[Congressional Record (Bound Edition), Volume 156 (2010), Part 1]
[Senate]
[Pages 616-618]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3306. Mr. BAUCUS proposed an amendment to amendment SA 3299 
proposed by Mr. Baucus (for Mr. Reid) to the joint resolution H.J. Res. 
45, increasing the statutory limit on the public debt; as follows:

       At the appropriate place, insert the following:
       Sec. 1. Short Title.--This Act may be cited as the 
     ``Bipartisan Task Force for Responsible Fiscal Action Act of 
     2009.''
       Sec. 2. Establishment of Task Force.--Title III of the 
     Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is 
     amended by adding at the end the following new section:


      ``ESTABLISHMENT OF TASK FORCE FOR RESPONSIBLE FISCAL ACTION

       ``Sec. 316. (a) Definitions.--In this section:
       ``(1) Task force.--The term ``Task Force'' means the 
     Bipartisan Task Force for Responsible Fiscal Action 
     established under subsection (b)(1).
       ``(2) Task force bill.--The term ``Task Force bill'' means 
     a bill consisting of the proposed legislative language of the 
     Task Force recommended under subsection (b)(3)(B) and 
     introduced under subsection (e)(1).
       ``(3) Fiscal imbalance.--The term ``fiscal imbalance'' 
     means the gap between the projected revenues and expenditures 
     of the Federal Government.
       ``(b) Establishment of Task Force.--
       ``(1) Establishment.--There is established in the 
     legislative branch a task force to be known as the 
     ``Bipartisan Task Force for Responsible Fiscal Action''.
       ``(2) Purposes.--
       ``(A) Review.--The Task Force shall review the fiscal 
     imbalance of the Federal Government, including--
       ``(i) analyses of projected Federal expenditures;
       ``(ii) analyses of projected Federal revenues; and
       ``(iii) analyses of the current and long-term actuarial 
     financial condition of the Federal Government.
       ``(B) Identify factors.--The Task Force shall identify 
     factors that affect the long-term fiscal imbalance of the 
     Federal Government.
       ``(C) Analyze potential courses of action.--The Task Force 
     shall analyze potential courses of action to address factors 
     that affect the long-term fiscal imbalance of the Federal 
     Government.
       ``(D) Provide recommendations and legislative language.--
     The Task Force shall provide recommendations and legislative 
     language that will significantly improve the long-term fiscal 
     imbalance of the Federal Government, including 
     recommendations addressing--
       ``(i) Federal expenditures;
       ``(ii) Federal revenues; and
       ``(iii) the current and long-term actuarial financial 
     condition of the Federal Government.
       ``(E) Priority to eliminating waste.--The Task Force shall 
     give priority to reducing or eliminating waste, fraud, abuse, 
     and the nonpayment of taxes already owed.
       ``(3) Duties.--
       ``(A) In general.--The Task Force shall address the 
     Nation's long-term fiscal imbalances, consistent with the 
     purposes described in paragraph (2), and shall submit the 
     report and recommendations required under subparagraph (B).
       ``(B) Report, recommendations, and legislative language--
       ``(i) In general.--Not earlier than November 3, 2010, and 
     not later than November 9, 2010, the Task Force shall vote on 
     a report that contains--
       ``(I) a detailed statement of the findings, conclusions, 
     and recommendations of the Task Force;
       ``(II) the assumptions, scenarios, and alternatives 
     considered in reaching such findings, conclusions, and 
     recommendations; and
       ``(III) proposed legislative language to carry out such 
     recommendations as described in paragraph (2)(D).
       ``(ii) Approval of report.--The report of the Task Force 
     submitted under clause (i) shall require the approval of not 
     fewer than 14 of the 18 members of the Task Force.
       ``(iii) Additional Views.--A member of the Task Force who 
     gives notice of an intention to file supplemental, minority, 
     or additional views at the time of final Task Force approval 
     of the report under clause (ii), shall be entitled to not 
     less than 3 calendar days in which to file such views in 
     writing with the staff director of the Task Force. Such views 
     shall then be included in the Task Force report and printed 
     in the same volume, or part thereof, and their inclusion 
     shall be noted on the cover of the report. In the absence of 
     timely notice, the Task Force report may be printed and 
     transmitted immediately without such views.
       ``(iv) Transmission of Report.--No later than November 15, 
     2010, the Task Force shall submit the Task Force bill and 
     final report to the President, the Vice President, the 
     Speaker of the House, and the majority and minority leaders 
     of both Houses.
       (v) Report to be made public.--Upon the approval or 
     disapproval of the Task Force report pursuant to clause (ii), 
     the Task Force shall promptly make the full report, and a 
     record of the vote, available to the public.
       ``(4) Memebership.--
       ``(A) In general.--The Task Force shall be composed of 18 
     members designated pursuant to subparagraph (B).
       ``(B) Designation.--Members of the Task Force shall be 
     designated as follows:
       ``(i) The President shall designate 2 members, one of whom 
     shall be the Secretary of the Treasury, and the other of whom 
     shall be an officer of the executive branch.
       ``(ii) The majority leader of the Senate shall designate 4 
     members from among Members of the Senate.
       ``(iii) The minority leader of the Senate shall designate 4 
     members from among Members of the Senate.
       ``(iv) The Speaker of the House of Representatives shall 
     designate 4 members from among Members of the House of 
     Representatives.
       ``(v) The minority leader of the House of Representatives 
     shall designate 4 members from among Members of the House of 
     Representatives.
       ``(C) Co-chairs.--
       ``(i) In general.--There shall be 2 Co-Chairs of the Task 
     Force. The President, majority leader of the Senate, and 
     Speaker of the House shall designate one Co-Chair among the 
     members of the Task Force. The minority leader of the Senate 
     and minority leader of the House shall designate the second 
     Co-Chair among the members of the Task Force. The Co-Chairs 
     shall be appointed not later than 14 days after the date of 
     enactment of this section.
       ``(ii) Staff director.--The Co-Chairs, acting jointly, 
     shall hire the staff director of the Task Force.
       ``(D) Date.--Members of the Task Force shall be designated 
     by not later than 14 days after the date of enactment of this 
     section.
       ``(E) Period of designation.--Members shall be designated 
     for the life of the Task Force. Any vacancy in the Task Force 
     shall

