Senate will not offer a new budget in fiscal
year 2017. If this outcome occurs, it will further erode the integrity
of the Congressional budget process by preventing a fiscal year 2017
budget from being adopted that reflects the will of the Majority in the
House and Senate. It also means reconciliation will not be available
for fiscal year 2017 and Congress will no longer have a balanced budget
agreement in place.
Ms. ROYBAL-ALLARD. Madam Speaker, I rise in support of the Bipartisan
Budget Agreement of 2015. While I have concerns about portions of the
bill, including the impact it may have on some of our hospitals, there
are important provisions in the bill that are essential to protecting
the well-being of many Americans.
For example, the bill provides two years of sequester relief, and
allows us to increase our investments in critical areas, including
education, housing, healthcare, transportation, homeland security, and
defense. The agreement also suspends the debt limit until March
[[Page H7312]]
15, 2017. This will allow us to get back on track and plan for the
future rather than continue governing from crisis to crisis.
The measure keeps Medicare Part B premium costs down for millions of
seniors and protects all Medicare beneficiaries from the projected
increases in their deductibles.
I am encouraged by this framework and hope that as the bill moves
through the process, some of the areas of concern will be worked out
and that we will be able to pass bipartisan appropriations measures for
fiscal years 2016 and 2017. I urge my colleagues to support the
Bipartisan Budget Agreement for the good of our country.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 495, the previous question is ordered.
The question is on the motion to concur by the gentleman from
Kentucky (Mr. Rogers).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROGERS of Kentucky. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to concur will be followed by a 5-minute vote
on agreeing to the Speaker's approval of the Journal, if ordered.
The vote was taken by electronic device, and there were--yeas 266,
nays 167, not voting 2, as follows:
[Roll No. 579]
YEAS--266
Adams
Aguilar
Ashford
Barr
Bass
Beatty
Becerra
Benishek
Bera
Beyer
Bishop (GA)
Blumenauer
Boehner
Bonamici
Bost
Boyle, Brendan F.
Brady (PA)
Brady (TX)
Brooks (IN)
Brown (FL)
Brownley (CA)
Buchanan
Bustos
Butterfield
Calvert
Capps
Capuano
Cardenas
Carney
Carson (IN)
Carter (TX)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Cole
Collins (NY)
Comstock
Conaway
Connolly
Conyers
Cook
Cooper
Costa
Costello (PA)
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
Davis, Rodney
DeFazio
DeGette
Delaney
DeLauro
DelBene
Denham
Dent
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Dold
Donovan
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Fortenberry
Foster
Frankel (FL)
Frelinghuysen
Fudge
Gabbard
Gallego
Garamendi
Gibson
Graham
Granger
Grayson
Green, Al
Green, Gene
Grijalva
Guthrie
Gutierrez
Hahn
Hanna
Harper
Hartzler
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson (OH)
Johnson, E. B.
Jolly
Joyce
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (NY)
Kinzinger (IL)
Kirkpatrick
Kline
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Matsui
McCarthy
McCollum
McDermott
McGovern
McHenry
McMorris Rodgers
McNerney
McSally
Meehan
Meng
Messer
Mica
Miller (MI)
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
Nunes
O'Rourke
Pallone
Pascrell
Payne
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pittenger
Pocan
Poliquin
Polis
Price (NC)
Quigley
Rangel
Reed
Reichert
Rice (NY)
Richmond
Rigell
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Roybal-Allard
Royce
Ruiz
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Shuster
Simpson
Sinema
Sires
Slaughter
Smith (WA)
Speier
Stefanik
Stivers
Swalwell (CA)
Takai
Takano
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Titus
Tonko
Torres
Tsongas
Turner
Upton
Valadao
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walden
Walters, Mimi
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Wilson (SC)
Womack
Yarmuth
NAYS--167
Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barton
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Boustany
Brat
Bridenstine
Brooks (AL)
Buck
Bucshon
Burgess
Byrne
Carter (GA)
Chabot
Chaffetz
Clawson (FL)
Coffman
Collins (GA)
Crawford
DeSantis
DesJarlais
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Foxx
Franks (AZ)
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Hardy
Harris
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson, Sam
Jones
Jordan
Kelly (MS)
Kelly (PA)
King (IA)
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Long
Loudermilk
Love
Lummis
Marchant
Marino
Massie
McCaul
McClintock
McKinley
Meadows
Miller (FL)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pitts
Poe (TX)
Pompeo
Posey
Price, Tom
Ratcliffe
Renacci
Ribble
Rice (SC)
Roby
Roe (TN)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Russell
Salmon
Sanford
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stewart
Stutzman
Tipton
Trott
Wagner
Walberg
Walker
Walorski
Weber (TX)
Webster (FL)
Wenstrup
Westerman
Westmoreland
Whitfield
Williams
Wittman
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke
NOT VOTING--2
Hudson
Meeks
{time} 1721
Messrs. GUINTA, RUSSELL, Ms. HERRERA BEUTLER, and Mr. NUGENT changed
their vote from ``yea'' to ``nay.''
Mses. LEE and SEWELL of Alabama and Messrs. DAVID SCOTT of Georgia
and McDERMOTT changed their vote from ``nay'' to ``yea.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________