[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 423-427]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 423]]
 
                                   TITLE 29--LABOR

            
               Chapter 18--EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM

       379  Sec. 1306. Premium rates

                                    * * * * * * *

            (b) Revised schedule; Congressional procedures applicable
                (1) In order to place a revised schedule (other than a 
            schedule described in subsection (a)(2)(C), (D), or (E)) in 
            effect, the corporation shall transmit the proposed 
            schedule, its proposed effective date, and the reasons for 
            its proposal to the Committee on Ways and Means and the 
            Committee on Education and Labor of the House of 
            Representatives, and to the Committee on Finance and the 
            Committee on Labor and Human Resources of the Senate.
                (2) The succeeding paragraphs of this subsection are 
            enacted by Congress as an exercise of the rulemaking power 
            of the Senate and the House of Representatives, 
            respectively, and as such they shall be deemed a part of the 
            rules of each House, respectively, but applicable only with 
            respect to the procedure to be followed in that House in the 
            case of resolutions described in paragraph (3). They shall 
            supersede other rules only to the extent that they are 
            inconsistent therewith. They are enacted with full 
            recognition of the constitutional right of either House to 
            change the rules (so far as relating to the procedure of 
            that House) at any time, in the same manner and to the same 
            extent as in the case of any rule of that House.
                (3) For the purpose of the succeeding paragraphs of this 
            subsection, ``resolution'' means only a joint resolution, 
            the matter after the resolving clause of which is as 
            follows: ``The proposed revised schedule transmitted to 
            Congress by the Pension Benefit Guaranty Corporation on_____ 
            is hereby approved.'', the blank space therein being filled 
            with the date on which the corporation's message proposing 
            the rate was delivered.
                (4) A resolution shall be referred to the Committee on 
            Ways and Means and the Committee on Education and Labor of 
            the House of Representatives and to the Committee on Finance 
            and the Committee on Labor and Human Resources of the 
            Senate.
                (5) If a committee to which has been referred a 
            resolution has not reported it before the expiration of 10 
            calendar days after its introduction, it shall then (but not 
            before) be in order to move to discharge the committee from 
            further consideration of that resolution, or to discharge 
            the committee from further consideration of any other 
            resolution with respect to the proposed adjustment which has 
            been referred to the committee. The motion to discharge may 
            be made only by a person favoring the resolution, shall be 
            highly privileged (except that it may not be made after the 
            committee has reported a resolution with respect to the same 
            proposed rate), and debate thereon shall be limited to not 
            more than 1 hour, to be divided equally between those 
            favoring and those opposing the resolution. An amendment to 
            the motion is

[[Page 424]]