[[Page 617]]

     not affect its powers, but shall be filled not later than 14 
     days after the date on which the vacancy occurs in the same 
     manner as the original designation.
       ``(F) Compensation.--Members of the Task Force shall serve 
     without any additional compensation for their work on the 
     Task Force. However, members may be allowed travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5, United States Code, while 
     away from their homes or regular places of business in 
     performance of services for the Task Force.
       ``(5) Administration.--
       ``(A) Authority to establish rules and regulations.--The 
     Co-Chairs, in consultation with the other members of the Task 
     Force, may establish rules and regulations for the conduct of 
     Task Force business, if such rules and regulations are not 
     inconsistent with this section or other applicable law.
       ``(B) Quorum.--Fourteen members of the Task Force shall 
     constitute a quorum for purposes of voting, meeting, and 
     holding hearings.
       (C) Voting.--
       (i) Proxy voting.--No proxy voting shall be allowed on 
     behalf of the members of the Task Force.
       ``(ii) Report, recommendations and legislative language--
       ``(I) Dates.--The Task Force may not vote on any version of 
     the report, recommendations, or legislative language before 
     the timing provided for in paragraph (3)(B)(i).
       ``(II) Congressional budget office and joint committee on 
     taxation estimates.--The Congressional Budget Office and 
     Joint Committee on Taxation shall provide estimates of the 
     Task Force report and recommendations (as described in 
     subsection (b)(2)(D)) in accordance with section 308(a) and 
     201(f) of the Congressional Budget Act of 1974. The Task 
     Force may not vote on any version of the report, 
     recommendations, or legislative language unless a final 
     estimate is available for consideration by all the members at 
     least 72 hours prior to the vote.
       ``(D) Meetings.--
       ``(i) Initial meeting.--Not later than 45 days after the 
     date of enactment of this section, the Task Force shall hold 
     its first meeting.
       ``(ii) Meetings.--The Task Force shall meet at the call of 
     the Co-Chairs or at least 10 of its members.
       ``(iii) Agenda.--An agenda shall be provided to the Task 
     Force members at least 1 week in advance of any meeting. Task 
     Force members who want to have items placed on the agenda for 
     consideration shall notify the staff director as early as 
     possible, but not less than 48 hours in advance of a 
     scheduled meeting.
       ``(E) Hearings.--
       ``(i) In general.--Subject to subparagraph (G), the Task 
     Force may, for the purpose of carrying out this section, hold 
     such hearings, sit and act at such times and places, take 
     such testimony, receive such evidence, and administer such 
     oaths the Task Force considers advisable.
       ``(ii) Hearing procedures and responsibilities of co-
     chairs.--
       ``(I) Announcement.--The Task Force Co-Chairs shall make 
     public announcement of the date, place, time, and subject 
     matter of any hearing to be conducted at least 1 week in 
     advance of such hearing, unless the Co-Chairs determine that 
     there is good cause to begin such hearing at an earlier date.
       ``(II) Written statement.--A witness appearing before the 
     Task Force shall file a written statement of proposed 
     testimony at least 2 days prior to appearance, unless the 
     requirement is waived by the Co-Chairs, following their 
     determination that there is good cause for failure of 
     compliance.
       ``(F) Technical assistance.--Upon written request of the 
     Co-Chairs, a Federal agency shall provide technical 
     assistance to the Task Force in order for the Task Force to 
     carry out its duties.
       ``(G) Information.--
       ``(i) Resources.--
       ``(I) In general.--Notwithstanding section 1108 of title 
     31, United States Code, the Task Force shall have authority 
     to access assistance, materials, resources, statistical data, 
     and other information the Task Force determines to be 
     necessary to carry out its duties directly from an officer or 
     employee of any executive department, bureau, agency, board, 
     commission, office, independent establishment, or 
     instrumentality of the Government, including the Library of 
     Congress, the Chief Actuary of the Social Security 
     Administration, the Chief Actuary of the Centers for Medicare 
     & Medicaid Services, the Congressional Budget Office, the 
     Department of the Treasury, the Department of Health and 
     Human Services, the Office of Management and Budget, the 
     Government Accountability Office, and the Joint Committee on 
     Taxation. Each agency or instrumentality shall, to the extent 
     permitted by law, furnish such information to the Task Force 
     upon written request of the Co-Chairs.
       ``(II) Copies supplied.--Copies of written requests and all 
     written or electronic responses provided under this clause 
