I 

110TH CONGRESS 

1ST SESSION H. R. 2084 

To reform Federal budget procedures, to impose spending safeguards, to 

combat waste, fraud, and abuse, to account for accurate Government 

agency costs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2007 

Mr. HENSARLING (for himself, Mr. RYAN of Wisconsin, Mr. CAMPBELL of 

California, Mr. HERGER, Mr. BARTON of Texas, Mr. BILBRAY, Mr. 

SHADEGG, Mr. LAMBORN, Mr. BURTON of Indiana, Mr. CANTOR, Mr. 

GOODE, Mr. AKIN, Mr. GINGREY, Mr. POE, Mr. PITTS, Mr. PRICE of 

Georgia, Mrs. BLACKBURN, Mr. GARRETT of New Jersey, Mr. MACK, Mr. 

ROHRABACHER, Mr. BRADY of Texas, Mr. RADANOVICH, Mr. MARIO

DIAZ-BALART of Florida, Mr. COLE of Oklahoma, Mr. KING of Iowa, Mr. 

FEENEY, Ms. FOXX, and Mr. BARRETT of South Carolina) introduced 

the following bill; which was referred to the Committee on the Budget, 

and in addition to the Committees on Rules, Ways and Means, Appropriations, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform Federal budget procedures, to impose spending 

safeguards, to combat waste, fraud, and abuse, to account for accurate Government agency costs, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Family Budget Protection Act of 2007’’. 

4 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Effective date. 

TITLE I—A SIMPLE AND BINDING BUDGET 

Subtitle A—Joint Budget Resolutions 

Sec. 101. Declaration of purposes for the Budget Act. 

Sec. 102. The timetable. 

Sec. 103. Annual joint resolutions on the budget. 

Sec. 104. Budget required before spending bills may be considered. 

Sec. 105. Amendments to effectuate joint resolutions on the budget. 

Subtitle B—Budgeting for Emergencies 

Sec. 111. Purpose. 

Sec. 112. Repeal of adjustments for emergencies. 

Sec. 113. OMB emergency criteria. 

Sec. 114. Development of guidelines for application of emergency definition. 

Sec. 115. Reserve Fund for emergencies in President’s budget. 

Sec. 116. Adjustments and Reserve Fund for emergencies in joint budget resolutions. 

Sec. 117. Application of section 306 to emergencies in excess of amounts in Reserve Fund. 

Sec. 118. Up-to-date tabulations. 

Sec. 119. Prohibition on amendments to emergency Reserve Fund. 

Subtitle C—Biennial Budget Option 

Sec. 121. Effective date. 

Sec. 122. Revision of timetable. 

Sec. 123. Amendments to the Congressional Budget and Impoundment Control 

Act of 1974. 

Sec. 124. Amendments to rules of the House of Representatives. 

Sec. 125. Amendments to title 31, United States Code. 

Sec. 126. Two-year appropriations; title and style of appropriation Acts. 

Sec. 127. Multiyear authorizations. 

Sec. 128. Government strategic and performance plans on a biennial basis. 

Sec. 129. Biennial appropriation bills. 

Sec. 130. Assistance by Federal agencies to standing committees of the Senate 

and the House of Representatives. 

Subtitle D—Prevention of Government Shutdown 

Sec. 141. Amendment to title 31. 

Subtitle E—The Baseline 

Sec. 151. Elimination of inflation adjustment. 

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Sec. 152. The President’s budget. 

Sec. 153. The Congressional budget. 

Sec. 154. Congressional Budget Office reports to committees. 

Sec. 155. Treatment of emergencies. 

TITLE II—PUTTING A LID ON THE FEDERAL BUDGET 

Subtitle A—Spending Safeguards on the Growth of Entitlements and 

Mandatories 

Sec. 201. Spending caps on growth of entitlements and mandatories. 

Sec. 202. Exempt programs and activities. 

Sec. 203. Exceptions, limitations, and special rules. 

Sec. 204. Point of order. 

Sec. 205. Technical and conforming amendments. 

Sec. 206. Establishment of budget protection mandatory Account. 

Subtitle B—Discretionary Spending Limits 

Sec. 211. Enforcing discretionary spending limits. 

Sec. 212. Establishment of budget protection discretionary Account. 

Sec. 213. Revenue adjustment. 

Subtitle C—Long-Term Unfunded Obligations 

Sec. 221. Long-term unfunded obligations. 

Sec. 222. Points of order. 

Sec. 223. Social Security. 

TITLE III—COMBATING WASTE, FRAUD, AND ABUSE 

Subtitle A—Sunsetting 

Sec. 301. Reauthorization of discretionary programs and unearned entitlements. 

Sec. 302. Point of order. 

Sec. 303. Decennial sunsetting. 

Subtitle B—Legislative Line-Item Veto 

Sec. 311. Legislative line-item veto. 

Sec. 312. Technical and conforming amendments. 

Sec. 313. Sense of Congress on abuse of proposed cancellations. 

Sec. 314. Amending House rules to require that rescission bills always be considered under open rules. 

Subtitle C—Commission to Eliminate Waste, Fraud, and Abuse 

Sec. 331. Establishment of Commission. 

Sec. 332. Duties of the Commission. 

Sec. 333. Powers of the Commission. 

Sec. 334. Commission personnel matters. 

Sec. 335. Termination of the Commission. 

Sec. 336. Congressional consideration of reform proposals. 

Sec. 337. Authorization of appropriations. 

TITLE IV—TRUTH IN ACCOUNTING 

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Subtitle A—Accrual Funding of Pensions and Retirement Pay for Federal 

Employees and Uniformed Services Personnel 

Sec. 401. Civil Service Retirement System. 

Sec. 402. Central Intelligence Agency Retirement and Disability System. 

Sec. 403. Foreign Service Retirement and Disability System. 

Sec. 404. Public Health Service Commissioned Corps Retirement System. 

Sec. 405. National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement System. 

Sec. 406. Coast Guard Military Retirement System. 

Subtitle B—Accrual Funding of Post-Retirement Health Benefits Costs for 

Federal Employees 

Sec. 411. Federal employees health benefits fund. 

Sec. 412. Funding Uniformed Services health benefits for all retirees. 

Sec. 413. Effective date. 

Subtitle C—Earmark Transparency 

Sec. 421. Prohibition on obligation of funds for earmarks included only in Congressional reports. 

Sec. 422. Definitions. 

Subtitle D—Public Debt Limit Reform 

Sec. 431. Limit on public debt. 

Sec. 432. Repeal of the Gephardt Rule. 

Subtitle E—Risk-Assumed Budgeting 

Sec. 441. Federal insurance programs. 

TITLE V—MAINTAINING A COMMITMENT TO THE FAMILY 

BUDGET 

Subtitle A—Further Enforcement Amendments 

Sec. 501. Super-majority points of order in the House of Representatives and 

the Senate. 

Sec. 502. Budget resolution enforcement point of order. 

Sec. 503. Point of order waiver protection. 

Subtitle B—The Byrd Rule 

Sec. 511. Limitation on Byrd Rule. 

Subtitle C—Treatment of Extraneous Appropriations in Omnibus 

Appropriation Measures 

Sec. 521. Treatment of extraneous appropriations. 

1 SEC. 2. EFFECTIVE DATE. 

2 Except as otherwise specifically provided, this Act 

3 and the amendments made by this Act shall become effecmstockstill on PROD1PC66 with BILLS

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1 tive on the date of enactment of this Act and shall apply 

2 with respect to fiscal years beginning after September 30, 

3 2008. 

4 TITLE I—A SIMPLE AND BINDING 

5 BUDGET 

6 Subtitle A—Joint Budget 

7 Resolutions 

8 SEC. 101. DECLARATION OF PURPOSES FOR THE BUDGET 

9 ACT. 

10 Paragraphs (1) and (2) of section 2 of the Congres11 sional Budget and Impoundment Control Act of 1974 are 

12 amended to read as follows: 

13 ‘‘(1) to assure effective control over the budg14 etary process; 

15 ‘‘(2) to facilitate the determination each year of 

16 the appropriate level of Federal revenues and ex17 penditures by the Congress and the President;’’. 

18 SEC. 102. THE TIMETABLE. 

19 Section 300 of the Congressional Budget Act of 1974 

20 is amended to read as follows: 

21 ‘‘TIMETABLE

22 ‘‘SEC. 300. The timetable with respect to the congres23 sional budget process for any fiscal year is as follows: 

‘‘On or before: Action to be completed: 

First Monday in February ................... President submits his budget 

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‘‘On or before: Action to be completed: 

February 15 ......................................... Congressional Budget Office submits 

report to Budget Committees 

Not later than 6 weeks after President 

submits budget.

Committees submit views and estimates to Budget Committees 

April 1 .................................................. Budget Committees report joint resolution on the budget 

April 15 ................................................ Congress completes action on joint resolution on the budget 

‘‘On or before: Action to be completed: 

June 10 ................................................ House Appropriations Committee reports last annual appropriation bill 

June 15 ................................................ Congress completes action on reconciliation legislation 

June 30 ................................................ House completes action on annual appropriation bills 

October 1 .............................................. Fiscal year begins’’. 

1 SEC. 103. ANNUAL JOINT RESOLUTIONS ON THE BUDGET. 

2 (a) CONTENT OF ANNUAL JOINT RESOLUTIONS ON

3 THE BUDGET.—Section 301(a)(4) of the Congressional 

4 Budget Act of 1974 is amended to read as follows: 

5 ‘‘(4) subtotals of new budget authority and out6 lays for nondefense discretionary spending, defense 

7 discretionary spending, direct spending (excluding 

8 interest), and interest; and for emergencies (for the 

9 reserve fund in section 316(b) and for military oper10 ations in section 316(c));’’. 

11 (b) ADDITIONAL MATTERS IN JOINT RESOLUTION.— 

12 Section 301(b) of the Congressional Budget Act of 1974 

13 is amended as follows: 

14 (1) Strike paragraphs (1), (4), and (6) through 

15 (9). 

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1 (2) Redesignate paragraphs (2), (3), and (5) 

2 accordingly, insert ‘‘and’’ after the new paragraph 

3 (1), and in the new paragraph (2) strike the semi4 colon and insert a period. 

5 (c) REQUIRED CONTENTS OF REPORT.—Section 

6 301(e)(2) of the Congressional Budget Act of 1974 is 

7 amended as follows: 

8 (1) Redesignate subparagraphs (A), (B), (C), 

9 (D), (E), and (F) as subparagraphs (B), (C), (E), 

10 (F), (H), and (I), respectively. 

11 (2) In subparagraph (C) (as redesignated), 

12 strike ‘‘mandatory’’ and insert ‘‘direct spending’’. 

13 (3) After subparagraph (C) (as redesignated), 

14 insert the following new subparagraph: 

15 ‘‘(D) a measure, as a percentage of gross 

16 domestic product, of total outlays, total Federal 

17 revenues, the surplus or deficit, and new out18 lays for nondefense discretionary spending, de19 fense spending, and direct spending as set forth 

20 in such resolution;’’. 

21 (4) After subparagraph (F) (as redesignated), 

22 insert the following new subparagraph: 

23 ‘‘(G) if the joint resolution on the budget 

24 includes any allocation to a committee other 

25 than the Committee on Appropriations of levels 

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1 in excess of current law levels, a justification 

2 for not subjecting any program, project, or ac3 tivity (for which the allocation is made) to an4 nual discretionary appropriations;’’. 

5 (d) ADDITIONAL CONTENTS OF REPORT.—Section 

6 301(e)(3) of the Congressional Budget Act of 1974 is 

7 amended as follows: 

8 (1) Redesignate subparagraphs (A) and (B) as 

9 subparagraphs (B) and (C), respectively, strike sub10 paragraphs (C) and (D), and redesignate subpara11 graph (E) as subparagraph (D) and strike the pe12 riod and insert ‘‘; and’’. 

13 (2) Before subparagraph (B), insert the fol14 lowing new subparagraph: 

15 ‘‘(A) new budget authority and outlays for 

16 each major functional category, based on alloca17 tions of the total levels set forth pursuant to 

18 subsection (a)(1);’’. 

19 (3) At the end, add the following new subpara20 graph: 

21 ‘‘(E) set forth, if required by subsection 

22 (f), the calendar year in which, in the opinion 

23 of the Congress, the goals for reducing unem24 ployment set forth in section 4(b) of the Em25 ployment Act of 1946 should be achieved.’’. 

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1 (e) PRESIDENT’S BUDGET SUBMISSION TO THE CON2 GRESS.—(1) The first two sentences of section 1105(a) 

3 of title 31, United States Code, are amended to read as 

4 follows: ‘‘On or after the first Monday in January but not 

5 later than the first Monday in February of each year the 

6 President shall submit a budget of the United States Gov7 ernment for the following fiscal year which shall set forth 

8 the following levels: 

9 ‘‘(A) totals of new budget authority and out10 lays; 

11 ‘‘(B) total Federal revenues and the amount, if 

12 any, by which the aggregate level of Federal reve13 nues should be increased or decreased by bills and 

14 resolutions to be reported by the appropriate com15 mittees; 

16 ‘‘(C) the surplus or deficit in the budget; 

17 ‘‘(D) subtotals of new budget authority and 

18 outlays for nondefense discretionary spending, de19 fense discretionary spending, direct spending (ex20 cluding interest), and interest, and for emergencies 

21 (for the reserve fund in section 316(b) and for mili22 tary operations in section 316(c)); and 

23 ‘‘(E) the public debt. 

24 Each budget submission shall include a budget message 

25 and summary and supporting information and, as a sepamstockstill on PROD1PC66 with BILLS

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1 rately delineated statement, the levels requires in the pre2 ceding sentence for at least each of the 4 ensuing fiscal 

3 years.’’. 

4 (2) The third sentence of section 1105(a) of title 31, 

5 United States Code, is amended by inserting ‘‘submission’’ 

6 after ‘‘budget’’. 

7 (f) LIMITATION ON CONTENTS OF BUDGET RESOLU8 TIONS.—Section 305 of the Congressional Budget Act of 

9 1974 is amended by adding at the end the following new 

10 subsection: 

11 ‘‘(e) LIMITATION ON CONTENTS.—(1) It shall not be 

12 in order in the House of Representatives or in the Senate 

13 to consider any joint resolution on the budget or any 

14 amendment thereto or conference report thereon that con15 tains any matter referred to in paragraph (2). 

16 ‘‘(2) Any joint resolution on the budget or any 

17 amendment thereto or conference report thereon that con18 tains any matter not permitted in section 301(a) or (b) 

19 shall not be treated in the House of Representatives or 

20 the Senate as a budget resolution under subsection (a) or 

21 (b) or as a conference report on a budget resolution under 

22 subsection (c) of this section.’’. 

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1 SEC. 104. BUDGET REQUIRED BEFORE SPENDING BILLS 

2 MAY BE CONSIDERED. 

3 (a) AMENDMENTS TO SECTION 302.—Section 302 of 

4 the Congressional Budget Act of 1974 is amended— 

5 (1) in subsection (a), by striking paragraph (5); 

6 and 

7 (2) in subsection (f)(1)(A), by striking ‘‘as re8 ported’’. 

9 (b) AMENDMENTS TO SECTION 303 AND CON10 FORMING AMENDMENTS.—(1) Section 303 of the Con11 gressional Budget Act of 1974 is amended by striking ‘‘(a) 

12 IN GENERAL.—’’, by striking ‘‘has been agreed to’’ and 

13 inserting ‘‘takes effect in subsection (a), and by striking 

14 subsections (b) and (c); and 

15 (2) by striking its section heading and inserting the 

16 following new section heading: ‘‘CONSIDERATION OF

17 BUDGET-RELATED LEGISLATION BEFORE BUDGET BE18 COMES LAW’’. 

19 (c) ADDITIONAL AMENDMENTS.—(1) Section 

20 302(g)(1) of the Congressional Budget Act of 1974 is 

21 amended by striking ‘‘and, after April 15, section 303’’. 

22 (2)(A) Section 904(c)(1) of the Congressional Budget 

23 Act of 1974 is amended by inserting ‘‘303,’’ before 

24 ‘‘305(b)(2),’’. 

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1 (B) Section 904(d)(2) of the Congressional Budget 

2 Act of 1974 is amended by inserting ‘‘303,’’ before 

3 ‘‘305(b)(2),’’. 

4 (d) EXPEDITED PROCEDURES UPON VETO OF JOINT

5 RESOLUTION ON THE BUDGET.—(1) Title III of the Con6 gressional Budget Act of 1974 (as amended by section 

7 116) is further amended by adding after section 316 the 

8 following new section: 

9 ‘‘EXPEDITED PROCEDURES UPON VETO OF JOINT

10 RESOLUTION ON THE BUDGET

11 ‘‘SEC. 317. (a) SPECIAL RULE.—If the President ve12 toes a joint resolution on the budget for a fiscal year, the 

13 majority leader of the House of Representatives or Senate 

14 (or his designee) may introduce a concurrent resolution 

15 on the budget or joint resolution on the budget for such 

16 fiscal year. If the Committee on the Budget of either 

17 House fails to report such concurrent or joint resolution 

18 referred to it within five calendar days (excluding Satur19 days, Sundays, or legal holidays except when that House 

20 of Congress is in session) after the date of such referral, 

21 the committee shall be automatically discharged from fur22 ther consideration of such resolution and such resolution 

23 shall be placed on the appropriate calendar. 

24 ‘‘(b) PROCEDURE IN THE HOUSE OF REPRESENTA25 TIVES AND THE SENATE.— 

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1 ‘‘(1) Except as provided in paragraph (2), the 

2 provisions of section 305 for the consideration in the 

3 House of Representatives and in the Senate of joint 

4 resolutions on the budget and conference reports 

5 thereon shall also apply to the consideration of con6 current resolutions on the budget introduced under 

7 subsection (a) and conference reports thereon. 

8 ‘‘(2) Debate in the Senate on any concurrent 

9 resolution on the budget or joint resolution on the 

10 budget introduced under subsection (a), and all 

11 amendments thereto and debatable motions and ap12 peals in connection therewith, shall be limited to not 

13 more than 10 hours and in the House such debate 

14 shall be limited to not more than 3 hours. 

15 ‘‘(c) CONTENTS OF CONCURRENT RESOLUTIONS.— 

16 Any concurrent resolution on the budget introduced under 

17 subsection (a) shall be in compliance with section 301. 

18 ‘‘(d) EFFECT OF CONCURRENT RESOLUTION ON THE

19 BUDGET.—Notwithstanding any other provision of this 

20 title, whenever a concurrent resolution on the budget de21 scribed in subsection (a) is agreed to, then the aggregates, 

22 allocations, and reconciliation directives (if any) contained 

23 in the report accompanying such concurrent resolution or 

24 in such concurrent resolution shall be considered to be the 

25 aggregates, allocations, and reconciliation directives for all 

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1 purposes of sections 302, 303, and 311 for the applicable 

2 fiscal years and such concurrent resolution shall be 

3 deemed to be a joint resolution for all purposes of this 

4 title and the Rules of the House of Representatives and 

5 any reference to the date of enactment of a joint resolution 

6 on the budget shall be deemed to be a reference to the 

7 date agreed to when applied to such concurrent resolu8 tion.’’. 

9 (2) The table of contents set forth in section 1(b) of 

10 the Congressional Budget and Impoundment Control Act 

11 of 1974 is amended by inserting after the item relating 

12 to section 316 the following new item: 

‘‘Sec. 317. Expedited procedures upon veto of joint resolution on the budget.’’. 

13 SEC. 105. AMENDMENTS TO EFFECTUATE JOINT RESOLU14 TIONS ON THE BUDGET. 

15 (a) DEFINITION.—Paragraph (4) of section 3 of the 

16 Congressional Budget Act of 1974 is amended to read as 

17 follows: 

18 ‘‘(4) the term ‘joint resolution on the budget’ 

19 means— 

20 ‘‘(A) a joint resolution setting forth the 

21 budget for the United States Government for a 

22 fiscal year as provided in section 301; and 

23 ‘‘(B) any other joint resolution revising the 

24 budget for the United States Government for a 

25 fiscal year as described in section 304.’’. 

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1 (b) ADDITIONAL AMENDMENTS TO THE CONGRES2 SIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF

3 1974.—(1)(A) Sections 301, 302, 303, 305, 308, 310, 

4 311, 312, 314, 405, and 904 of the Congressional Budget 

5 Act of 1974 (2 U.S.C. 621 et seq.) are amended by strik6 ing ‘‘concurrent’’ each place it appears and inserting 

7 ‘‘joint’’. 

8 (B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 

9 310(d)(1) of the Congressional Budget Act of 1974 are 

10 amended by striking ‘‘most recently agreed to concurrent 

11 resolution on the budget’’ each place it occurs and insert12 ing ‘‘most recently enacted joint resolution on the budget 

13 or agreed to concurrent resolution on the budget (as appli14 cable)’’. 

15 (ii) The section heading of section 301 is amended 

16 by striking ‘‘adoption of concurrent resolution’’ and insert17 ing ‘‘joint resolutions’’; and 

18 (iii) Section 304 of such Act is amended to read as 

19 follows: 

20 ‘‘PERMISSIBLE REVISIONS OF BUDGET RESOLUTIONS

21 ‘‘SEC. 304. At any time after the joint resolution on 

22 the budget for a fiscal year has been enacted pursuant 

23 to section 301, and before the end of such fiscal year, the 

24 two Houses and the President may enact a joint resolution 

25 on the budget which revises or reaffirms the joint resolumstockstill on PROD1PC66 with BILLS

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1 tion on the budget for such fiscal year most recently en2 acted.’’. 

3 (C) Sections 302, 303, 310, and 311, of such Act 

4 are amended by striking ‘‘agreed to’’ each place it appears 

5 and by inserting ‘‘enacted’’. 

6 (2)(A) Paragraph (4) of section 3 of the Congres7 sional Budget and Impoundment Control Act of 1974 is 

8 amended by striking ‘‘concurrent’’ each place it appears 

9 and by inserting ‘‘joint’’. 

10 (B) The table of contents set forth in section 1(b) 

11 of such Act is amended— 

12 (i) in the item relating to section 301, by strik13 ing ‘‘adoption of concurrent resolution’’ and insert14 ing ‘‘joint resolutions’’; 

15 (ii) by striking the item relating to section 303 

16 and inserting the following: 

‘‘Sec. 303. Consideration of budget-related legislation before budget becomes 

law.’’; 

17 (iii) by striking ‘‘concurrent’’ and inserting 

18 ‘‘joint’’ in the item relating to section 305. 

19 (c) CONFORMING AMENDMENTS TO THE RULES OF

20 THE HOUSE OF REPRESENTATIVES.—Clauses 1(d)(1), 

21 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 

22 10 of rule XVIII, clause 10 of rule XX, and clauses 7 

23 and 10 of rule XXI of the Rules of the House of Repmstockstill on PROD1PC66 with BILLS

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1 resentatives are amended by striking ‘‘concurrent’’ each 

2 place it appears and inserting ‘‘joint’’. 

3 (d) CONFORMING AMENDMENTS TO THE BALANCED

4 BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF

5 1985.—Section 258C(b)(1) of the Balanced Budget and 

6 Emergency Deficit Control Act of 1985 (2 U.S.C. 

7 907d(b)(1)) is amended by striking ‘‘concurrent’’ and in8 serting ‘‘joint’’. 

9 (e) CONFORMING AMENDMENTS TO SECTION 310 

10 REGARDING RECONCILIATION DIRECTIVES.—(1) The side 

11 heading of section 310(a) of the Congressional Budget Act 

12 of 1974 (as amended by section 105(b)) is further amend13 ed by inserting ‘‘JOINT EXPLANATORY STATEMENT AC14 COMPANYING CONFERENCE REPORT ON’’ before ‘‘JOINT’’. 

15 (2) Section 310(a) of such Act is amended by striking 

16 ‘‘A’’ and inserting ‘‘The joint explanatory statement ac17 companying the conference report on a’’. 

18 (3) The first sentence of section 310(b) of such Act 

19 is amended by striking ‘‘If’’ and inserting ‘‘If the joint 

20 explanatory statement accompanying the conference re21 port on’’. 

22 (4) Section 310(c)(1) of such Act is amended by in23 serting ‘‘the joint explanatory statement accompanying 

24 the conference report on’’ after ‘‘pursuant to’’. 

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1 (f) CONFORMING AMENDMENTS TO SECTION 3 RE2 GARDING DIRECT SPENDING.—Section 3 of the Congres3 sional Budget and Impoundment Control Act of 1974 is 

4 amended by adding at the end the following new para5 graph: 

6 ‘‘(11) The term ‘direct spending’ has the mean7 ing given to such term in section 250(c)(8) of the 

8 Balanced Budget and Emergency Deficit Control 

9 Act of 1985.’’. 

10 Subtitle B—Budgeting for 

11 Emergencies 

12 SEC. 111. PURPOSE. 

13 The purposes of this subtitle are to— 

14 (1) develop budgetary and fiscal procedures for 

15 emergencies; 

16 (2) subject spending for emergencies to budg17 etary procedures and controls; and 

18 (3) establish criteria for determining compliance 

19 with emergency requirements. 

20 SEC. 112. REPEAL OF ADJUSTMENTS FOR EMERGENCIES. 

21 (a) ELIMINATION OF EMERGENCY DESIGNATION.— 

22 Sections 251(b)(2)(A), 252(e), and 252(d)(4)(B) of the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985 are repealed. 

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1 (b) ELIMINATION OF EMERGENCY ADJUSTMENTS.— 

2 Section 314(b) of the Congressional Budget Act of 1974 

3 is amended by striking paragraph (1) and by redesig4 nating paragraphs (2) through (5) as paragraphs (1) 

5 through (4), respectively. 

6 (c) CONFORMING AMENDMENT.—Clause 2 of rule 

7 XXI of the Rules of the House of Representatives is 

8 amended by repealing paragraph (e) and by redesignating 

9 paragraph (f) as paragraph (e). 

10 SEC. 113. OMB EMERGENCY CRITERIA. 

11 (a) DEFINITION OF EMERGENCY.—Section 3 of the 

12 Congressional Budget and Impoundment Control Act of 

13 1974 (as amended by section 105(e)) is further amended 

14 by adding at the end the following new paragraph: 

15 ‘‘(12)(A) The term ‘emergency’ means a situa16 tion that— 

17 ‘‘(i) requires new budget authority and 

18 outlays (or new budget authority and the out19 lays flowing therefrom) for the prevention or 

20 mitigation of, or response to, loss of life or 

21 property, or a threat to national security; and 

22 ‘‘(ii) is unanticipated. 

23 ‘‘(B) As used in subparagraph (A), the term 

24 ‘unanticipated’ means that the situation is— 

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1 ‘‘(i) sudden, which means quickly coming 

2 into being or not building up over time; 

3 ‘‘(ii) urgent, which means a pressing and 

4 compelling need requiring immediate action; 

5 ‘‘(iii) unforeseen, which means not pre6 dicted or anticipated as an emerging need; and 

7 ‘‘(iv) temporary, which means not of a per8 manent duration.’’. 

9 (b) CONFORMING AMENDMENT.—The term ‘‘emer10 gency’’ has the meaning given to such term in section 3 

11 of the Congressional Budget and Impoundment Control 

12 Act of 1974.’’. 

13 SEC. 114. DEVELOPMENT OF GUIDELINES FOR APPLICA14 TION OF EMERGENCY DEFINITION. 

15 Not later than 5 months after the date of enactment 

16 of this Act, the chairmen of the Committees on the Budget 

17 (in consultation with the President) shall, after consulting 

18 with the chairmen of the Committees on Appropriations 

19 and applicable authorizing committees of their respective 

20 Houses and the Directors of the Congressional Budget Of21 fice and the Office of Management and Budget, jointly 

22 publish in the Congressional Record guidelines for applica23 tion of the definition of emergency set forth in section 

24 3(12) of the Congressional Budget and Impoundment 

25 Control Act of 1974. 

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1 SEC. 115. RESERVE FUND FOR EMERGENCIES IN PRESI2 DENT’S BUDGET. 

3 Section 1105(f) of title 31, United States Code is 

4 amended by adding at the end the following new sen5 tences: ‘‘Such budget submission shall also comply with 

6 the requirements of subsections (b) and (c) of section 316 

7 of the Congressional Budget Act of 1974 and, in the case 

8 of any budget authority requested for an emergency, such 

9 submission shall include a detailed justification of why 

10 such emergency is an emergency within the meaning of 

11 section 3(12) of the Congressional Budget Act of 1974.’’. 

12 SEC. 116. ADJUSTMENTS AND RESERVE FUND FOR EMER13 GENCIES IN JOINT BUDGET RESOLUTIONS. 

14 (a) EMERGENCIES.—Title III of the Congressional 

15 Budget Act of 1974 is amended by adding at the end the 

16 following new section: 

17 ‘‘EMERGENCIES

18 ‘‘SEC. 316. (a) ADJUSTMENTS.— 

19 ‘‘(1) IN GENERAL.—After the reporting of a bill 

20 or joint resolution or the submission of a conference 

21 report thereon that provides budget authority for 

22 any emergency as identified pursuant to subsection 

23 (d) that is not covered by subsection (c)— 

24 ‘‘(A) the chairman of the Committee on 

25 the Budget of the House of Representatives or 

26 the Senate shall determine and certify, pursumstockstill on PROD1PC66 with BILLS

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1 ant to the guidelines referred to in section 114 

2 of the Family Budget Protection Act of 2007, 

3 the portion (if any) of the amount so specified 

4 that is for an emergency within the meaning of 

5 section 3(12); and 

6 ‘‘(B) such chairman shall make the adjust7 ment set forth in paragraph (2) for the amount 

8 of new budget authority (or outlays) in that 

9 measure and the outlays flowing from that 

10 budget authority. 

11 ‘‘(2) MATTERS TO BE ADJUSTED.—The adjust12 ments referred to in paragraph (1) are to be made 

13 to the allocations made pursuant to the appropriate 

14 joint resolution on the budget pursuant to section 

15 302(a) and shall be in an amount not to exceed the 

16 amount reserved for emergencies pursuant to the re17 quirements of subsection (b). 

18 ‘‘(b) RESERVE FUND FOR NONMILITARY EMER19 GENCIES.—The amount set forth in the reserve fund for 

20 emergencies for budget authority and outlays for a fiscal 

21 year pursuant to section 301(a)(4) shall equal— 

22 ‘‘(1) the average of the enacted levels of budget 

23 authority for emergencies (other than those covered 

24 by subsection (c)) in the 5 fiscal years preceding the 

25 current year; and 

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1 ‘‘(2) the average of the levels of outlays for 

2 emergencies in the 5 fiscal years preceding the cur3 rent year flowing from the budget authority referred 

4 to in paragraph (1), but only in the fiscal year for 

5 which such budget authority first becomes available 

6 for obligation. 

7 ‘‘(c) TREATMENT OF EMERGENCIES TO FUND CER8 TAIN MILITARY OPERATIONS.—Whenever the Committee 

9 on Appropriations reports any bill or joint resolution that 

10 provides budget authority for any emergency that is a 

11 threat to national security and the funding of which car12 ries out a military operation authorized by a declaration 

13 of war or a joint resolution authorizing the use of military 

14 force (or economic assistance funding in furtherance of 

15 such operation) and the report accompanying that bill or 

16 joint resolution, pursuant to subsection (d), identifies any 

17 provision that increases outlays or provides budget author18 ity (and the outlays flowing therefrom) for such emer19 gency, the enactment of which would cause the total 

20 amount of budget authority or outlays provided for emer21 gencies for the budget year in the joint resolution on the 

22 budget (pursuant to section 301(a)(4)) to be exceeded: 

23 ‘‘(1) Such bill or joint resolution shall be re24 ferred to the Committee on the Budget of the House 

25 or the Senate, as the case may be, with instructions 

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1 to report it without amendment, other than that 

2 specified in paragraph (2), within 5 legislative days 

3 of the day in which it is reported from the origi4 nating committee. If the Committee on the Budget 

5 of either House fails to report a bill or joint resolu6 tion referred to it under this subparagraph within 

7 such 5-day period, the committee shall be automati8 cally discharged from further consideration of such 

9 bill or joint resolution and such bill or joint resolu10 tion shall be placed on the appropriate calendar. 

11 ‘‘(2) An amendment to such a bill or joint reso12 lution referred to in this subsection shall only consist 

13 of an exemption from section 251 of the Balanced 

14 Budget and Emergency Deficit Control Act of 1985 

15 of all or any part of the provisions that provide 

16 budget authority (and the outlays flowing therefrom) 

17 for such emergency if the committee determines, 

18 pursuant to the guidelines referred to in section 114 

19 of the Family Budget Protection Act of 2007, that 

20 such budget authority is for an emergency within 

21 the meaning of section 3(12). 

22 ‘‘(3) If such a bill or joint resolution is reported 

23 with an amendment specified in paragraph (2) by 

24 the Committee on the Budget of the House of Rep25 resentatives or the Senate, then the budget authority 

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1 and resulting outlays that are the subject of such 

2 amendment shall not be included in any determina3 tions under section 302(f) or 311(a) for any bill, 

4 joint resolution, amendment, motion, or conference 

5 report. 

6 ‘‘(d) COMMITTEE NOTIFICATION OF EMERGENCY

7 LEGISLATION.—Whenever the Committee on Appropria8 tions or any other committee of either House (including 

9 a committee of conference) reports any bill or joint resolu10 tion that provides budget authority for any emergency, the 

11 report accompanying that bill or joint resolution (or the 

12 joint explanatory statement of managers in the case of a 

13 conference report on any such bill or joint resolution) shall 

14 identify all provisions that provide budget authority and 

15 the outlays flowing therefrom for such emergency and in16 clude a statement of the reasons why such budget author17 ity meets the definition of an emergency pursuant to the 

18 guidelines referred to in section 114 of the Family Budget 

19 Protection Act of 2007.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents set forth in section 1(b) of the Congressional Budget 

22 and Impoundment Control Act of 1974 is amended by in23 serting after the item relating to section 315 the following 

24 new item: 

‘‘Sec. 316. Emergencies.’’. 

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1 SEC. 117. APPLICATION OF SECTION 306 TO EMERGENCIES 

2 IN EXCESS OF AMOUNTS IN RESERVE FUND. 

3 Section 306 of the Congressional Budget Act of 1974 

4 is amended by inserting at the end the following new sen5 tence: ‘‘No amendment reported by the Committee on the 

6 Budget (or from the consideration of which such com7 mittee has been discharged) pursuant to section 316(c) 

8 may be amended.’’. 

9 SEC. 118. UP-TO-DATE TABULATIONS. 

10 Section 308(b)(2) of the Congressional Budget Act 

11 of 1974 is amended by striking ‘‘and’’ at the end of sub12 paragraph (B), by striking the period at the end of sub13 paragraph (C) and inserting ‘‘; and’’, and by adding at 

14 the end the following new subparagraph: 

15 ‘‘(D) shall include an up-to-date tabulation 

16 of amounts remaining in the reserve fund for 

17 emergencies.’’. 

18 SEC. 119. PROHIBITION ON AMENDMENTS TO EMERGENCY 

19 RESERVE FUND. 

20 (a) POINT OF ORDER.—Section 305 of the Congres21 sional Budget Act of 1974 (as amended by section 103(f)) 

22 is further amended by adding at the end the following new 

23 subsection: 

24 ‘‘(f) POINT OF ORDER REGARDING EMERGENCY RE25 SERVE FUND.—It shall not be in order in the House of 

26 Representatives or in the Senate to consider an amendmstockstill on PROD1PC66 with BILLS

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1 ment to a joint resolution on the budget which changes 

2 the amount of budget authority and outlays set forth in 

3 section 301(a)(4) for emergency reserve fund.’’. 

4 (b) TECHNICAL AMENDMENT.—(1) Section 904(c)(1) 

5 of the Congressional Budget Act of 1974 is amended by 

6 inserting ‘‘305(e), 305(f),’’ after ‘‘305(c)(4),’’. 

7 (2) Section 904(d)(2) of the Congressional Budget 

8 Act of 1974 is amended by inserting ‘‘305(e), 305(f),’’ 

9 after ‘‘305(c)(4),’’. 

10 Subtitle C—Biennial Budget 

11 Option 

12 SEC. 121. EFFECTIVE DATE. 

13 If— 

14 (1) as part of the President’s budget submis15 sion under section 1105(a) of title 31, United States 

16 Code, during the first session of any Congress, the 

17 President includes a request that the joint resolution 

18 on the budget that will be considered during the first 

19 session of the next Congress be for a biennium con20 sisting of two consecutive fiscal years; and 

21 (2) the joint resolution on the budget for the 

22 fiscal year to which the President’s submission re23 lates contains a provision stating that the joint reso24 lution on the budget that will be considered during 

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1 the first session of the next Congress shall be for a 

2 biennium consisting of two consecutive fiscal years; 

3 then the provisions of this subtitle shall take effect on Jan4 uary 1 of the calendar year in which that next Congress 

5 commences and apply to that Congress and each Congress 

6 thereafter. 