            not in order, and it is not in order to move to reconsider 
            the vote by which the motion is agreed to or disagreed to. 
            If the motion to discharge is agreed to or disagreed to, the 
            motion may not be renewed, nor may another motion to 
            discharge the committee be made with respect to any other 
            resolution with respect to the same proposed rate.
                (6) When a committee has reported, or has been 
            discharged from further consideration of a resolution, it is 
            at any time thereafter in order (even though a previous 
            motion to the same effect has been disagreed to) to move to 
            proceed to the consideration of the resolution. The motion 
            is highly privileged and is not debatable. An amendment to 
            the motion is not in order, and it is not in order to move 
            to reconsider the vote by which the motion is agreed to or 
            disagreed to. Debate on the resolution shall be limited to 
            not more than 10 hours, which shall be divided equally 
            between those favoring and those opposing the resolution. A 
            motion further to limit debate is not debatable. An 
            amendment to, or motion to recommit, the resolution is not 
            in order, and it is not in order to move to reconsider the 
            vote by which the resolution is agreed to or disagreed to.
                (7) Motions to postpone, made with respect to the 
            discharge from committee, or the consideration of, a 
            resolution and motions to proceed to the consideration of 
            other business shall be decided without debate. Appeals from 
            the decisions of the Chair relating to the application of 
            the rules of the Senate or the House of Representatives, as 
            the case may be, to the procedure relating to a resolution 
            shall be decided without debate. (Pub. L. 93-406, Title IV, 
            Sec. 4006, Sept. 2, 1974, 88 Stat. 1010; Pub. L. 96-364, 
            Title I, Sec. 105, Sept. 26, 1980, 94 Stat. 1264; Pub. L. 
            99-272, Title XI, Sec. 11005(a)-(c)(3), Apr. 7, 1986, 100 
            Stat. 240-242; Pub. L. 100-203, Title IX, Sec. 9331(a), (b), 
            (e), Dec. 22, 1987, 101 Stat. 1330-367, 1330-368; Pub. L. 
            101-239, Title VII, Sec. 7881(h), Dec. 19, 1989, 103 Stat. 
            2442; Pub. L. 101-508, Title XII, Sec. 12021(a), (b), Nov. 
            5, 1990, 104 Stat. 1388-573; Pub. L. 103-465, Title VII, 
            Sec. 774(a)(1), (b)(1), (2), Dec. 8, 1994, 108 Stat. 5045 , 
            5046; Pub. L. 107-147, Title IV, Sec. 405(c), Mar. 9, 2002, 
            116 Stat. 43; Pub. L. 108-218, Title I, Sec. 101(a)(4), Apr. 
            10, 2004, 118 Stat. 597; Pub. L. 108-311, Title IV, 
            Sec. 403(d), Oct. 4, 2004, 118 Stat. 1187; Pub. L. 109-171, 
            Title VIII, Sec. 8101(a)-(c), Feb. 8, 2006, 120 Stat. 180-
            182; Pub. L. 109-280, Title III, Sec. 301(a)(3), Title IV, 
            Sec. Sec. 401(a)(1), (b)(1), (2)(A), 405(a), Aug. 17, 2006, 
            120 Stat. 919, 922, 928; Pub. L. 110-458, Title I, 
            Sec. 104(a), Dec. 23, 2008, 122 Stat. 5104; Pub. L. 112-141, 
            div. D, Title II, Sec. Sec. 40211(b)(3)(C), 40221, 40222, 
            July 6, 2012, 126 Stat. 849-852; Pub. L. 113-67, div. A, 
            Title VII, Sec. 703(a)-(d), Dec. 26, 2013, 127 Stat. 1190, 
            1191; Pub. L. 113-235, div. O, Title I, Sec. 131(a), Dec. 
            16, 2014, 128 Stat. 2796; Pub. L. 114-74, Title V, 
            Sec. 501(a)-(b)(2), Nov. 2, 2015, 129 Stat. 591, 592; Pub. 
            L. 116-94, div. O, Title II, Sec. 206, Dec. 20, 2019, 133 
            Stat. 3174.)

                                    * * * * * * *

       380  Sec. 1322a. Multiemployer plan benefits guaranteed

                                    * * * * * * *

            (f) Study, report, etc., respecting premium increase in 
                existing basic-benefit guarantee levels; Congressional 
                procedures applicable for revision of schedules
                (1) No later than 5 years after September 26, 1980, and 
            at least every fifth year thereafter, the corporation 
            shall--

[[Page 425]]

                            (A) conduct a study to determine--

                                (i) the premiums needed to maintain the 
                            basic-benefit guarantee levels for 
                            multiemployer plans described in subsection 
                            (c), and

                                (ii) whether the basic-benefit guarantee 
                            levels for multiemployer plans may be 
                            increased without increasing the basic-
                            benefit premiums for multiemployer plans 
                            under this subchapter; and