     shall be provided to the staff director and shall be made 
     available for review by all members of the Task Force upon 
     request.
       ``(ii) Receipt, handling, storage, and dissemination of 
     information.--Information shall only be received, handled, 
     stored, and disseminated by members of the Task Force and its 
     staff consistent with all applicable statutes, regulations, 
     and Executive orders.
       ``(iii) Limitation of access to tax information.--
     Information accessed under this subparagraph shall not 
     include tax data from the United States Internal Revenue 
     Service, the release of which would otherwise be in violation 
     of law.
       ``(H) Postal services.--The Task Force may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       ``(I) Assistance from federal agencies.--
       ``(i) General services administration.--Upon the request of 
     the Co-Chairs of the Task Force, the Administrator of General 
     Services shall provide to the Task Force, on a reimbursable 
     basis, the administrative support services necessary for the 
     Task Force to carry out its responsibilities under this 
     section. These administrative services may include human 
     resources management, budget, leasing, accounting, and 
     payroll services.
       ``(ii) Other departments and agencies.--In addition to the 
     assistance prescribed in clause (i), departments and agencies 
     of the United States may provide to the Task Force such 
     services, funds, facilities, staff, and other support 
     services as they may determine advisable and as may be 
     authorized by law.
       ``(J) Contract authority.--The Task Force is authorized to 
     enter into contracts with Federal and State agencies, private 
     firms, institutions, and individuals for the conduct of 
     activity necessary to the discharge of its duties and 
     responsibilities. A contract, lease, or other legal agreement 
     entered into by the Task Force may not extend beyond the date 
     of the termination of the Task Force.
       ``(c) Staff of Task Force.--
       ``(1) Appointment and compensation of shared staff.--The 
     Co-Chairs may appoint and fix the compensation of a staff 
     director and such other personnel as may be necessary to 
     enable the Task Force to carry out its functions, without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level III of the Executive Schedule under section 
     5314 of title 5, United States Code.
       ``(2) Additional staff for task force members.--Each member 
     of the Task Force may appoint up to 2 additional dedicated 
     staff and fix the compensation of such dedicated personnel 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, but 
     at rates not to exceed the daily rate paid a person occupying 
     a position at level III of the Executive Schedule under 
     section 5314 of title 5, United States Code. Dedicated staff 
     shall report to each appointing member.
       ``(3) Personnel as federal employees.--
       ``(A) In general.--The staff director and any personnel of 
     the Task Force who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       ``(B) Members of task force.--Subparagraph (A) shall not be 
     construed to apply to members of the Task Force.
       ``(4) Outside consultants.--No outside consultants or other 
     personnel, either by contract, detail, volunteer, or through 
     a remunerative agreement, may be hired without the approval 
     of the Co-Chairs.
       ``(5) Detailees.--With the approval of the Co-Chairs any 
     Federal Government employee may be detailed to the Task Force 
     with or without reimbursement from the Task Force, and such 
     detailee shall retain the rights, status, and privileges of 
     his or her regular employment without interruption. 
     Reimbursable amounts may include the fair value of equipment 
     and supplies used by the detailee in support of the Task 
     Force's activities. For the purpose of this paragraph, 
     Federal Government employees shall include employees of the 
     legislative branch.
       ``(6) Consultant services.--The Co-Chairs of the Task Force 
     are authorized to procure the services of experts and 
     consultants in accordance with section 3109 of title 5, 
     United States Code, but at rates not to exceed the daily rate 
     paid a person occupying a position at level III of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       ``(7) Temporary and intermittent services.--The Co-Chairs 
     of the Task Force may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level III of the Executive Schedule under section 5316 of 
     such title.
       ``(8) Volunteer services.--
       ``(A) In general.--Notwithstanding the provisions of 
     section 1342 of title 31, United States Code, the Co-Chairs 
     of the Task Force are authorized to accept and utilize the 
     services of volunteers serving without compensation. The Task 
     Force may reimburse such volunteers for local travel and 
     office supplies, and for other travel expenses, including per 
     diem in lieu of substance, as authorized by section 5703 of 
     title 5, United States Code.