7 SEC. 122. REVISION OF TIMETABLE. 

8 Section 300 of the Congressional Budget Act of 1974 

9 (2 U.S.C. 631) is amended to read as follows: 

10 ‘‘TIMETABLE

11 ‘‘SEC. 300. (a) IN GENERAL.—Except as provided by 

12 subsection (b), the timetable with respect to the congres13 sional budget process for any Congress (beginning with 

14 the One Hundred Twelfth Congress or a subsequent Con15 gress, as applicable) is as follows: 

‘‘On or before: First session action to be completed: 

First Monday in February ................... President submits budget recommendations 

February 15 ......................................... Congressional Budget Office submits 

report to Budget Committees 

Not later than 6 weeks after budget 

submission.

Committees submit views and estimates to Budget Committees 

April 1 .................................................. Budget Committees report joint resolution on the biennial budget 

May 15 ................................................. Congress completes action on joint resolution on the biennial budget 

May 15 ................................................. Biennial appropriation bills may be 

considered in the House 

June 10 ................................................ House Appropriations Committee reports last biennial appropriation bill 

June 30 ................................................ House completes action on biennial appropriation bills 

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‘‘On or before: First session action to be completed: 

October 1 .............................................. Biennium begins 

‘‘On or before: Second session sction to be 

completed: 

February 15 ......................................... President submits budget review 

Not later than 6 weeks after President 

submits budget review.

Congressional Budget Office submits 

report to Budget Committees 

The last day of the session .................. Congress completes action on bills and 

resolutions authorizing new budget 

authority for the succeeding biennium 

1 ‘‘(b) SPECIAL RULE.—In the case of any first session 

2 of Congress that begins in any year during which the term 

3 of a President (except a President who succeeds himself) 

4 begins, the following dates shall supersede those set forth 

5 in subsection (a): 

‘‘On or before: First session action to be completed: 

First Monday in April .......................... President submits budget recommendations 

April 20 ................................................ Committees submit views and estimates to Budget Committees 

May 15 ................................................. Budget Committees report joint resolution on the biennial budget 

June 1 .................................................. Congress completes action on joint resolution on the biennial budget 

June 1 .................................................. Biennial appropriation bills may be 

considered in the House 

July 1 ................................................... House Appropriations Committee reports last biennial appropriation bill 

July 20 ................................................. House completes action on biennial appropriation bills. 

October 1 .............................................. Biennium begins’’. 

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1 SEC. 123. AMENDMENTS TO THE CONGRESSIONAL BUDGET 

2 AND IMPOUNDMENT CONTROL ACT OF 1974. 

3 (a) DECLARATION OF PURPOSE.—Section 2(2) of the 

4 Congressional Budget and Impoundment Control Act of 

5 1974 (2 U.S.C. 621(2)) is amended by striking ‘‘each 

6 year’’ and inserting ‘‘biennially’’. 

7 (b) DEFINITIONS.— 

8 (1) BUDGET RESOLUTION.—Section 3(4) of 

9 such Act (2 U.S.C. 622(4)) is amended by striking 

10 ‘‘fiscal year’’ each place it appears and inserting ‘‘bi11 ennium’’. 

12 (2) BIENNIUM.—Section 3 of such Act (2 

13 U.S.C. 622) (as amended by section 111(a)) is fur14 ther amended by adding at the end the following 

15 new paragraph: 

16 ‘‘(13) The term ‘biennium’ means the period of 

17 2 consecutive fiscal years beginning on October 1 of 

18 any odd-numbered year.’’. 

19 (c) BIENNIAL JOINT RESOLUTION ON THE BUDG20 ET.— 

21 (1) CONTENTS OF RESOLUTION.—Section 

22 301(a) of such Act (2 U.S.C. 632(a)) is amended— 

23 (A) in the matter preceding paragraph (1) 

24 by— 

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1 (i) striking ‘‘April 15 of each year’’ 

2 and inserting ‘‘May 15 of each odd-num3 bered year’’; 

4 (ii) striking ‘‘the fiscal year beginning 

5 on October 1 of such year’’ the first place 

6 it appears and inserting ‘‘the biennium be7 ginning on October 1 of such year’’; 

8 (iii) striking ‘‘the fiscal year beginning 

9 on October 1 of such year’’ the second 

10 place it appears and inserting ‘‘each fiscal 

11 year in such period’’; and 

12 (iv) striking ‘‘each of the four ensuing 

13 fiscal years’’ and inserting ‘‘each fiscal 

14 year in the next 2 bienniums’’; 

15 (B) in paragraph (6), by striking ‘‘for the 

16 fiscal year’’ and inserting ‘‘for each fiscal year 

17 in the biennium’’; and 

18 (C) in paragraph (7), by striking ‘‘for the 

19 fiscal year’’ and inserting ‘‘for each fiscal year 

20 in the biennium’’. 

21 (2) ADDITIONAL MATTERS.—Section 301(b) of 

22 such Act (2 U.S.C. 632(b)) is amended— 

23 (A) in paragraph (3), by striking ‘‘for such 

24 fiscal year’’ and inserting ‘‘for either fiscal year 

25 in such biennium’’; and 

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1 (B) in paragraph (7), by striking ‘‘for the 

2 first fiscal year’’ and inserting ‘‘for each fiscal 

3 year in the biennium’’. 

4 (3) VIEWS OF OTHER COMMITTEES.—Section 

5 301(d) of such Act (2 U.S.C. 632(d)) is amended by 

6 inserting ‘‘(or, if applicable, as provided by section 

7 300(b))’’ after ‘‘United States Code’’. 

8 (4) HEARINGS.—Section 301(e)(1) of such Act 

9 (2 U.S.C. 632(e)) is amended by— 

10 (A) striking ‘‘fiscal year’’ and inserting 

11 ‘‘biennium’’; and 

12 (B) inserting after the second sentence the 

13 following: ‘‘On or before April 1 of each odd14 numbered year (or, if applicable, as provided by 

15 section 300(b)), the Committee on the Budget 

16 of each House shall report to its House the 

17 joint resolution on the budget referred to in 

18 subsection (a) for the biennium beginning on 

19 October 1 of that year.’’. 

20 (5) GOALS FOR REDUCING UNEMPLOYMENT.— 

21 Section 301(f) of such Act (2 U.S.C. 632(f)) is 

22 amended by striking ‘‘fiscal year’’ each place it ap23 pears and inserting ‘‘biennium’’. 

24 (6) ECONOMIC ASSUMPTIONS.—Section 

25 301(g)(1) of such Act (2 U.S.C. 632(g)(1)) is 

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1 amended by striking ‘‘for a fiscal year’’ and insert2 ing ‘‘for a biennium’’. 

3 (7) SECTION HEADING.—The section heading of 

4 section 301 of such Act is amended by striking ‘‘AN5 NUAL’’ and inserting ‘‘BIENNIAL’’. 

6 (8) TABLE OF CONTENTS.—The item relating 

7 to section 301 in the table of contents set forth in 

8 section 1(b) of such Act is amended by striking ‘‘An9 nual’’ and inserting ‘‘Biennial’’. 

10 (d) COMMITTEE ALLOCATIONS.—Section 302 of such 

11 Act (2 U.S.C. 633) is amended— 

12 (1) in subsection (a)(1) by— 

13 (A) striking ‘‘for the first fiscal year of the 

14 resolution,’’ and inserting ‘‘for each fiscal year 

15 in the biennium,’’; 

16 (B) striking ‘‘for that period of fiscal 

17 years’’ and inserting ‘‘for all fiscal years cov18 ered by the resolution’’; and 

19 (C) striking ‘‘for the fiscal year of that 

20 resolution’’ and inserting ‘‘for each fiscal year 

21 in the biennium’’; 

22 (2) in subsection (f)(1), by striking ‘‘for a fiscal 

23 year’’ and inserting ‘‘for a biennium’’; 

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1 (3) in subsection (f)(1), by striking ‘‘first fiscal 

2 year’’ and inserting ‘‘either fiscal year of the bien3 nium’’; 

4 (4) in subsection (f)(2)(A), by— 

5 (A) striking ‘‘first fiscal year’’ and insert6 ing ‘‘each fiscal year of the biennium’’; and 

7 (B) striking ‘‘the total of fiscal years’’ and 

8 inserting ‘‘the total of all fiscal years covered by 

9 the resolution’’; and 

10 (5) in subsection (g)(1)(A), by striking ‘‘April’’ 

11 and inserting ‘‘May’’. 

12 (e) SECTION 303 POINT OF ORDER.—Section 303 of 

13 such Act (2 U.S.C. 634(a)) is amended by striking ‘‘for 

14 a fiscal year’’ and inserting ‘‘for a biennium’’ and by strik15 ing ‘‘the first fiscal year’’ and inserting ‘‘each fiscal year 

16 of the biennium’’. 

17 (f) PERMISSIBLE REVISIONS OF JOINT RESOLUTIONS

18 ON THE BUDGET.—Section 304 of such Act (2 U.S.C. 

19 635) is amended— 

20 (1) by striking ‘‘fiscal year’’ the first two places 

21 it appears and inserting ‘‘biennium’’; 

22 (2) by striking ‘‘for such fiscal year’’; and 

23 (3) by inserting before the period ‘‘for such bi24 ennium’’. 

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1 (g) PROCEDURES FOR CONSIDERATION OF BUDGET

2 RESOLUTIONS.—Section 305(a)(3) of such Act (2 U.S.C. 

3 636(b)(3)) is amended by striking ‘‘fiscal year’’ and in4 serting ‘‘biennium’’. 

5 (h) COMPLETION OF HOUSE COMMITTEE ACTION ON

6 APPROPRIATION BILLS.—Section 307 of such Act (2 

7 U.S.C. 638) is amended— 

8 (1) by striking ‘‘each year’’ and inserting ‘‘each 

9 odd-numbered year (or, if applicable, as provided by 

10 section 300(b), July 1)’’; 

11 (2) by striking ‘‘annual’’ and inserting ‘‘bien12 nial’’; 

13 (3) by striking ‘‘fiscal year’’ and inserting ‘‘bi14 ennium’’; and 

15 (4) by striking ‘‘that year’’ and inserting ‘‘each 

16 odd-numbered year’’. 

17 (i) QUARTERLY BUDGET REPORTS.—Section 308 of 

18 such Act (2 U.S.C. 639) is amended by adding at the end 

19 the following new subsection: 

20 ‘‘(d) QUARTERLY BUDGET REPORTS.—The Director 

21 of the Congressional Budget Office shall, as soon as prac22 ticable after the completion of each quarter of the fiscal 

23 year, prepare an analysis comparing revenues, spending, 

24 and the deficit or surplus for the current fiscal year to 

25 assumptions included in the congressional budget resolumstockstill on PROD1PC66 with BILLS

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1 tion. In preparing this report, the Director of the Congres2 sional Budget Office shall combine actual budget figures 

3 to date with projected revenue and spending for the bal4 ance of the fiscal year. The Director of the Congressional 

5 Budget Office shall include any other information in this 

6 report that it deems useful for a full understanding of the 

7 current fiscal position of the Government. The reports 

8 mandated by this subsection shall be transmitted by the 

9 Director to the Senate and House Committees on the 

10 Budget, and the Congressional Budget Office shall make 

11 such reports available to any interested party upon re12 quest.’’. 

13 (j) COMPLETION OF HOUSE ACTION ON REGULAR

14 APPROPRIATION BILLS.—Section 309 of such Act (2 

15 U.S.C. 640) is amended— 

16 (1) by striking ‘‘It’’ and inserting ‘‘Except 

17 whenever section 300(b) is applicable, it’’; 

18 (2) by inserting ‘‘of any odd-numbered calendar 

19 year’’ after ‘‘July’’; 

20 (3) by striking ‘‘annual’’ and inserting ‘‘bien21 nial’’; and 

22 (4) by striking ‘‘fiscal year’’ and inserting ‘‘bi23 ennium’’. 

24 (k) RECONCILIATION PROCESS.—Section 310 of such 

25 Act (2 U.S.C. 641) is amended— 

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1 (1) in subsection (a), in the matter preceding 

2 paragraph (1), by striking ‘‘any fiscal year’’ and in3 serting ‘‘any biennium’’; 

4 (2) in subsection (a)(1), by striking ‘‘such fiscal 

5 year’’ each place it appears and inserting ‘‘any fiscal 

6 year covered by such resolution’’; and 

7 (3) by striking subsection (f) and redesignating 

8 subsection (g) as subsection (f). 

9 (l) SECTION 311 POINT OF ORDER.— 

10 (1) IN THE HOUSE.—Section 311(a)(1) of such 

11 Act (2 U.S.C. 642(a)) is amended— 

12 (A) by striking ‘‘for a fiscal year’’ and in13 serting ‘‘for a biennium’’; 

14 (B) by striking ‘‘the first fiscal year’’ each 

15 place it appears and inserting ‘‘either fiscal 

16 year of the biennium’’; and 

17 (C) by striking ‘‘that first fiscal year’’ and 

18 inserting ‘‘each fiscal year in the biennium’’. 

19 (2) IN THE SENATE.—Section 311(a)(2) of 

20 such Act is amended— 

21 (A) in subparagraph (A), by striking ‘‘for 

22 the first fiscal year’’ and inserting ‘‘for either 

23 fiscal year of the biennium’’; and 

24 (B) in subparagraph (B)— 

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1 (i) by striking ‘‘that first fiscal year’’ 

2 the first place it appears and inserting 

3 ‘‘each fiscal year in the biennium’’; and 

4 (ii) by striking ‘‘that first fiscal year 

5 and the ensuing fiscal years’’ and inserting 

6 ‘‘all fiscal years’’. 

7 (3) SOCIAL SECURITY LEVELS.—Section 

8 311(a)(3) of such Act is amended by— 

9 (A) striking ‘‘for the first fiscal year’’ and 

10 inserting ‘‘each fiscal year in the biennium’’; 

11 and 

12 (B) striking ‘‘that fiscal year and the ensu13 ing fiscal years’’ and inserting ‘‘all fiscal 

14 years’’. 

15 (m) MAXIMUM DEFICIT AMOUNT POINT OF

16 ORDER.—Section 312(c) of the Congressional Budget Act 

17 of 1974 (2 U.S.C. 643) is amended— 

18 (1) by striking ‘‘for a fiscal year’’ and inserting 

19 ‘‘for a biennium’’; 

20 (2) in paragraph (1), by striking ‘‘first fiscal 

21 year’’ and inserting ‘‘either fiscal year in the bien22 nium’’; 

23 (3) in paragraph (2), by striking ‘‘that fiscal 

24 year’’ and inserting ‘‘either fiscal year in the bien25 nium’’; and 

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1 (4) in the matter following paragraph (2), by 

2 striking ‘‘that fiscal year’’ and inserting ‘‘the appli3 cable fiscal year’’. 

4 SEC. 124. AMENDMENTS TO RULES OF THE HOUSE OF REP5 RESENTATIVES. 

6 (a) Clause 4(a)(1)(A) of rule X of the Rules of the 

7 House of Representatives is amended by inserting ‘‘odd8 numbered’’ after ‘‘each’’. 

9 (b) Clause 4(a)(4) of rule X of the Rules of the House 

10 of Representatives is amended by striking ‘‘fiscal year’’ 

11 and inserting ‘‘biennium’’. 

12 (c) Clause 4(b)(2) of rule X of the Rules of the House 

13 of Representatives is amended by striking ‘‘each fiscal 

14 year’’ and inserting ‘‘the biennium’’. 

15 (d) Clause 4(b) of rule X of the Rules of the House 

16 of Representatives is amended by striking ‘‘and’’ at the 

17 end of subparagraph (5), by striking the period and insert18 ing ‘‘; and’’ at the end of subparagraph (6), and by adding 

19 at the end the following new subparagraph: 

20 ‘‘(7) use the second session of each Congress to 

21 study issues with long-term budgetary and economic 

22 implications, which would include— 

23 ‘‘(A) hold hearings to receive testimony 

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1 lem areas and to report on the results of over2 sight; and 

3 ‘‘(B) by January 1 of each odd-number 

4 year, issuing a report to the Speaker which 

5 identifies the key issues facing the Congress in 

6 the next biennium.’’. 

7 (e) Clause 4(e) of rule X of the Rules of the House 

8 of Representatives is amended by striking ‘‘annually’’ each 

9 place it appears and inserting ‘‘biennially’’ and by striking 

10 ‘‘annual’’ and inserting ‘‘biennial’’. 

11 (f) Clause 4(f) of rule X of the Rules of the House 

12 of Representatives is amended— 

13 (1) by inserting ‘‘during each odd-numbered 

14 year’’ after ‘‘submits his budget’’; 

15 (2) by striking ‘‘fiscal year’’ the first place it 

16 appears and inserting ‘‘biennium’’; and 

17 (3) by striking ‘‘that fiscal year’’ and inserting 

18 ‘‘each fiscal year in such ensuing biennium’’. 

19 (g) Clause 11(i) of rule X of the Rules of the House 

20 of Representatives is amended by striking ‘‘during the 

21 same or preceding fiscal year’’. 

22 (h) Clause 3(d)(2)(A) of rule XIII of the Rules of 

23 the House of Representatives is amended by striking 

24 ‘‘five’’ both places it appears and inserting ‘‘six’’. 

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1 (i) Clause 5(a)(1) of rule XIII of the Rules of the 

2 House of Representatives is amended by striking ‘‘fiscal 

3 year after September 15 in the preceding fiscal year’’ and 

4 inserting ‘‘biennium after September 15 of the calendar 

5 year in which such biennium begins’’. 

6 SEC. 125. AMENDMENTS TO TITLE 31, UNITED STATES 

7 CODE. 

8 (a) DEFINITION.—Section 1101 of title 31, United 

9 States Code, is amended by adding at the end the fol10 lowing new paragraph: 

11 ‘‘(3) ‘biennium’ has the meaning given to such 

12 term in paragraph (13) of section 3 of the Congres13 sional Budget and Impoundment Control Act of 

14 1974 (2 U.S.C. 622(13)).’’. 

15 (b) BUDGET CONTENTS AND SUBMISSION TO THE

16 CONGRESS.— 

17 (1) SCHEDULE.—The matter preceding para18 graph (1) in section 1105(a) of title 31, United 

19 States Code, is amended to read as follows: 

20 ‘‘(a) On or before the first Monday in February of 

21 each odd-numbered year (or, if applicable, as provided by 

22 section 300(b) of the Congressional Budget Act of 1974), 

23 beginning with the One Hundred Tenth Congress or a 

24 subsequent Congress (as applicable), the President shall 

25 submit to the Congress the budget for the biennium beginmstockstill on PROD1PC66 with BILLS

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1 ning on October 1 of such calendar year. The budget 

2 transmitted under this subsection shall include a budget 

3 message and summary and supporting information. The 

4 President shall include in each budget the following:’’. 

5 (2) EXPENDITURES.—Section 1105(a)(5) of 

6 title 31, United States Code, is amended by striking 

7 ‘‘the fiscal year for which the budget is submitted 

8 and the 4 fiscal years after that year’’ and inserting 

9 ‘‘each fiscal year in the biennium for which the 

10 budget is submitted and in the succeeding 4 years’’. 

11 (3) RECEIPTS.—Section 1105(a)(6) of title 31, 

12 United States Code, is amended by striking ‘‘the fis13 cal year for which the budget is submitted and the 

14 4 fiscal years after that year’’ and inserting ‘‘each 

15 fiscal year in the biennium for which the budget is 

16 submitted and in the succeeding 4 years’’. 

17 (4) BALANCE STATEMENTS.—Section 

18 1105(a)(9)(C) of title 31, United States Code, is 

19 amended by striking ‘‘the fiscal year’’ and inserting 

20 ‘‘each fiscal year in the biennium’’. 

21 (5) GOVERNMENT FUNCTIONS AND ACTIVI22 TIES.—Section 1105(a)(12) of title 31, United 

23 States Code, is amended in subparagraph (A), by 

24 striking ‘‘the fiscal year’’ and inserting ‘‘each fiscal 

25 year in the biennium’’. 

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1 (6) ALLOWANCES.—Section 1105(a)(13) of title 

2 31, United States Code, is amended by striking ‘‘the 

3 fiscal year’’ and inserting ‘‘each fiscal year in the bi4 ennium’’. 

5 (7) ALLOWANCES FOR UNANTICIPATED AND

6 UNCONTROLLABLE EXPENDITURES.—Section 

7 1105(a)(14) of title 31, United States Code, is 

8 amended by striking ‘‘that year’’ and inserting ‘‘each 

9 fiscal year in the biennium for which the budget is 

10 submitted’’. 

11 (8) TAX EXPENDITURES.—Section 1105(a)(16) 

12 of title 31, United States Code, is amended by strik13 ing ‘‘the fiscal year’’ and inserting ‘‘each fiscal year 

14 in the biennium’’. 

15 (9) ESTIMATES FOR FUTURE YEARS.—Section 

16 1105(a)(17) of title 31, United States Code, is 

17 amended— 

18 (A) by striking ‘‘the fiscal year following 

19 the fiscal year’’ and inserting ‘‘each fiscal year 

20 in the biennium following the biennium’’; 

21 (B) by striking ‘‘that following fiscal year’’ 

22 and inserting ‘‘each such fiscal year’’; and 

23 (C) by striking ‘‘fiscal year before the fis24 cal year’’ and inserting ‘‘biennium before the bi25 ennium’’. 

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1 (10) PRIOR YEAR OUTLAYS.—Section 

2 1105(a)(18) of title 31, United States Code, is 

3 amended— 

4 (A) by striking ‘‘the prior fiscal year,’’ and 

5 inserting ‘‘each of the 2 most recently com6 pleted fiscal years,’’; 

7 (B) by striking ‘‘for that year’’ and insert8 ing ‘‘with respect to those fiscal years’’; and 

9 (C) by striking ‘‘in that year’’ and insert10 ing ‘‘in those fiscal years’’. 

11 (11) PRIOR YEAR RECEIPTS.—Section 

12 1105(a)(19) of title 31, United States Code, is 

13 amended— 

14 (A) by striking ‘‘the prior fiscal year’’ and 

15 inserting ‘‘each of the 2 most recently com16 pleted fiscal years’’; 

17 (B) by striking ‘‘for that year’’ and insert18 ing ‘‘with respect to those fiscal years’’; and 

19 (C) by striking ‘‘in that year’’ each place 

20 it appears and inserting ‘‘in those fiscal years’’. 

21 (c) ESTIMATED EXPENDITURES OF LEGISLATIVE

22 AND JUDICIAL BRANCHES.—Section 1105(b) of title 31, 

23 United States Code, is amended by striking ‘‘each year’’ 

24 and inserting ‘‘each even-numbered year’’. 

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1 (d) RECOMMENDATIONS TO MEET ESTIMATED DE2 FICIENCIES.—Section 1105(c) of title 31, United States 

3 Code, is amended— 

4 (1) by striking ‘‘the fiscal year for’’ the first 

5 place it appears and inserting ‘‘each fiscal year in 

6 the biennium for’’; 

7 (2) by striking ‘‘the fiscal year for’’ the second 

8 place it appears and inserting ‘‘each fiscal year of 

9 the biennium, as the case may be,’’; and 

10 (3) by striking ‘‘that year’’ and inserting ‘‘for 

11 each year of the biennium’’. 

12 (e) CAPITAL INVESTMENT ANALYSIS.—Section 

13 1105(e)(1) of title 31, United States Code, is amended 

14 by striking ‘‘ensuing fiscal year’’ and inserting ‘‘biennium 

15 to which such budget relates’’. 

16 (f) SUPPLEMENTAL BUDGET ESTIMATES AND

17 CHANGES.— 

18 (1) IN GENERAL.—Section 1106(a) of title 31, 

19 United States Code, is amended— 

20 (A) in the matter preceding paragraph (1), 

21 by— 

22 (i) inserting ‘‘and before February 15 

23 of each even-numbered year’’ after ‘‘Before 

24 July 16 of each year’’; and 

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1 (ii) striking ‘‘fiscal year’’ and insert2 ing ‘‘biennium’’; 

3 (B) in paragraph (1), by striking ‘‘that fis4 cal year’’ and inserting ‘‘each fiscal year in 

5 such biennium’’; 

6 (C) in paragraph (2), by striking ‘‘4 fiscal 

7 years following the fiscal year’’ and inserting ‘‘4 

8 fiscal years following the biennium’’; and 

9 (D) in paragraph (3), by striking ‘‘fiscal 

10 year’’ and inserting ‘‘biennium’’. 

11 (2) CHANGES.—Section 1106(b) of title 31, 

12 United States Code, is amended by— 

13 (A) striking ‘‘the fiscal year’’ and inserting 

14 ‘‘each fiscal year in the biennium’’; and 

15 (B) inserting ‘‘and before February 15 of 

16 each even-numbered year’’ after ‘‘Before July 

17 16 of each year’’. 

18 (g) CURRENT PROGRAMS AND ACTIVITIES ESTI19 MATES.— 

20 (1) THE PRESIDENT.—Section 1109(a) of title 

21 31, United States Code, is amended— 

22 (A) by striking ‘‘On or before the first 

23 Monday after January 3 of each year (on or be24 fore February 5 in 1986)’’ and inserting ‘‘At 

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1 the same time the budget required by section 

2 1105 is submitted for a biennium’’; and 

3 (B) by striking ‘‘the following fiscal year’’ 

4 and inserting ‘‘each fiscal year of such period’’. 

5 (2) JOINT ECONOMIC COMMITTEE.—Section 

6 1109(b) of title 31, United States Code, is amended 

7 by striking ‘‘March 1 of each year’’ and inserting 

8 ‘‘within 6 weeks of the President’s budget submis9 sion for each odd-numbered year (or, if applicable, 

10 as provided by section 300(b) of the Congressional 

11 Budget Act of 1974)’’. 

12 (h) YEAR-AHEAD REQUESTS FOR AUTHORIZING

13 LEGISLATION.—Section 1110 of title 31, United States 

14 Code, is amended by— 

15 (1) striking ‘‘May 16’’ and inserting ‘‘March 

16 31’’; and 

17 (2) striking ‘‘year before the year in which the 

18 fiscal year begins’’ and inserting ‘‘calendar year pre19 ceding the calendar year in which the biennium be20 gins’’. 

21 SEC. 126. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE 

22 OF APPROPRIATION ACTS. 

23 Section 105 of title 1, United States Code, is amend24 ed to read as follows: 

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1 ‘‘§ 105. Title and style of appropriations Acts 

2 ‘‘(a) The style and title of all Acts making appropria3 tions for the support of the Government shall be as fol4 lows: ‘An Act making appropriations (here insert the ob5 ject) for each fiscal year in the biennium of fiscal years 

6 (here insert the fiscal years of the biennium).’. 

7 ‘‘(b) All Acts making regular appropriations for the 

8 support of the Government shall be enacted for a biennium 

9 and shall specify the amount of appropriations provided 

10 for each fiscal year in such period. 

11 ‘‘(c) For purposes of this section, the term ‘biennium’ 

12 has the same meaning as in section 3(13) of the Congres13 sional Budget and Impoundment Control Act of 1974 (2 

14 U.S.C. 622(13)).’’. 

15 SEC. 127. MULTIYEAR AUTHORIZATIONS. 

16 (a) IN GENERAL.—Title III of the Congressional 

17 Budget Act of 1974 (as amended by section 116(a)) is 

18 further amended by adding at the end the following new 

19 section: 

20 ‘‘MULTIYEAR AUTHORIZATIONS OF APPROPRIATIONS

21 ‘‘SEC. 318. (a) It shall not be in order in the House 

22 of Representatives or the Senate to consider any measure 

23 that contains a specific authorization of appropriations for 

24 any purpose unless the measure includes such a specific 

25 authorization of appropriations for that purpose for not 

26 less than each fiscal year in one or more bienniums. 

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1 ‘‘(b)(1) For purposes of this section, a specific au2 thorization of appropriations is an authorization for the 

3 enactment of an amount of appropriations or amounts not 

4 to exceed an amount of appropriations (whether stated as 

5 a sum certain, as a limit, or as such sums as may be nec6 essary) for any purpose for a fiscal year. 

7 ‘‘(2) Subsection (a) does not apply with respect to 

8 an authorization of appropriations for a single fiscal year 

9 for any program, project, or activity if the measure con10 taining that authorization includes a provision expressly 

11 stating the following: ‘Congress finds that no authoriza12 tion of appropriation will be required for [Insert name of 

13 applicable program, project, or activity] for any subse14 quent fiscal year.’. 

15 ‘‘(c) For purposes of this section, the term ‘measure’ 

16 means a bill, joint resolution, amendment, motion, or con17 ference report.’’. 

18 (b) AMENDMENT TO TABLE OF CONTENTS.—The 

19 table of contents set forth in section 1(b) of the Congres20 sional Budget and Impoundment Control Act of 1974 is 

21 amended by adding after the item relating to section 317 

22 the following new item: 

‘‘Sec. 318. Multiyear authorizations of appropriations.’’. 

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1 SEC. 128. GOVERNMENT STRATEGIC AND PERFORMANCE 

2 PLANS ON A BIENNIAL BASIS. 

3 (a) STRATEGIC PLANS.—Section 306 of title 5, 

4 United States Code, is amended— 

5 (1) in subsection (a), by striking ‘‘September 

6 30, 1997’’ and inserting ‘‘September 30, 2009’’; 

7 (2) in subsection (b)— 

8 (A) by striking ‘‘at least every three years’’ 

9 and all that follows thereafter and inserting ‘‘at 

10 least every 4 years, except that strategic plans 

11 submitted by September 30, 2009, shall be up12 dated and revised by September 30, 2012’’; and 

13 (B) by striking ‘‘five years forward’’ and 

14 inserting ‘‘six years forward’’; and 

15 (3) in subsection (c), by inserting a comma 

16 after ‘‘section’’ the second place it appears and add17 ing ‘‘including a strategic plan submitted by Sep18 tember 30, 2009, meeting the requirements of sub19 section (a)’’. 

20 (b) BUDGET CONTENTS AND SUBMISSION TO CON21 GRESS.—Paragraph (28) of section 1105(a) of title 31, 

22 United States Code, is amended by striking ‘‘beginning 

23 with fiscal year 1999, a’’ and inserting ‘‘beginning with 

24 fiscal year 2012, a biennial’’. 

25 (c) PERFORMANCE PLANS.—Section 1115 of title 31, 

26 United States Code, is amended— 

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1 (1) in subsection (a)— 

2 (A) in the matter before paragraph (1) by 

3 striking ‘‘an annual’’ and inserting ‘‘a bien4 nial’’; 

5 (B) in paragraph (1) by inserting after 

6 ‘‘program activity’’ the following: ‘‘for both 

7 years 1 and 2 of the biennial plan’’; 

8 (C) in paragraph (5) by striking ‘‘and’’ 

9 after the semicolon; 

10 (D) in paragraph (6) by striking the period 

11 and inserting a semicolon; and inserting ‘‘and’’ 

12 after the inserted semicolon; and 

13 (E) by adding after paragraph (6) the fol14 lowing: 

15 ‘‘(7) cover each fiscal year of the biennium be16 ginning with the first fiscal year of the next biennial 

17 budget cycle.’’; 

18 (2) in subsection (d) by striking ‘‘annual’’ and 

19 inserting ‘‘biennial’’; and 

20 (3) in paragraph (6) of subsection (g) by strik21 ing ‘‘annual’’ and inserting ‘‘biennial’’. 

22 (d) MANAGERIAL ACCOUNTABILITY AND FLEXI23 BILITY.—Section 9703 of title 31, United States Code, re24 lating to managerial accountability, is amended— 

25 (1) in subsection (a)— 

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1 (A) in the first sentence by striking ‘‘an2 nual’’; and 

3 (B) by striking ‘‘section 1105(a)(29)’’ and 

4 inserting ‘‘section 1105(a)(28)’’; 

5 (2) in subsection (e)— 

6 (A) in the first sentence by striking ‘‘one 

7 or’’ before ‘‘two years’’; 

8 (B) in the second sentence by striking ‘‘a 

9 subsequent year’’ and inserting ‘‘for a subse10 quent 2-year period’’; and 

11 (C) in the third sentence by striking 

12 ‘‘three’’ and inserting ‘‘four’’. 

13 (e) STRATEGIC PLANS.—Section 2802 of title 39, 

14 United States Code, is amended— 

15 (1) in subsection (a), by striking ‘‘September 

16 30, 1997’’ and inserting ‘‘September 30, 2009’’; 

17 (2) in subsection (b), by striking ‘‘at least every 

18 three years’’ and inserting ‘‘at least every 4 years 

19 except that strategic plans submitted by September 

20 30, 2009, shall be updated and revised by September 

21 30, 2012’’; 

22 (3) in subsection (b), by striking ‘‘five years 

23 forward’’ and inserting ‘‘six years forward’’; and 

24 (4) in subsection (c), by inserting a comma 

25 after ‘‘section’’ the second place it appears and inmstockstill on PROD1PC66 with BILLS

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1 serting ‘‘including a strategic plan submitted by 

2 September 30, 2009, meeting the requirements of 

3 subsection (a)’’. 

4 (f) PERFORMANCE PLANS.—Section 2803(a) of title 

5 39, United States Code, is amended— 

6 (1) in the matter before paragraph (1), by 

7 striking ‘‘an annual’’ and inserting ‘‘a biennial’’; 

8 (2) in paragraph (1), by inserting after ‘‘pro9 gram activity’’ the following: ‘‘for both years 1 and 

10 2 of the biennial plan’’; 

11 (3) in paragraph (5), by striking ‘‘and’’ after 

12 the semicolon; 

13 (4) in paragraph (6), by striking the period and 

14 inserting ‘‘; and’’; and 

15 (5) by adding after paragraph (6) the following: 

16 ‘‘(7) cover each fiscal year of the biennium be17 ginning with the first fiscal year of the next biennial 

18 budget cycle.’’. 

19 (g) COMMITTEE VIEWS OF PLANS AND REPORTS.— 

20 Section 301(d) of the Congressional Budget Act (2 U.S.C. 

21 632(d)) is amended by adding at the end ‘‘Each committee 

22 of the Senate or the House of Representatives shall review 

23 the strategic plans, performance plans, and performance 

24 reports, required under section 306 of title 5, United 

25 States Code, and sections 1115 and 1116 of title 31, 

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1 United States Code, of all agencies under the jurisdiction 

2 of the committee. Each committee may provide its views 

3 on such plans or reports to the Committee on the Budget 

4 of the applicable House.’’. 

5 SEC. 129. BIENNIAL APPROPRIATION BILLS. 

6 (a) IN THE HOUSE OF REPRESENTATIVES.—Clause 

7 2(a) of rule XXI of the Rules of the House of Representa8 tives is amended by adding at the end the following new 

9 subparagraph: 

10 ‘‘(3)(A) Except as provided by subdivision (B), an ap11 propriation may not be reported in a general appropriation 

12 bill (other than a supplemental appropriation bill), and 

13 may not be in order as an amendment thereto, unless it 

14 provides new budget authority or establishes a level of ob15 ligations under contract authority for each fiscal year of 

16 a biennium. 

17 ‘‘(B) Subdivision (A) does not apply with respect to 

18 an appropriation for a single fiscal year for any program, 

19 project, or activity if the bill or amendment thereto con20 taining that appropriation includes a provision expressly 

21 stating the following: ‘Congress finds that no additional 

22 funding beyond one fiscal year will be required and the 

23 [Insert name of applicable program, project, or activity] 

24 will be completed or terminated after the amount provided 

25 has been expended.’. 

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1 ‘‘(C) For purposes of paragraph (b), the statement 

2 set forth in subdivision (B) with respect to an appropria3 tion for a single fiscal year for any program, project, or 

4 activity may be included in a general appropriation bill 

5 or amendment thereto.’’. 

6 (b) CONFORMING AMENDMENT.—Clause 5(b)(1) of 

7 rule XXII of the House of Representatives is amended by 

8 striking ‘‘or (c)’’ and inserting ‘‘or (3) or 2(c)’’. 

9 SEC. 130. ASSISTANCE BY FEDERAL AGENCIES TO STAND10 ING COMMITTEES OF THE SENATE AND THE 

11 HOUSE OF REPRESENTATIVES. 

12 (a) INFORMATION REGARDING AGENCY APPROPRIA13 TIONS REQUESTS.—To assist each standing committee of 

14 the House of Representatives and the Senate in carrying 

15 out its responsibilities, the head of each Federal agency 

16 which administers the laws or parts of laws under the ju17 risdiction of such committee shall provide to such com18 mittee such studies, information, analyses, reports, and 

19 assistance as may be requested by the chairman and rank20 ing minority member of the committee. 

21 (b) INFORMATION REGARDING AGENCY PROGRAM

22 ADMINISTRATION.—To assist each standing committee of 

23 the House of Representatives and the Senate in carrying 

24 out its responsibilities, the head of any agency shall fur25 nish to such committee documentation, containing informstockstill on PROD1PC66 with BILLS

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1 mation received, compiled, or maintained by the agency 

2 as part of the operation or administration of a program, 

3 or specifically compiled pursuant to a request in support 

4 of a review of a program, as may be requested by the 

5 chairman and ranking minority member of such com6 mittee. 