                            (B) report such determinations to the 
                        Committee on Ways and Means and the Committee on 
                        Education and Labor of the House of 
                        Representatives and to the Committee on Finance 
                        and the Committee on Labor and Human Resources 
                        of the Senate.
                (2)(A) If the last report described in paragraph (1) 
            indicates that a premium increase is necessary to support 
            the existing basic-benefit guarantee levels for 
            multiemployer plans, the corporation shall transmit to the 
            Committee on Ways and Means and the Committee on Education 
            and Labor of the House of Representatives and to the 
            Committee on Finance and the Committee on Labor and Human 
            Resources of the Senate by March 31 of any calendar year in 
            which congressional action under this subsection is 
            requested--
                            (i) a revised schedule of basic-benefit 
                        guarantees for multiemployer plans which would 
                        be necessary in the absence of an increase in 
                        premiums approved in accordance with section 
                        1306(b) of this title,
                            (ii) a revised schedule of basic-benefit 
                        premiums for multiemployer plans which is 
                        necessary to support the existing basic-benefit 
                        guarantees for such plans, and
                            (iii) a revised schedule of basic-benefit 
                        guarantees for multiemployer plans for which the 
                        schedule of premiums necessary is higher than 
                        the existing premium schedule for such plans but 
                        lower than the revised schedule of premiums for 
                        such plans specified in clause (ii), together 
                        with such schedule of premiums.
                (B) The revised schedule of increased premiums referred 
            to in subparagraph (A)(ii) or (A)(iii) shall go into effect 
            as approved by the enactment of a joint resolution.
                (C) If an increase in premiums is not so enacted, the 
            revised guarantee schedule described in subparagraph (A)(i) 
            shall go into effect on the first day of the second calendar 
            year following the year in which such revised guarantee 
            schedule was submitted to the Congress.
                (3)(A) If the last report described in paragraph (1) 
            indicates that basic-benefit guarantees for multiemployer 
            plans can be increased without increasing the basic-benefit 
            premiums for multiemployer plans under this subchapter, the 
            corporation shall submit to the Committee on Ways and Means 
            and the Committee on Education and Labor of the House of 
            Representatives and to the Committee on Finance and the 
            Committee on Labor and Human Resources of the Senate by 
            March 31 of the calendar year in which congressional action 
            under this paragraph is requested--
                            (i) a revised schedule of increases in the 
                        basic-benefit guarantees which can be supported 
                        by the existing schedule of basic-benefit 
                        premiums for multiemployer plans, and
                            (ii) a revised schedule of basic-benefit 
                        premiums sufficient to support the existing 
                        basic-benefit guarantees.

[[Page 426]]

                (B) The revised schedules referred to in subparagraph 
            (A)(i) or subparagraph (A)(ii) shall go into effect as 
            approved by the enactment of a joint resolution.
                (4)(A) The succeeding subparagraphs of this paragraph 
            are enacted by the Congress as an exercise of the rulemaking 
            power of the Senate and the House of Representatives, 
            respectively, and as such they shall be deemed a part of the 
            rules of each House, respectively, but applicable only with 
            respect to the procedure to be followed in that House in the 
            case of joint resolutions (as defined in subparagraph (B)). 
            Such subparagraphs shall supersede other rules only to the 
            extent that they are inconsistent therewith. They are 
            enacted with full recognition of the constitutional right of 
            either House to change the rules (so far as relating to the 
            procedure of that House) at any time, in the same manner, 
            and to the same extent as in the case of any rule of that 
            House.
                (B) For purposes of this subsection, ``joint 
            resolution'' means only a joint resolution, the matter after 
            the resolving clause of which is as follows: ``The proposed 
            schedule described in transmitted to the Congress by the 
            Pension Benefit Guaranty Corporation on is hereby 
            approved.'', the first blank space therein being filled with 
            ``section 4022A(f)(2)(A)(ii) of the Employee Retirement 
            Income Security Act of 1974'', ``section 4022A(f)(2)(A)(iii) 
            of the Employee Retirement Income Security Act of 1974'', 
            ``section 4022A(f)(3)(A)(i) of the Employee Retirement 
            Income Security Act of 1974'', or ``section 
            4022A(f)(3)(A)(ii) of the Employee Retirement Income 
            Security Act of 1974'' (whichever is applicable), and the 
            second blank space therein being filled with the date on 
            which the corporation's message proposing the revision was 
            submitted.
                (C) The procedure for disposition of a joint resolution 
            shall be the procedure described in section 1306(b)(4) 
            through (7) of this title.
            (g) Guarantee of payment of other classes of benefits and 
                establishment of terms and conditions of guarantee; 
                promulgation of regulations for establishment of 
                supplemental program to guarantee benefits otherwise 
                ineligible; status of benefits; applicability of revised 
                schedule of premiums
                (1) The corporation may guarantee the payment of such 
            other classes of benefits under multiemployer plans, and 
            establish the terms and conditions under which those other 
            classes of benefits are guaranteed, as it determines to be 
            appropriate.
                (2)(A) The corporation shall prescribe regulations to 
            establish a supplemental program to guarantee benefits under 
            multiemployer plans which would be guaranteed under this 
            section but for the limitations in subsection (c). Such 
            regulations shall be proposed by the corporation no later 
            than the end of the 18th calendar month following September 
            26, 1980. The regulations shall make coverage under the 
            supplemental program available no later than January 1, 
            1983. Any election to participate in the supplemental 
            program shall be on a voluntary basis, and a plan electing 
            such coverage shall continue to pay the premiums required 
            under section 1306(a)(2)(B) of this title to the revolving 
            fund used pursuant to section 1305 of this title in 
            connection with benefits otherwise guaranteed under this 
            section. Any such election shall be irrevocable, except to 
            the extent otherwise provided by regulations prescribed by 
            the corporation.
                (B) The regulations prescribed under this paragraph 
            shall provide--