[[Page 618]]

       ``(B) Employee status.--A person providing volunteer 
     services to the Task Force shall be considered an employee of 
     the Federal Government in the performance of those services 
     for the purposes of Chapter 81 of title 5, United States 
     Code, relating to compensation for work-related injuries, 
     chapter 171 of title 28, United States Code, relating to tort 
     claims and chapter 11 of title 18, United States Code, 
     relating to conflicts of interests.
       ``(C) Ethical guidelines for staff.--In the absence of 
     statutorily defined coverage, the staff, including staff 
     director, shall follow the ethical rules and guidelines of 
     the Senate. Staff coming from the private sector or outside 
     public government may petition the Co-Chairs for a waiver 
     from provisions of Senate Ethics rules.
       ``(9) Advisory panel.--The Task Force may establish an 
     advisory panel consisting of volunteers with knowledge and 
     expertise relevant to the Task Force's purpose. Membership of 
     the Advisory Panel, and the scope of the Panel's activities, 
     shall be decided by the Co-Chairs in consultation with the 
     other members of the Task Force.
       ``(d) Termination.--
       ``(1) In general.--The Task Force shall terminate on the 
     date that is 90 days after the Task Force submits the report 
     required under paragraph (b)(3)(B).
       ``(2) Concluding activities.--The Task Force may use the 
     90-day period referred to in paragraph (1) for the purpose of 
     concluding its activities, including providing testimony to 
     committees of Congress concerning its report and 
     disseminating the final report.
       ``(e) Consideration of Task Force Recommendations.--
       ``(1) Introduction of task force bill.--The proposed 
     legislative language contained in the report submitted 
     pursuant to subsection (b)(3)(B), upon receipt by the 
     Congress, shall be introduced in the Senate and in the House 
     of Representatives by the majority leader of each House of 
     Congress (by request), or by any member or members of that 
     House designated by the majority leader. If the Task Force 
     bill is not introduced in accordance with the preceding 
     sentence in either House of Congress within 5 days on which 
     that House is in session after receipt, then any member of 
     that House may introduce the Task Force bill on any day 
     thereafter. Upon introduction, the Task Force bill shall be 
     referred to the appropriate committees under paragraph (2).
       ``(2) Committee consideration.--A Task Force bill 
     introduced in either House of Congress shall be referred to 
     the appropriate committee or committees of jurisdiction under 
     the rules of that House.
       ``(3) Procedures.--
       ``(A) Consideration in house of representatives.--
     Notwithstanding any other provision of law, consideration of 
     a Task Force bill shall be governed by the Rules of the House 
     of Representatives, and no expedited procedures shall apply.
       ``(B) Consideration in senate.--Notwithstanding any other 
     provision of law, consideration of a Task Force bill shall be 
     governed by the Standing Rules of the Senate, and no 
     expedited procedures shall apply.''

     SEC. 3. FUNDING.

       From the amounts appropriated or made available and 
     remaining unobligated under division A (other than under 
     title X of division A) of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5), there is 
     rescinded pro rata an aggregate amount equal to $9,000,000, 
     which amount shall be made available without need for further 
     appropriation to the Bipartisan Task Force for Responsible 
     Fiscal Action to carry out the purposes of the Bipartisan 
     Task Force for Responsible Fiscal Action, and which shall 
     remain available through fiscal year 2011. Not later than 14 
     days after the date of enactment of this section, the 
     Director of the Office of Management and Budget shall 
     administer the rescission and make available such amount to 
     the Bipartisan Task Force for Responsible Fiscal Action.
                                 ______
                                 
  SA 3307. Mr. SPECTER (for Mr. Crapo) proposed an amendment to the 
resolution S. Res. 373, designating the month of February 2010 as 
``National Teen Dating Violence Awareness and Prevention Month'', as 
follows:

       In the sixteenth whereas clause of the preamble, strike 
     ``haven'' and insert ``have''.

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