7 (c) SUMMARIES BY COMPTROLLER GENERAL.—With8 in thirty days after the receipt of a request from a chair9 man and ranking minority member of a standing com10 mittee having jurisdiction over a program being reviewed 

11 and studied by such committee under this section, the 

12 Comptroller General of the United States shall furnish to 

13 such committee summaries of any audits or reviews of 

14 such program which the Comptroller General has com15 pleted during the preceding six years. 

16 (d) CONGRESSIONAL ASSISTANCE.—Consistent with 

17 their duties and functions under law, the Comptroller Gen18 eral of the United States, the Director of the Congres19 sional Budget Office, and the Director of the Congres20 sional Research Service shall continue to furnish (con21 sistent with established protocols) to each standing com22 mittee of the House of Representatives or the Senate such 

23 information, studies, analyses, and reports as the chair24 man and ranking minority member may request to assist 

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1 the committee in conducting reviews and studies of pro2 grams under this section. 

3 Subtitle D—Prevention of 

4 Government Shutdown 

5 SEC. 141. AMENDMENT TO TITLE 31. 

6 (a) IN GENERAL.—Chapter 13 of title 31, United 

7 States Code, is amended by inserting after section 1310 

8 the following new section: 

9 ‘‘§ 1311. Continuing appropriations 

10 ‘‘(a)(1) If any regular appropriation bill for a fiscal 

11 year (or, if applicable, for each fiscal year in a biennium) 

12 does not become law before the beginning of such fiscal 

13 year or a joint resolution making continuing appropria14 tions is not in effect, there are appropriated, out of any 

15 money in the Treasury not otherwise appropriated, and 

16 out of applicable corporate or other revenues, receipts, and 

17 funds, such sums as may be necessary to continue any 

18 project or activity for which funds were provided in the 

19 preceding fiscal year— 

20 ‘‘(A) in the corresponding regular appropriation 

21 Act for such preceding fiscal year; or 

22 ‘‘(B) if the corresponding regular appropriation 

23 bill for such preceding fiscal year did not become 

24 law, then in a joint resolution making continuing ap25 propriations for such preceding fiscal year. 

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1 ‘‘(2) Appropriations and funds made available, and 

2 authority granted, for a project or activity for any fiscal 

3 year pursuant to this section shall be at a rate of oper4 ations not in excess of the lower of— 

5 ‘‘(A) the rate of operations provided for in the 

6 regular appropriation Act providing for such project 

7 or activity for the preceding fiscal year; 

8 ‘‘(B) in the absence of such an Act, the rate of 

9 operations provided for such project or activity pur10 suant to a joint resolution making continuing appro11 priations for such preceding fiscal year; 

12 ‘‘(C) the rate of operations provided for in the 

13 regular appropriation bill as passed by the House of 

14 Representatives or the Senate for the fiscal year in 

15 question, except that the lower of these two versions 

16 shall be ignored for any project or activity for which 

17 there is a budget request if no funding is provided 

18 for that project or activity in either version; or 

19 ‘‘(D) the annualized rate of operations provided 

20 for in the most recently enacted joint resolution 

21 making continuing appropriations for part of that 

22 fiscal year or any funding levels established under 

23 the provisions of this Act. 

24 ‘‘(3) Appropriations and funds made available, and 

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1 tion for a project or activity shall be available for the pe2 riod beginning with the first day of a lapse in appropria3 tions and ending with the earlier of— 

4 ‘‘(A) the date on which the applicable regular 

5 appropriation bill for such fiscal year becomes law 

6 (whether or not such law provides for such project 

7 or activity) or a continuing resolution making appro8 priations becomes law, as the case may be; or 

9 ‘‘(B) the last day of such fiscal year. 

10 ‘‘(b) An appropriation or funds made available, or au11 thority granted, for a project or activity for any fiscal year 

12 pursuant to this section shall be subject to the terms and 

13 conditions imposed with respect to the appropriation made 

14 or funds made available for the preceding fiscal year, or 

15 authority granted for such project or activity under cur16 rent law. 

17 ‘‘(c) Appropriations and funds made available, and 

18 authority granted, for any project or activity for any fiscal 

19 year pursuant to this section shall cover all obligations or 

20 expenditures incurred for such project or activity during 

21 the portion of such fiscal year for which this section ap22 plies to such project or activity. 

23 ‘‘(d) Expenditures made for a project or activity for 

24 any fiscal year pursuant to this section shall be charged 

25 to the applicable appropriation, fund, or authorization 

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1 whenever a regular appropriation bill or a joint resolution 

2 making continuing appropriations until the end of a fiscal 

3 year providing for such project or activity for such period 

4 becomes law. 

5 ‘‘(e) This section shall not apply to a project or activ6 ity during a fiscal year if any other provision of law (other 

7 than an authorization of appropriations)— 

8 ‘‘(1) makes an appropriation, makes funds 

9 available, or grants authority for such project or ac10 tivity to continue for such period; or 

11 ‘‘(2) specifically provides that no appropriation 

12 shall be made, no funds shall be made available, or 

13 no authority shall be granted for such project or ac14 tivity to continue for such period. 

15 ‘‘(f) For purposes of this section, the term ‘regular 

16 appropriation bill’ means any annual appropriation bill 

17 making appropriations, otherwise making funds available, 

18 or granting authority, for any of the following categories 

19 of projects and activities: 

20 ‘‘(1) Agriculture, rural development, Food and 

21 Drug Administration, and related agencies pro22 grams. 

23 ‘‘(2) The Department of Defense. 

24 ‘‘(3) Energy and water development, and re25 lated agencies. 

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1 ‘‘(4) State, foreign operations, and related pro2 grams. 

3 ‘‘(5) The Department of Homeland Security. 

4 ‘‘(6) The Department of the Interior, Environ5 mental Protection Agency, and related agencies. 

6 ‘‘(7) The Departments of Labor, Health and 

7 Human Services, and Education, and related agen8 cies. 

9 ‘‘(8) Military construction, veterans affairs, and 

10 related agencies. 

11 ‘‘(9) Science, the Departments of State, Jus12 tice, and Commerce, and related agencies. 

13 ‘‘(10) The Departments of Transportation, 

14 Housing and Urban Development, and related agen15 cies. 

16 ‘‘(11) The Legislative Branch. 

17 ‘‘(12) Financial services and general govern18 ment.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis of chap20 ter 13 of title 31, United States Code, is amended by in21 serting after the item relating to section 1310 the fol22 lowing new item: 

‘‘1311. Continuing appropriations.’’. 

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1 Subtitle E—The Baseline 

2 SEC. 151. ELIMINATION OF INFLATION ADJUSTMENT. 

3 Section 257(c) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985 is amended— 

5 (1) in paragraph (1) by striking ‘‘for inflation 

6 as specified in paragraph (5),’’; and 

7 (2) by striking paragraph (5) and redesignating 

8 paragraph (6) as paragraph (5). 

9 SEC. 152. THE PRESIDENT’S BUDGET. 

10 (a) Paragraph (5) of section 1105(a) of title 31, 

11 United States Code, is amended to read as follows: 

12 ‘‘(5) except as provided in subsection (b) of this 

13 section, estimated expenditures and appropriations 

14 for the current year and estimated expenditures and 

15 proposed appropriations the President decides are 

16 necessary to support the Government in the fiscal 

17 year for which the budget is submitted and the 4 fis18 cal years following that year, and, except for detailed 

19 budget estimates, the percentage change from the 

20 current year to the fiscal year for which the budget 

21 is submitted for estimated expenditures and for ap22 propriations.’’. 

23 (b) Section 1105(a)(6) of title 31, United States 

24 Code, is amended to read as follows: 

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1 ‘‘(6) estimated receipts of the Government in 

2 the current year and the fiscal year for which the 

3 budget is submitted and the 4 fiscal years after that 

4 year under— 

5 ‘‘(A) laws in effect when the budget is sub6 mitted; and 

7 ‘‘(B) proposals in the budget to increase 

8 revenues, 

9 and the percentage change (in the case of each cat10 egory referred to in subparagraphs (A) and (B)) be11 tween the current year and the fiscal year for which 

12 the budget is submitted and between the current 

13 year and each of the 9 fiscal years after the fiscal 

14 year for which the budget is submitted.’’. 

15 (c) Section 1105(a)(12) of title 31, United States 

16 Code, is amended to read as follows: 

17 ‘‘(12) for each proposal in the budget for legis18 lation that would establish or expand a Government 

19 activity or function, a table showing— 

20 ‘‘(A) the amount proposed in the budget 

21 for appropriation and for expenditure because 

22 of the proposal in the fiscal year for which the 

23 budget is submitted; 

24 ‘‘(B) the estimated appropriation required 

25 because of the proposal for each of the 4 fiscal 

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1 years after that year that the proposal will be 

2 in effect; and 

3 ‘‘(C) the estimated amount for the same 

4 activity or function, if any, in the current fiscal 

5 year, 

6 and, except for detailed budget estimates, the per7 centage change (in the case of each category re8 ferred to in subparagraphs (A), (B), and (C)) be9 tween the current year and the fiscal year for which 

10 the budget is submitted.’’. 

11 (d) Section 1105(a)(18) of title 31, United States 

12 Code, is amended by inserting ‘‘new budget authority 

13 and’’ before ‘‘budget outlays’’. 

14 (e) Section 1105(a) of title 31, United States Code, 

15 is amended by adding at the end the following new para16 graphs: 

17 ‘‘(35) a comparison of levels of estimated ex18 penditures and proposed appropriations for each 

19 function and subfunction in the current fiscal year 

20 and the fiscal year for which the budget is sub21 mitted, along with the proposed increase or decrease 

22 of spending in percentage terms for each function 

23 and subfunction. 

24 ‘‘(36) a table on sources of growth in total di25 rect spending under current law and as proposed in 

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1 this budget submission for the budget year and the 

2 ensuing 9 fiscal years, which shall include changes 

3 in outlays attributable to the following: cost-of-living 

4 adjustments; changes in the number of program re5 cipients; increases in medical care prices, utilization 

6 and intensity of medical care; and residual factors.’’. 

7 (f) Section 1109(a) of title 31, United States Code, 

8 is amended by inserting after the first sentence the fol9 lowing new sentence: ‘‘For discretionary spending, these 

10 estimates shall assume the levels set forth in the discre11 tionary spending limits under section 251(b) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985, 

13 as adjusted, for the appropriate fiscal years (and if no 

14 such limits are in effect, these estimates shall assume the 

15 adjusted levels for the most recent fiscal year for which 

16 such levels were in effect).’’. 

17 SEC. 153. THE CONGRESSIONAL BUDGET. 

18 Section 301(e) of the Congressional Budget Act of 

19 1974 (as amended by section 103) is further amended— 

20 (1) in paragraph (1), by inserting at the end 

21 the following: ‘‘The basis of deliberations in devel22 oping such joint resolution shall be the estimated 

23 budgetary levels for the preceding fiscal year. Any 

24 budgetary levels pending before the committee and 

25 the text of the joint resolution shall be accompanied 

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1 by a document comparing such levels or such text to 

2 the estimated levels of the prior fiscal year. Any 

3 amendment offered in the committee that changes a 

4 budgetary level and is based upon a specific policy 

5 assumption for a program, project, or activity shall 

6 be accompanied by a document indicating the esti7 mated amount for such program, project, or activity 

8 in the current year.’’; and 

9 (2) in paragraph (2), by striking ‘‘and’’ at the 

10 end of subparagraph (H) (as redesignated), by strik11 ing the period and inserting ‘‘; and’’ at the end of 

12 subparagraph (I) (as redesignated), and by adding 

13 at the end the following new subparagraph: 

14 ‘‘(J) a comparison of levels for the current 

15 fiscal year with proposed spending and revenue 

16 levels for the subsequent fiscal years along with 

17 the proposed increase or decrease of spending 

18 in percentage terms for each function.’’. 

19 SEC. 154. CONGRESSIONAL BUDGET OFFICE REPORTS TO 

20 COMMITTEES. 

21 (a) The first sentence of section 202(e)(1) of the Con22 gressional Budget Act of 1974 is amended by inserting 

23 ‘‘compared to comparable levels for the current year’’ be24 fore the comma at the end of subparagraph (A) and before 

25 the comma at the end of subparagraph (B). 

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1 (b) Section 202(e)(1) of the Congressional Budget 

2 Act of 1974 is amended by inserting after the first sen3 tence the following new sentence: ‘‘Such report shall also 

4 include a table on sources of spending growth in total di5 rect spending for the budget year and the ensuing 4 fiscal 

6 years, which shall include changes in outlays attributable 

7 to the following: cost-of-living adjustments; changes in the 

8 number of program recipients; increases in medical care 

9 prices, utilization and intensity of medical care; and resid10 ual factors.’’. 

11 (c) Section 308(a)(1)(B) of the Congressional Budget 

12 Act of 1974 is amended by inserting ‘‘and shall include 

13 a comparison of those levels to comparable levels for the 

14 current fiscal year’’ before ‘‘if timely submitted’’. 

15 SEC. 155. TREATMENT OF EMERGENCIES. 

16 Section 257(c) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985 (as amended by section 

18 151) is further amended by adding at the end the fol19 lowing new paragraph: 

20 ‘‘(6) EMERGENCIES.—Budgetary resources for 

21 emergencies shall be at the level provided in the re22 serve fund for emergencies for that fiscal year pur23 suant to section 301(a)(4) of the Congressional 

24 Budget Act of 1974.’’. 

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1 TITLE II—PUTTING A LID ON 

2 THE FEDERAL BUDGET 

3 Subtitle A—Spending Safeguards 

4 on the Growth of Entitlements 

5 and Mandatories 

6 SEC. 201. SPENDING CAPS ON GROWTH OF ENTITLEMENTS 

7 AND MANDATORIES. 

8 (a) CONTROL OF ENTITLEMENTS AND

9 MANDATORIES.—The Balanced Budget and Emergency 

10 Deficit Control Act of 1985 is amended by adding after 

11 section 252 the following new section: 

12 ‘‘SEC. 252A. ENFORCING CONTROLS ON DIRECT SPENDING. 

13 ‘‘(a) CAP ON GROWTH OF ENTITLEMENTS.—Effec14 tive for fiscal year 2009 and for each ensuing fiscal year, 

15 the total level of direct spending for all direct spending 

16 programs, projects, and activities (excluding social secu17 rity) for any such fiscal year shall not exceed the total 

18 level of spending for all such programs, projects, and ac19 tivities for the previous fiscal year after the direct spend20 ing for each such program, project, or activity is increased 

21 by the higher of the change in the Consumer Price Index 

22 for All Urban Consumers or the inflator (if any) applicable 

23 to that program, project, or activity and the growth in 

24 eligible population for such, project, or activity. 

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1 ‘‘(b) SEQUESTRATION.—Within 15 days after Con2 gress adjourns to end a session (other than of the second 

3 session of the One Hundred Ninth Congress), and on the 

4 same day as a sequestration (if any) under section 251, 

5 there shall be a sequestration to reduce the amount of di6 rect spending for the fiscal year beginning in the year the 

7 Congress adjourns by any amount necessary to reduce 

8 such spending to the level set forth in subsection (a) un9 less that amount is less than $250,000,000. 

10 ‘‘(c) UNIFORM REDUCTIONS; LIMITATIONS.—The 

11 amount required to be sequestered for the fiscal year 

12 under subsection (a) shall be obtained from nonexempt di13 rect spending accounts by actions taken in the following 

14 order: 

15 ‘‘(1) FIRST.—The reductions in the programs 

16 specified in section 256(a) (National Wool Act and 

17 special milk), section 256(b) (student loans), and 

18 section 256(c) (foster care and adoption assistance) 

19 shall be made. 

20 ‘‘(2) SECOND.—Any additional reductions that 

21 may be required shall be achieved by reducing each 

22 remaining nonexempt direct spending account by the 

23 uniform percentage necessary to achieve those addi24 tional reductions, except that— 

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1 ‘‘(A) the low-income programs specified in 

2 section 256(d) shall not be reduced by more 

3 than 2 percent; 

4 ‘‘(B) the retirement and veterans benefits 

5 specified in sections 256(f), (g), and (h) shall 

6 not be reduced by more than 2 percent in the 

7 manner specified in that section; and 

8 ‘‘(C) the medicare programs shall not be 

9 reduced by more than 2 percent in the manner 

10 specified in section 256(i). 

11 The limitations set forth in subparagraphs (A), (B), 

12 and (C) shall be applied iteratively, and after each 

13 iteration the uniform percentage applicable to all 

14 other programs under this paragraph shall be in15 creased (if necessary) to a level sufficient to achieve 

16 the reductions required by this paragraph.’’. 

17 (b) TABLE OF CONTENTS AMENDMENT.—The table 

18 of contents set forth in 250(c) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985 is amended 

20 by adding after the item relating to section 252 the fol21 lowing new item: 

‘‘Sec. 252A. Enforcing controls on direct spending.’’. 

22 SEC. 202. EXEMPT PROGRAMS AND ACTIVITIES. 

23 Section 255 of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985 is amended to read as follows: 

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1 ‘‘SEC. 255. EXEMPT PROGRAMS AND ACTIVITIES. 

2 ‘‘(a) SOCIAL SECURITY BENEFITS; TIER I RAILROAD

3 RETIREMENT BENEFITS; AND CERTAIN MEDICARE BEN4 EFITS.—(1) Benefits payable under the old-age, survivors, 

5 and disability insurance program established under title 

6 II of the Social Security Act, and benefits payable under 

7 section 3(a), 3(f)(3), 4(a), or 4(f) of the Railroad Retire8 ment Act of 1974, shall be exempt from reduction under 

9 any order issued under this part. 

10 ‘‘(2) Payments made under part A of title XVIII (re11 lating to part A medicare hospital insurance benefits) of 

12 the Social Security Act and payments made under part 

13 C of such title (relating to the Medicare Advantage pro14 gram) insofar as they are attributable to part A of such 

15 title shall be exempt from reduction under any order 

16 issued under this part. 

17 ‘‘(b) DESCRIPTIONS AND LISTS.—The following 

18 budget accounts or activities shall be exempt from seques19 tration: 

20 ‘‘(1) net interest; 

21 ‘‘(2) all payments to trust funds from excise 

22 taxes or other receipts or collections properly cred23 itable to those trust funds; 

24 ‘‘(3) all payments from one Federal direct 

25 spending budget account to another Federal budget 

26 account; and all intragovernmental funds including 

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1 those from which funding is derived primarily from 

2 other Government accounts, except to the extent 

3 that such funds are augmented by direct appropria4 tions for the fiscal year for which the order is in ef5 fect; 

6 ‘‘(4) activities resulting from private donations, 

7 bequests, or voluntary contributions to the Govern8 ment; 

9 ‘‘(5) payments from any revolving fund or 

10 trust-revolving fund (or similar activity) that pro11 vides deposit insurance or other Government insur12 ance, Government guarantees, or any other form of 

13 contingent liability, to the extent those payments re14 sult from contractual or other legally binding com15 mitments of the Government at the time of any se16 questration; 

17 ‘‘(6) credit liquidating and financing accounts; 

18 ‘‘(7) the following accounts, which largely fulfill 

19 requirements of the Constitution or otherwise make 

20 payments to which the Government is committed: 

21 ‘‘Administration of Territories, Northern 

22 Mariana Islands Covenant grants (14–0412–0– 

23 1–806); 

24 ‘‘Armed Forces Retirement Home Trust 

25 Fund, payment of claims (84–8930–0–7–705); 

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1 ‘‘Bureau of Indian Affairs, miscellaneous 

2 payments to Indians (14–2303–0–1–452); 

3 ‘‘Bureau of Indian Affairs, miscellaneous 

4 trust funds, tribal trust funds (14–9973–0–7– 

5 999); 

6 ‘‘Claims, defense; 

7 ‘‘Claims, judgments, and relief act (20– 

8 1895–0–1–806); 

9 ‘‘Compact of Free Association, economic 

10 assistance pursuant to Public Law 99–658 (14– 

11 0415–0–1–806); 

12 ‘‘Compensation of the President (11– 

13 0001–0–1–802); 

14 ‘‘Customs Service, miscellaneous perma15 nent appropriations (20–9992–0–2–852); 

16 ‘‘Eastern Indian land claims settlement 

17 fund (14–2202–0–1–806); 

18 ‘‘Farm Credit Administration, Limitation 

19 on Administration Expenses (78–4131–0–3– 

20 351); 

21 ‘‘Farm Credit System Financial Assistance 

22 Corporation, interest payments (20–1850–0–1– 

23 351); 

24 ‘‘Internal Revenue collections of Puerto 

25 Rico (20–5737–0–2–852); 

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1 ‘‘Panama Canal Commission, operating ex2 penses and capital outlay (95–5190–0–2–403); 

3 ‘‘Payments of Vietnam and USS Pueblo 

4 prisoner-of-war claims (15–0104–0–1–153); 

5 ‘‘Payments to copyright owners (03–5175– 

6 0–2–376); 

7 ‘‘Payments to health care trust funds (75– 

8 0580–0–1–571); 

9 ‘‘Payments to social security trust funds 

10 (75–0404–0–1–651); 

11 ‘‘Payments to the United States terri12 tories, fiscal assistance (14–0418–0–1–801); 

13 ‘‘Payments to widows and heirs of de14 ceased Members of Congress (00–0215–0–1– 

15 801); 

16 ‘‘Pension Benefit Guaranty Corporation 

17 Fund (16–4204–0–3–601); 

18 ‘‘Salaries of Article III judges; 

19 ‘‘Washington Metropolitan Area Transit 

20 Authority, interest payments (46–0300–0–1– 

21 401); 

22 ‘‘(8) the following noncredit special, revolving, 

23 or trust-revolving funds: 

24 Coinage profit fund (20–5811–0–2–803); 

25 ‘‘Comptroller of the Currency; 

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1 ‘‘Director of the Office of Thrift Super2 vision; 

3 ‘‘Exchange Stabilization Fund (20–4444– 

4 0–3–155); 

5 ‘‘Federal Housing Finance Board; 

6 ‘‘Foreign Military Sales trust fund (11– 

7 82232–0–7–155); 

8 ‘‘National Credit Union Administration, 

9 central liquidating facility (25–4470–0–3–373); 

10 ‘‘National Credit Union Administration, 

11 credit union insurance fund (25–4468–0–3– 

12 373); 

13 ‘‘National Credit Union Administration op14 erating fund (25–4056–0–3–373); and 

15 ‘‘Resolution Trust Corporation Revolving 

16 Fund (22–4055–0–3–373); 

17 ‘‘(9) Thrift Savings Fund; 

18 ‘‘(10) appropriations for the District of Colum19 bia to the extent they are appropriations of locally 

20 raised funds; 

21 ‘‘(11)(A) any amount paid as regular unemploy22 ment compensation by a State from its account in 

23 the Unemployment Trust Fund (established by sec24 tion 904(a) of the Social Security Act); 

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1 ‘‘(B) any advance made to a State from the 

2 Federal unemployment account (established by sec3 tion 904(g) of such Act) under title XII of such Act 

4 and any advance appropriated to the Federal unem5 ployment account pursuant to section 1203 of such 

6 Act; and 

7 ‘‘(C) any payment made from the Federal Em8 ployees Compensation Account (as established under 

9 section 909 of such Act) for the purpose of carrying 

10 out chapter 85 of title 5, United States Code, and 

11 funds appropriated or transferred to or otherwise 

12 deposited in such Account; and 

13 ‘‘(12)(A) FDIC, Bank Insurance Fund (51– 

14 4064–0–3–373); 

15 ‘‘(B) FDIC, FSLIC Resolution Fund (51– 

16 4065–0–3–373); and 

17 ‘‘(C) FDIC, Savings Association Insurance 

18 Fund (51–4066–0–3–373). 

19 ‘‘(c) FEDERAL RETIREMENT AND DISABILITY AC20 COUNTS.—The following Federal retirement and disability 

21 accounts shall be exempt from reduction under any order 

22 issued under this part: 

23 ‘‘Civil service retirement and disability fund 

24 (24–8135–0–7–602). 

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1 ‘‘Black Lung Disability Trust Fund (20–8144– 

2 0–7–601). 

3 ‘‘Foreign Service Retirement and Disability 

4 Fund (19–8186–0–7–602). 

5 ‘‘District of Columbia Judicial Retirement and 

6 Survivors Annuity Fund (20–8212–0–7–602). 

7 ‘‘Judicial Survivors’ Annuities Fund (10–8110– 

8 0–7–602). 

9 ‘‘Payments to the Railroad Retirement Ac10 counts (60–0113–0–1–601). 

11 ‘‘Tax Court Judges Survivors Annuity Fund 

12 (23–8115–0–7–602). 

13 ‘‘Employees Life Insurance Fund (24–8424–0– 

14 8–602). 

15 ‘‘(d) FEDERAL ADMINISTRATIVE EXPENSES.— 

16 ‘‘(1) Notwithstanding any provision of law 

17 other than paragraph (3), administrative expenses 

18 incurred by the departments and agencies, including 

19 independent agencies, of the Government in connec20 tion with any program, project, activity, or account 

21 shall be subject to reduction pursuant to any seques22 tration order, without regard to any exemption, ex23 ception, limitation, or special rule otherwise applica24 ble with respect to such program, project, activity, 

25 or account, and regardless of whether the program, 

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1 project, activity, or account is self-supporting and 

2 does not receive appropriations. 

3 ‘‘(2) Payments made by the Government to re4 imburse or match administrative costs incurred by a 

5 State or political subdivision under or in connection 

6 with any program, project, activity, or account shall 

7 not be considered administrative expenses of the 

8 Government for purposes of this section, and shall 

9 be subject to sequestration to the extent (and only 

10 to the extent) that other payments made by the Gov11 ernment under or in connection with that program, 

12 project, activity, or account are subject to that re13 duction or sequestration; except that Federal pay14 ments made to a State as reimbursement of admin15 istrative costs incurred by that State under or in 

16 connection with the unemployment compensation 

17 programs specified in subsection (a)(11) shall be 

18 subject to reduction or sequestration under this part 

19 notwithstanding the exemption otherwise granted to 

20 such programs under that subsection. 

21 ‘‘(3) Notwithstanding any other provision of 

22 law, the administrative expenses of the following 

23 programs shall be exempt from sequestration: 

24 ‘‘(A) Comptroller of the Currency. 

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1 ‘‘(B) Federal Deposit Insurance Corpora2 tion. 

3 ‘‘(C) Office of Thrift Supervision. 

4 ‘‘(D) National Credit Union Administra5 tion. 

6 ‘‘(E) National Credit Union Administra7 tion, central liquidity facility. 

8 ‘‘(F) Federal Retirement Thrift Invest9 ment Board. 

10 ‘‘(G) Resolution Funding Corporation. 

11 ‘‘(H) Resolution Trust Corporation. 

12 ‘‘(I) Board of Governors of the Federal 

13 Reserve System. 

14 ‘‘(e) VETERANS’ PROGRAMS.—The following pro15 grams shall be exempt from reduction under any order 

16 issued under this part: 

17 ‘‘General Post Funds (36–8180–0–7–705). 

18 ‘‘Veterans Insurance and Indemnities (36– 

19 0120–0–1–701). 

20 ‘‘Service-Disabled Veterans Insurance Funds 

21 (36–4012–0–3–701). 

22 ‘‘Veterans Reopened Insurance Fund (36– 

23 4010–0–3–701). 

24 ‘‘Servicemembers’ Group Life Insurance Fund 

25 (36–4009–0–3–701). 

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1 ‘‘Post-Vietnam Era Veterans Education Ac2 count (36–8133–0–7–702). 

3 ‘‘National Service Life Insurance Fund (36– 

4 8132–0–7–701). 

5 ‘‘United States Government Life Insurance 

6 Fund (36–8150–0–7–701). 

7 ‘‘Veterans Special Life Insurance Fund (36– 

8 8455–0–8–701). 

9 ‘‘(f) OPTIONAL EXEMPTION OF DEFENSE AND

10 HOMELAND SECURITY ACCOUNTS.— 

11 ‘‘(1) IN GENERAL.—The President may, with 

12 respect to any defense or homeland security account, 

13 exempt that account from sequestration or provide 

14 for a lower uniform percentage reduction than would 

15 otherwise apply. 

16 ‘‘(2) LIMITATION.—The President may not use 

17 the authority provided by paragraph (1) unless the 

18 President notifies the Congress of the manner in 

19 which such authority will be exercised on or before 

20 the date specified in section 254(a) for the budget 

21 year.’’. 

22 SEC. 203. EXCEPTIONS, LIMITATIONS, AND SPECIAL RULES. 

23 (a) IN GENERAL.—Section 256 of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985 is 

25 amended to read as follows: 

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1 ‘‘SEC. 256. EXCEPTIONS, LIMITATIONS, AND SPECIAL 

2 RULES. 

3 ‘‘(a) NATIONAL WOOL ACT AND THE SPECIAL MILK

4 PROGRAM.—Automatic spending increases are increases 

5 in outlays due to changes in indexes in the following pro6 grams: 

7 ‘‘(1) National Wool Act. 

8 ‘‘(2) Special milk program. 

9 In those programs all amounts other than the automatic 

10 spending increases shall be exempt from reduction under 

11 any sequestration order. 

12 ‘‘(b) STUDENT LOANS.—For all student loans under 

13 part B or D of title IV of the Higher Education Act of 

14 1965 made during the period when a sequestration order 

15 under section 254 is in effect as required by section 252 

16 or 253, origination fees under sections 438(c)(2) and 

17 455(c) of that Act shall each be increased by 0.50 percent18 age point. 

19 ‘‘(c) FOSTER CARE AND ADOPTION ASSISTANCE

20 PROGRAMS.—Any sequestration order shall make the re21 duction otherwise required under the foster care and adop22 tion assistance programs (established by part E of title 

23 IV of the Social Security Act) only with respect to pay24 ments and expenditures made by States in which increases 

25 in foster care maintenance payment rates or adoption as26 sistance payment rates (or both) are to take effect during 

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1 the fiscal year involved, and only to the extent that the 

2 required reduction can be accomplished by applying a uni3 form percentage reduction to the Federal matching pay4 ments that each such State would otherwise receive under 

5 section 474 of that Act (for such fiscal year) for that por6 tion of the State’s payments attributable to the increases 

7 taking effect during that year. No State’s matching pay8 ments from the Government for foster care maintenance 

9 payments or for adoption assistance maintenance pay10 ments may be reduced by a percentage exceeding the ap11 plicable domestic sequestration percentage. No State may, 

12 after the date of the enactment of this Act, make any 

13 change in the timetable for making payments under a 

14 State plan approved under part E of title IV of the Social 

15 Security Act which has the effect of changing the fiscal 

16 year in which expenditures under such part are made. 

17 ‘‘(d) LOW-INCOME PROGRAMS.—(1) Benefit pay18 ments or payments to States or other entities for the pro19 grams listed in paragraph (2) shall not be reduced by 

20 more than 2 percent under any sequestration order. When 

21 reduced under an end-of-session sequestration order, those 

22 benefit reductions shall occur starting with the payment 

23 made at the start of January. When reduced under a with24 in-session sequestration order, those benefit reductions 

25 shall occur starting with the next periodic payment. 

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1 ‘‘(2) The programs referred to in paragraph (1) are 

2 the following: 

3 ‘‘Child Nutrition (12–3539–0–1–605). 

4 ‘‘Food Stamp Programs (12–3505–0–1–605). 

5 ‘‘Grants to States for Medicaid (75–0512–0–1– 

6 551). 

7 ‘‘State Children’s Health Insurance Fund (75– 

8 0515–0–1–551). 

9 ‘‘Supplemental Security Income Program (75– 

10 0406–0–1–609). 

11 ‘‘Temporary Assistance for Needy Families 

12 (75–1552–0–1–609). 

13 ‘‘Special supplemental nutrition program for 

14 women, infants, and children (WIC) (12–3510–0–1– 

15 605). 

16 ‘‘(e) VETERANS’ MEDICAL CARE.—The maximum 

17 permissible reduction in budget authority for Veterans’ 

18 medical care (36–0160–0–1–703) for any fiscal year, pur19 suant to an order issued under section 254, shall be 2 

20 percent. 

21 ‘‘(f) FEDERAL RETIREMENT PROGRAMS.— 

22 ‘‘(1) For each of the programs listed in para23 graph (2) and except as provided in paragraph (3), 

24 monthly (or other periodic) benefit payments shall 

25 be reduced by the uniform percentage applicable to 

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1 direct spending sequestrations for such programs, 

2 which shall in no case exceed 2 percent under any 

3 sequestration order. When reduced under an end-of4 session sequestration order, those benefit reductions 

5 shall occur starting with the payment made at the 

6 start of January or 7 weeks after the order is 

7 issued, whichever is later. When reduced under a 

8 within-session sequestration order, those benefit re9 ductions shall occur starting with the next periodic 

10 payment. 

11 ‘‘(2) The programs subject to paragraph (1) 

12 are: 

13 ‘‘Central Intelligence Agency Retirement 

14 and Disability Fund (56–3400–0–1–054). 

15 ‘‘Comptrollers General Retirement System 

16 (05–0107–0–1–801). 

17 ‘‘Payments to the Foreign Service Retire18 ment and Disability Fund (72–1036–0–1–153). 

19 ‘‘Judicial Officer’ Retirement Fund (10– 

20 8122–0–7–602). 

21 ‘‘Claims Judges’ Retirement Fund (10– 

22 8124–0–7–602). 

23 ‘‘Pensions for former Presidents (47– 

24 0105–0–1–802). 

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1 ‘‘National Oceanic and Atmospheric Ad2 ministration Retirement (13–1450–0–1–306). 

3 ‘‘Railroad Industry Pension Fund (60– 

4 8011–0–7–601). 

5 ‘‘Retired pay, Coast Guard (70–0602–0–1– 

6 403). 

7 ‘‘Retirement pay and medical benefits for 

8 commissioned officers, Public Health Service 

9 (75–0379–0–1–551). 

10 ‘‘Payments to Civil Service Retirement and 

11 Disability Fund (24–0200–0–1–805). 

12 ‘‘Payments to the Foreign Service Retire13 ment and Disability Fund (72–1036–0–1–153) 

14 ‘‘Payments to Judiciary Trust Funds (10– 

15 0941–0–1–752). 

16 ‘‘(g) VETERANS PROGRAMS.—To achieve the total 

17 percentage reduction required by any order issued under 

18 this part, the percentage reduction that shall apply to pay19 ments under the following programs shall in no event ex20 ceed 2 percent: 

21 ‘‘Canteen Service Revolving Fund (36–4014–0– 

22 3–705). 

23 ‘‘Medical Center Research Organizations (36– 

24 4026–0–3–703). 

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1 ‘‘Disability Compensation Benefits (36–0102– 

2 0–1–701). 

3 ‘‘Education Benefits (36–0137–0–1–702). 

4 ‘‘Vocational Rehabilitation and Employment 

5 Benefits (36–0135–0–1–702). 

6 ‘‘Pensions Benefits (36–0154–0–1–701). 

7 ‘‘Burial Benefits (36–0139–0–1–701). 

8 ‘‘Guaranteed Transitional Housing Loans For 

9 Homeless Veterans Program Account (36–1119–0– 

10 1–704). 

11 ‘‘Housing Direct Loan Financing Account (36– 

12 4127–0–1–704). 

13 ‘‘Housing Guaranteed Loan Financing Account 

14 (36–4129–0–3–704). 

15 ‘‘Vocational Rehabilitation and Education Di16 rect Loan Financing Account (36–4259–0–3–702). 

17 ‘‘(h) MILITARY HEALTH AND RETIREMENT.—To 

18 achieve the total percentage reduction in military retire19 ment required by any order issued under this part, the 

20 percentage reduction that shall apply to payments under 

21 the Military retirement fund (97–8097–0–7–602), pay22 ments to the military retirement fund (97–0040–0–1– 

23 054), and the Defense Health Program (97–0130–0–1– 

24 051) shall in no event exceed 2 percent. 

25 ‘‘(i) MEDICARE PROGRAM.— 

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1 ‘‘(1) CALCULATION OF REDUCTION IN INDI2 VIDUAL PAYMENT AMOUNTS.—To achieve the total 

3 percentage reduction in those programs required by 

4 any order issued under this part, the percentage re5 duction that shall apply to payments under the 

6 health insurance programs under title XVIII of the 

7 Social Security Act (other than payments described 

8 in section 255(a)(2)) that are subject to such order 

9 for services furnished after any sequestration order 

10 is issued shall be such that the reduction made in 

11 payments under that order shall achieve the required 

12 total percentage reduction in those payments for 

13 that fiscal year as determined on a 12-month basis. 

14 However, the percentage reduction under any such 

15 program shall in no case exceed 2 percent under any 

16 sequestration order. 

17 ‘‘(2) TIMING OF APPLICATION OF REDUC18 TIONS.—If a reduction is made under paragraph (1) 

19 in payment amounts pursuant to a sequestration 

20 order, the reduction shall be applied to payment for 

21 services furnished after the effective date of the 

22 order. 

