    [United States Senate Manual, 118th Congress]
    [S. Doc. 118-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 438-443]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 438]]

                                       TITLE 29--LABOR

                   Chapter 18--EMPLOYEE RETIREMENT INCOME SECURITY PROGRAM

           381  Sec. 1306. Premium rates

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                (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 439]]

                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; Pub. L. 117-2, Title

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                IX, Sec. 9704(c), Mar. 11, 2021, 135 Stat. 195; Pub. L. 117-
                328, div. T, Title III, Sec. 349(a), (b), Dec. 29, 2022, 136
                Stat. 5385, 5386.)

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           382  Sec. 1322a. Multiemployer plan benefits guaranteed

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                (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--
                                (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

    [[Page 441]]

                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.
                    (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 sub

    [[Page 442]]

                section (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--
                                (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,

    [[Page 443]]

                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.)

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

                       united states senate procedures enacted in law