[[Page 427]]

                            (i) that a plan must elect coverage under 
                        the supplemental program within the time 
                        permitted by the regulations;
                            (ii) unless the corporation determines 
                        otherwise, that a plan may not elect 
                        supplemental coverage unless the value of the 
                        assets of the plan as of the end of the plan 
                        year preceding the plan year in which the 
                        election must be made is an amount equal to 15 
                        times the total amount of the benefit payments 
                        made under the plan for that year; and
                            (iii) such other reasonable terms and 
                        conditions for supplemental coverage, including 
                        funding standards and any other reasonable 
                        limitations with respect to plans or benefits 
                        covered or to means of program financing, as the 
                        corporation determines are necessary and 
                        appropriate for a feasible supplemental program 
                        consistent with the purposes of this subchapter.
                (3) Any benefits guaranteed under this subsection shall 
            be considered nonbasic benefits for purposes of this 
            subchapter.
                (4)(A) No revised schedule of premiums under this 
            subsection, after the initial schedule, shall go into effect 
            unless--
                            (i) the revised schedule is submitted to the 
                        Congress, and
                            (ii) a joint resolution described in 
                        subparagraph (B) is not enacted before the close 
                        of the 60th legislative day after such schedule 
                        is submitted to the Congress.
                (B) For purposes of subparagraph (A), a joint resolution 
            described in this subparagraph is a joint resolution the 
            matter after the resolving clause of which is as follows: 
            ``The revised premium schedule transmitted to the Congress 
            by the Pension Benefit Guaranty Corporation under section 
            4022A(g)(4) of the Employee Retirement Income Security Act 
            of 1974 on ______ is hereby disapproved.'', the blank space 
            therein being filled with the date on which the revised 
            schedule was submitted.
                (C) For purposes of subparagraph (A), the term 
            ``legislative day'' means any calendar day other than a day 
            on which either House is not in session because of a sine 
            die adjournment or an adjournment of more than 3 days to a 
            day certain.
                (D) The procedure for disposition of a joint resolution 
            described in subparagraph (B) shall be the procedure 
            described in paragraphs (4) through (7) of section 1306(b) 
            of this title.
                (5) Regulations prescribed by the corporation to carry 
            out the provisions of this subsection, may, to the extent 
            provided therein, supersede the requirements of sections 
            1426, 1431, and 1441 of this title, and the requirements of 
            section 418E of title 26, but only with respect to benefits 
            guaranteed under this subsection. (Pub. L. 93-406, Title IV, 
            Sec. 4022A, as added Pub. L. 96-364, Title I, Sec. 102, 
            Sept. 26, 1980, 94 Stat. 1210; amended Pub. L. 99-272, Title 
            XI, Sec. 11005(c)(4)-(12), Apr. 7, 1986, 100 Stat. 242; Pub. 
            L. 101-239, Title VII, Sec. Sec. 7891(a)(1), 7893(b), 
            7894(g)(3)(C)(i), Dec. 19, 1989, 103 Stat. 2445, 2447, 2451; 
            Pub. L. 106-554, Sec. 1(a)(6) [Title IX, Sec. 951(a)], Dec. 
            21, 2000, 114 Stat. 2763, 2763A-586; Pub. L. 113-235, div. 
            O, Title I, Sec. 110(a), Dec. 16, 2014, 128 Stat. 2792.)

                                    * * * * * * *
                            31 u.s.c.--money and finance

                   united states senate procedures enacted in law