23 ‘‘(3) NO INCREASE IN BENEFICIARY CHARGES

24 IN ASSIGNMENT-RELATED CASES.—If a reduction in 

25 payment amounts is made under paragraph (1) for 

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1 services for which payment under part B of title 

2 XVIII of the Social Security Act is made on the 

3 basis of an assignment described in section 

4 1842(b)(3)(B)(ii), in accordance with section 

5 1842(b)(6)(B), or under the procedure described in 

6 section 1870(f)(1) of such Act, the person furnishing 

7 the services shall be considered to have accepted 

8 payment of the reasonable charge for the services, 

9 less any reduction in payment amount made pursu10 ant to a sequestration order, as payment in full. 

11 ‘‘(4) APPLICATION TO PARTS C AND D.—The 

12 reductions otherwise required under parts C and D 

13 of title XVIII of the Social Security Act with respect 

14 to a fiscal year shall be applied to the calendar year 

15 that begins after the end of the fiscal year to which 

16 the applicable sequestration order applies. 

17 ‘‘(j) FEDERAL PAY.— 

18 ‘‘(1) IN GENERAL.—For purposes of any order 

19 issued under section 254, new budget authority to 

20 pay Federal personnel shall be reduced by the appli21 cable uniform percentage, but no sequestration order 

22 may reduce or have the effect of reducing the rate 

23 of pay to which any individual is entitled under any 

24 statutory pay system (as increased by any amount 

25 payable under section 5304 of title 5, United States 

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1 Code, or section 302 of the Federal Employees Pay 

2 Comparability Act of 1990) or the rate of any ele3 ment of military pay to which any individual is enti4 tled under title 37, United States Code, or any in5 crease in rates of pay which is scheduled to take ef6 fect under section 5303 of title 5, United States 

7 Code, section 1009 of title 37, United States Code, 

8 or any other provision of law. 

9 ‘‘(2) DEFINITIONS.—For purposes of this sub10 section: 

11 ‘‘(A) The term ‘statutory pay system’ shall 

12 have the meaning given that term in section 

13 5302(1) of title 5, United States Code. 

14 ‘‘(B) The term ‘elements of military pay’ 

15 means— 

16 ‘‘(i) the elements of compensation of 

17 members of the uniformed services speci18 fied in section 1009 of title 37, United 

19 States Code, 

20 ‘‘(ii) allowances provided members of 

21 the uniformed services under sections 403a 

22 and 405 of such title, and 

23 ‘‘(iii) cadet pay and midshipman pay 

24 under section 203(c) of such title. 

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1 ‘‘(C) The term ‘uniformed services’ shall 

2 have the meaning given that term in section 

3 101(3) of title 37, United States Code. 

4 ‘‘(k) CHILD SUPPORT ENFORCEMENT PROGRAM.— 

5 Any sequestration order shall accomplish the full amount 

6 of any required reduction in expenditures under sections 

7 455 and 458 of the Social Security Act by reducing the 

8 Federal matching rate for State administrative costs 

9 under such program, as specified (for the fiscal year in10 volved) in section 455(a) of such Act, to the extent nec11 essary to reduce such expenditures by that amount. 

12 ‘‘(l) EXTENDED UNEMPLOYMENT COMPENSATION.— 

13 (1) A State may reduce each weekly benefit payment made 

14 under the Federal-State Extended Unemployment Com15 pensation Act of 1970 for any week of unemployment oc16 curring during any period with respect to which payments 

17 are reduced under an order issued under this title by a 

18 percentage not to exceed the percentage by which the Fed19 eral payment to the State under section 204 of such Act 

20 is to be reduced for such week as a result of such order. 

21 ‘‘(2) A reduction by a State in accordance with sub22 paragraph (A) shall not be considered as a failure to fulfill 

23 the requirements of section 3304(a)(11) of the Internal 

24 Revenue Code of 1954. 

25 ‘‘(m) COMMODITY CREDIT CORPORATION.— 

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1 ‘‘(1) POWERS AND AUTHORITIES OF THE COM2 MODITY CREDIT CORPORATION.—This title shall not 

3 restrict the Commodity Credit Corporation in the 

4 discharge of its authority and responsibility as a cor5 poration to buy and sell commodities in world trade, 

6 to use the proceeds as a revolving fund to meet 

7 other obligations and otherwise operate as a corpora8 tion, the purpose for which it was created. 

9 ‘‘(2) REDUCTION IN PAYMENTS MADE UNDER

10 CONTRACTS.—(A) Payments and loan eligibility 

11 under any contract entered into with a person by the 

12 Commodity Credit Corporation prior to the time any 

13 sequestration order has been issued shall not be re14 duced by an order subsequently issued. Subject to 

15 subparagraph (B), after any sequestration order is 

16 issued for a fiscal year, any cash payments made by 

17 the Commodity Credit Corporation— 

18 ‘‘(i) under the terms of any one-year con19 tract entered into in or after such fiscal year 

20 and after the issuance of the order; and 

21 ‘‘(ii) out of an entitlement account, 

22 to any person (including any producer, lender, or 

23 guarantee entity) shall be subject to reduction under 

24 the order. 

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1 ‘‘(B) Each contract entered into with producers 

2 or producer cooperatives with respect to a particular 

3 crop of a commodity and subject to reduction under 

4 subparagraph (A) shall be reduced in accordance 

5 with the same terms and conditions. If some, but 

6 not all, contracts applicable to a crop of a com7 modity have been entered into prior to the issuance 

8 of any sequestration order, the order shall provide 

9 that the necessary reduction in payments under con10 tracts applicable to the commodity be uniformly ap11 plied to all contracts for succeeding crops of the 

12 commodity, under the authority provided in para13 graph (3). 

14 ‘‘(3) DELAYED REDUCTION IN OUTLAYS PER15 MISSIBLE.—Notwithstanding any other provision of 

16 this title, if any sequestration order is issued with 

17 respect to a fiscal year, any reduction under the 

18 order applicable to contracts described in paragraph 

19 (2) may provide for reductions in outlays for the ac20 count involved to occur in the fiscal years following 

21 the fiscal year to which the order applies. 

22 ‘‘(4) UNIFORM PERCENTAGE RATE OF REDUC23 TION AND OTHER LIMITATIONS.—All reductions de24 scribed in paragraph (2) that are required to be 

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1 made in connection with any sequestration order 

2 with respect to a fiscal year— 

3 ‘‘(A) shall be made so as to ensure that 

4 outlays for each program, project, activity, or 

5 account involved are reduced by a percentage 

6 rate that is uniform for all such programs, 

7 projects, activities, and accounts, and may not 

8 be made so as to achieve a percentage rate of 

9 reduction in any such item exceeding the rate 

10 specified in the order; and 

11 ‘‘(B) with respect to commodity price sup12 port and income protection programs, shall be 

13 made in such manner and under such proce14 dures as will attempt to ensure that— 

15 ‘‘(i) uncertainty as to the scope of 

16 benefits under any such program is mini17 mized; 

18 ‘‘(ii) any instability in market prices 

19 for agricultural commodities resulting from 

20 the reduction is minimized; and 

21 ‘‘(iii) normal production and mar22 keting relationships among agricultural 

23 commodities (including both contract and 

24 non-contract commodities) are not dis25 torted. 

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1 In meeting the criterion set out in clause (iii) 

2 of subparagraph (B) of the preceding sentence, 

3 the President shall take into consideration that 

4 reductions under an order may apply to pro5 grams for two or more agricultural commodities 

6 that use the same type of production or mar7 keting resources or that are alternative com8 modities among which a producer could choose 

9 in making annual production decisions. 

10 ‘‘(5) CERTAIN AUTHORITY NOT TO BE LIM11 ITED.—Nothing in this title shall limit or reduce in 

12 any way any appropriation that provides the Com13 modity Credit Corporation with funds to cover the 

14 Corporation’s net realized losses. 

15 ‘‘(n) POSTAL SERVICE FUND.—Notwithstanding any 

16 other provision of law, any sequestration of the Postal 

17 Service Fund shall be accomplished by a payment from 

18 that Fund to the General Fund of the Treasury, and the 

19 Postmaster General of the United States shall make the 

20 full amount of that payment during the fiscal year to 

21 which the presidential sequestration order applies. 

22 ‘‘(o) EFFECTS OF SEQUESTRATION.—The effects of 

23 sequestration shall be as follows: 

24 ‘‘(1) Budgetary resources sequestered from any 

25 account other than an entitlement trust, special, or 

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1 revolving fund account shall revert to the Treasury 

2 and be permanently canceled. 

3 ‘‘(2) Except as otherwise provided, the same 

4 percentage sequestration shall apply to all programs, 

5 projects, and activities within a budget account (with 

6 programs, projects, and activities as delineated in 

7 the appropriation Act or accompanying report for 

8 the relevant fiscal year covering that account, or for 

9 accounts not included in appropriation Acts, as de10 lineated in the most recently submitted President’s 

11 budget). 

12 ‘‘(3) Administrative regulations or similar ac13 tions implementing a sequestration shall be made 

14 within 120 days of the sequestration order. To the 

15 extent that formula allocations differ at different 

16 levels of budgetary resources within an account, pro17 gram, project, or activity, the sequestration shall be 

18 interpreted as producing a lower total appropriation, 

19 with that lower appropriation being obligated as 

20 though it had been the pre-sequestration appropria21 tion and no sequestration had occurred. 

22 ‘‘(4) Except as otherwise provided, obligations 

23 in sequestered direct spending accounts shall be re24 duced in the fiscal year in which a sequestration oc25 curs and in all succeeding fiscal years. 

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1 ‘‘(5) If an automatic spending increase is se2 questered, the increase (in the applicable index) that 

3 was disregarded as a result of that sequestration 

4 shall not be taken into account in any subsequent 

5 fiscal year. 

6 ‘‘(6) Except as otherwise provided, sequestra7 tion in accounts for which obligations are indefinite 

8 shall be taken in a manner to ensure that obliga9 tions in the fiscal year of a sequestration and suc10 ceeding fiscal years are reduced, from the level that 

11 would actually have occurred, by the applicable se12 questration percentage.’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents set forth in 250(c) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985 is amended by 

16 amending the item relating to section 256 to read as fol17 lows: 

‘‘Sec. 256. Exceptions, limitations, and special rules.’’. 

18 SEC. 204. POINT OF ORDER. 

19 (a) ENTITLEMENT POINT OF ORDER.—Section 312 

20 of the Congressional Budget Act of 1974 is amended by 

21 adding at the end the following new subsection: 

22 ‘‘(g) ENTITLEMENT POINT OF ORDER.—It shall not 

23 be in order in the House of Representatives or the Senate 

24 to consider any bill, joint resolution, amendment, or con25 ference report that— 

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1 ‘‘(1) increases aggregate level of direct spending 

2 for any ensuing fiscal year; or 

3 ‘‘(2) includes any provision that has the effect 

4 of modifying the application of section 252A of the 

5 Balanced Budget and Emergency Deficit Control 

6 Act of 1985 to any entitlement program subject to 

7 sequestration or exempt from sequestration under 

8 such Act.’’. 

9 SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS. 

10 The Balanced Budget and Emergency Deficit Control 

11 Act of 1985 is amended as follows: 

12 (1) Section 251(a)(1) is amended by inserting 

13 ‘‘, section 252A,’’ after ‘‘section 252’’. 

14 (2) Section 254(c)(4)(B) is amended by insert15 ing ‘‘or section 252A’’ after ‘‘section 252’’. 

16 (3) Section 254(c) is amended by redesignating 

17 paragraph (5) as paragraph (6) and by inserting 

18 after paragraph (4) the following new paragraph: 

19 ‘‘(5) DIRECT SPENDING CONTROL SEQUESTRA20 TION REPORTS.—The preview reports shall set forth, 

21 for the current year and the budget year, estimates 

22 for each of the following: 

23 ‘‘(A) The total level of direct spending for 

24 all programs, projects, and activities (excluding 

25 social security). 

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1 ‘‘(B) The sequestration percentage or (if 

2 the required sequestration percentage is greater 

3 than the maximum allowable percentage) per4 centages necessary to comply with section 

5 252A.’’. 

6 (4) Section 254(f) is amended by redesignating 

7 paragraphs (4) and (5) as paragraphs (5) and (6) 

8 and by inserting after paragraph (3) the following 

9 new paragraph: 

10 ‘‘(4) DIRECT SPENDING CONTROL SEQUESTRA11 TION REPORTS.—The final reports shall contain all 

12 the information required in the direct spending con13 trol sequestration preview reports. In addition, these 

14 reports shall contain, for the budget year, for each 

15 account to be sequestered, estimates of the baseline 

16 level of sequesterable budgetary resources and re17 sulting outlays and the amount of budgetary re18 sources to be sequestered and resulting outlay reduc19 tions. The reports shall also contain estimates of the 

20 effects on outlays of the sequestration in each out21 year for direct spending programs.’’. 

22 (5) Section 258C(a)(1) is amended by inserting 

23 ‘‘, 252A,’’ after ‘‘section 252’’. 

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1 (6) Section 275(b) is amended by striking 

2 ‘‘2002’’ and inserting ‘‘2018’’ and by striking the 

3 second sentence thereof. 

4 SEC. 206. ESTABLISHMENT OF BUDGET PROTECTION MAN5 DATORY ACCOUNT. 

6 Title III of the Congressional Budget Act of 1974 

7 (as amended by section 521) is further amended by adding 

8 at the end the following new section: 

9 ‘‘BUDGET PROTECTION MANDATORY ACCOUNT

10 ‘‘SEC. 320. (a) ESTABLISHMENT OF ACCOUNT.—The 

11 chairman of the Committee on the Budget of the House 

12 of Representatives and of the Senate shall each maintain 

13 an account to be known as the ‘Budget Protection Manda14 tory Account’. The Account shall be divided into entries 

15 corresponding to the House or Senate committees, as ap16 plicable, that received allocations under section 302(a) in 

17 the most recently adopted concurrent resolution on the 

18 budget, except that it shall not include the Committee on 

19 Appropriations of that House and each entry shall consist 

20 of the ‘First Year Budget Protection Balance’ and the 

21 ‘Five Year Budget Protection Balance’. 

22 ‘‘(b) COMPONENTS.—Each entry shall consist only of 

23 amounts credited to it under subsection (c). No entry of 

24 a negative amount shall be made. 

25 ‘‘(c) CREDITING OF AMOUNTS TO ACCOUNT.—(1) 

26 Whenever a Member or Senator, as the case may be, offers 

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1 an amendment to a bill that reduces the amount of man2 datory budget authority provided either under current law 

3 or proposed to be provided by the bill under consideration, 

4 that Member or Senator may state the portion of such 

5 reduction achieved in the first year covered by the most 

6 recently adopted concurrent resolution on the budget and 

7 in addition the portion of such reduction achieved in the 

8 first five years covered by the most recently adopted con9 current resolution on the budget that shall be— 

10 ‘‘(A) credited to the First Year Budget Protec11 tion Balance and the Five Year Budget Protection 

12 Balance in the House or Senate, as applicable; 

13 ‘‘(B) used to offset an increase in other new 

14 budget authority; 

15 ‘‘(C) allowed to remain within the applicable 

16 section 302(a) allocation; or 

17 ‘‘(D) used to offset a decrease in receipts. 

18 If no such statement is made, the amount of reduction 

19 in new budget authority resulting from the amendment 

20 shall be credited to the First Year Budget Protection Bal21 ance and the Five Year Budget Protection Balance, as ap22 plicable, if the amendment is agreed to. 

23 ‘‘(2) Except as provided by paragraph (3), the chair24 man of the Committee on the Budget of the House or Sen25 ate, as applicable, shall, upon the engrossment of any bill, 

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1 other than an appropriation bill, by the House or Senate, 

2 as applicable, credit to the applicable entry balances 

3 amounts of new budget authority and outlays equal to the 

4 net amounts of reductions in budget authority and in out5 lays resulting from amendments agreed to by that House 

6 to that bill. 

7 ‘‘(3) When computing the net amounts of reductions 

8 in budget authority and in outlays resulting from amend9 ments agreed to by the House or Senate, as applicable, 

10 to a bill, the chairman of the Committee on the Budget 

11 of that House shall only count those portions of such 

12 amendments agreed to that were so designated by the 

13 Members or Senators offering such amendments as 

14 amounts to be credited to the First Year Budget Protec15 tion Balance and the Five Year Budget Protection Bal16 ance, or that fall within the last sentence of paragraph 

17 (1). 

18 ‘‘(4) The chairman of the Committee on the Budget 

19 of the House and of the Senate shall each maintain a run20 ning tally of the amendments adopted reflecting increases 

21 and decreases of budget authority in the bill as reported 

22 to its House. This tally shall be available to Members or 

23 Senators during consideration of any bill by that House. 

24 ‘‘(d) CALCULATION OF LOCK-BOX SAVINGS IN

25 HOUSE AND SENATE.—For the purposes of enforcing secmstockstill on PROD1PC66 with BILLS

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1 tion 302(a), upon the engrossment of any bill, other than 

2 an appropriation bill, by the House or Senate, as applica3 ble, the amount of budget authority and outlays calculated 

4 pursuant to subsection (c)(3) shall be counted against the 

5 302(a) allocation provided to the applicable committee or 

6 committees of that House which reported the bill as if the 

7 amount calculated pursuant to subsection (c)(3) was in8 cluded in the bill just engrossed. 

9 ‘‘(e) DEFINITION.—As used in this section, the term 

10 ‘appropriation bill’ means any general or special appro11 priation bill, and any bill or joint resolution making sup12 plemental, deficiency, or continuing appropriations 

13 through the end of fiscal year 2009 or any subsequent fis14 cal year, as the case may be.’’. 

15 Subtitle B—Discretionary 

16 Spending Limits 

17 SEC. 211. ENFORCING DISCRETIONARY SPENDING LIMITS. 

18 (a) DISCRETIONARY SPENDING LIMITS.—Sections 

19 251(b) and (c) of the Balanced Budget and Emergency 

20 Deficit Control of Act of 1985 are amended to read as 

21 follows: 

22 ‘‘(b) DISCRETIONARY SPENDING LIMIT.—As used in 

23 this part, the term ‘discretionary spending limit’ means— 

24 ‘‘(1) with respect to fiscal year 2009— 

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1 ‘‘(A) $926,378,000,000 in new budget au2 thority of which no more than 

3 $344,775,000,000 shall be for the nondefense 

4 category; and 

5 ‘‘(B) $992,720,000,000 in outlays of which 

6 no more than $376,020,000,000 shall be for the 

7 nondefense category; 

8 ‘‘(2) with respect to fiscal year 2010— 

9 ‘‘(A) $946,503,000,000 in new budget au10 thority of which no more than 

11 $404,483,000,000 shall be for the nondefense 

12 category; and 

13 ‘‘(B) $1,006,518,000,000 in outlays of 

14 which no more than $436,940,000,000 shall be 

15 for the nondefense category; 

16 ‘‘(3) with respect to fiscal year 2011— 

17 ‘‘(A) $969,387,000,000 in new budget au18 thority of which no more than 

19 $421,343,000,000 shall be for the nondefense 

20 category; and 

21 ‘‘(B) $1,024,601,000,000 in outlays of 

22 which no more than $469,240,000,000 shall be 

23 for the nondefense category; 

24 ‘‘(4) with respect to fiscal year 2012— 

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1 ‘‘(A) $992,727,000,000 in new budget au2 thority of which no more than 

3 $435,814,000,000 shall be for the nondefense 

4 category; and 

5 ‘‘(B) $1,034,486,000,000 in outlays of 

6 which no more than $485,720,000,000 shall be 

7 for the nondefense category; and 

8 ‘‘(5) with respect to fiscal year 2013— 

9 ‘‘(A) $1,016,876,000,000 in new budget 

10 authority of which no more than 

11 $451,015,000,000 shall be for the nondefense 

12 category; and 

13 ‘‘(B) $1,061,007,000,000 in outlays of 

14 which no more than $501,500,000,000 shall be 

15 for the nondefense category;’’. 

16 (b) DISCRETIONARY SPENDING LIMIT POINT OF

17 ORDER.—Section 312 of the Congressional Budget Act of 

18 1974 (as amended by section 214(a)) is further amended 

19 by adding at the end the following new subsection: 

20 ‘‘(h) DISCRETIONARY SPENDING LIMIT POINT OF

21 ORDER.—It shall not be in order in the House of Rep22 resentatives or the Senate to consider any bill, joint resolu23 tion, amendment, or conference report that— 

24 ‘‘(1) increases the discretionary spending limits 

25 for any ensuing fiscal year after the budget year; or 

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1 ‘‘(2) would cause the discretionary spending 

2 limits for the budget year to be breached.’’. 

3 (c) ADVANCE APPROPRIATION POINT OF ORDER.— 

4 Section 312 of the Congressional Budget Act of 1974 (as 

5 amended by this section) is further amended by adding 

6 at the end the following new subsection: 

7 ‘‘(i) ADVANCE APPROPRIATION POINT OF ORDER.— 

8 It shall not be in order in the House of Representatives 

9 or the Senate to consider any appropriation bill or joint 

10 resolution, or amendment thereto or conference report 

11 thereon, that provides advance discretionary new budget 

12 authority that first becomes available for any fiscal year 

13 after the budget year at an amount for any program, 

14 project, or activity above the amount of appropriations for 

15 fiscal year 2007 for such program, project, or activity.’’. 

16 SEC. 212. ESTABLISHMENT OF BUDGET PROTECTION DIS17 CRETIONARY ACCOUNT. 

18 (a) BUDGET PROTECTION DISCRETIONARY AC19 COUNT.—Title III of the Congressional Budget Act of 

20 1974 (as amended by section 206) is further amended by 

21 adding at the end the following new section: 

22 ‘‘BUDGET PROTECTION DISCRETIONARY ACCOUNT

23 ‘‘SEC. 321. (a) ESTABLISHMENT OF ACCOUNT.—The 

24 chairman of the Committee on the Budget of the House 

25 of Representatives and of the Senate shall each maintain 

26 an account to be known as the ‘Budget Protection Discremstockstill on PROD1PC66 with BILLS

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1 tionary Account’. The Account shall be divided into entries 

2 corresponding to the subcommittees of the Committee on 

3 Appropriations of that House and each entry shall consist 

4 of the ‘Budget Protection Balance’. 

5 ‘‘(b) COMPONENTS.—Each entry shall consist only of 

6 amounts credited to it under subsection (c). No entry of 

7 a negative amount shall be made. 

8 ‘‘(c) CREDITING OF AMOUNTS TO ACCOUNT.—(1) 

9 Whenever a Member or Senator, as the case may be, offers 

10 an amendment to an appropriation bill to reduce new 

11 budget authority in any account, that Member or Senator 

12 may state the portion of such reduction that shall be— 

13 ‘‘(A) credited to the Budget Protection Balance; 

14 ‘‘(B) used to offset an increase in new budget 

15 authority in any other account; or 

16 ‘‘(C) allowed to remain within the applicable 

17 section 302(b) suballocation. 

18 If no such statement is made, the amount of reduction 

19 in new budget authority resulting from the amendment 

20 shall be credited to the Budget Protection Balance, as ap21 plicable, if the amendment is agreed to. 

22 ‘‘(2) Except as provided by paragraph (3), the chair23 man of the Committee on the Budget of the House or Sen24 ate, as applicable, shall, upon the engrossment of any ap25 propriation bill by the House or Senate, as applicable, 

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1 credit to the applicable entry balances amounts of new 

2 budget authority and outlays equal to the net amounts of 

3 reductions in budget authority and in outlays resulting 

4 from amendments agreed to by that House to that bill. 

5 ‘‘(3) When computing the net amounts of reductions 

6 in new budget authority and in outlays resulting from 

7 amendments agreed to by the House or Senate, as applica8 ble, to an appropriation bill, the chairman of the Com9 mittee on the Budget of that House shall only count those 

10 portions of such amendments agreed to that were so des11 ignated by the Members offering such amendments as 

12 amounts to be credited to the Budget Protection Balance, 

13 or that fall within the last sentence of paragraph (1). 

14 ‘‘(4) The chairman of the Committee on the Budget 

15 of the House and of the Senate shall each maintain a run16 ning tally of the amendments adopted reflecting increases 

17 and decreases of budget authority in the bill as reported 

18 to its House. This tally shall be available to Members or 

19 Senators during consideration of any bill by that House. 

20 ‘‘(d) CALCULATION OF LOCK-BOX SAVINGS IN

21 HOUSE AND SENATE.—(1) For the purposes of enforcing 

22 section 302(a), upon the engrossment of any appropriation 

23 bill by the House or Senate, as applicable, the amount of 

24 budget authority and outlays calculated pursuant to sub25 section (c)(3) shall be counted against the 302(a) allocamstockstill on PROD1PC66 with BILLS

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1 tion provided to the Committee on Appropriations as if 

2 the amount calculated pursuant to subsection (c)(3) was 

3 included in the bill just engrossed. 

4 ‘‘(2) For purposes of enforcing section 302(b), upon 

5 the engrossment of any appropriation bill by the House 

6 or Senate, as applicable, the 302(b) allocation provided to 

7 the subcommittee for the bill just engrossed shall be 

8 deemed to have been reduced by the amount of budget 

9 authority and outlays calculated, pursuant to subsection 

10 (c)(3). 

11 ‘‘(e) DEFINITION.—As used in this section, the term 

12 ‘appropriation bill’ means any general or special appro13 priation bill, and any bill or joint resolution making sup14 plemental, deficiency, or continuing appropriations 

15 through the end of fiscal year 2010 or any subsequent fis16 cal year, as the case may be.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents set forth in section 1(b) of the Congressional Budget 

19 and Impoundment Control Act of 1974 is amended by in20 serting after the item relating to section 319 the following 

21 new items: 

‘‘Sec. 320. Budget protection mandatory account. 

‘‘Sec. 321. Budget protection discretionary account.’’. 

22 SEC. 213. REVENUE ADJUSTMENT. 

23 If an amendment is designated to be used to offset 

24 a decrease in receipts for a fiscal year pursuant to section 

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1 320(c)(1)(D) or section 321(c)(1)(D) of the Congressional 

2 Budget Act of 1974, then the applicable level of revenues 

3 for such fiscal year for purposes of section 311(a) of such 

4 Act shall be reduced by the amount of such amendment. 

5 Subtitle C—Long-Term Unfunded 

6 Obligations 

7 SEC. 221. LONG-TERM UNFUNDED OBLIGATIONS. 

8 (a) IN GENERAL.—Title IV of the Congressional 

9 Budget Act of 1974 is amended by adding at the end the 

10 following: 

11 ‘‘PART C—LONG-TERM UNFUNDED OBLIGATIONS 

12 ‘‘SEC. 441. ANALYSIS OF LONG-TERM UNFUNDED OBLIGA13 TIONS. 

14 ‘‘Beginning in fiscal year 2009, the President’s budg15 et submission shall include an analysis of long-term un16 funded obligations. This analysis shall include: 

17 ‘‘(1) An analysis of the impact of long-term un18 funded obligations in applicable entitlement pro19 grams on the long-term level of unified budget out20 lays and the unified budget surplus or deficit, in re21 lation to the projected level of the Gross Domestic 

22 Product. 

23 ‘‘(2) A report on the impact of legislation en24 acted during the previous session of Congress that 

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1 increases the long-term unfunded obligation in any 

2 applicable group of entitlement program. 

3 ‘‘(3) An analysis of the impact of legislation 

4 proposed in the President’s budget on the long-term 

5 unfunded obligation in any applicable entitlement 

6 program. 

7 ‘‘SEC. 442. POINT OF ORDER AGAINST LEGISLATION IN8 CREASING LONG-TERM UNFUNDED OBLIGA9 TIONS. 

10 ‘‘It shall not be in order in the House of Representa11 tives or in the Senate to consider any bill, joint resolution, 

12 motion, amendment, or conference report that would in13 crease the long-term unfunded obligation in any applicable 

14 group of entitlement programs. 

15 ‘‘SEC. 443. STANDARD FOR DETERMINING INCREASE IN 

16 LONG-TERM UNFUNDED OBLIGATION. 

17 ‘‘For the purpose of this part, legislation shall be con18 sidered to increase the long-term unfunded obligation of 

19 an applicable group of entitlement programs if it either— 

20 ‘‘(1) increases the excess of the discounted 

21 present value of the expenditures of programs in the 

22 group above the discounted present value of the 

23 dedicated receipts of programs in the group over a 

24 long-term estimating period by more than an appli25 cable threshold; or 

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1 ‘‘(2) increases the dollar level of the expendi2 tures of programs in the group above the dedicated 

3 receipts of programs in the group above the dedi4 cated receipts of programs in the group in the last 

5 year of the estimating period by more than the ap6 plicable threshold. 

7 ‘‘SEC. 444. LONG-TERM UNFUNDED OBLIGATION ANALYSES 

8 BY CONGRESSIONAL BUDGET OFFICE. 

9 ‘‘The Director of the Congressional Budget Office 

10 shall, to the extent practicable, prepare for each bill or 

11 resolution of a public character reported by any committee 

12 of the House of Representatives or the Senate (except the 

13 Committee on Appropriations of each House), and submit 

14 to such committee— 

15 ‘‘(1) an estimate of any increase of the long16 term unfunded obligation of any applicable entitle17 ment program which would be incurred in carrying 

18 out such bill or resolution as measured by the in19 crease of the excess of the discounted present value 

20 of the expenditures of such program above the dis21 counted present value of the dedicated receipts of 

22 such program over a long-term estimating period by 

23 more than an applicable threshold; and 

24 ‘‘(2) an estimate of any increase in the dollar 

25 level of the expenditures of such program above the 

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1 dedicated receipts of such program above the dedi2 cated receipts of such program in the last year of 

3 the estimating period by more than the applicable 

4 threshold. 

5 The estimates and description so submitted shall be in6 cluded in the report accompanying such bill or resolution 

7 if timely submitted to such committee before such report 

8 is filed. 

9 ‘‘SEC. 445. DEFINITIONS. 

10 ‘‘As used in this part— 

11 ‘‘(1) the term ‘applicable entitlement program’ 

12 shall be defined as any one of the following pro13 grams: 

14 ‘‘(A) Old Age, Survivors, and Disability In15 surance. 

16 ‘‘(B) Medicare. 

17 ‘‘(C) Civilian retirement and disability 

18 (combined Civil Service Retirement System and 

19 Federal Employees Retirement System). 

20 ‘‘(D) Foreign Service Retirement and Dis21 ability (combined Foreign Service Retirement 

22 and Disability System and Foreign Service Pen23 sion System). 

24 ‘‘(E) Retired Employees Health Benefits. 

25 ‘‘(F) Military Retirement System. 

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1 ‘‘(G) Uniformed Services Retiree Health 

2 Care System. 

3 ‘‘(H) Railroad Retirement System (com4 bined Rail Industry Pension Fund, Social Secu5 rity Equivalent Benefit Account, and National 

6 Railroad Retirement Investment Trust). 

7 ‘‘(I) Supplemental Security Income (SSI). 

8 ‘‘(J) For estimates made on or after Janu9 ary 1, 2008, veterans disability compensation. 

10 ‘‘(K) Any other entitlement program with 

11 regularly available long-term estimates. 

12 ‘‘(2) The term ‘entitlement program with regu13 larly available long-term estimates’ means a program 

14 for which the Director of the Congressional Budget 

15 Office, in consultation with the Committees on the 

16 Budget of the House of Representatives and the 

17 Senate and the Director of the Office of Manage18 ment and Budget, has determined that it is feasible 

19 to make long-term estimates of expenditures and 

20 dedicated receipts based on explicit demographic, 

21 economic, and other estimating assumptions. The 

22 Director shall notify the House and Senate Commit23 tees on the Budget in writing, whenever he or she 

24 makes such a determination. 

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1 ‘‘(3) The term ‘applicable group of entitlement 

2 programs’ shall be defined as any of the following: 

3 ‘‘(A) Old Age, Survivors, and Disability In4 surance. 

5 ‘‘(B) All applicable entitlement programs 

6 except Old Age, Survivors, and Disability Insur7 ance. 

8 ‘‘(4) The term ‘long-term estimating period’ 

9 shall be defined as 75 years, starting with the cur10 rent year, for all applicable entitlement programs ex11 cept for Old Age, Survivors, and Disability Insur12 ance. For Old Age, Survivors, and Disability Insur13 ance, the term shall be defined as the infinite period 

14 of years utilized in the most recent annual report of 

15 the Board of Trustees provided pursuant to section 

16 201(c)(2) of the Social Security Act. 

17 ‘‘(5) The term ‘last year of the estimating pe18 riod’ shall be defined as the 75th year of the long19 term estimating period. 

20 ‘‘(6) The term ‘dedicated receipts’ shall be de21 fined, for all applicable entitlement programs other 

22 than Medicare, as taxes and fees received from the 

23 public, payments received from Federal agencies on 

24 behalf of Federal agency employees who are partici25 pants in the program, transfers received by the promstockstill on PROD1PC66 with BILLS

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1 gram under section 7(c)(2) of the Railroad Retire2 ment Act of 1974 (45 U.S.C. 231f(c)(2)), and trans3 fers from the general fund of amounts equivalent to 

4 income tax receipts under section 86 of the Internal 

5 Revenue Code. Dedicated receipts shall not include 

6 payments from the general fund to amortize a pro7 gram’s unfunded liability or payments of interest on 

8 a program’s trust fund holdings. For Medicare, 

9 ‘dedicated receipts’ shall be defined according to sec10 tion 801(c)(3) of the Medicare Prescription Drug, 

11 Improvement, and Modernization Act of 2003. 

12 ‘‘(7) The term ‘expenditures’ shall be defined, 

13 for all applicable entitlement programs other than 

14 Medicare, to include benefit payments, administra15 tive expenses to the extent paid from a dedicated 

16 fund, and transfers to other programs made under 

17 section 7(c)(2) of the Railroad Retirement Act of 

18 1974 (45 U.S.C. 231f(c)(2)). For Medicare, ‘expend19 itures’ shall be defined according to section 

20 801(c)(4) of the Medicare prescription Drug, Im21 provement, and Modernization Act of 2003. 

22 ‘‘(8) The term ‘applicable threshold’ shall be 

23 defined as: 

24 ‘‘(A) For a group of applicable entitlement 

25 programs over a long-term estimating period— 

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1 ‘‘(i) 0.02 percent of the present value 

2 of the taxable payroll of the group of pro3 grams over the estimating period, for legis4 lation affecting Old Age, Survivors, and 

5 Disability Insurance or Medicare; and 

6 ‘‘(ii) 1 percent of the present value of 

7 the expenditures over the estimating period 

8 of the programs in the group that are af9 fected by the legislation. 

10 ‘‘(B) For a group of applicable entitlement 

11 programs in the last year of the estimating pe12 riod— 

13 ‘‘(i) 0.02 percent of the taxable pay14 roll of the group of programs in that year, 

15 for legislation affecting Old Age, Survivors, 

16 and Disability Insurance or Medicare; 

17 ‘‘(ii) 0.01 percent of Gross Domestic 

18 Product in that year; or 

19 ‘‘(iii) 1 percent of the expenditures in 

20 that year of the programs in the group 

21 that are affected by the legislation.’’. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents set forth in section 1(b) of the Congressional Budget 

24 and Impoundment Control Act of 1974 is amended by 

25 adding after the item relating to section 428 the following: 

‘‘PART C—LONG-TERM UNFUNDED OBLIGATIONS

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‘‘Sec. 441. Analysis of long-term unfunded obligations. 

‘‘Sec. 442. Point of order against legislation increasing long-term unfunded obligations. 

‘‘Sec. 443. Standard for determining increase in long-term unfunded obligation. 

‘‘Sec. 444. Long-term unfunded obligation analyses by congressional budget office. 

‘‘Sec. 445. Definitions.’’. 

1 SEC. 222. POINTS OF ORDER. 

2 Section 904 of the Congressional Budget Act of 1974 

3 is amended as follows: 

4 (1) Subsection (c)(1) is amended by adding 

5 ‘‘442,’’ after ‘‘310(d)(2), 313,’’. 

6 (2) Subsection (d)(2) is amended by adding 

7 ‘‘442,’’ after ‘‘310(d)(2), 313,’’. 

8 SEC. 223. SOCIAL SECURITY. 

9 Section 13302(a) of subtitle C of the Budget En10 forcement Act of 1990 is amended to read as follows: 

11 ‘‘(a) IN GENERAL.—It shall be not be in order in the 

12 House of Representatives to consider any bill, or joint res13 olution, as reported, or any amendment thereto or con14 ference report thereon, if, upon enactment, such legisla15 tion under consideration would increase the long-term un16 funded obligation of the OASDI program, as defined in 

17 section 443 of the Congressional Budget Act of 1974.’’. 

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1 TITLE III—COMBATING WASTE, 

2 FRAUD, AND ABUSE 

3 Subtitle A—Sunsetting 

4 SEC. 301. REAUTHORIZATION OF DISCRETIONARY PRO5 GRAMS AND UNEARNED ENTITLEMENTS. 

6 (a) FISCAL YEAR 2011.—Effective October 1, 2010, 

7 spending authority for each unearned entitlement and 

8 high-cost discretionary spending program is frozen at then 

9 current levels unless such spending authority is reauthor10 ized after the date of enactment of this Act. 

11 (b) FISCAL YEAR 2012.—Effective October 1, 2011, 

12 spending authority for each discretionary spending pro13 gram (not including high-cost discretionary spending pro14 grams) is frozen at then current levels unless such spend15 ing authority is reauthorized after the date of enactment 

16 of this Act. 

17 (c) DEFINITIONS.—For purposes of this title— 

18 (1) the term ‘‘unearned entitlement’’ means an 

19 entitlement not earned by service or paid for in total 

20 or in part by assessments or contributions such as 

21 Social Security, veterans’ benefits, retirement pro22 grams, and medicare; and 

23 (2) the term ‘‘high-cost discretionary program’’ 

24 means the most expensive one-third of discretionary 

25 program within each budget function account. 

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1 SEC. 302. POINT OF ORDER. 

2 (a) IN GENERAL.—It shall not be in order in the 

3 House of Representatives or the Senate to consider any 

4 bill, joint resolution, amendment, or conference report that 

5 includes any provision that appropriates funds above cur6 rent levels unless such appropriation has been previously 

7 authorized by law. 

8 (b) WAIVER OR SUSPENSION.—This section may be 

9 waived or suspended in the House of Representatives or 

10 the Senate only by the affirmative vote of two-thirds of 

11 the Members, duly chosen and sworn. 

12 SEC. 303. DECENNIAL SUNSETTING. 

13 (a) FIRST DECENNIAL CENSUS YEAR.—Effective on 

14 the first day of the fiscal year beginning in the first decen15 nial census year after the year 2010 and each 10 years 

16 thereafter, the spending authority described in section 

17 301(a) is terminated unless such spending authority is re18 authorized after the last date the spending authority was 

19 required to be reauthorized under this title. 

20 (b) FIRST DECENNIAL CENSUS YEAR.—Effective on 

21 the first day of the fiscal year beginning in the year after 

22 the first decennial census year after the year 2010 and 

23 each 10 years thereafter, the spending authority described 

24 in section 301(b) is terminated unless such spending au25 thority is reauthorized after the last date the spending au26 thority was required to be reauthorized under this title. 

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1 Subtitle B—Legislative Line-Item 

2 Veto 

3 SEC. 311. LEGISLATIVE LINE-ITEM VETO. 

4 (a) IN GENERAL.—Title X of the Congressional 

5 Budget and Impoundment Control Act of 1974 (2 U.S.C. 

6 621 et seq.) is amended by striking all of part B (except 

7 for sections 1016 and 1013, which are redesignated as sec8 tions 1019 and 1020, respectively) and part C and insert9 ing the following: 

10 ‘‘PART B—LEGISLATIVE LINE-ITEM VETO

11 ‘‘LINE-ITEM VETO AUTHORITY

12 ‘‘SEC. 1011. (a) PROPOSED CANCELLATIONS.—With13 in 45 calendar days after the enactment of any bill or joint 

14 resolution providing any discretionary budget authority, 

15 item of direct spending, limited tariff benefit, or targeted 

16 tax benefit, the President may propose, in the manner pro17 vided in subsection (b), the cancellation of any dollar 

18 amount of such discretionary budget authority, item of di19 rect spending, or targeted tax benefit. If the 45 calendar20 day period expires during a period where either House of 

21 Congress stands adjourned sine die at the end of a Con22 gress or for a period greater than 45 calendar days, the 

23 President may propose a cancellation under this section 

24 and transmit a special message under subsection (b) on 

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1 the first calendar day of session following such a period 

2 of adjournment. 

3 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— 

4 ‘‘(1) SPECIAL MESSAGE.— 

5 ‘‘(A) IN GENERAL.—The President may 

6 transmit to the Congress a special message pro7 posing to cancel any dollar amounts of discre8 tionary budget authority, items of direct spend9 ing, limited tariff benefits, or targeted tax bene10 fits. 

11 ‘‘(B) CONTENTS OF SPECIAL MESSAGE.— 

12 Each special message shall specify, with respect 

13 to the discretionary budget authority, items of 

14 direct spending proposed, limited tariff benefits, 

15 or targeted tax benefits to be canceled— 

16 ‘‘(i) the dollar amount of discretionary 

17 budget authority, the specific item of direct 

18 spending (that OMB, after consultation 

19 with CBO, estimates to increase budget 

20 authority or outlays as required by section 

21 1017(9)), the limited tariff benefit, or the 

22 targeted tax benefit that the President pro23 poses be canceled; 

24 ‘‘(ii) any account, department, or es25 tablishment of the Government to which 

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1 such discretionary budget authority is 

2 available for obligation, and the specific 

3 project or governmental functions involved; 

4 ‘‘(iii) the reasons why such discre5 tionary budget authority, item of direct 

6 spending, limited tariff benefit, or targeted 

7 tax benefit should be canceled; 

8 ‘‘(iv) to the maximum extent prac9 ticable, the estimated fiscal, economic, and 

10 budgetary effect (including the effect on 

11 outlays and receipts in each fiscal year) of 

12 the proposed cancellation; 

13 ‘‘(v) to the maximum extent prac14 ticable, all facts, circumstances, and con15 siderations relating to or bearing upon the 

16 proposed cancellation and the decision to 

17 propose the cancellation, and the estimated 

18 effect of the proposed cancellation upon 

19 the objects, purposes, or programs for 

20 which the discretionary budget authority, 

21 item of direct spending, limited tariff ben22 efit, or the targeted tax benefit is provided; 

23 ‘‘(vi) a numbered list of cancellations 

24 to be included in an approval bill that, if 

25 enacted, would cancel discretionary budget 

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1 authority, items of direct spending, limited 

2 tariff benefit, or targeted tax benefits pro3 posed in that special message; and 

4 ‘‘(vii) if the special message is trans5 mitted subsequent to or at the same time 

6 as another special message, a detailed ex7 planation why the proposed cancellations 

8 are not substantially similar to any other 

9 proposed cancellation in such other mes10 sage. 

11 ‘‘(C) DUPLICATIVE PROPOSALS PROHIB12 ITED.—The President may not propose to can13 cel the same or substantially similar discre14 tionary budget authority, item of direct spend15 ing, limited tariff benefit, or targeted tax ben16 efit more than one time under this Act. 

17 ‘‘(D) MAXIMUM NUMBER OF SPECIAL MES18 SAGES.—The President may not transmit to the 

19 Congress more than 5 special messages under 

20 this subsection related to any bill or joint reso21 lution described in subsection (a), but may 

22 transmit not more than 10 special messages for 

23 any omnibus budget reconciliation or appropria24 tion measure. 

25 ‘‘(2) ENACTMENT OF APPROVAL BILL.— 

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1 ‘‘(A) DEFICIT REDUCTION.—Amounts of 

2 budget authority, items of direct spending, lim3 ited tariff benefit, or targeted tax benefits 

4 which are canceled pursuant to enactment of a 

5 bill as provided under this section shall be dedi6 cated only to reducing the deficit or increasing 

7 the surplus. 

8 ‘‘(B) ADJUSTMENT OF LEVELS IN THE

9 CONCURRENT RESOLUTION ON THE BUDGET.— 

10 Not later than 5 days after the date of enact11 ment of an approval bill as provided under this 

12 section, the chairs of the Committees on the 

13 Budget of the Senate and the House of Rep14 resentatives shall revise allocations and aggre15 gates and other appropriate levels under the ap16 propriate concurrent resolution on the budget to 

17 reflect the cancellation, and the applicable com18 mittees shall report revised suballocations pur19 suant to section 302(b), as appropriate. 

20 ‘‘(C) ADJUSTMENTS TO STATUTORY LIM21 ITS.—After enactment of an approval bill as 

22 provided under this section, the Office of Man23 agement and Budget shall revise applicable lim24 its under the Balanced Budget and Emergency 

25 Deficit Control Act of 1985, as appropriate. 

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1 ‘‘(D) TRUST FUNDS AND SPECIAL

2 FUNDS.—Notwithstanding subparagraph (A), 

3 nothing in this part shall be construed to re4 quire or allow the deposit of amounts derived 

5 from a trust fund or special fund which are 

6 canceled pursuant to enactment of a bill as pro7 vided under this section to any other fund. 

8 ‘‘PROCEDURES FOR EXPEDITED CONSIDERATION

9 ‘‘SEC. 1012. (a) EXPEDITED CONSIDERATION.— 

10 ‘‘(1) IN GENERAL.—The majority leader or mi11 nority leader of each House or his designee shall (by 

12 request) introduce an approval bill as defined in sec13 tion 1017 not later than the third day of session of 

14 that House after the date of receipt of a special mes15 sage transmitted to the Congress under section 

16 1011(b). If the bill is not introduced as provided in 

17 the preceding sentence in either House, then, on the 

18 fourth day of session of that House after the date 

19 of receipt of the special message, any Member of 

20 that House may introduce the bill. 

21 ‘‘(2) CONSIDERATION IN THE HOUSE OF REP22 RESENTATIVES.— 

23 ‘‘(A) REFERRAL AND REPORTING.—Any 

24 committee of the House of Representatives to 

25 which an approval bill is referred shall report it 

26 to the House without amendment not later than 

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1 the seventh legislative day after the date of its 

2 introduction. If a committee fails to report the 

3 bill within that period or the House has adopt4 ed a concurrent resolution providing for ad5 journment sine die at the end of a Congress, 

6 such committee shall be automatically dis7 charged from further consideration of the bill 

8 and it shall be placed on the appropriate cal9 endar. 

10 ‘‘(B) PROCEEDING TO CONSIDERATION.— 

11 After an approval bill is reported by or dis12 charged from committee or the House has 

13 adopted a concurrent resolution providing for 

14 adjournment sine die at the end of a Congress, 

15 it shall be in order to move to proceed to con16 sider the approval bill in the House. Such a mo17 tion shall be in order only at a time designated 

18 by the Speaker in the legislative schedule within 

19 two legislative days after the day on which the 

20 proponent announces his intention to offer the 

21 motion. Such a motion shall not be in order 

22 after the House has disposed of a motion to 

23 proceed with respect to that special message. 

24 The previous question shall be considered as or25 dered on the motion to its adoption without inmstockstill on PROD1PC66 with BILLS

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1 tervening motion. A motion to reconsider the 

2 vote by which the motion is disposed of shall 

3 not be in order. 

4 ‘‘(C) CONSIDERATION.—The approval bill 

5 shall be considered as read. All points of order 

6 against an approval bill and against its consid7 eration are waived. The previous question shall 

8 be considered as ordered on an approval bill to 

9 its passage without intervening motion except 

10 five hours of debate equally divided and con11 trolled by the proponent and an opponent and 

12 one motion to limit debate on the bill. A motion 

13 to reconsider the vote on passage of the bill 

14 shall not be in order. 

15 ‘‘(D) SENATE BILL.—An approval bill re16 ceived from the Senate shall not be referred to 

17 committee. 

18 ‘‘(3) CONSIDERATION IN THE SENATE.— 

19 ‘‘(A) MOTION TO PROCEED TO CONSIDER20 ATION.—A motion to proceed to the consider21 ation of a bill under this subsection in the Sen22 ate shall not be debatable. It shall not be in 

23 order to move to reconsider the vote by which 

24 the motion to proceed is agreed to or disagreed 

25 to. 

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1 ‘‘(B) LIMITS ON DEBATE.—Debate in the 

2 Senate on a bill under this subsection, and all 

3 debatable motions and appeals in connection 

4 therewith (including debate pursuant to sub5 paragraph (D)), shall not exceed 10 hours, 

6 equally divided and controlled in the usual 

7 form. 

8 ‘‘(C) APPEALS.—Debate in the Senate on 

9 any debatable motion or appeal in connection 

10 with a bill under this subsection shall be limited 

11 to not more than 1 hour, to be equally divided 

12 and controlled in the usual form. 

13 ‘‘(D) MOTION TO LIMIT DEBATE.—A mo14 tion in the Senate to further limit debate on a 

15 bill under this subsection is not debatable. 

16 ‘‘(E) MOTION TO RECOMMIT.—A motion to 

17 recommit a bill under this subsection is not in 

18 order. 

19 ‘‘(F) CONSIDERATION OF THE HOUSE

20 BILL.— 

21 ‘‘(i) IN GENERAL.—If the Senate has 

22 received the House companion bill to the 

23 bill introduced in the Senate prior to the 

24 vote required under paragraph (1)(C), then 

25 the Senate may consider, and the vote 

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1 under paragraph (1)(C) may occur on, the 

2 House companion bill. 

3 ‘‘(ii) PROCEDURE AFTER VOTE ON

4 SENATE BILL.—If the Senate votes, pursu5 ant to paragraph (1)(C), on the bill intro6 duced in the Senate, then immediately fol7 lowing that vote, or upon receipt of the 

8 House companion bill, the House bill shall 

9 be deemed to be considered, read the third 

10 time, and the vote on passage of the Sen11 ate bill shall be considered to be the vote 

12 on the bill received from the House. 

13 ‘‘(b) AMENDMENTS PROHIBITED.—No amendment 

14 to, or motion to strike a provision from, a bill considered 

15 under this section shall be in order in either the Senate 

16 or the House of Representatives. 

17 ‘‘PRESIDENTIAL DEFERRAL AUTHORITY

18 ‘‘SEC. 1013. (a) TEMPORARY PRESIDENTIAL AU19 THORITY TO WITHHOLD DISCRETIONARY BUDGET AU20 THORITY.— 

21 ‘‘(1) IN GENERAL.—At the same time as the 

22 President transmits to the Congress a special mes23 sage pursuant to section 1011(b), the President may 

24 direct that any dollar amount of discretionary budg25 et authority to be canceled in that special message 

26 shall not be made available for obligation for a pemstockstill on PROD1PC66 with BILLS

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1 riod not to exceed 45 calendar days from the date 

2 the President transmits the special message to the 

3 Congress. 

4 ‘‘(2) EARLY AVAILABILITY.—The President 

5 shall make any dollar amount of discretionary budg6 et authority deferred pursuant to paragraph (1) 

7 available at a time earlier than the time specified by 

8 the President if the President determines that con9 tinuation of the deferral would not further the pur10 poses of this Act. 

11 ‘‘(b) TEMPORARY PRESIDENTIAL AUTHORITY TO

12 SUSPEND DIRECT SPENDING.— 

13 ‘‘(1) IN GENERAL.—At the same time as the 

14 President transmits to the Congress a special mes15 sage pursuant to section 1011(b), the President may 

16 suspend the implementation of any item of direct 

17 spending proposed to be canceled in that special 

18 message for a period not to exceed 45 calendar days 

19 from the date the President transmits the special 

20 message to the Congress. 

21 ‘‘(2) EARLY AVAILABILITY.—The President 

22 shall terminate the suspension of any item of direct 

23 spending at a time earlier than the time specified by 

24 the President if the President determines that conmstockstill on PROD1PC66 with BILLS

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1 tinuation of the suspension would not further the 

2 purposes of this Act. 

3 ‘‘(c) TEMPORARY PRESIDENTIAL AUTHORITY TO

4 SUSPEND A LIMITED TARIFF BENEFIT.— 

5 ‘‘(1) IN GENERAL.—At the same time as the 

6 President transmits to the Congress a special mes7 sage pursuant to section 1011(b), the President may 

8 suspend the implementation of any limited tariff 

9 benefit proposed to be canceled in that special mes10 sage for a period not to exceed 45 calendar days 

11 from the date the President transmits the special 

12 message to the Congress. 

13 ‘‘(2) EARLY AVAILABILITY.—The President 

14 shall terminate the suspension of any limited tariff 

15 benefit at a time earlier than the time specified by 

16 the President if the President determines that con17 tinuation of the suspension would not further the 

18 purposes of this Act. 

19 ‘‘(d) TEMPORARY PRESIDENTIAL AUTHORITY TO

20 SUSPEND A TARGETED TAX BENEFIT.— 

21 ‘‘(1) IN GENERAL.—At the same time as the 

22 President transmits to the Congress a special mes23 sage pursuant to section 1011(b), the President may 

24 suspend the implementation of any targeted tax ben25 efit proposed to be repealed in that special message 

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1 for a period not to exceed 45 calendar days from the 

2 date the President transmits the special message to 

3 the Congress. 

4 ‘‘(2) EARLY AVAILABILITY.—The President 

5 shall terminate the suspension of any targeted tax 

6 benefit at a time earlier than the time specified by 

7 the President if the President determines that con8 tinuation of the suspension would not further the 

9 purposes of this Act. 

10 ‘‘(e) EXTENSION OF 45-DAY PERIOD.—The Presi11 dent may transmit to the Congress not more than one sup12 plemental special message to extend the period to suspend 

13 the implementation of any discretionary budget authority, 

14 item of direct spending, limited tariff benefit, or targeted 

15 tax benefit, as applicable, by an additional 45 calendar 

16 days. Any such supplemental message may not be trans17 mitted to the Congress before the 40th day of the 45-day 

18 period set forth in the preceding message or later than 

19 the last day of such period. 

20 ‘‘IDENTIFICATION OF TARGETED TAX BENEFITS

21 ‘‘SEC. 1014. (a) STATEMENT.—The chairman of the 

22 Committee on Ways and Means of the House of Rep23 resentatives and the chairman of the Committee on Fi24 nance of the Senate acting jointly (hereafter in this sub25 section referred to as the ‘chairmen’) shall review any rev26 enue or reconciliation bill or joint resolution which inmstockstill on PROD1PC66 with BILLS

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1 cludes any amendment to the Internal Revenue Code of 

2 1986 that is being prepared for filing by a committee of 

3 conference of the two Houses, and shall identify whether 

4 such bill or joint resolution contains any targeted tax ben5 efits. The chairmen shall provide to the committee of con6 ference a statement identifying any such targeted tax ben7 efits or declaring that the bill or joint resolution does not 

8 contain any targeted tax benefits. Any such statement 

9 shall be made available to any Member of Congress by 

10 the chairmen immediately upon request. 

11 ‘‘(b) STATEMENT INCLUDED IN LEGISLATION.— 

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 rule of the House of Representatives or any rule or 

14 precedent of the Senate, any revenue or reconcili15 ation bill or joint resolution which includes any 

16 amendment to the Internal Revenue Code of 1986 

17 reported by a committee of conference of the two 

18 Houses may include, as a separate section of such 

19 bill or joint resolution, the information contained in 

20 the statement of the chairmen, but only in the man21 ner set forth in paragraph (2). 

22 ‘‘(2) APPLICABILITY.—The separate section 

23 permitted under subparagraph (A) shall read as fol24 lows: ‘Section 1021 of the Congressional Budget and 

25 Impoundment Control Act of 1974 shall 

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1 llllll apply to llllllll.’, with 

2 the blank spaces being filled in with— 

3 ‘‘(A) in any case in which the chairmen 

4 identify targeted tax benefits in the statement 

5 required under subsection (a), the word ‘only’ 

6 in the first blank space and a list of all of the 

7 specific provisions of the bill or joint resolution 

8 in the second blank space; or 

9 ‘‘(B) in any case in which the chairmen de10 clare that there are no targeted tax benefits in 

11 the statement required under subsection (a), 

12 the word ‘not’ in the first blank space and the 

13 phrase ‘any provision of this Act’ in the second 

14 blank space. 

15 ‘‘(c) IDENTIFICATION IN REVENUE ESTIMATE.— 

16 With respect to any revenue or reconciliation bill or joint 

17 resolution with respect to which the chairmen provide a 

18 statement under subsection (a), the Joint Committee on 

19 Taxation shall— 

20 ‘‘(1) in the case of a statement described in 

21 subsection (b)(2)(A), list the targeted tax benefits in 

22 any revenue estimate prepared by the Joint Com23 mittee on Taxation for any conference report which 

24 accompanies such bill or joint resolution, or 

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1 ‘‘(2) in the case of a statement described in 13 

2 subsection (b)(2)(B), indicate in such revenue esti3 mate that no provision in such bill or joint resolution 

4 has been identified as a targeted tax benefit. 

5 ‘‘(d) PRESIDENT’S AUTHORITY.—If any revenue or 

6 reconciliation bill or joint resolution is signed into law— 

7 ‘‘(1) with a separate section described in sub8 section (b)(2), then the President may use the au9 thority granted in this section only with respect to 

10 any targeted tax benefit in that law, if any, identi11 fied in such separate section; or 

12 ‘‘(2) without a separate section described in 

13 subsection (b)(2), then the President may use the 

14 authority granted in this section with respect to any 

15 targeted tax benefit in that law. 

16 ‘‘TREATMENT OF CANCELLATIONS

17 ‘‘SEC. 1015. The cancellation of any dollar amount 

18 of discretionary budget authority, item of direct spending, 

19 limited tariff benefit, or targeted tax benefit shall take ef20 fect only upon enactment of the applicable approval bill. 

21 If an approval bill is not enacted into law before the end 

22 of the applicable period under section 1013, then all pro23 posed cancellations contained in that bill shall be null and 

24 void and any such dollar amount of discretionary budget 

25 authority, item of direct spending, limited tariff benefit, 

26 or targeted tax benefit shall be effective as of the original 

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1 date provided in the law to which the proposed cancella2 tions applied. 

3 ‘‘REPORTS BY COMPTROLLER GENERAL

4 ‘‘SEC. 1016. With respect to each special message 

5 under this part, the Comptroller General shall issue to the 

6 Congress a report determining whether any discretionary 

7 budget authority is not made available for obligation or 

8 item of direct spending, limited tariff benefit, or targeted 

9 tax benefit continues to be suspended after the deferral 

10 authority set forth in section 1013 of the President has 

11 expired. 

12 ‘‘DEFINITIONS

13 ‘‘SEC. 1017. As used in this part: 

14 ‘‘(1) APPROPRIATION LAW.—The term ‘appro15 priation law’ means an Act referred to in section 

16 105 of title 1, United States Code, including any 

17 general or special appropriation Act, or any Act 

18 making supplemental, deficiency, or continuing ap19 propriations, that has been signed into law pursuant 

20 to Article I, section 7, of the Constitution of the 

21 United States. 

22 ‘‘(2) APPROVAL BILL.—The term ‘approval bill’ 

23 means a bill or joint resolution which only approves 

24 proposed cancellations of dollar amounts of discre25 tionary budget authority, items of new direct spend26 ing, limited tariff benefits, or targeted tax benefits 

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1 in a special message transmitted by the President 

2 under this part and— 

3 ‘‘(A) the title of which is as follows: ‘A bill 

4 approving the proposed cancellations trans5 mitted by the President on lll’, the blank 

6 space being filled in with the date of trans7 mission of the relevant special message and the 

8 public law number to which the message re9 lates; 

10 ‘‘(B) which does not have a preamble; and 

11 ‘‘(C) which provides only the following 

12 after the enacting clause: ‘That the Congress 

13 approves of proposed cancellations lll’, the 

14 blank space being filled in with a list of the 

15 cancellations contained in the President’s spe16 cial message, ‘as transmitted by the President 

17 in a special message on llll’, the blank 

18 space being filled in with the appropriate date, 

19 ‘regarding llll.’, the blank space being 

20 filled in with the public law number to which 

21 the special message relates; 

22 ‘‘(D) which only includes proposed can23 cellations that are estimated by CBO to meet 

24 the definition of discretionary budgetary au25 thority or items of direct spending, or limited 

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1 tariff benefits, or that are identified as targeted 

2 tax benefits pursuant to section 1014; 

3 ‘‘(E) if any proposed cancellation other 

4 than discretionary budget authority or targeted 

5 tax benefits is estimated by CBO to not meet 

6 the definition of item of direct spending, then 

7 the approval bill shall include at the end: ‘The 

8 President shall cease the suspension of the im9 plementation of the following under section 

10 1013 of the Impoundment Control Act of 1974: 

11 lllll’, the blank space being filled in 

12 with the list of such proposed cancellations; and 

13 ‘‘(F) if no CBO estimate is available, then 

14 the entire list of legislative provisions proposed 

15 by the President is inserted in the second blank 

16 space in subparagraph (C). 

17 ‘‘(3) CALENDAR DAY.—The term ‘calendar day’ 

18 means a standard 24-hour period beginning at mid19 night. 

20 ‘‘(4) CANCEL OR CANCELLATION.—The terms 

21 ‘cancel’ or ‘cancellation’ means to prevent— 

22 ‘‘(A) budget authority from having legal 

23 force or effect; 

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1 ‘‘(B) in the case of entitlement authority, 

2 to prevent the specific legal obligation of the 

3 United States from having legal force or effect; 

4 ‘‘(C) in the case of the food stamp pro5 gram, to prevent the specific provision of law 

6 that provides such benefit from having legal 

7 force or effect; or 

8 ‘‘(D) a limited tariff benefit from having 

9 legal force or effect, and to make any necessary, 

10 conforming statutory change to ensure that 

11 such limited tariff benefit is not implemented; 

12 or 

13 ‘‘(E) a targeted tax benefit from having 

14 legal force or effect, and to make any necessary, 

15 conforming statutory change to ensure that 

16 such targeted tax benefit is not implemented 

17 and that any budgetary resources are appro18 priately canceled. 

19 ‘‘(5) CBO.—The term ‘CBO’ means the Direc20 tor of the Congressional Budget Office. 

21 ‘‘(6) DIRECT SPENDING.—The term ‘direct 

22 spending’ means— 

23 ‘‘(A) budget authority provided by law 

24 (other than an appropriation law); 

25 ‘‘(B) entitlement authority; and 

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1 ‘‘(C) the food stamp program. 

2 ‘‘(7) DOLLAR AMOUNT OF DISCRETIONARY

3 BUDGET AUTHORITY.—(A) Except as provided in 

4 subparagraph (B), the term ‘dollar amount of dis5 cretionary budget authority’ means the entire dollar 

6 amount of budget authority— 

7 ‘‘(i) specified in an appropriation law, 

8 or the entire dollar amount of budget au9 thority or obligation limitation required to 

10 be allocated by a specific proviso in an ap11 propriation law for which a specific dollar 

12 figure was not included; 

13 ‘‘(ii) represented separately in any 

14 table, chart, or explanatory text included 

15 in the statement of managers or the gov16 erning committee report accompanying 

17 such law; 

18 ‘‘(iii) required to be allocated for a 

19 specific program, project, or activity in a 

20 law (other than an appropriation law) that 

21 mandates the expenditure of budget au22 thority from accounts, programs, projects, 

23 or activities for which budget authority is 

24 provided in an appropriation law; 

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1 ‘‘(iv) represented by the product of 

2 the estimated procurement cost and the 

3 total quantity of items specified in an ap4 propriation law or included in the state5 ment of managers or the governing com6 mittee report accompanying such law; or 

7 ‘‘(v) represented by the product of the 

8 estimated procurement cost and the total 

9 quantity of items required to be provided 

10 in a law (other than an appropriation law) 

11 that mandates the expenditure of budget 

12 authority from accounts, programs, 

13 projects, or activities for which budget au14 thority is provided in an appropriation law. 

15 ‘‘(B) The term ‘dollar amount of discre16 tionary budget authority’ does not include— 

17 ‘‘(i) direct spending; 

18 ‘‘(ii) budget authority in an appro19 priation law which funds direct spending 

20 provided for in other law; 

21 ‘‘(iii) any existing budget authority 

22 canceled in an appropriation law; or 

23 ‘‘(iv) any restriction, condition, or lim24 itation in an appropriation law or the ac25 companying statement of managers or 

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1 committee reports on the expenditure of 

2 budget authority for an account, program, 

3 project, or activity, or on activities involv4 ing such expenditure. 

5 ‘‘(8) ITEM OF DIRECT SPENDING.—The term 

6 ‘item of direct spending’ means any provision of law 

7 that results in an increase in budget authority or 

8 outlays for direct spending relative to the most re9 cent levels calculated consistent with the method10 ology used to calculate a baseline under section 257 

11 of the Balanced Budget and Emergency Deficit Con12 trol Act of 1985 and included with a budget submis13 sion under section 1105(a) of title 31, United States 

14 Code, in the first year or the 5-year period for which 

15 the item is effective. However, such item does not in16 clude an extension or reauthorization of existing di17 rect spending, but instead only refers to provisions 

18 of law that increase such direct spending. 

19 ‘‘(9) LIMITED TARIFF BENEFIT.—The term 

20 ‘limited tariff benefit’ means any provision of law 

21 that modifies the Harmonized Tariff Schedule of the 

22 United States in a manner that benefits 10 or fewer 

23 entities (as defined in paragraph (12)(B)). 

24 ‘‘(10) OMB.—The term ‘OMB’ means the Di25 rector of the Office of Management and Budget. 

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1 ‘‘(11) OMNIBUS RECONCILIATION OR APPRO2 PRIATION MEASURE.—The term ‘omnibus reconcili3 ation or appropriation measure’ means— 

4 ‘‘(A) in the case of a reconciliation bill, any 

5 such bill that is reported to its House by the 

6 Committee on the Budget; or 

7 ‘‘(B) in the case of an appropriation meas8 ure, any such measure that provides appropria9 tions for programs, projects, or activities falling 

10 within 2 or more section 302(b) suballocations. 

11 ‘‘(12) TARGETED TAX BENEFIT.—(A) The term 

12 ‘targeted tax benefit’ means any revenue-losing pro13 vision that provides a Federal tax deduction, credit, 

14 exclusion, or preference to ten or fewer beneficiaries 

15 (determined with respect to either present law or 

16 any provision of which the provision is a part) under 

17 the Internal Revenue Code of 1986 in any year for 

18 which the provision is in effect; 

19 ‘‘(B) for purposes of subparagraph (A)— 

20 ‘‘(i) all businesses and associations 

21 that are members of the same controlled 

22 group of corporations (as defined in sec23 tion 1563(a) of the Internal Revenue Code 

24 of 1986) shall be treated as a single bene25 ficiary; 

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1 ‘‘(ii) all shareholders, partners, mem2 bers, or beneficiaries of a corporation, 

3 partnership, association, or trust or estate, 

4 respectively, shall be treated as a single 

5 beneficiary; 

6 ‘‘(iii) all employees of an employer 

7 shall be treated as a single beneficiary; 

8 ‘‘(iv) all qualified plans of an em9 ployer shall be treated as a single bene10 ficiary; 

11 ‘‘(v) all beneficiaries of a qualified 

12 plan shall be treated as a single bene13 ficiary; 

14 ‘‘(vi) all contributors to a charitable 

15 organization shall be treated as a single 

16 beneficiary; 

17 ‘‘(vii) all holders of the same bond 

18 issue shall be treated as a single bene19 ficiary; and 

20 ‘‘(viii) if a corporation, partnership, 

21 association, trust or estate is the bene22 ficiary of a provision, the shareholders of 

23 the corporation, the partners of the part24 nership, the members of the association, or 

25 the beneficiaries of the trust or estate shall 

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1 not also be treated as beneficiaries of such 

2 provision; 

3 ‘‘(C) for the purpose of this paragraph, the 

4 term ‘revenue-losing provision’ means any pro5 vision that is estimated to result in a reduction 

6 in Federal tax revenues (determined with re7 spect to either present law or any provision of 

8 which the provision is a part) for any one of the 

9 two following periods— 

10 ‘‘(i) the first fiscal year for which the 

11 provision is effective; or 

12 ‘‘(ii) the period of the 5 fiscal years 

13 beginning with the first fiscal year for 

14 which the provision is effective; 

15 ‘‘(D) the term ‘targeted tax benefit’ does 

16 not include any provision which applies uni17 formly to an entire industry; and 

18 ‘‘(E) the terms used in this paragraph 

19 shall have the same meaning as those terms 

20 have generally in the Internal Revenue Code of 

21 1986, unless otherwise expressly provided. 

22 ‘‘EXPIRATION

23 ‘‘SEC. 1018. This title shall have no force or effect 

24 on or after October 1, 2012’’. 

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1 SEC. 312. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) EXERCISE OF RULEMAKING POWERS.—Section 

3 904 of the Congressional Budget Act of 1974 (2 U.S.C. 

4 621 note) is amended— 

5 (1) in subsection (a), by striking ‘‘1017’’ and 

6 inserting ‘‘1012’’; and 

7 (2) in subsection (d), by striking ‘‘section 

8 1017’’ and inserting ‘‘section 1012’’. 

9 (b) ANALYSIS BY CONGRESSIONAL BUDGET OF10 FICE.—Section 402 of the Congressional Budget Act of 

11 1974 is amended by inserting ‘‘(a)’’ after ‘‘402.’’ and by 

12 adding at the end the following new subsection: 

13 ‘‘(b) Upon the receipt of a special message under sec14 tion 1011 proposing to cancel any item of direct spending, 

15 the Director of the Congressional Budget Office shall pre16 pare an estimate of the savings in budget authority or out17 lays resulting from such proposed cancellation relative to 

18 the most recent levels calculated consistent with the meth19 odology used to calculate a baseline under section 257 of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985 and included with a budget submission under sec22 tion 1105(a) of title 31, United States Code, and transmit 

23 such estimate to the chairmen of the Committees on the 

24 Budget of the House of Representatives and Senate.’’. 

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1 (c) CLERICAL AMENDMENTS.—(1) Section 1(a) of 

2 the Congressional Budget and Impoundment Control Act 

3 of 1974 is amended by striking the last sentence. 

4 (2) Section 1022(c) of such Act (as redesignated) is 

5 amended is amended by striking ‘‘rescinded or that is to 

6 be reserved’’ and insert ‘‘canceled’’ and by striking 

7 ‘‘1012’’ and inserting ‘‘1011’’. 

8 (3) TABLE OF CONTENTS.—The table of contents set 

9 forth in section 1(b) of the Congressional Budget and Im10 poundment Control Act of 1974 is amended by deleting 

11 the contents for parts B and C of title X and inserting 

12 the following: 

‘‘PART B—LEGISLATIVE LINE-ITEM VETO

‘‘Sec. 1011. Line-item veto authority. 

‘‘Sec. 1012. Procedures for expedited consideration. 

‘‘Sec. 1013. Presidential deferral authority. 

‘‘Sec. 1014. Identification of targeted tax benefits. 

‘‘Sec. 1015. Treatment of cancellations. 

‘‘Sec. 1016. Reports by comptroller general. 

‘‘Sec. 1017. Definitions. 

‘‘Sec. 1018. Expiration. 

‘‘Sec. 1019. Suits by Comptroller General. 

‘‘Sec. 1020. Proposed deferrals of budget authority.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this Act shall take effect on the date of its enactment and 

15 apply only to any dollar amount of discretionary budget 

16 authority, item of direct spending, or targeted tax benefit 

17 provided in an Act enacted on or after the date of enact18 ment of this Act. 

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1 SEC. 313. SENSE OF CONGRESS ON ABUSE OF PROPOSED 

2 CANCELLATIONS. 

3 It is the sense of Congress no President or any execu4 tive branch official should condition the inclusion or exclu5 sion or threaten to condition the inclusion or exclusion of 

6 any proposed cancellation in any special message under 

7 this section upon any vote cast or to be cast by any Mem8 ber of either House of Congress. 

9 SEC. 314. AMENDING HOUSE RULES TO REQUIRE THAT RE10 SCISSION BILLS ALWAYS BE CONSIDERED 

11 UNDER OPEN RULES. 

12 (a) RULES AMENDMENT.—Clause 6(c) of rule XIII 

13 of the Rules of the House of Representatives is amended 

14 by striking the period and inserting ‘‘; or’’ at the end of 

15 subparagraph (2) and by adding at the end the following 

16 new subparagraph: 

17 ‘‘(3) a rule or order that would limit any amendment 

18 that would otherwise be in order to a rescission bill.’’. 

19 (b) AUTOMATIC ALLOCATIONS REDUCTIONS.— 

20 Clause 4(b) of rule X of the Rules of the House of Rep21 resentatives is amended by inserting ‘‘(1)’’ after ‘‘(b)’’, by 

22 redesignating subparagraphs (1) through (6) as subdivi23 sions (A) through (F), respectively, and by adding at the 

24 end the following: 

25 ‘‘(2)(A) Whenever a rescission bill passes the House, 

26 the Committee on the Budget shall immediately reduce the 

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1 applicable allocations under section 302(a) of the Congres2 sional Budget Act of 1974 by the total amount of reduc3 tions in budget authority and in outlays resulting from 

4 such rescission bill. 

5 ‘‘(B) As used in this subparagraph, the term ‘rescis6 sion bill’ means a bill or joint resolution which only re7 scinds, in whole or in part, budget authority and which 

8 includes only titles corresponding to the most recently en9 acted appropriation bills that continue to include unobli10 gated balances.’’. 

11 (c) PRIVILEGED DISCHARGE RESOLUTIONS.—Rule 

12 XIII of the Rules of the House of Representatives is 

13 amended by adding at the end the following new clause: 

14 ‘‘8. (a) By February 1, May 1, July 30, and Novem15 ber 11 of each session, the majority leader shall introduce 

16 a rescission bill. If such bill is not introduced by that date, 

17 then whenever a rescission bill is introduced during a ses18 sion on or after that date, a motion to discharge the com19 mittee from its consideration shall be privileged after the 

20 10-legislative day period beginning on that date for the 

21 first 5 such bills. 

22 ‘‘(b) It shall not be in order to offer any amendment 

23 to a rescission bill except an amendment that increases 

24 the amount of budget authority that such bill rescinds. 

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1 ‘‘(c) As used in this clause and in clause 6, the term 

2 ‘rescission bill’ has the meaning given such term in clause 

3 4(b)(2)(B) of rule X.’’. 

4 (d) POINT OF ORDER.—Rule XXI of the Rules of the 

5 House of Representatives (as amended by subsection (d)) 

6 is further amended by adding at the end the following new 

7 clause: 

8 ‘‘9. (a) It shall not be in order to consider any rescis9 sion bill, or conference report thereon or amendment 

10 thereto, unless— 

11 ‘‘(1) in the case of such bill or conference re12 port thereon, it is made available to Members and 

13 the general public on the Internet for at least 48 

14 hours before its consideration; or 

15 ‘‘(2)(A) in the case of an amendment to such 

16 rescission bill made in order by a rule, it is made 

17 available to Members and the general public on the 

18 Internet within one hour after the rule is filed; or 

19 ‘‘(B) in the case of an amendment under an 

20 open rule, it is made available to Members and the 

21 general public on the Internet immediately after 

22 being offered; in a format that is searchable and 

23 sortable. 

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1 ‘‘(b) No amendment to an amendment to a rescission 

2 bill shall be in order unless germane to the amendment 

3 to which it is offered.’’. 

4 Subtitle C—Commission to 

5 Eliminate Waste, Fraud, and Abuse 

6 SEC. 331. ESTABLISHMENT OF COMMISSION. 

7 (a) ESTABLISHMENT.—There is established the Com8 mission to Eliminate Waste, Fraud, and Abuse (hereafter 

9 in this subtitle referred to as the ‘‘Commission’’). 

10 (b) MEMBERSHIP.— 

11 (1) IN GENERAL.—The Commission shall con12 sist of 12 members, all of whom shall be appointed 

13 by the President not later than 90 days after the 

14 date of enactment of this Act. 

15 (2) CHAIRPERSON AND VICE CHAIRPERSON.— 

16 The President shall designate a chairperson and vice 

17 chairperson from among the members of the Com18 mission. 

19 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem20 bers shall be appointed for the life of the Commission. Any 

21 vacancy in the Commission shall not affect its powers, but 

22 shall be filled in the same manner as the original appoint23 ment. 

24 (d) MEETINGS.— 

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1 (1) INITIAL MEETING.—Not later than 30 days 

2 after the date on which all members of the Commis3 sion have been appointed, the Commission shall hold 

4 its first meeting. 

5 (2) SUBSEQUENT MEETINGS.—The Commission 

6 shall meet at the call of the chairperson. 

7 (e) QUORUM.—A majority of the members of the 

8 Commission shall constitute a quorum, but a lesser num9 ber of members may hold hearings. 

10 SEC. 332. DUTIES OF THE COMMISSION. 

11 (a) DEFINITIONS.—In this section, the following defi12 nitions shall apply: 

13 (1) AGENCY.—The term ‘‘agency’’ has the 

14 meaning given the term ‘‘Executive agency’’ under 

15 section 105 of title 5, United States Code. 

16 (2) PROGRAM.—The term ‘‘program’’ means 

17 any activity or function of an agency. 

18 (b) IN GENERAL.—The Commission shall— 

19 (1) evaluate all agencies and programs within 

20 those agencies, using the criteria under subsection 

21 (c); and 

22 (2) submit to Congress— 

23 (A) a plan with recommendations of the 

24 agencies and programs that should be realigned 

25 or eliminated; and 

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1 (B) proposed legislation to implement the 

2 plan described under subparagraph (A). 

3 (c) CRITERIA.— 

4 (1) DUPLICATIVE.—If two or more agencies or 

5 programs are performing the same essential function 

6 and the function can be consolidated or streamlined 

7 into a single agency or program, the Commission 

8 shall recommend that the agency or program be re9 aligned. 

10 (2) WASTEFUL OR INEFFICIENT.—The Com11 mission shall recommend the realignment or elimi12 nation of any agency or program that has wasted 

13 Federal funds by— 

14 (A) egregious spending; 

15 (B) mismanagement of resources and per16 sonnel; or 

17 (C) use of such funds for personal benefit 

18 or the benefit of a special interest group. 

19 (3) OUTDATED, IRRELEVANT, OR FAILED.—The 

20 Commission shall recommend the elimination of any 

21 agency or program that— 

22 (A) has completed its intended purpose; 

23 (B) has become irrelevant; or 

24 (C) has failed to meet its objectives. 

25 (d) SYSTEMATIC ASSESSMENT OF PROGRAMS.— 

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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of enactment of this Act, the President 

3 shall— 

4 (A) establish a systematic method for as5 sessing the effectiveness and accountability of 

6 agency programs; and 

7 (B) submit, to the Commission, assessments of not less than 1 8 ⁄2 of all programs cov9 ered under subsection (b)(1) that use the meth10 od established under subparagraph (A). 

11 (2) METHOD OBJECTIVES.—The method estab12 lished under paragraph (1) shall— 

13 (A) recognize different types of Federal 

14 programs; 

15 (B) assess programs based primarily on 

16 the achievement of performance goals (as de17 fined under section 1115(f)(4) of title 31, 

18 United States Code); and 

19 (C) assess programs based in part on the 

20 adequacy of the program’s performance meas21 ures, financial management, and other factors 

22 determined by the President. 

23 (3) DEVELOPMENT.—The method established 

24 under paragraph (1) shall not be implemented until 

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1 it has been reviewed and accepted by the Commis2 sion. 

3 (4) CONSIDERATION OF ASSESSMENTS.—The 

4 Commission shall consider assessments submitted 

5 under this subsection when evaluating programs 

6 under subsection (b)(1). 

7 (e) COMMON PERFORMANCE MEASURES.—Not later 

8 than 1 year after the date of enactment of this Act, the 

9 President shall identify common performance measures 

10 for programs covered in subsection (b)(1) that have simi11 lar functions and, to the extent feasible, provide the Com12 mission with data on such performance measures. 

13 (f) REPORT.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of enactment of this Act, the Commission 

16 shall submit to the President and Congress a report 

17 that includes— 

18 (A) the plan described under subsection 

19 (b)(2)(A), with supporting documentation for 

20 all recommendations; and 

21 (B) the proposed legislation described 

22 under subsection (b)(2)(B). 

23 (2) RELOCATION OF FEDERAL EMPLOYEES.— 

24 The proposed legislation under paragraph (1)(B) 

25 shall provide that if the position of an employee of 

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1 an agency is eliminated as a result of the implemen2 tation of the plan under paragraph (1)(A), the af3 fected agency shall make reasonable efforts to relo4 cate such employee to another position within the 

5 agency or within another Federal agency. 

6 SEC. 333. POWERS OF THE COMMISSION. 

7 (a) HEARINGS.—The Commission or, at its direction, 

8 any subcommittee or member of the Commission, may, for 

9 the purpose of carrying out this subtitle— 

10 (1) hold such hearings, sit and act at such 

11 times and places, take such testimony, receive such 

12 evidence, and administer such oaths as any member 

13 of the Commission considers advisable; 

14 (2) require, by subpoena or otherwise, the at15 tendance and testimony of such witnesses as any 

16 member of the Commission considers advisable; and 

17 (3) require, by subpoena or otherwise, the pro18 duction of such books, records, correspondence, 

19 memoranda, papers, documents, tapes, and other 

20 evidentiary materials relating to any matter under 

21 investigation by the Commission. 

22 (b) SUBPOENAS.— 

23 (1) ISSUANCE.—Subpoenas issued under sub24 section (a) shall bear the signature of the chair25 person of the Commission and shall be served by any 

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1 person or class of persons designated by the chair2 person for that purpose. 

3 (2) ENFORCEMENT.—In the case of contumacy 

4 or failure to obey a subpoena issued under sub5 section (a), the United States district court for the 

6 judicial district in which the subpoenaed person re7 sides, is served, or may be found, may issue an order 

8 requiring such person to appear at any designated 

9 place to testify or to produce documentary or other 

10 evidence. Any failure to obey the order of the court 

11 may be punished by the court as a contempt of that 

12 court. 

13 (c) INFORMATION FROM FEDERAL AGENCIES.—The 

14 Commission may secure directly from any Federal depart15 ment or agency such information as the Commission con16 siders necessary to carry out this Act. Upon request of 

17 the chairperson of the Commission, the head of such de18 partment or agency shall furnish such information to the 

19 Commission. 

20 (d) POSTAL SERVICES.—The Commission may use 

21 the United States mails in the same manner and under 

22 the same conditions as other departments and agencies of 

23 the Government. 

24 (e) GIFTS.—The Commission may accept, use, and 

25 dispose of gifts or donations of services or property. 

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1 SEC. 334. COMMISSION PERSONNEL MATTERS. 

2 (a) COMPENSATION OF MEMBERS.— 

3 (1) NON-FEDERAL MEMBERS.—Except as pro4 vided under subsection (b), each member of the 

5 Commission who is not an officer or employee of the 

6 Government shall not be compensated. 

7 (2) FEDERAL OFFICERS OR EMPLOYEES.—All 

8 members of the Commission who are officers or em9 ployees of the United States shall serve without com10 pensation in addition to that received for their serv11 ices as officers or employees of the United States. 

12 (b) TRAVEL EXPENSES.—The members of the Com13 mission shall be allowed travel expenses, including per 

14 diem in lieu of subsistence, at rates authorized for employ15 ees of agencies under subchapter I of chapter 57 of title 

16 5, United States Code, while away from their homes or 

17 regular places of business in the performance of services 

18 for the Commission. 

19 (c) STAFF.— 

20 (1) IN GENERAL.—The chairperson of the Com21 mission may, without regard to the civil service laws 

22 and regulations, appoint and terminate an executive 

23 director and such other additional personnel as may 

24 be necessary to enable the Commission to perform 

25 its duties. The employment of an executive director 

26 shall be subject to confirmation by the Commission. 

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1 (2) COMPENSATION.—Upon the approval of the 

2 chairperson, the executive director may fix the com3 pensation of the executive director and other per4 sonnel without regard to chapter 51 and subchapter 

5 III of chapter 53 of title 5, United States Code, re6 lating to classification of positions and General 

7 Schedule pay rates, except that the rate of pay for 

8 the executive director and other personnel may not 

9 exceed the maximum rate payable for a position at 

10 GS–15 of the General Schedule under section 5332 

11 of such title. 

12 (3) PERSONNEL AS FEDERAL EMPLOYEES.— 

13 (A) IN GENERAL.—The executive director 

14 and any personnel of the Commission who are 

15 employees shall be employees under section 

16 2105 of title 5, United States Code, for pur17 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

18 and 90 of that title. 

19 (B) MEMBERS OF COMMISSION.—Subpara20 graph (A) shall not be construed to apply to 

21 members of the Commission. 

22 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

23 Government employee may be detailed to the Commission 

24 without reimbursement, and such detail shall be without 

25 interruption or loss of civil service status or privilege. 

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1 (e) PROCUREMENT OF TEMPORARY AND INTERMIT2 TENT SERVICES.—The chairperson of the Commission 

3 may procure temporary and intermittent services under 

4 section 3109(b) of title 5, United States Code, at rates 

5 for individuals which do not exceed the daily equivalent 

6 of the annual rate of basic pay prescribed for level V of 

7 the Executive Schedule under section 5316 of such title. 

8 SEC. 335. TERMINATION OF THE COMMISSION. 

9 The Commission shall terminate 90 days after the 

10 date on which the Commission submits the report under 

11 section 232(f). 

12 SEC. 336. CONGRESSIONAL CONSIDERATION OF REFORM 

13 PROPOSALS. 

14 (a) DEFINITIONS.—In this section: 

15 (1) IMPLEMENTATION BILL.—The term ‘‘imple16 mentation bill’’ means only a bill which is introduced 

17 as provided under subsection (b), and contains the 

18 proposed legislation included in the report submitted 

19 to Congress under section 232, without modification. 

20 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

21 means a calendar day other than one on which ei22 ther House is not in session because of an adjourn23 ment of more than 3 days to a date certain. 

24 (b) INTRODUCTION; REFERRAL; AND REPORT OR

25 DISCHARGE.— 

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1 (1) INTRODUCTION.—On the first calendar day 

2 on which both Houses are in session, on or imme3 diately following the date on which the report is sub4 mitted to Congress under section 232, a single im5 plementation bill shall be introduced (by request)— 

6 (A) in the Senate by the majority leader of 

7 the Senate, for himself and the minority leader 

8 of the Senate, or by Members of the Senate 

9 designated by the majority leader and minority 

10 leader of the Senate; and 

11 (B) in the House of Representatives by the 

12 Speaker of the House of Representatives, for 

13 himself and the minority leader of the House of 

14 Representatives, or by Members of the House of 

15 Representatives designated by the Speaker and 

16 minority leader of the House of Representa17 tives. 

18 (2) REFERRAL.—The implementation bills in19 troduced under paragraph (1) shall be referred to 

20 any appropriate committee of jurisdiction in the 

21 Senate and any appropriate committee of jurisdic22 tion in the House of Representatives. A committee 

23 to which an implementation bill is referred under 

24 this paragraph may report such bill to the respective 

25 House without amendment. 

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1 (3) REPORT OR DISCHARGE.—If a committee to 

2 which an implementation bill is referred has not re3 ported such bill by the end of the 15th calendar day 

4 after the date of the introduction of such bill, such 

5 committee shall be immediately discharged from fur6 ther consideration of such bill, and upon being re7 ported or discharged from the committee, such bill 

8 shall be placed on the appropriate calendar. 

9 (c) FLOOR CONSIDERATION.— 

10 (1) IN GENERAL.—When the committee to 

11 which an implementation bill is referred has re12 ported, or has been discharged under subsection 

13 (b)(3), it is at any time thereafter in order (even 

14 though a previous motion to the same effect has 

15 been disagreed to) for any Member of the respective 

16 House to move to proceed to the consideration of the 

17 implementation bill, and all points of order against 

18 the implementation bill (and against consideration of 

19 the implementation bill) are waived. The motion is 

20 highly privileged in the House of Representatives 

21 and is privileged in the Senate and is not debatable. 

22 The motion is not subject to amendment, or to a 

23 motion to postpone, or to a motion to proceed to the 

24 consideration of other business. A motion to recon25 sider the vote by which the motion is agreed to or 

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1 disagreed to shall not be in order. If a motion to 

2 proceed to the consideration of the implementation 

3 bill is agreed to, the implementation bill shall remain 

4 the unfinished business of the respective House until 

5 disposed of. 

6 (2) AMENDMENTS.—An implementation bill 

7 may not be amended in the Senate or the House of 

8 Representatives. 

9 (3) DEBATE.—Debate on the implementation 

10 bill, and on all debatable motions and appeals in 

11 connection therewith, shall be limited to not more 

12 than 10 hours, which shall be divided equally be13 tween those favoring and those opposing the resolu14 tion. A motion further to limit debate is in order and 

15 not debatable. An amendment to, or a motion to 

16 postpone, or a motion to proceed to the consider17 ation of other business, or a motion to recommit the 

18 implementation bill is not in order. A motion to re19 consider the vote by which the implementation bill is 

20 agreed to or disagreed to is not in order. 

21 (4) VOTE ON FINAL PASSAGE.—Immediately 

22 following the conclusion of the debate on an imple23 mentation bill, and a single quorum call at the con24 clusion of the debate if requested in accordance with 

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1 the rules of the appropriate House, the vote on final 

2 passage of the implementation bill shall occur. 

3 (5) RULINGS OF THE CHAIR ON PROCEDURE.— 

4 Appeals from the decisions of the Chair relating to 

5 the application of the rules of the Senate or the 

6 House of Representatives, as the case may be, to the 

7 procedure relating to an implementation bill shall be 

8 decided without debate. 

9 (d) COORDINATION WITH ACTION BY OTHER

10 HOUSE.—If, before the passage by 1 House of an imple11 mentation bill of that House, that House receives from 

12 the other House an implementation bill, then the following 

13 procedures shall apply: 

14 (1) NONREFERRAL.—The implementation bill 

15 of the other House shall not be referred to a com16 mittee. 

17 (2) VOTE ON BILL OF OTHER HOUSE.—With 

18 respect to an implementation bill of the House re19 ceiving the implementation bill— 

20 (A) the procedure in that House shall be 

21 the same as if no implementation bill had been 

22 received from the other House; but 

23 (B) the vote on final passage shall be on 

24 the implementation bill of the other House. 

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1 (e) RULES OF SENATE AND HOUSE OF REPRESENTA2 TIVES.—This section is enacted by Congress— 

3 (1) as an exercise of the rulemaking power of 

4 the Senate and House of Representatives, respec5 tively, and as such it is deemed a part of the rules 

6 of each House, respectively, but applicable only with 

7 respect to the procedure to be followed in that 

8 House in the case of an implementation bill de9 scribed in subsection (a), and it supersedes other 

10 rules only to the extent that it is inconsistent with 

11 such rules; and 

12 (2) with full recognition of the constitutional 

13 right of either House to change the rules (so far as 

14 relating to the procedure of that House) at any time, 

15 in the same manner, and to the same extent as in 

16 the case of any other rule of that House. 

17 SEC. 337. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as may be necessary for carrying out this subtitle for each 

20 of the fiscal years 2008 through 2010. 

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1 TITLE IV—TRUTH IN 

2 ACCOUNTING 

3 Subtitle A—Accrual Funding of 

4 Pensions and Retirement Pay 

5 for Federal Employees and Uni6 formed Services Personnel 

7 SEC. 401. CIVIL SERVICE RETIREMENT SYSTEM. 

8 (a) CIVIL SERVICE RETIREMENT AND DISABILITY

9 FUND.—Chapter 83 of title 5, United States Code, is 

10 amended— 

11 (1) in section 8331— 

12 (A) in paragraph (17)— 

13 (i) by striking ‘‘normal cost’’ and in14 serting ‘‘normal cost percentage’’; and 

15 (ii) by inserting ‘‘and standards 

16 (using dynamic assumptions)’’ after ‘‘prac17 tice’’; 

18 (B) by amending paragraph (18) to read 

19 as follows: 

20 ‘‘(18) ‘Fund balance’ means the current net as21 sets of the Fund available for payment of benefits, 

22 as determined by the Office in accordance with ap23 propriate accounting standards, but does not include 

24 any amount attributable to— 

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1 ‘‘(A) the Federal Employees’ Retirement 

2 System; or 

3 ‘‘(B) contributions made under the Federal 

4 Employees’ Retirement Contribution Temporary 

5 Adjustment Act of 1983 by or on behalf of any 

6 individual who became subject to the Federal 

7 Employees’ Retirement System;’’ 

8 (C) by amending paragraph (19) to read 

9 as follows: 

10 ‘‘(19) ‘accrued liability’ means the estimated ex11 cess of the present value of all benefits payable from 

12 the Fund to employees and Members, and former 

13 employees and Members, subject to this subchapter, 

14 and their survivors, over the present value of deduc15 tions to be withheld from the future basic pay of em16 ployees and Members currently subject to this sub17 chapter and of future agency contributions to be 

18 made in their behalf;’’ 

19 (D) in paragraph (27) by striking ‘‘and’’ 

20 at the end; 

21 (E) in paragraph (28) by striking the pe22 riod at the end and inserting a semicolon; and 

23 (F) by adding at the end the following 

24 paragraphs: 

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1 ‘‘(29) ‘dynamic assumptions’ means economic 

2 assumptions that are used in determining actuarial 

3 costs and liabilities of a retirement system and in 

4 anticipating the effects of long-term future— 

5 ‘‘(A) investment yields; 

6 ‘‘(B) increases in rates of basic pay; and 

7 ‘‘(C) rates of price inflation; and 

8 ‘‘(30) ‘unfunded liability’ means the estimated 

9 excess of— 

10 ‘‘(A) the actuarial present value of all fu11 ture benefits payable from the Fund under this 

12 subchapter based on the service of current or 

13 former employees or Members, over 

14 ‘‘(B) the sum of— 

15 ‘‘(i) the actuarial present value of de16 ductions to be withheld from the future 

17 basic pay of employees and Members cur18 rently subject to this chapter pursuant to 

19 section 8334; 

20 ‘‘(ii) the actuarial present value of the 

21 future contributions to be made pursuant 

22 to section 8334 with respect to employees 

23 and Members currently subject to this sub24 chapter; 

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1 ‘‘(iii) the Fund balance, as defined in 

2 paragraph (18), as of the date the un3 funded liability is determined; and 

4 ‘‘(iv) any other appropriate amount, 

5 as determined by the Office of Personnel 

6 Management in accordance with generally 

7 accepted actuarial practices and prin8 ciples.’’; 

9 (2) in section 8334— 

10 (A) in subsection (a)(1)— 

11 (i) by striking the last two sentences; 

12 (ii) by redesignating that subsection, 

13 as so amended, as (a)(1)(A); and 

14 (iii) by adding at the end the fol15 lowing new subparagraphs: 

16 ‘‘(B) Except as provided in subparagraph (E), each 

17 employing agency having any employees or Members sub18 ject to subparagraph (A) shall contribute from amounts 

19 available for salaries and expenses an amount equal to the 

20 sum of— 

21 ‘‘(i) the product of— 

22 ‘‘(I) the normal cost percentage, as deter23 mined for employees (other than employees cov24 ered by clause (ii)), multiplied by 

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1 ‘‘(II) the aggregate amount of basic pay 

2 payable by the agency, for the period involved, 

3 to employees (under subclause (I)) who are 

4 within such agency; and 

5 ‘‘(ii) the product of— 

6 ‘‘(I) the normal cost percentage, as deter7 mined for Members, Congressional employees, 

8 law enforcement officers, firefighters, air traffic 

9 controllers, bankruptcy judges, Court of Fed10 eral Claims judges, United States magistrates, 

11 judges of the United States Court of Appeals 

12 for the Armed Forces, members of the Capitol 

13 Police, nuclear materials couriers, and members 

14 of the Supreme Court Police, multiplied by 

15 ‘‘(II) the aggregate amount of basic pay 

16 payable by the agency for the period involved, 

17 to employees and Members (under subclause 

18 (I)) who are within such agency. 

19 ‘‘(C) In determining the normal cost percentage to 

20 be applied under subparagraph (B), amounts provided for 

21 under subparagraph (A) shall be taken into account. 

22 ‘‘(D) Contributions under this paragraph shall be 

23 paid— 

24 ‘‘(i) in the case of law enforcement officers, 

25 firefighters, air traffic controllers, bankruptcy 

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1 judges, Court of Federal Claims judges, United 

2 States magistrates, judges of the United States 

3 Court of Appeals for the Armed Forces, members of 

4 the Supreme Court Police, nuclear materials couriers 

5 and other employees, from the appropriations or 

6 fund used to pay such law enforcement officers, fire7 fighters, air traffic controllers, bankruptcy judges, 

8 Court of Federal Claims judges, United States mag9 istrates, judges of the United States Court of Ap10 peals for the Armed Forces, members of the Su11 preme Court Police, nuclear materials couriers and 

12 other employees, respectively; 

13 ‘‘(ii) in the case of elected officials, from an ap14 propriation or fund available for payment of other 

15 salaries of the same office or establishment; and 

16 ‘‘(iii) in the case of employees of the legislative 

17 branch paid by the Clerk of the House of Represent18 atives, from the contingent fund of the House. 

19 ‘‘(E) In the case of the United States Postal Service, 

20 the Metropolitan Washington Airports Authority, and the 

21 government of the District of Columbia, an amount equal 

22 to that withheld under subparagraph (A) shall be contrib23 uted from the appropriation or fund used to pay the em24 ployee.’’; and 

25 (B) in subsection (k)— 

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1 (i) in paragraph (1)— 

2 (I) in subparagraph (A) by strik3 ing ‘‘the first sentence of subsection 

4 (a)(1) of this section’’ and inserting 

5 ‘‘subsection (a)(1)(A)’’; and 

6 (II) by amending subparagraph 

7 (B) to read as follows: 

8 ‘‘(B) the amount of the contribution under sub9 section (a)(1)(B) shall be the amount which would 

10 have been contributed under such subsection if this 

11 subsection had not been enacted.’’; and 

12 (ii) in paragraph (2)(C)(iii) by strik13 ing ‘‘the first sentence of subsection 

14 (a)(1)’’ and inserting ‘‘subsection 

15 (a)(1)(A)’’; and 

16 (3) in section 8348— 

17 (A) by repealing subsection (f); 

18 (B) by amending subsection (g) to read as 

19 follows: 

20 ‘‘(g)(1)(A) Not later than June 30, 2008, the Office 

21 of the Actuary shall determine the unfunded liability of 

22 the Fund, as of September 30, 2007, attributable to bene23 fits payable under this chapter and make recommenda24 tions regarding its liquidation. After considering such rec25 ommendations, the Office shall establish an amortization 

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1 schedule, including a series of annual installments com2 mencing October 1, 2008, which provides for the liquida3 tion of such liability by October 1, 2046. 

4 ‘‘(B) The Office shall redetermine the unfunded li5 ability of the Fund as of the close of the fiscal year, for 

6 each fiscal year beginning after September 30, 2007, 

7 through the fiscal year ending September 30, 2041, and 

8 shall establish a new amortization schedule, including a 

9 series of annual installments commencing on October 1 

10 of the second subsequent fiscal year, which provides for 

11 the liquidation of such liability by October 1, 2046. 

12 ‘‘(C) The Office shall redetermine the unfunded li13 ability of the Fund as of the close of the fiscal year for 

14 each fiscal year beginning after September 30, 2041, and 

15 shall establish a new amortization schedule, including a 

16 series of annual installments commencing on October 1 

17 of the second subsequent fiscal year, which provides for 

18 the liquidation of such liability over five years. 

19 ‘‘(D) Amortization schedules established under this 

20 paragraph shall be set in accordance with generally accept21 ed actuarial practices and principles, with interest com22 puted at the rate used in the most recent valuation of the 

23 Civil Service Retirement System. 

24 ‘‘(2) At the beginning of each fiscal year, beginning 

25 on October 1, 2008, the Office shall notify the Secretary 

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1 of the Treasury of the amount of the first installment 

2 under the most recent amortization schedule established 

3 under paragraph (1). The Secretary shall credit that 

4 amount to the Fund, as a Government contribution, out 

5 of any money in the Treasury of the United States not 

6 otherwise appropriated. 

7 ‘‘(3) For the purpose of carrying out paragraph (1) 

8 with respect to any fiscal year, the Office may— 

9 ‘‘(A) require the Board of Actuaries of the Civil 

10 Service Retirement System to make actuarial deter11 minations and valuations, make recommendations, 

12 and maintain records in accordance with section 

13 8347(f); and 

14 ‘‘(B) use the latest actuarial determinations 

15 and valuations made by such Board of Actuaries.’’; 

16 (C) in subsections (h), (i), and (m) by 

17 striking ‘‘unfunded’’ and inserting ‘‘accrued’’ 

18 each place it appears; and 

19 (D) by adding at the end the following new 

20 subsection: 

21 ‘‘(n) Under regulations prescribed by the Office, the 

22 head of an agency may request reconsideration of any 

23 amount determined to be payable with respect to such 

24 agency under section 8334(a)(1)(B)–(D). Any such re25 quest shall be referred to the Board of Actuaries of the 

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1 Civil Service Retirement System. The Board of Actuaries 

2 shall review the computations of the Office and may make 

3 any adjustment with respect to any such amount which 

4 the Board determines appropriate. A determination by the 

5 Board of Actuaries under this subsection shall be final.’’. 

6 (b) GOVERNMENT CONTRIBUTIONS.—Section 8423 

7 of title 5, United States Code, is amended— 

8 (1) in subsection (a)(2) by striking ‘‘section 

9 8422’’ and inserting ‘‘section 8422(a)’’; and 

10 (2) in subsection (b)(2) by striking ‘‘equal an11 nual installments’’ and inserting ‘‘annual install12 ments set in accordance with generally accepted ac13 tuarial practices and principles’’. 

14 SEC. 402. CENTRAL INTELLIGENCE AGENCY RETIREMENT 

15 AND DISABILITY SYSTEM. 

16 (a) Section 101 of the Central Intelligence Agency 

17 Retirement Act (50 U.S.C. 2001) is amended— 

18 (1) in paragraph (5), to read as follows: 

19 ‘‘(5) UNFUNDED LIABILITY.—The term ‘un20 funded liability’ means the estimated excess of— 

21 ‘‘(A) the actuarial present value of all fu22 ture benefits payable from the Fund under title 

23 II of this Act based on the service of current 

24 or former participants, over 

25 ‘‘(B) the sum of— 

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1 ‘‘(i) the actuarial present value of de2 ductions to be withheld from the future 

3 basic pay of participants currently subject 

4 to title II of this Act pursuant to section 

5 211; 

6 ‘‘(ii) the actuarial present value of the 

7 future contributions to be made pursuant 

8 to section 211 with respect to participants 

9 currently subject to title II of this Act; 

10 ‘‘(iii) the Fund balance, as defined in 

11 paragraph (4), as of the date the unfunded 

12 liability is determined; and 

13 ‘‘(iv) any other appropriate amount, 

14 as determined by the Director in accord15 ance with generally accepted actuarial 

16 practices and principles.’’; 

17 (2) in paragraph (6)— 

18 (A) by striking ‘‘ ‘normal cost’ ’’ and in19 serting ‘‘ ‘normal cost percentage’ ’’; and 

20 (B) by inserting ‘‘and standards (using dy21 namic assumptions)’’ after ‘‘practice’’; and 

22 (3) by adding at the end the following para23 graph: 

24 ‘‘(10) DYNAMIC ASSUMPTIONS.—The term ‘dy25 namic assumptions’ means economic assumptions 

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1 that are used in determining actuarial costs and li2 abilities of a retirement system and in anticipating 

3 the effects of long-term future— 

4 ‘‘(A) investment yields; 

5 ‘‘(B) increases in rates of basic pay; and 

6 ‘‘(C) rates of price inflation.’’. 

7 (b) Section 202 of such Act (50 U.S.C. 2012) is 

8 amended by adding at the end the following: ‘‘The Fund 

9 is appropriated for the payment of benefits as provided 

10 by this title.’’. 

11 (c) Section 211(a)(2) of such Act (50 U.S.C. 

12 2021(a)(2)) is amended to read as follows: 

13 ‘‘(2) AGENCY CONTRIBUTIONS.—The Agency 

14 shall contribute to the Fund the amount computed 

15 in a manner similar to that used under section 

16 8334(a) of title 5, United States Code, pursuant to 

17 determinations of the normal cost percentage of the 

18 Central Intelligence Agency Retirement and Dis19 ability System by the Director. Contributions under 

20 this paragraph shall be paid from amounts available 

21 for salaries and expenses.’’. 

22 (d) Section 261 of such Act (50 U.S.C. 2091) is 

23 amended— 

24 (1) by striking subsections (c), (d), and (e); and 

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1 (2) by inserting after subsection (b) the fol2 lowing new subsections: 

3 ‘‘(c)(1) Not later than June 30, 2008, the Director 

4 shall cause to be made actuarial valuations of the Fund 

5 that determine the unfunded liability of the Fund, as of 

6 September 30, 2007, attributable to benefits payable 

7 under this title and make recommendations regarding its 

8 liquidation. After considering such recommendations, the 

9 Director shall establish an amortization schedule, includ10 ing a series of annual installments commencing October 

11 1, 2008, which provides for the liquidation of such liability 

12 by October 1, 2046. 

13 ‘‘(2) The Director shall redetermine the unfunded li14 ability of the Fund as of the close of the fiscal year, for 

15 each fiscal year beginning after September 30, 2007, 

16 through the fiscal year ending September 30, 2041, and 

17 shall establish a new amortization schedule, including a 

18 series of annual installments commencing on October 1 

19 of the second subsequent fiscal year, which provides for 

20 the liquidation of such liability by October 1, 2046. 

21 ‘‘(3) The Director shall redetermine the unfunded li22 ability of the Fund as of the close of the fiscal year for 

23 each fiscal year beginning after September 30, 2041, and 

24 shall establish a new amortization schedule, including a 

25 series of annual installments commencing on October 1 

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1 of the second subsequent fiscal year, which provides for 

2 the liquidation of such liability over five years. 

3 ‘‘(4) Amortization schedules established under this 

4 subsection shall be set in accordance with generally accept5 ed actuarial practices and principles, with interest com6 puted at the rate used in the most recent valuation of the 

7 Civil Service Retirement and Disability System. 

8 ‘‘(d) At the beginning of each fiscal year, beginning 

9 on October 1, 2008, the Director shall notify the Secretary 

10 of the Treasury of the amount of the first installment 

11 under the most recent amortization schedule established 

12 under subsection (c). The Secretary shall credit that 

13 amount to the Fund, as a Government contribution, out 

14 of any money in the Treasury of the United States not 

15 otherwise appropriated. For the purposes of Section 504 

16 of the National Security Act of 1947, this amount shall 

17 be considered authorized.’’. 

18 (e)(1) Title III of such Act (50 U.S.C. 2151 et seq.) 

19 is amended by adding at the end the following new section: 

20 ‘‘SEC. 308. FULL FUNDING OF RETIREE COSTS FOR EM21 PLOYEES DESIGNATED UNDER SECTION 302. 

22 ‘‘(a) In addition to other government contributions 

23 required by law, the Agency shall contribute to the Civil 

24 Service Retirement and Disability fund (hereinafter in this 

25 section referred to as the ‘Fund’) amounts calculated in 

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1 accordance with section 8423 of title 5, United States 

2 Code, based on the projected number of employees to be 

3 designated pursuant to section 302 of this Act. In addi4 tion, the Agency, in a manner similar to that established 

5 for employee contributions to the Fund by section 8422 

6 of title 5, United States Code, will contribute an amount 

7 equal to the difference between that which would be con8 tributed by the number of employees projected to be des9 ignated under section 302 and the amounts that are actu10 ally being deducted and contributed from the basic pay 

11 of an equal number of employees pursuant to section 

12 8422. The amounts of the Agency’s contributions under 

13 this subsection shall be determined by the Director of the 

14 Office of Personnel Management, in consultation with the 

15 Director, and shall be paid by the Agency from funds 

16 available for salaries and expenses. Agency employees des17 ignated pursuant to section 302 of this Act shall, com18 mencing with such designation, have deducted from their 

19 basic pay the full amount required by section 8422 of title 

20 5, United States Code, and such deductions shall be con21 tributed to the Fund. 

22 ‘‘(b)(1) The Director of the Office of Personnel Man23 agement, in consultation with the Director, shall deter24 mine the total amount of unpaid contributions (govern25 ment and employee contributions) and interest attribmstockstill on PROD1PC66 with BILLS

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1 utable to the number of individuals employed with the 

2 Agency on September 30, 2008, who are projected to be 

3 designated under section 302 of this Act, but are not yet 

4 designated under that section as of that date. The amount 

5 shall be referred to as the section 302 unfunded liability. 

6 ‘‘(2) Not later than June 30, 2009, the Director of 

7 the Office of Personnel Management, in consultation with 

8 the Director, shall establish an amortization schedule, set9 ting forth a series of annual installments commencing 

10 September 30, 2009, which provides for the liquidation of 

11 the section 302 unfunded liability by September 30, 2016. 

12 ‘‘(3) At the end of each fiscal year, beginning on Sep13 tember 30, 2009, the Director shall notify the Secretary 

14 of the Treasury of the amount of the annual installment 

15 under the amortization schedule established under para16 graph (2) of this subsection. Before closing the accounts 

17 for that fiscal year, the Secretary shall credit that amount 

18 to the Fund, out of any money in the Treasury of the 

19 United States not otherwise appropriated. 

20 ‘‘(c) Amounts paid by the Agency pursuant to this 

21 section are deemed to be specifically authorized by the 

22 Congress for the purposes of section 504 of the National 

23 Security Act of 1947.’’. 

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1 (2) The table of contents of such Act is amended by 

2 inserting after the item relating to section 307 the fol3 lowing new item: 

‘‘Sec. 308. Full funding of retiree costs for employees designated under section 

302.’’. 

4 SEC. 403. FOREIGN SERVICE RETIREMENT AND DISABILITY 

5 SYSTEM. 

6 (a) Chapter 8 of title I of the Foreign Service Act 

7 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

8 94 Stat. 2071, as amended, is further amended in section 

9 804 (22 U.S.C. 4044)— 

10 (1) by amending paragraph (5) to read as fol11 lows: 

12 ‘‘(5) ‘normal cost percentage’ means the entry13 age normal cost computed in accordance with gen14 erally accepted actuarial practice and standards 

15 (using dynamic assumptions) and expressed as a 

16 level percentage of aggregate basic pay.’’; 

17 (2) by amending paragraph (14) to read as fol18 lows: 

19 ‘‘(14) ‘unfunded liability’ means the estimated 

20 excess of— 

21 ‘‘(A) the actuarial present value of all fu22 ture benefits payable from the Fund under this 

23 part based on the service of current or former 

24 participants, over 

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1 ‘‘(B) the sum of— 

2 ‘‘(i) the actuarial present value of de3 ductions to be withheld from the future 

4 basic pay of participants currently subject 

5 to this part pursuant to section 805; 

6 ‘‘(ii) the actuarial present value of the 

7 future contributions to be made pursuant 

8 to section 805 with respect to participants 

9 currently subject to this part; 

10 ‘‘(iii) the Fund balance, as defined in 

11 paragraph (7), as of the date the unfunded 

12 liability is determined, excluding any 

13 amount attributable to the Foreign Service 

14 Pension System, or contributions made 

15 under the Federal Employees’ Retirement 

16 Contribution Temporary Adjustment Act 

17 of 1983 by or on behalf of any individual 

18 who became subject to the Foreign Service 

19 Pension System; and 

20 ‘‘(iv) any other appropriate amount, 

21 as determined by the Secretary of the 

22 Treasury in accordance with generally ac23 cepted actuarial practices and principles.’’; 

24 and 

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1 (3)(A) by striking the period at the end of 

2 paragraph (15) and inserting ‘‘; and’’; and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(16) ‘dynamic assumptions’ means economic 

6 assumptions that are used in determining actuarial 

7 costs and liabilities of a retirement system and in 

8 anticipating the effects of long-term future— 

9 ‘‘(A) investment yields; 

10 ‘‘(B) increases in rates of basic pay; and 

11 ‘‘(C) rates of price inflation.’’. 

12 (b) Chapter 8 of title I of the Foreign Service Act 

13 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

14 94 Stat. 2071, as amended, is further amended in section 

15 852 (22 U.S.C. 4071a)— 

16 (1) in paragraph (4)— 

17 (A) by striking ‘‘normal cost’’ and insert18 ing ‘‘normal cost percentage’’; and 

19 (B) by striking ‘‘by the Secretary of 

20 State’’; 

21 (2) in paragraph (7)— 

22 (A) by striking ‘‘supplemental’’ and insert23 ing ‘‘unfunded’’; 

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1 (B) in subparagraph (B)(i) by striking 

2 ‘‘(I)’’ and ‘‘and (II) contributions for past civil3 ian and military service’’; and 

4 (C) in subparagraph (B)(ii) by inserting 

5 before the semicolon ‘‘with respect to partici6 pants currently subject to this part’’; and 

7 (3)(A) at the end of paragraph (8) by striking 

8 ‘‘and’’; 

9 (B) at the end of paragraph (9) by striking the 

10 period and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 paragraph: 

13 ‘‘(10) ‘dynamic assumptions’ means economic 

14 assumptions that are used in determining actuarial 

15 costs and liabilities of a retirement system and in 

16 anticipating the effects of long-term future— 

17 ‘‘(A) investment yields; 

18 ‘‘(B) increases in rates of basic pay; and 

19 ‘‘(C) rates of price inflation.’’. 

20 (c) Chapter 8 of title I of the Foreign Service Act 

21 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

22 94 Stat. 2071, as amended, is further amended in section 

23 805(a)(1) (22 U.S.C. 4045(a)(i))— 

24 (1) by striking the second sentence; 

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1 (2) (by redesignating that subsection, as so 

2 amended, as (a)(1)(A); 

3 (3) by redesignating the last sentence of that 

4 subsection, as so amended as (a)(1)(C); 

5 (4) by inserting after subparagraph (A) the fol6 lowing new subparagraph: 

7 ‘‘(B) Each employing agency having par8 ticipants shall contribute to the Fund the 

9 amount computed in a manner similar to that 

10 used under section 8334(a) of title 5, United 

11 States Code, pursuant to determinations of the 

12 normal cost percentage of the Foreign Service 

13 Retirement and Disability System. Contribu14 tions under this subparagraph shall be paid 

15 from the appropriations or fund used for pay16 ment of the salary of the participant.’’; 

17 (5) in subsection (a)(2)(A) by striking ‘‘An 

18 equal amount shall be contributed by the Depart19 ment’’ and inserting in its place ‘‘Each employing 

20 agency having participants shall contribute to the 

21 Fund the amount computed in a manner similar to 

22 that used under section 8334(a) of title 5, United 

23 States Code, pursuant to determinations of the nor24 mal cost percentage of the Foreign Service Retire25 ment and Disability System’’; and 

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1 (6) in subsection (a)(2)(B) by striking ‘‘An 

2 equal amount shall be contributed by the Depart3 ment’’ and inserting in its place ‘‘Each employing 

4 agency having participants shall contribute to the 

5 Fund from amounts available for salaries and ex6 penses the amount computed in a manner similar to 

7 that used under section 8334(a) of title 5, United 

8 States Code, pursuant to determinations of the nor9 mal cost percentage of the Foreign Service Retire10 ment and Disability System’’. 

11 (d) Chapter 8 of title I of the Foreign Service Act 

12 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

13 94 Stat. 2071, as amended, is further amended by repeal14 ing sections 821 and 822 (22 U.S.C. 4061 and 4062) and 

15 by adding the following new section: 

16 ‘‘§ 821 Unfunded liability 

17 ‘‘(a)(1) Not later than June 30, 2008, the Secretary 

18 of State shall cause to be made actuarial valuations of the 

19 Fund that determine the unfunded liability of the Fund, 

20 as of September 30, 2007, attributable to benefits payable 

21 under this subchapter and make recommendations regard22 ing its liquidation. After considering such recommenda23 tions, the Secretary of State shall establish an amortiza24 tion schedule, including a series of annual installments 

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1 commencing October 1, 2007, which provides for the liq2 uidation of such liability by October 1, 2046. 

3 ‘‘(2) The Secretary of State shall redetermine the un4 funded liability of the Fund as of the close of the fiscal 

5 year, for each fiscal year beginning after September 30, 

6 2007, through the fiscal year ending September 30, 2041, 

7 and shall establish a new amortization schedule, including 

8 a series of annual installments commencing on October 1 

9 of the second subsequent fiscal year, which provides for 

10 the liquidation of such liability by October 1, 2046. 

11 ‘‘(3) The Secretary of State shall redetermine the un12 funded liability of the Fund as of the close of the fiscal 

13 year for each fiscal year beginning after September 30, 

14 2041, and shall establish a new amortization schedule, in15 cluding a series of annual installments commencing on Oc16 tober 1 of the second subsequent fiscal year, which pro17 vides for the liquidation of such liability over five years. 

18 ‘‘(4) Amortization schedules established under this 

19 subsection shall be set in accordance with generally accept20 ed actuarial practices and principles, with interest com21 puted at the rate used in the most recent valuation of the 

22 Foreign Service Retirement and Disability System. 

23 ‘‘(b) At the beginning of each fiscal year, beginning 

24 on October 1, 2008, the Secretary of State shall notify 

25 the Secretary of the Treasury of the amount of the first 

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1 installment under the most recent amortization schedule 

2 established under paragraph (1). The Secretary of the 

3 Treasury shall credit that amount to the Fund, as a Gov4 ernment contribution, out of any money in the Treasury 

5 of the United States not otherwise appropriated.’’. 

6 (e) Chapter 8 of title I of the Foreign Service Act 

7 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

8 94 Stat. 2071, as amended, is further amended in section 

9 857(b)(1) (22 U.S.C. 4071f(b)(1)) by striking ‘‘equal an10 nual installments’’ and inserting ‘‘annual installments set 

11 in accordance with generally accepted actuarial practices 

12 and principles’’. 

13 (f) Chapter 8 of title I of the Foreign Service Act 

14 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

15 94 Stat. 2071, as amended, is further amended in section 

16 859 (22 U.S.C. 4071h) by adding ‘‘percentage’’ after 

17 ‘‘normal cost’’. 

18 (g) Chapter 8 of title I of the Foreign Service Act 

19 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

20 94 Stat. 2071, as amended, is further amended in section 

21 802 (22 U.S.C. 4042) by adding at the end the following: 

22 ‘‘The Fund is appropriated for the payment of benefits 

23 as provided by this subchapter.’’. 

24 (h) Chapter 8 of title I of the Foreign Service Act 

25 of 1980, Public Law 96–465, (22 U.S.C. 4041 et seq.) 

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1 94 Stat. 2071, as amended, is further amended in section 

2 818 (22 U.S.C. 4058) by striking ‘‘System’’ and inserting 

3 ‘‘Systems under this subchapter’’. 

4 SEC. 404. PUBLIC HEALTH SERVICE COMMISSIONED CORPS 

5 RETIREMENT SYSTEM. 

6 (a) IN GENERAL.—Title II of the Public Health Serv7 ice Act (42 U.S.C. 202 et seq.) is amended by adding at 

8 the end the following new part: 

9 ‘‘PART C—PUBLIC HEALTH SERVICE COMMISSIONED

10 CORPS RETIREMENT SYSTEM

11 ‘‘ESTABLISHMENT AND PURPOSE OF FUND

12 ‘‘SEC. 251. There is established on the books of the 

13 Treasury a fund to be known as the Public Health Service 

14 Commissioned Corps Retirement Fund (hereinafter in this 

15 part referred to as the ‘Fund’), which shall be adminis16 tered by the Secretary. The Fund shall be used for the 

17 accumulation of funds in order to finance on an actuarially 

18 sound basis liabilities of the Department of Health and 

19 Human Services for benefits payable on account of retire20 ment, disability, or death to commissioned officers of the 

21 Public Health Service and to their survivors pursuant to 

22 part A of this title. 

23 ‘‘ASSETS OF THE FUND

24 ‘‘SEC. 252. There shall be deposited into the Fund 

25 the following, which shall constitute the assets of the 

26 Fund: 

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1 ‘‘(1) Amounts paid into the Fund under section 

2 255. 

3 ‘‘(2) Any return on investment of the assets of 

4 the Fund. 

5 ‘‘(3) Amounts transferred into the Fund pursu6 ant to section 404(c) of the Family Budget Protec7 tion Act of 2007. 

8 ‘‘PAYMENT FROM THE FUND

9 ‘‘SEC. 253. There shall be paid from the Fund bene10 fits payable on account of retirement, disability, or death 

11 to commissioned officers of the Public Health Service and 

12 to their survivors pursuant to part A of this title. 

13 ‘‘DETERMINATION OF CONTRIBUTIONS TO THE FUND

14 ‘‘SEC. 254. (a)(1) Not later than June 30, 2008, the 

15 Secretary shall determine the unfunded liability of the 

16 Fund attributable to service performed as of September 

17 30, 2007, which is ‘active service’ for the purpose of sec18 tion 212. The Secretary shall establish an amortization 

19 schedule, including a series of annual installments com20 mencing October 1, 2008, which provides for the liquida21 tion of such liability by October 1, 2046. 

22 ‘‘(2) The Secretary shall redetermine the unfunded 

23 liability of the Fund as of the close of the fiscal year, for 

24 each fiscal year beginning after September 30, 2007, 

25 through the fiscal year ending September 30, 2041, and 

26 shall establish a new amortization schedule, including a 

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1 series of annual installments commencing on October 1 

2 of the second subsequent fiscal year, which provides for 

3 the liquidation of such liability by October 1, 2046. 

4 ‘‘(3) The Secretary shall redetermine the unfunded 

5 liability of the Fund as of the close of the fiscal year for 

6 each fiscal year beginning after September 30, 2041, and 

7 shall establish a new amortization schedule, including a 

8 series of annual installments commencing on October 1 

9 of the second subsequent fiscal year, which provides for 

10 the liquidation of such liability over 5 years. 

11 ‘‘(b) The Secretary shall determine each fiscal year, 

12 in sufficient time for inclusion in the budget request for 

13 the following fiscal year, the total amount of Department 

14 of Health and Human Services contributions to be made 

15 to the Fund during the fiscal year under section 255(a). 

16 That amount shall be the sum of— 

17 ‘‘(1) the product of— 

18 ‘‘(A) the current estimate of the value of 

19 the single level percentage of basic pay to be de20 termined under subsection (c)(1) at the time of 

21 the most recent actuarial valuation under sub22 section (c); and 

23 ‘‘(B) the total amount of basic pay ex24 pected to be paid during that fiscal year to 

25 commissioned officers of the Public Health 

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1 Service on active duty (other than active duty 

2 for training); and 

3 ‘‘(2) the product of— 

4 ‘‘(A) the current estimate of the value of 

5 the single level percentage of basic pay and of 

6 compensation (paid pursuant to section 206 of 

7 title 37, United States Code) to be determined 

8 under subsection (c)(2) at the time of the most 

9 recent actuarial valuation under subsection (c); 

10 and 

11 ‘‘(B) the total amount of basic pay and of 

12 compensation (paid pursuant to section 206 of 

13 title 37, United States Code) expected to be 

14 paid during the fiscal year to commissioned of15 ficers of the Reserve Corps of the Public Health 

16 Service (other than officers on full-time duty 

17 other than for training) who are not otherwise 

18 described in subparagraph (A). 

19 ‘‘(c) Not less often than every four years thereafter 

20 (or by the fiscal year end prior to the effective date of 

21 any statutory change affecting benefits payable on account 

22 of retirement, disability, or death to commissioned officers 

23 or their survivors), the Secretary shall carry out an actu24 arial valuation of benefits payable on account of retire25 ment, disability, or death to commissioned officers of the 

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1 Public Health Service and to their survivors pursuant to 

2 part A of this title. Each such actuarial valuation shall 

3 be signed by an enrolled Actuary and shall include— 

4 ‘‘(1) a determination (using the aggregate 

5 entry-age normal cost method) of a single level per6 centage of basic pay for commissioned officers of the 

7 Public Health Service on active duty (other than ac8 tive duty for training); and 

9 ‘‘(2) a determination (using the aggregate 

10 entry-age normal cost method) of a single level per11 centage of basic pay and of compensation (paid pur12 suant to section 206 of title 37, United States Code) 

13 of commissioned officers of the Reserve Corps of the 

14 Public Health Service (other than officers on full 

15 time duty other than for training) who are not oth16 erwise described in paragraph (1). 

17 ‘‘(d) All determinations under this section shall be in 

18 accordance with generally accepted actuarial principles 

19 and practices and, where appropriate, shall follow the gen20 eral pattern of methods and assumptions approved by the 

21 Department of Defense Retirement Board of Actuaries. 

22 ‘‘(e) The Secretary shall provide for the keeping of 

23 such records as are necessary for determining the actu24 arial status of the Fund. 

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1 ‘‘PAYMENTS INTO THE FUND

2 ‘‘SEC. 255. (a) From amounts available to the De3 partment of Health and Human Services for salaries and 

4 expenses, the Secretary shall pay into the Fund at the end 

5 of each month the amount that is the sum of— 

6 ‘‘(1) the product of— 

7 ‘‘(A) the level percentage of basic pay de8 termined using all the methods and assump9 tions approved for the most recent (as of the 

10 first day of the current fiscal year) actuarial 

11 valuation under sections 254(c)(1) (except that 

12 any statutory change affecting benefits payable 

13 on account of retirement, disability, or death to 

14 commissioned officers or their survivors that is 

15 effective after the date of that valuation and on 

16 or before the first day of the current fiscal year 

17 shall be used in such determination); and 

18 ‘‘(B) the total amount of basic pay accrued 

19 for that month by commissioned officers of the 

20 Public Health Service on active duty (other 

21 than active duty for training); and 

22 ‘‘(2) the product of— 

23 ‘‘(A) the level percentage of basic pay and 

24 of compensation (paid pursuant to section 206 

25 of title 37, United States Code) determined 

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1 using all the methods and assumptions ap2 proved for the most recent (as of the first day 

3 of the current fiscal year) actuarial valuation 

4 under section 254(c)(2) (except that any statu5 tory change affecting benefits payable on ac6 count of retirement, disability, or death to com7 missioned officers or their survivors that is ef8 fective after the date of that valuation and on 

9 or before the first day of the current fiscal year 

10 shall be used in such determinations); and 

11 ‘‘(B) the total amount of basic pay and of 

12 compensation (paid pursuant to section 206 of 

13 title 37, United States Code) accrued for that 

14 month by commissioned officers of the Reserve 

15 Corps of the Public Health Service (other than 

16 officers on full-time duty other than for train17 ing). 

18 ‘‘(b) At the beginning of each fiscal year, beginning 

19 on October 1, 2008, the Secretary shall certify to the Sec20 retary of the Treasury the amount of the first installment 

21 under the most recent amortization schedule established 

22 under section 254(a). The Secretary of the Treasury shall 

23 pay into the Fund from the General Fund of the Treasury 

24 the amount so certified. Such payment shall be the con25 tribution to the Fund for that fiscal year. 

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1 ‘‘INVESTMENTS OF ASSETS OF FUND

2 ‘‘SEC. 256. The Secretary may request the Secretary 

3 of the Treasury to invest such portion of the Fund as is 

4 not, in the judgment of the Secretary, required to meet 

5 the current needs of the Fund. Such investments shall be 

6 made by the Secretary of the Treasury in public debt secu7 rities with maturities suitable to the needs of the Fund, 

8 as determined by the Secretary, and bearing interest at 

9 rates determined by the Secretary of the Treasury, taking 

10 into consideration current market yields on outstanding 

11 marketable obligations of the United States of comparable 

12 maturities. The income on such investments shall be cred13 ited to and form a part of the Fund. 

14 ‘‘IMPLEMENTATION YEAR EXCEPTIONS

15 ‘‘SEC. 257. (a) To avoid funding shortfalls in the first 

16 year should formal actuarial determinations not be avail17 able in time for budget preparation, the amounts used in 

18 the first year in sections 255(a)(1)(A) and 255(a)(2)(A) 

19 shall be set equal to those estimates in sections 

20 254(b)(1)(A) and 254(b)(2)(A) if final determinations are 

21 not available. The original unfunded liability as defined 

22 in section 254(a) shall include an adjustment to correct 

23 for this difference between the formal actuarial determina24 tions and the estimates in sections 254(b)(1)(A) and 

25 254(b)(2)(A).’’. 

26 (b) CONFORMING AMENDMENTS.— 

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1 (1) CONDITION OF DETAIL.—Section 214 of the 

2 Public Health Service Act (42 U.S.C. 215) is 

3 amended by adding at the end the following new 

4 subsection: 

5 ‘‘(e) The Secretary shall condition any detail under 

6 subsection (a), (b), or (c) upon the agreement of the exec7 utive department, State, subdivision, Committee of the 

8 Congress, or institution concerned to pay to the Depart9 ment of Health and Human Services, in advance or by 

10 way of reimbursement, for the full cost of the detail in11 cluding that portion of the contributions under section 

12 255(a) that is attributable to the detailed personnel.’’. 

13 (2) SEQUESTRATION RULE.—Section 256(f) of 

14 the Balanced Budget and Emergency Deficit Control 

15 Act of 1985 (2 U.S.C. 906(f)) is amended— 

16 (A) by inserting after the item relating to 

17 ‘‘payment to the foreign service retirement and 

18 disability fund’’ the following item: ‘‘Payment 

19 to the Public Health Service Commissioned 

20 Corps Retirement Fund (75–0380–0–1–551);’’; 

21 and 

22 (B) by inserting after the item relating to 

23 the ‘‘Pensions for former Presidents’’ the fol24 lowing item: ‘‘Public Health Service Commismstockstill on PROD1PC66 with BILLS

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1 sioned Corps Retirement Fund (75–8274–0–7– 

2 602);’’. 

3 (c) TRANSFER OF APPROPRIATIONS.—There shall be 

4 transferred on October 1, 2009, into the fund established 

5 under section 251 of the Public Health Service Act, as 

6 added by subsection (a), any obligated or unobligated bal7 ances of appropriations made to the Department of Health 

8 and Human Services that are currently available for bene9 fits payable on account of retirement, disability, or death 

10 to commissioned officers of the Public Health Service and 

11 to their survivors pursuant to part A of title II of the Pub12 lic Health Service Act, and amounts so transferred shall 

13 be part of the assets of the Fund. 

14 SEC. 405. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN15 ISTRATION COMMISSIONED OFFICER CORPS 

16 RETIREMENT SYSTEM. 

17 (a) IN GENERAL.—The National Oceanic and Atmos18 pheric Administration Commissioned Officer Corps Act of 

19 2002 (title II of Public Law 107–372) is amended by in20 serting after section 246 (33 U.S.C. 3046) the following 

21 new section: 

22 ‘‘SEC. 246A. 

23 ‘‘(a) ESTABLISHMENT AND PURPOSE OF NOAA 

24 COMMISSIONED OFFICER CORPS RETIREMENT FUND.— 

25 (1) There is established on the books of the Treasury a 

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1 fund to be known as the National Oceanic and Atmos2 pheric Administration Commissioned Officer Corps Retire3 ment Fund (hereinafter in this section referred to as the 

4 ‘Fund’), which shall be administered by the Secretary. The 

5 Fund shall be used for the accumulation of funds in order 

6 to finance on an actuarially sound basis liabilities of the 

7 Department of Commerce under military retirement and 

8 survivor benefit programs for the commissioned officers 

9 corps. 

10 ‘‘(2) The term ‘military retirement and survivor ben11 efit program’ means— 

12 ‘‘(A) the provisions of this title and title 10, 

13 United States Code, creating entitlement to, or de14 termining, the amount of retired pay; 

15 ‘‘(B) the programs under the jurisdiction of the 

16 Department of Defense providing annuities for sur17 vivors and members and former members of the 

18 Armed Forces, including chapter 73 of title 10, sec19 tion 4 of Public Law 92–425, and section 5 of Pub20 lic Law 96–202, as made applicable to the commis21 sioned officer corps by section 261. 

22 ‘‘(b) ASSETS OF THE FUND.—There shall be depos23 ited into the Fund the following, which shall constitute 

24 the assets of the Fund: 

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1 ‘‘(1) Amounts paid into the Fund under sub2 section (e). 

3 ‘‘(2) Any return on investment of the assets of 

4 the Fund. 

5 ‘‘(3) Amounts transferred into the Fund pursu6 ant to section 405(c) of the Family Budget Protec7 tion Act of 2007. 

8 ‘‘(c) PAYMENTS FROM THE FUND.—There shall be 

9 paid from the Fund benefits payable on account of mili10 tary retirement and survivor benefit programs to commis11 sioned officers of the commissioned officer corps and their 

12 survivors. 

13 ‘‘(d) DETERMINATION OF CONTRIBUTIONS TO THE

14 FUND.—(1)(A) Not later than June 30, 2007, the Sec15 retary shall determine the unfunded liability of the Fund 

16 attributable to service performed as of September 30, 

17 2007, which is ‘active service’ for the purpose of this title. 

18 The Secretary shall establish an amortization schedule, in19 cluding a series of annual installments commencing Octo20 ber 1, 2008, which provides for the liquidation of such 

21 liability by October 1, 2046. 

22 ‘‘(B) The Secretary shall redetermine the unfunded 

23 liability of the Fund as of the close of the fiscal year, for 

24 each fiscal year beginning after September 30, 2007, 

25 through the fiscal year ending September 30, 2041, and 

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1 shall establish a new amortization schedule, including a 

2 series of annual installments commencing on September 

3 30 of the subsequent fiscal year, which provides for the 

4 liquidation of such liability by October 1, 2046. 

5 ‘‘(C) The Secretary shall redetermine the unfunded 

6 liability of the Fund as of the close of the fiscal year for 

7 each fiscal year beginning after September 30, 2041, and 

8 shall establish a new authorization schedule, including se9 ries of annual installments commencing on October 1 of 

10 the second subsequent fiscal year, which provides for the 

11 liquidation of such liability over 5 years. 

12 ‘‘(2) The Secretary shall determine each fiscal year, 

13 in sufficient time for inclusion in the budget request for 

14 the following fiscal year, the total amount of Department 

15 of Commerce contributions to be made to the Fund during 

16 that fiscal year under (e). The amount shall be the product 

17 of— 

18 ‘‘(A) the current estimate of the value of the 

19 single level percentage of basic pay to be determined 

20 under subsection (e) at the time of the most recent 

21 actuarial valuation under paragraph (3); and 

22 ‘‘(B) the total amount of basic pay expected to 

23 be paid during that fiscal year to commissioned offi24 cers of NOAA on active duty. 

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1 ‘‘(3) Not less often then every four years (or by the 

2 fiscal year end before the effective date of any statutory 

3 change affecting benefits payable on account of retire4 ment, disability, or death to commissioned officers or their 

5 survivors), the Secretary shall carry out an actuarial valu6 ation of benefits payable on account of military retirement 

7 and survivor benefit programs to commissioned officers of 

8 the Administration and to their survivors. Each such actu9 arial valuation shall be signed by an enrolled Actuary and 

10 shall include a determination (using the aggregate entry11 age normal cost method) of a single level percentage of 

12 basic pay for commissioned officers on active duty. 

13 ‘‘(4) All determinations under this section shall be in 

14 accordance with generally accepted actuarial principles 

15 and practices, and, where appropriate, shall follow the 

16 general pattern of methods and assumptions approved by 

17 the Department of Defense Retirement Board of Actu18 aries. 

19 ‘‘(5) The Secretary shall provide for the keeping of 

20 such records as are necessary for determining the actu21 arial status of the Fund. 

22 ‘‘(e) PAYMENTS INTO THE FUND.—(1) From 

23 amounts appropriated to the National Oceanic Atmos24 pheric Administration for salaries and expenses, the Secmstockstill on PROD1PC66 with BILLS

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1 retary shall pay into the Fund at the end of each month 

2 the amount that is the product of— 

3 ‘‘(A) the level percentage of basic pay deter4 mined using all the methods and assumptions ap5 proved for the most recent (as of the first day of the 

6 current fiscal year) actuarial valuation under sub7 section (d) (except that any statutory change affect8 ing benefits payable on account of military retire9 ment and survivor benefit programs to commissioned 

10 officers of the Administration and to their survivors 

11 that is effective date after the date of that valuation 

12 and on or before the first day of the current fiscal 

13 year shall be used in such determination); and 

14 ‘‘(B) the total amount of basic pay accrued for 

15 that month by commissioned officers on active duty. 

16 ‘‘(2)(A) At the beginning of each fiscal year, the Sec17 retary shall determine the sum of— 

18 ‘‘(i) the amount of the payment for that year 

19 under the amortization of the original unfunded li20 ability of the Fund; 

21 ‘‘(ii) the amount (including any negative 

22 amount) for that year under the most recent amorti23 zation schedule determined by the Secretary for the 

24 amortization of any cumulative actuarial gain or loss 

25 to the Fund, resulting from changes in benefits; and 

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1 ‘‘(iii) the amount (including any negative 

2 amount) for that year under the most recent amorti3 zation schedule determined by the Secretary for the 

4 amortization or any cumulative actuarial gain or loss 

5 to the Fund resulting from changes in actuarial as6 sumptions and from experience different from the 

7 assumed since the last valuation. 

8 The Secretary shall promptly certify the amount of the 

9 sum to the Secretary of the Treasury. 

10 ‘‘(B) Upon receiving the certification pursuant to 

11 paragraph (1), the Secretary of the Treasury shall 

12 promptly pay into the Fund from the General Fund of 

13 the Treasury the amount so certified. Such payment shall 

14 be the contribution to the Fund for that fiscal year. 

15 ‘‘(f) INVESTMENT OF ASSETS OF THE FUND.—The 

16 Secretary may request the Secretary of the Treasury to 

17 invest such portion of the Fund as is not, in the judgment 

18 of the Secretary, required to meet the current needs of 

19 the Fund. Such investments shall be made by the Sec20 retary of the Treasury in public debt securities with matu21 rities suitable to the needs of the Fund, as determined 

22 by the Secretary, and bearing interest at rates determined 

23 by the Secretary of the Treasury, taking into consideration 

24 current market yields on outstanding marketable obliga25 tions of the United States of comparable maturities. The 

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1 income of such investments shall be credited to and form 

2 a part of the Fund. 

3 ‘‘(g) IMPLEMENTATION YEAR EXCEPTIONS.—(1) To 

4 avoid funding shortfalls in the first year should formal ac5 tuarial determinations not be available in time for budget 

6 preparation, the amounts used in the first year in sub7 section (e)(1)(A) shall be set equal to the estimate in sub8 section (d)(2)(A) if final determinations are not available. 

9 The original unfunded liability as determined in sub10 section (d)(1) shall include an adjustment to correct for 

11 this difference between the formal actuarial determina12 tions and the estimates in subsection (d)(2)(A).’’. 

13 (b) SEQUESTRATION RULE.—Section 256(f) of the 

14 Balanced Budget and Emergency Deficit Control Act of 

15 1985 (2 U.S.C. 906(f)) is amended by striking ‘‘National 

16 Oceanic and Atmospheric Administration retirement (13– 

17 1450–0–1–306);’’ and inserting ‘‘National Oceanic and 

18 Atmospheric Administration Commissioned Officer Corps 

19 Retirement Fund;’’. 

20 (c) TRANSFER OF APPROPRIATIONS.—There shall be 

21 transferred on October 1, 2009, into the fund established 

22 under section 246A(a) of the National Oceanic and At23 mospheric Administration Commissioned Officer Corps 

24 Act of 2002 (title II of Public Law 107–372, as added 

25 by subsection (a)), any obligated and unobligated balance 

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1 of appropriations made to the Department of Commerce 

2 that are available as of the date of the enactment of this 

3 Act for benefits payable on account of military retirement 

4 and survivor benefit programs to commissioned officers of 

5 the NOAA Commissioned Officer Corps and to their sur6 vivors, and amounts so transferred shall be part of the 

7 assets of the Fund, effective October 1, 2009. 

8 (d) EFFECTIVE DATE.—Subsection (c) (relating to 

9 payments from the Fund) and (e) (relating to payments 

10 into the Fund) of section 246A of the National Oceanic 

11 and Atmospheric Administration Commissioned Officer 

12 Corps Act of 2002 (title II of Public Law 107–372, as 

13 added by subsection (a)), shall take effect on October 1, 

14 2007. 

15 SEC. 406. COAST GUARD MILITARY RETIREMENT SYSTEM. 

16 (a) ACCRUAL FUNDING FOR COAST GUARD RETIRE17 MENT.— 

18 (1) IN GENERAL.—Chapter 11 of title 14, 

19 United States Code, is amended by adding at the 

20 end the following new subchapter: 

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1 ‘‘SUBCHAPTER V—COAST GUARD MILITARY 

2 RETIREMENT FUND 

3 ‘‘§ 441. Establishment and purpose of Fund; defini4 tions 

5 ‘‘(a) ESTABLISHMENT OF FUND; PURPOSE.—There 

6 is established on the books of the Treasury a fund to be 

7 known as the Coast Guard Military Retirement Fund 

8 (hereinafter in this subchapter referred to as the ‘Fund’), 

9 which shall be administered by the Secretary. The Fund 

10 shall be used for the accumulations of funds in order to 

11 finance on an actuarially sound basis liabilities of the 

12 Coast Guard under military retirement and survivor ben13 efit programs. 

14 ‘‘(b) MILITARY RETIREMENT AND SURVIVOR BEN15 EFIT PROGRAMS DEFINED.—In this subchapter, the term 

16 ‘military retirement and survivor benefit programs’ 

17 means— 

18 ‘‘(1) the provisions of this title and title 10 cre19 ating entitlement to, or determining the amount of, 

20 retired pay; 

21 ‘‘(2) the programs providing annuities for sur22 vivors of members and former members of the 

23 armed forces, including chapter 73 of title 10, sec24 tion 4 of Public Law 92–425, and section 5 of Pub25 lic Law 96–402; and 

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1 ‘‘(3) the authority provided in section 1048(h) 

2 of title 10. 

3 ‘‘(c) SECRETARY DEFINED.—In this subchapter, the 

4 term ‘Secretary’ means the Secretary of Homeland Secu5 rity when the Coast Guard is not operating as a service 

6 in the Navy and the Secretary of Defense when the Coast 

7 Guard is operating as a service in the Navy. 

8 ‘‘§ 442. Assets of the Fund 

9 ‘‘There shall be deposited into the Fund the fol10 lowing, which shall constitute the assets of the Fund: 

11 ‘‘(1) Amounts paid into the Fund under section 

12 445 of this title. 

13 ‘‘(2) Any return on investment of the assets of 

14 the Fund. 

15 ‘‘(3) Amounts transferred into the Fund pursu16 ant to section 406(d) of the Family Budget Protec17 tion Act of 2007. 

18 ‘‘§ 443. Payments from the Fund 

19 ‘‘(a) IN GENERAL.—There shall be paid from the 

20 Fund the following: 

21 ‘‘(1) Retired pay payable to persons on the re22 tired list of the Coast Guard. 

23 ‘‘(2) Retired pay payable under chapter 1223 of 

24 title 10 to former members of the Coast Guard and 

25 the former United States Lighthouse Service. 

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1 ‘‘(3) Benefits payable under programs that pro2 vide annuities for survivors of members and former 

3 members of the armed forces, including chapter 73 

4 of title 10, section 4 of Public Law 92–425, and sec5 tion 5 of Public Law 96–402. 

6 ‘‘(4) Amounts payable under section 1048(h) of 

7 title 10. 

8 ‘‘(b) AVAILABILITY OF ASSETS OF THE FUND.—The 

9 assets of the Fund are hereby made available for payments 

10 under subsection (a). 

11 ‘‘§ 444. Determination of contributions to the Fund 

12 ‘‘(a) INITIAL UNFUNDED LIABILITY.—(1) Not later 

13 than June 30, 2008, the Secretary shall determine the un14 funded liability of the Fund attributable to service per15 formed as of September 30, 2007, which is ‘active service’ 

16 for the purposes of section 212. The Secretary shall estab17 lish an amortization schedule, including a series of annual 

18 installments commencing October 1, 2008, which provides 

19 for the liquidation of such liability by October 1, 2046. 

20 ‘‘(2) The Secretary shall redetermine the unfunded 

21 liability of the Fund as of the close of the fiscal year, for 

22 each beginning after September 30, 2007, through the fis23 cal year ending September 30, 2041, and shall establish 

24 a new amortization schedule, including a series of annual 

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1 sequent fiscal year, which provides for the liquidation of 

2 such liability by October 1, 2046. 

3 ‘‘(3) The Secretary shall redetermine the unfunded 

4 liability of the Fund as of the close of the fiscal year for 

5 each fiscal year beginning after September 30, 2041, and 

6 shall establish a new amortization schedule, including a 

7 series of annual installments commencing on October 1 

8 of the second subsequent fiscal year, which provides for 

9 the liquidation of such liability over five years. 

10 ‘‘(b) ANNUAL CONTRIBUTIONS FOR CURRENT SERV11 ICES.—(1) The Secretary shall determine each fiscal year, 

12 in sufficient time for inclusion in the budget request for 

13 the following fiscal year, the total amount of Department 

14 of Homeland Security, or Department of Defense, con15 tributions to be made to the Fund during that fiscal year 

16 under section 445(a) of this title. That amount shall be 

17 the sum of the following: 

18 ‘‘(A) The product of— 

19 ‘‘(i) the current estimate of the value of 

20 the single level percentage of basic pay to be de21 termined under subsection (c)(1)(A) at the time 

22 of the most recent actuarial valuation under 

23 subsection (c); and 

24 ‘‘(ii) the total amount of basic pay ex25 pected to be paid during that fiscal year to 

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1 members of the Coast Guard on active duty 

2 (other than active duty for training). 

3 ‘‘(B) The product of— 

4 ‘‘(i) the current estimate of the value of 

5 the single level percentage of basic pay and of 

6 compensation (paid pursuant to section 206 of 

7 title 37) to be determined under subsection 

8 (c)(1)(B) at the time of the most recent actu9 arial valuation under subsection (c); and 

10 ‘‘(ii) the total amount of basic pay and 

11 compensation (paid pursuant to section 206 of 

12 title 37) expected to be paid during that fiscal 

13 year to members of the Coast Guard Ready Re14 serve (other than members on full-time Reserve 

15 duty other than for training) who are not other16 wise described in subparagraph (A)(ii). 

17 ‘‘(2) The amount determined under paragraph (1) for 

18 any fiscal year is the amount needed to be appropriated 

19 to the Department of Homeland Security for that fiscal 

20 year for payments to be made to the Fund during that 

21 year under section 445(a) of this title. The President shall 

22 include not less than the full amount so determined in the 

23 budget transmitted to Congress for that fiscal year under 

24 section 1105 of title 31. The President may comment and 

25 make recommendations concerning any such amount. 

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1 ‘‘(c) PERIODIC ACTUARIAL VALUATIONS.—(1) Not 

2 less often than every four years (or before the effective 

3 date of any statutory change affecting benefits payable on 

4 account of retirement, disability, or death to members of 

5 the Coast Guard or their survivors), the Secretary shall 

6 carry out an actuarial valuation of the Coast Guard mili7 tary retirement and survivor benefit programs. Each actu8 arial valuation of such programs shall be signed by an en9 rolled actuary and shall include— 

10 ‘‘(A) a determination (using the aggregate 

11 entry-age normal cost method) of a single level per12 centage of basic pay for members of the Coast 

13 Guard on active duty (other than active duty for 

14 training); and 

15 ‘‘(B) a determination (using the aggregate 

16 entry-age normal cost method) of single level per17 centage of basic pay and of compensation (paid pur18 suant to section 206 of title 37) for members of the 

19 Ready Reserve of the Coast Guard (other than mem20 bers on full-time Reserve duty other than for train21 ing) who are not otherwise described in subpara22 graph (A). 

23 ‘‘(2) Such single level percentages shall be used for 

24 the purposes of subsection (b) and section 445(a) of this 

25 title. 

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1 ‘‘(d) USE OF GENERALLY ACCEPTED ACTUARIAL

2 PRINCIPLES AND PRACTICES.—All determinations under 

3 this section shall be in accordance with generally accepted 

4 actuarial principles and practices and, where appropriate, 

5 shall follow the general pattern of methods and assump6 tions approved by the Department of Defense Retirement 

7 Board of Actuaries. 

8 ‘‘(e) RECORDS.—The Secretary shall provide for the 

9 keeping of such records as are necessary for determining 

10 the actuarial status of the Fund. 

11 ‘‘§ 445. Payments into the Fund 

12 ‘‘(a) MONTHLY ACCRUAL CHARGE FOR CURRENT

13 SERVICES.—From amounts appropriated to the Coast 

14 Guard for salaries and expenses, the Secretary shall pay 

15 into the Fund at the end of each month as the Department 

16 of Homeland Security, or Department of Defense, con17 tribution to the Fund for that month the amount that is 

18 the sum of the following: 

19 ‘‘(1) The product of— 

20 ‘‘(A) the level percentage of basic pay de21 termined using all the methods and assump22 tions approved for the most recent (as of the 

23 first day of the current fiscal year) actuarial 

24 valuation under section 444(c)(1)(A) of this 

25 title (except that any statutory change in the 

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1 military retirement and survivor benefit systems 

2 that is effective after the date of that valuation 

3 and on or before the first day of the current fis4 cal year shall be used in such determination); 

5 and 

6 ‘‘(B) the total amount of basic pay accrued 

7 for that month by members of the Coast Guard 

8 on active duty (other than active duty for train9 ing). 

10 ‘‘(2) The product of— 

11 ‘‘(A) the level percentage of basic pay and 

12 compensation (accrued pursuant to section 206 

13 of title 37) determined using all the methods 

14 and assumptions approved for the most recent 

15 (as of the first day of the current fiscal year) 

16 actuarial valuation under section 444(c)(1)(B) 

17 of this title (except that any statutory change 

18 in the military retirement and survivor benefit 

19 systems that is effective after the date of that 

20 valuation and on or before the first day of the 

21 current fiscal year shall be used in such deter22 mination); and 

23 ‘‘(B) the total amount of basic pay and of 

24 compensation (paid pursuant to section 206 of 

25 title 37) accrued for that month by members of 

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1 the Ready Reserve (other than members of full2 time Reserve duty other than for training) who 

3 are not otherwise described in paragraph 

4 (1)(B). 

5 ‘‘(b) ANNUAL PAYMENT FOR UNFUNDED LIABIL6 ITIES.—(1) At the beginning of each fiscal year, beginning 

7 on October 1, 2008, the Secretary shall certify to the Sec8 retary of the Treasury the amount of the first installment 

9 under the most recent amortization schedule established 

10 under section 254(a). The Secretary of the Treasury shall 

11 promptly pay into the Fund from the General Fund of 

12 the Treasury the amount so certified. Such payment shall 

13 be the contribution to the Fund for that fiscal year. 

14 ‘‘§ 446. Investment of assets of the Fund 

15 ‘‘The Secretary may request the Secretary of the 

16 Treasury to invest such portion of the Fund as is not, 

17 in the judgment of the Secretary, required to meet the 

18 current needs of the Fund. Such investments shall be 

19 made by the Secretary of the Treasury in public debt secu20 rities with maturities suitable to the needs of the Fund, 

21 as determined by the Secretary, and bearing interest at 

22 rates determined by the Secretary of the Treasury, taking 

23 into consideration current market yields on outstanding 

24 marketable obligations of the United States of comparable 

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1 maturities. The income on such investments shall be cred2 ited to and form a part of the Fund.’’. 

3 (2) TECHNICAL AMENDMENTS.—Such chapter 

4 is further amended— 

5 (A) by amending the center heading after 

6 the table of sections to read as follows: 

7 ‘‘SUBCHAPTER I—OFFICERS’’; 

8 (B) by amending the center heading after 

9 section 336 to read as follows: 

10 ‘‘SUBCHAPTER II—ENLISTED MEMBERS’’; 

11 (C) by amending the center heading after 

12 section 373 to read as follows: 

13 ‘‘SUBCHAPTER III—GENERAL PROVISIONS’’; 

14 and 

15 (D) by amending the center heading after 

16 section 425 to read as follows: 

17 ‘‘SUBCHAPTER IV—SPECIAL PROVISIONS’’. 

18 (3) CLERICAL AMENDMENTS.—The table of sec19 tions at the beginning of such chapter is amended— 

20 (A) by striking ‘‘OFFICERS’’ at the be21 ginning of the table and inserting ‘‘SUB22 CHAPTER I—OFFICERS’’; 

23 (B) by striking ‘‘ENLISTED MEM24 BERS’’ after the item relating to section 336 

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1 and inserting ‘‘SUBCHAPTER II—EN2 LISTED MEMBERS’’; 

3 (C) by striking ‘‘GENERAL PROVI4 SIONS’’ after the item relating to section 373 

5 and inserting ‘‘SUBCHAPTER III—GEN6 ERAL PROVISIONS’’ ; 

7 (D) by striking ‘‘SPECIAL PROVI8 SIONS’’ after the item relating to section 425 

9 and inserting ‘‘SUBCHAPTER IV—SPECIAL 

10 PROVISIONS’’ ; and 

11 (E) by adding at the end the following: 

‘‘SUBCHAPTER V—COAST GUARD MILITARY RETIREMENT FUND

‘‘441. Establishment and purpose of Fund; definitions. 

‘‘442. Assets of the Fund. 

‘‘443. Payments from the Fund. 

‘‘444. Determination of contributions to the Fund. 

‘‘445. Payments into the Fund. 

‘‘446. Investment of assets of the Fund.’’. 

12 (b) IMPLEMENTATION YEAR EXCEPTIONS.—To avoid 

13 funding shortfalls in the first year of implementation of 

14 subchapter V of chapter 11 of title 14, United States 

15 Code, as added by subsection (a), if formal actuarial deter16 minations are not available in time for budget preparation, 

17 the amounts used in the first year under sections 

18 445(a)(1)(A) and 445(a)(2)(A) of such title shall be set 

19 equal to those estimates in sections 444(b)(1)(A)(i) and 

20 444(b)(1)(B)(i), respectively, of such title if final deter21 minations are not available. The original unfunded liabil22 ity, as defined in section 444(a) of such title, shall include 

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1 an adjustment to correct for this difference between the 

2 formal actuarial determinations and the estimates in sec3 tions 444(b)(1)(A)(i) and 444(b)(1)(B)(i) of such title. 

4 (c) CONFORMING AMENDMENT.—Section 256(f) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985 (2 U.S.C. 906(f)) is amended by striking ‘‘Retired 

7 Pay, Coast Guard (69–0241–0–1–403)’’ and inserting 

8 ‘‘Coast Guard Military Retirement Fund (69–0241–01– 

9 403)’’. 

10 (d) TRANSFER OF EXISTING BALANCES.— 

11 (1) TRANSFER.—There shall be transferred into 

12 the Fund on October 1, 2008, any obligated and un13 obligated balances of appropriations made to the De14 partment of Homeland Security that are currently 

15 available for retired pay, and amounts so transferred 

16 shall be part of the assets of the Fund. 

17 (2) FUND DEFINED.—For purposes of para18 graph (1), the term ‘‘Fund’’ means the Coast Guard 

19 Military Retirement Fund established under section 

20 441 of title 14, United States Code, as added by 

21 subsection (a). 

22 (e) EFFECTIVE DATE.—Sections 443 (relating to 

23 payments from the Fund) and 445 (relating to payments 

24 into the Fund) of title 14, United States Code, as added 

25 by subsection (a), shall take effect on October 1, 2008. 

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1 Subtitle B—Accrual Funding of 

2 Post-Retirement Health Benefits 

3 Costs for Federal Employees 

4 SEC. 411. FEDERAL EMPLOYEES HEALTH BENEFITS FUND. 

5 (a) Section 8906 of title 5, United States Code, is 

6 amended— 

7 (1) by redesignating subsection (c) as sub8 section (c)(1) and by adding at the end the following 

9 new paragraphs: 

10 ‘‘(2) In addition to Government contributions re11 quired by subsection (b) and paragraph (1), each employ12 ing agency shall contribute amounts as determined by the 

13 Office to be necessary to prefund the accruing actuarial 

14 cost of post-retirement health benefits for each of the 

15 agency’s current employees who are eligible for Govern16 ment contributions under this section. Amounts under this 

17 paragraph shall be paid by the employing agency separate 

18 from other contributions under this section, from the ap19 propriations or fund used for payment of the salary of the 

20 employee, on a schedule to be determined by the Office. 

21 ‘‘(3) Paragraph (2) shall not apply to the United 

22 States Postal Service or the government of the District 

23 of Columbia.’’; and 

24 (2) by amending subsection (g)(1) to read as 

25 follows: 

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1 ‘‘(g)(1) Except as provided in paragraphs (2) and 

2 (3), all Government contributions authorized by this sec3 tion for health benefits for an annuitant shall be paid from 

4 the Employees Health Benefits Fund to the extent that 

5 funds are available in accordance with section 8909(h)(6) 

6 and, if necessary, from annual appropriations which are 

7 authorized to be made for that purpose and which may 

8 be made available until expended.’’. 

9 (b) Section 8909 of title 5, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(h)(1) Not later than June 30, 2009, the Office 

13 shall determine the existing liability of the Fund for post14 retirement health benefits, excluding the liability of the 

15 United States Postal Service for service under section 

16 8906(g)(2), under this chapter as of September 30, 2009. 

17 The Office shall establish an amortization schedule, in18 cluding a series of annual installments commencing Sep19 tember 30, 2009, which provides for the liquidation of 

20 such liability by September 30, 2045. 

21 ‘‘(2) At the close of each fiscal year, for fiscal years 

22 beginning after September 30, 2008, the Office shall de23 termine the supplemental liability of the Fund for post24 retirement health benefits, excluding the liability attrib25 utable to the United States Postal Service for service submstockstill on PROD1PC66 with BILLS

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1 ject to section 8906(g)(2), and shall establish an amortiza2 tion schedule, including a series of annual installments 

3 commencing on September 30 of the subsequent fiscal 

4 year, which provides for liquidation of such supplemental 

5 liability over 30 years. 

6 ‘‘(3) Amortization schedules established under this 

7 paragraph shall be set in accordance with generally accept8 ed actuarial practices and principles. 

9 ‘‘(4) At the end of each fiscal year on and after Sep10 tember 30, 2009, the Office shall notify the Secretary of 

11 the Treasury of the amounts of the next installments 

12 under the most recent amortization schedules established 

13 under paragraphs (1) and (2). Before closing the accounts 

14 for the fiscal year, the Secretary shall credit the sum of 

15 these amounts (including in that sum any negative 

16 amount for the amortization of the supplemental liability) 

17 to the Fund, as a Government contribution, out of any 

18 money in the Treasury of the United States not otherwise 

19 appropriated. 

20 ‘‘(5) For the purpose of carrying out paragraphs (1) 

21 and (2), the Office shall perform or arrange for actuarial 

22 determinations and valuations and shall prescribe reten23 tion of such records as it considers necessary for making 

24 periodic actuarial valuations of the Fund. 

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1 ‘‘(6) Notwithstanding subsection (b), the amounts de2 posited into the Fund pursuant to this subsection and sec3 tion 8906(c)(2) to prefund post-retirement health benefits 

4 costs shall be segregated within the Fund so that such 

5 amounts, as well as earnings and proceeds under sub6 section (c) attributable to them, may be used exclusively 

7 for the purpose of paying Government contributions for 

8 post-retirement health benefits costs. When such amounts 

9 are used in combination with amounts withheld from an10 nuitants to pay for health benefits, a portion of the con11 tributions shall then be set aside in the Fund as described 

12 in subsection (b). 

13 ‘‘(7) Under this subsection, ‘supplemental liability’ 

14 means— 

15 ‘‘(A) the actuarial present value for future post16 retirement health benefits that are the liability of 

17 the Fund, less 

18 ‘‘(B) the sum of— 

19 ‘‘(i) the actuarial present value of all fu20 ture contributions by agencies and annuitants 

21 to the Fund toward those benefits pursuant to 

22 section 8906; 

23 ‘‘(ii) the present value of all scheduled am24 ortization payments to the Fund pursuant to 

25 paragraphs (1) and (2); 

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1 ‘‘(iii) the Fund balance as of the date the 

2 supplemental liability is determined, to the ex3 tent that such balance is attributable to post-re4 tirement benefits; and 

5 ‘‘(iv) any other appropriate amount, as de6 termined by the Office in accordance with gen7 erally accepted actuarial practices and prin8 ciples.’’. 

9 SEC. 412. FUNDING UNIFORMED SERVICES HEALTH BENE10 FITS FOR ALL RETIREES. 

11 Title 10, United States Code, is amended— 

12 (1) in the title of chapter 56, by striking ‘‘DE13 PARTMENT OF DEFENSE MEDICARE14 ELIGIBLE’’ and inserting ‘‘UNIFORMED 

15 SERVICES’’; 

16 (2) in section 1111— 

17 (A) in subsection (a)— 

18 (i) by striking ‘‘Department of De19 fense Medicare-Eligible’’ and inserting 

20 ‘‘Uniformed Services’’; 

21 (ii) by striking ‘‘Department of De22 fense under’’; and 

23 (iii) by striking ‘‘for medicare-eligible 

24 beneficiaries’’; 

25 (B) in subsection (c)— 

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1 (i) by striking ‘‘The Secretary of De2 fense may’’ and inserting ‘‘The Secretary 

3 of Defense shall’’; 

4 (ii) by striking ‘‘with any other’’ and 

5 inserting ‘‘with each’’; 

6 (iii) by striking ‘‘Any such agree7 ment’’ and inserting ‘‘Such agreements’’; 

8 and 

9 (iv) by striking ‘‘administering Sec10 retary may’’ and inserting ‘‘administrative 

11 Secretary shall’’; 

12 (3) in section 1113— 

13 (A) in subsection (a)— 

14 (i) by striking ‘‘and are medicare eli15 gible’’; 

16 (ii) by striking ‘‘who are medicare eli17 gible’’; and 

18 (iii) by adding at the end the fol19 lowing new sentence: ‘‘For the fiscal year 

20 starting October 1, 2007, only, the pay21 ments will be solely for the costs of mem22 bers or former members of a uniformed 

23 service who are entitled to retired or re24 tainer pay and are medicare-eligible, and 

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1 eligible dependents or survivors who are 

2 medicare-eligible.’’; 

3 (B) in subsection (c)(1), by striking ‘‘who 

4 are medicare-eligible’’; 

5 (C) in subsection (d), by striking ‘‘who are 

6 medicare-eligible’’; and 

7 (D) in subsection (f), by striking ‘‘If’’ and 

8 inserting ‘‘When’’; 

9 (4) in section 1114, in subsection (a)(1), by 

10 striking ‘‘Department of Defense Medicare-Eligible’’ 

11 and inserting ‘‘Uniformed Services’’; 

12 (5) in section 1115— 

13 (A) in subsection (b)(2), by striking ‘‘The 

14 amount determined under paragraph (1) for 

15 any fiscal year is the amount needed to be ap16 propriated to the Department of Defense (or to 

17 the other executive department having jurisdic18 tion over the participating uniformed service)’’ 

19 and inserting ‘‘The amount determined under 

20 paragraph (1), or the amount determined under 

21 section 1111(c) for a participating uniformed 

22 service, for any fiscal year, is the amount need23 ed to be appropriated to the Department of De24 fense (or to any other executive department 

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1 having jurisdiction over a participating uni2 formed service)’’; 

3 (B) in subsection (c)(2), by striking ‘‘for 

4 medicare eligible beneficiaries’’; and 

5 (C) by adding at the end the following new 

6 subsection: 

7 ‘‘(f) For the fiscal year starting October 1, 2007, 

8 only, the amounts in this section shall be based solely on 

9 the costs of medicare-eligible benefits of beneficiaries and 

10 the costs for their eligible dependents or survivors who are 

11 medicare-eligible, and shall be recalculated thereafter to 

12 reflect the cost of beneficiaries defined in section 1111.’’; 

13 and 

14 (6) in section 1116— 

15 (A) in subsection (a)(1)(A), by striking 

16 ‘‘for medicare-eligible beneficiaries’’; 

17 (B) in subsection (a)(2)(A), by striking 

18 ‘‘for medicare-eligible beneficiaries’’; and 

19 (C) in subsection (c), by striking ‘‘sub20 section (a) shall be paid from funds available 

21 for the health care programs’’ and inserting 

22 ‘‘subsection (a) and section 1111(c) shall be 

23 paid from funds available for the pay of mem24 bers of the participating uniformed services 

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1 under the jurisdiction of the respective admin2 istering secretaries’’. 

3 SEC. 413. EFFECTIVE DATE. 

4 Except as otherwise provided, this title shall take ef5 fect upon enactment with respect to fiscal years beginning 

6 after 2008. 

7 Subtitle C—Earmark Transparency 

8 SEC. 421. PROHIBITION ON OBLIGATION OF FUNDS FOR 

9 EARMARKS INCLUDED ONLY IN CONGRES10 SIONAL REPORTS. 

11 (a) REQUIREMENT THAT EARMARKS MUST BE IN

12 LEGISLATIVE TEXT.—Notwithstanding any other rule of 

13 the House, in addition to the requirements set forth in 

14 clause 9 of rule XXI of the Rules of the House of Rep15 resentatives, it shall not be in order to consider any bill, 

16 joint resolution, amendment thereto, or conference report 

17 thereon, unless the list of congressional earmarks, limited 

18 tax benefits, and limited tariff benefits, required by clause 

19 9(a)of rule XXI are also set forth in the text of such meas20 ure. 

21 (b) AVAILABILITY ON THE INTERNET.—Notwith22 standing any other rule of the House, in addition to the 

23 requirements set forth in clause 9 of rule XXI of the Rules 

24 of the House of Representatives, it shall not be in order 

25 to consider any bill, joint resolution, or conference report 

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1 thereon, unless the lists required by paragraphs (1), (2), 

2 and (4) of clause 9 of rule XXI are made available on 

3 the Internet in a searchable format to the general public 

4 for at least 48 hours before consideration. 

5 SEC. 422. DEFINITIONS. 

6 (a) CONGRESSIONAL EARMARK.—For purposes of 

7 this subtitle, the term ‘‘congressional earmark’’ means a 

8 provision or report language included primarily at the re9 quest of a Member, Delegate, Resident Commissioner, or 

10 Senator providing, authorizing or recommending a specific 

11 amount of discretionary budget authority, credit author12 ity, or other spending authority for a contract, loan, loan 

13 guarantee, grant, loan authority, or other expenditure 

14 with or to an entity, or targeted to a specific State, locality 

15 or Congressional district, other than through a statutory 

16 or administrative formula-driven or competitive award 

17 process. 

18 (b) LIMITED BENEFITS.— 

19 (1) LIMITED TARIFF BENEFIT.—The term 

20 ‘‘limited tariff benefit’’ means any provision of law 

21 that modifies the Harmonized Tariff Schedule of the 

22 United States in a manner that benefits 10 or fewer 

23 entities (as defined in paragraph (12)(B)). 

24 (2) LIMITED TAX BENEFIT.—(A) The term 

25 ‘‘limited tax benefit’’ means any revenue-losing promstockstill on PROD1PC66 with BILLS

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1 vision that provides a Federal tax deduction, credit, 

2 exclusion, or preference to ten or fewer beneficiaries 

3 (determined with respect to either present law or 

4 any provision of which the provision is a part) under 

5 the Internal Revenue Code of 1986 in any year for 

6 which the provision is in effect; 

7 (B) For purposes of subparagraph (A)— 

8 (i) all businesses and associations that are 

9 members of the same controlled group of cor10 porations (as defined in section 1563(a) of the 

11 Internal Revenue Code of 1986) shall be treat12 ed as a single beneficiary; 

13 (ii) all shareholders, partners, members, or 

14 beneficiaries of a corporation, partnership, asso15 ciation, or trust or estate, respectively, shall be 

16 treated as a single beneficiary; 

17 (iii) all employees of an employer shall be 

18 treated as a single beneficiary; 

19 (iv) all qualified plans of an employer shall 

20 be treated as a single beneficiary; 

21 (v) all beneficiaries of a qualified plan shall 

22 be treated as a single beneficiary; 

23 (vi) all contributors to a charitable organi24 zation shall be treated as a single beneficiary; 

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1 (vii) all holders of the same bond issue 

2 shall be treated as a single beneficiary; and 

3 (viii) if a corporation, partnership, associa4 tion, trust or estate is the beneficiary of a pro5 vision, the shareholders of the corporation, the 

6 partners of the partnership, the members of the 

7 association, or the beneficiaries of the trust or 

8 estate shall not also be treated as beneficiaries 

9 of such provision; 

10 (C) For the purpose of this paragraph, the 

11 term ‘‘revenue-losing provision’’ means any provision 

12 that is estimated to result in a reduction in Federal 

13 tax revenues (determined with respect to either 

14 present law or any provision of which the provision 

15 is a part) for any one of the two following periods— 

16 (i) the first fiscal year for which the provi17 sion is effective; or 

18 (ii) the period of the 5 fiscal years begin19 ning with the first fiscal year for which the pro20 vision is effective; 

21 (D) the term ‘‘limited tax benefit’’ does not in22 clude any provision which applies uniformly to an 

23 entire industry; and 

24 (E) the terms used in this paragraph shall have 

25 the same meaning as those terms have generally in 

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1 the Internal Revenue Code of 1986, unless otherwise 

2 expressly provided. 

3 (c) SPECIAL RULE.—Notwithstanding any other pro4 vision of the Rules of the House, the definitions set forth 

5 in this section shall apply for congressional earmarks, lim6 ited tariff benefits, and limited tax benefits. 

7 Subtitle D—Public Debt Limit 

8 Reform 

9 SEC. 431. LIMIT ON PUBLIC DEBT. 

10 Section 3101 of title 31, United States Code, is 

11 amended to read as follows: 

12 ‘‘§ 3101. Public debt limit 

13 ‘‘(a) In this section, the current redemption value of 

14 an obligation issued on a discount basis and redeemable 

15 before maturity at the option of its holder is deemed to 

16 be the face amount of the obligation. 

17 ‘‘(b) The face amount of obligations issued under this 

18 chapter and the face amount of obligations whose prin19 cipal and interest are guaranteed by the United States 

20 Government (except guaranteed obligations held by the 

21 Secretary of the Treasury and intragovernmental hold22 ings) may not be more than $4,393,000,000,000 out23 standing at one time, subject to changes periodically made 

24 in that amount as provided by law. 

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1 ‘‘(c) For purposes of this section, the face amount, 

2 for any month, of any obligation issued on a discount basis 

3 that is not redeemable before maturity at the option of 

4 the holder of the obligation is an amount equal to the sum 

5 of— 

6 ‘‘(1) the original issue price of the obligation, 

7 plus 

8 ‘‘(2) the portion of the discount on the obliga9 tion attributable to periods before the beginning of 

10 such month (as determined under the principles of 

11 section 1272(a) of the Internal Revenue Code of 

12 1986 without regard to any exceptions contained in 

13 paragraph (2) of such section). 

14 ‘‘(d) For purposes of this section, the term 

15 ‘intragovernment holding’ is any obligation issued by the 

16 Secretary of the Treasury to any Federal trust fund or 

17 Government account, whether in respect of public money, 

18 money otherwise required to be deposited in the Treasury, 

19 or amounts appropriated.’’. 

20 SEC. 432. REPEAL OF THE GEPHARDT RULE. 

21 The Rules of the House of Representatives are 

22 amended by repealing rule XXVII (relating to the statu23 tory limit on public debt) and by redesignating rule 

24 XXVIII as rule XXVII. 

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1 Subtitle E—Risk-Assumed 

2 Budgeting 

3 SEC. 441. FEDERAL INSURANCE PROGRAMS. 

4 (a) IN GENERAL.—The Congressional Budget Act of 

5 1974 is amended by adding after title V the following new 

6 title: 

7 ‘‘TITLE VI—BUDGETARY TREAT8 MENT OF FEDERAL INSUR9 ANCE PROGRAMS 

10 ‘‘SEC. 602. BUDGETARY TREATMENT. 

11 ‘‘(a) PRESIDENT’S BUDGET.—Beginning with fiscal 

12 year 2011, the budget of the Government pursuant to sec13 tion 1105(a) of title 31, United States Code, shall be 

14 based on the risk-assumed cost of Federal insurance pro15 grams. 

16 ‘‘(b) BUDGET ACCOUNTING.—For any Federal insur17 ance program— 

18 ‘‘(1) the program account shall— 

19 ‘‘(A) pay the risk-assumed cost borne by 

20 the taxpayer to the financing account, and 

21 ‘‘(B) pay actual insurance program admin22 istrative costs; 

23 ‘‘(2) the financing account shall— 

24 ‘‘(A) receive premiums and other income, 

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1 ‘‘(B) pay all claims for insurance and re2 ceive all recoveries, 

3 ‘‘(C) transfer to the program account on 

4 not less than an annual basis amounts nec5 essary to pay insurance program administrative 

6 costs; 

7 ‘‘(3) a negative risk-assumed cost shall be 

8 transferred from the financing account to the pro9 gram account, and shall be transferred from the pro10 gram account to the general fund; and 

11 ‘‘(4) all payments by or receipts of the financ12 ing accounts shall be treated in the budget as a 

13 means of financing. 

14 ‘‘(c) APPROPRIATIONS REQUIRED.—(1) Notwith15 standing any other provision of law, insurance commit16 ments may be made for fiscal year 2011 and thereafter 

17 only to the extent that new budget authority to cover their 

18 risk-assumed cost is provided in advance in an appropria19 tion Act. 

20 ‘‘(2) An outstanding insurance commitment shall not 

21 be modified in a manner that increases its risk-assumed 

22 cost unless budget authority for the additional cost has 

23 been provided in advance. 

24 ‘‘(3) Paragraph (1) shall not apply to Federal insur25 ance programs that constitute entitlements. 

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1 ‘‘(d) REESTIMATES.—The risk-assumed cost for a 

2 fiscal year shall be reestimated in each subsequent year. 

3 Such reestimate can equal zero. In the case of a positive 

4 reestimate, the amount of the reestimate shall be paid 

5 from the program account to the financing account. In 

6 the case of a negative reestimate, the amount of the reesti7 mate shall be paid from the financing account to the pro8 gram account, and shall be transferred from the program 

9 account to the general fund. Reestimates shall be dis10 played as a distinct and separately identified subaccount 

11 in the program account. 

12 ‘‘(e) ADMINISTRATIVE EXPENSES.—All funding for 

13 an agency’s administration of a Federal insurance pro14 gram shall be displayed as a distinct and separately identi15 fied subaccount in the program account. 

16 ‘‘SEC. 603. TIMETABLE FOR IMPLEMENTATION OF ACCRUAL 

17 BUDGETING FOR FEDERAL INSURANCE PRO18 GRAMS. 

19 ‘‘(a) AGENCY REQUIREMENTS.—Agencies with re20 sponsibility for Federal insurance programs shall develop 

21 models to estimate their risk-assumed cost by year 

22 through the budget horizon and shall submit those models, 

23 all relevant data, a justification for critical assumptions, 

24 and the annual projected risk-assumed costs to OMB with 

25 their budget requests each year starting with the request 

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1 for fiscal year 2010. Agencies will likewise provide OMB 

2 with annual estimates of modifications, if any, and reesti3 mates of program costs. 

4 ‘‘(b) DISCLOSURE.—When the President submits a 

5 budget of the Government pursuant to section 1105(a) of 

6 title 31, United States Code, for fiscal year 2010, OMB 

7 shall publish a notice in the Federal Register advising in8 terested persons of the availability of information describ9 ing the models, data (including sources), and critical as10 sumptions (including explicit or implicit discount rate as11 sumptions) that it or other executive branch entities would 

12 use to estimate the risk-assumed cost of Federal insurance 

13 programs and giving such persons an opportunity to sub14 mit comments. At the same time, the chairman of the 

15 Committee on the Budget shall publish a notice for CBO 

16 in the Federal Register advising interested persons of the 

17 availability of information describing the models, data (in18 cluding sources), and critical assumptions (including ex19 plicit or implicit discount rate assumptions) that it would 

20 use to estimate the risk-assumed cost of Federal insurance 

21 programs and giving such interested persons an oppor22 tunity to submit comments. 

23 ‘‘(c) REVISION.—(1) After consideration of comments 

24 pursuant to subsection (b), and in consultation with the 

25 Committees on the Budget of the House of Representamstockstill on PROD1PC66 with BILLS

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1 tives and the Senate, OMB and CBO shall revise the mod2 els, data, and major assumptions they would use to esti3 mate the risk-assumed cost of Federal insurance pro4 grams. 

5 ‘‘(2) When the President submits a budget of the 

6 Government pursuant to section 1105(a) of title 31, 

7 United States Code, for fiscal year 2011, OMB shall pub8 lish a notice in the Federal Register advising interested 

9 persons of the availability of information describing the 

10 models, data (including sources), and critical assumptions 

11 (including explicit or implicit discount rate assumptions) 

12 that it or other executive branch entities used to estimate 

13 the risk-assumed cost of Federal insurance programs. 

14 ‘‘(d) DISPLAY.— 

15 ‘‘(1) IN GENERAL.—For fiscal years 2011, 

16 2012, and 2013 the budget submissions of the Presi17 dent pursuant to section 1105(a) of title 31, United 

18 States Code, and CBO’s reports on the economic 

19 and budget outlook pursuant to section 202(e)(1) 

20 and the President’s budgets, shall for display pur21 poses only, estimate the risk-assumed cost of exist22 ing or proposed Federal insurance programs. 

23 ‘‘(2) OMB.—The display in the budget submis24 sions of the President for fiscal years 2011, 2012, 

25 and 2013 shall include— 

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1 ‘‘(A) a presentation for each Federal insur2 ance program in budget-account level detail of 

3 estimates of risk-assumed cost; 

4 ‘‘(B) a summary table of the risk-assumed 

5 costs of Federal insurance programs; and 

6 ‘‘(C) an alternate summary table of budget 

7 functions and aggregates using risk-assumed 

8 rather than cash-based cost estimates for Fed9 eral insurance programs. 

10 ‘‘(3) CBO.—In the second session of the 110th 

11 Congress and the 111th Congress, CBO shall in12 clude in its estimates under section 308, for display 

13 purposes only, the risk-assumed cost of existing Fed14 eral insurance programs, or legislation that CBO, in 

15 consultation with the Committees on the Budget of 

16 the House of Representatives and the Senate, deter17 mines would create a new Federal insurance pro18 gram. 

19 ‘‘(e) OMB, CBO, AND GAO EVALUATIONS.—(1) Not 

20 later than 6 months after the budget submission of the 

21 President pursuant to section 1105(a) of title 31, United 

22 States Code, for fiscal year 2012, OMB, CBO, and GAO 

23 shall each submit to the Committees on the Budget of the 

24 House of Representatives and the Senate a report that 

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1 evaluates the advisability and appropriate implementation 

2 of this title. 

3 ‘‘(2) Each report made pursuant to paragraph (1) 

4 shall address the following: 

5 ‘‘(A) The adequacy of risk-assumed estimation 

6 models used and alternative modeling methods. 

7 ‘‘(B) The availability and reliability of data or 

8 information necessary to carry out this title. 

9 ‘‘(C) The appropriateness of the explicit or im10 plicit discount rate used in the various risk-assumed 

11 estimation models. 

12 ‘‘(D) The advisability of specifying a statutory 

13 discount rate (such as the Treasury rate) for use in 

14 risk-assumed estimation models. 

15 ‘‘(E) The ability of OMB, CBO, or GAO, as ap16 plicable, to secure any data or information directly 

17 from any Federal agency necessary to enable it to 

18 carry out this title. 

19 ‘‘(F) The relationship between risk-assumed ac20 crual budgeting for Federal insurance programs and 

21 the specific requirements of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 ‘‘(G) Whether Federal budgeting is improved by 

24 the inclusion of risk-assumed cost estimates for Fed25 eral insurance programs. 

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1 ‘‘(H) The advisability of including each of the 

2 programs currently estimated on a risk-assumed cost 

3 basis in the Federal budget on that basis. 

4 ‘‘SEC. 604. DEFINITIONS. 

5 ‘‘For purposes of this title: 

6 ‘‘(1) The term ‘Federal insurance program’ 

7 means a program that makes insurance commit8 ments and includes the list of such programs in9 cluded in the joint explanatory statement of man10 agers accompanying the conference report on the 

11 Comprehensive Budget Process Reform Act of 1999. 

12 ‘‘(2) The term ‘insurance commitment’ means 

13 an agreement in advance by a Federal agency to in14 demnify a non-Federal entity against specified 

15 losses. This term does not include loan guarantees 

16 as defined in title V or benefit programs such as so17 cial security, medicare, and similar existing social in18 surance programs. 

19 ‘‘(3)(A) The term ‘risk-assumed cost’ means the 

20 net present value of the estimated cash flows to and 

21 from the Government resulting from an insurance 

22 commitment or modification thereof. 

23 ‘‘(B) The cash flows associated with an insur24 ance commitment include— 

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1 ‘‘(i) expected claims payments inherent in 

2 the Government’s commitment; 

3 ‘‘(ii) net premiums (expected premium col4 lections received from or on behalf of the in5 sured less expected administrative expenses); 

6 ‘‘(iii) expected recoveries; and 

7 ‘‘(iv) expected changes in claims, pre8 miums, or recoveries resulting from the exercise 

9 by the insured of any option included in the in10 surance commitment. 

11 ‘‘(C) The cost of a modification is the difference 

12 between the current estimate of the net present 

13 value of the remaining cash flows under the terms 

14 of the insurance commitment, and the current esti15 mate of the net present value of the remaining cash 

16 flows under the terms of the insurance commitment 

17 as modified. 

18 ‘‘(D) The cost of a reestimate is the difference 

19 between the net present value of the amount cur20 rently required by the financing account to pay esti21 mated claims and other expenditures and the 

22 amount currently available in the financing account. 

23 The cost of a reestimate shall be accounted for in 

24 the current year in the budget of the Government 

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1 pursuant to section 1105(a) of title 31, United 

2 States Code. 

3 ‘‘(E) For purposes of this definition, expected 

4 administrative expenses shall be construed as the 

5 amount estimated to be necessary for the proper ad6 ministration of the insurance program. This amount 

7 may differ from amounts actually appropriated or 

8 otherwise made available for the administration of 

9 the program. 

10 ‘‘(4) The term ‘program account’ means the 

11 budget account for the risk-assumed cost, and for 

12 paying all costs of administering the insurance pro13 gram, and is the account from which the risk-as14 sumed cost is disbursed to the financing account. 

15 ‘‘(5) The term ‘financing account’ means the 

16 nonbudget account that is associated with each pro17 gram account which receives payments from or 

18 makes payments to the program account, receives 

19 premiums and other payments from the public, pays 

20 insurance claims, and holds balances. 

21 ‘‘(6) The term ‘modification’ means any Gov22 ernment action that alters the risk-assumed cost of 

23 an existing insurance commitment from the current 

24 estimate of cash flows. This includes any action re25 sulting from new legislation, or from the exercise of 

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1 administrative discretion under existing law, that di2 rectly or indirectly alters the estimated cost of exist3 ing insurance commitments. 

4 ‘‘(7) The term ‘model’ means any actuarial, fi5 nancial, econometric, probabilistic, or other method6 ology used to estimate the expected frequency and 

7 magnitude of loss-producing events, expected pre8 miums or collections from or on behalf of the in9 sured, expected recoveries, and administrative ex10 penses. 

11 ‘‘(8) The term ‘current’ has the same meaning 

12 as in section 250(c)(9) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985. 

14 ‘‘(9) The term ‘OMB’ means the Director of 

15 the Office of Management and Budget. 

16 ‘‘(10) The term ‘CBO’ means the Director of 

17 the Congressional Budget Office. 

18 ‘‘(11) The term ‘GAO’ means the Comptroller 

19 General of the United States. 

20 ‘‘SEC. 605. AUTHORIZATIONS TO ENTER INTO CONTRACTS; 

21 ACTUARIAL COST ACCOUNT. 

22 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated $600,000 for each of 

24 fiscal years 2008 through 2013 to the Director of the Of25 fice of Management and Budget and each agency responmstockstill on PROD1PC66 with BILLS

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1 sible for administering a Federal program to carry out this 

2 title. 

3 ‘‘(b) TREASURY TRANSACTIONS WITH THE FINANC4 ING ACCOUNTS.—The Secretary of the Treasury shall bor5 row from, receive from, lend to, or pay the insurance fi6 nancing accounts such amounts as may be appropriate. 

7 The Secretary of the Treasury may prescribe forms and 

8 denominations, maturities, and terms and conditions for 

9 the transactions described above. The authorities de10 scribed above shall not be construed to supersede or over11 ride the authority of the head of a Federal agency to ad12 minister and operate an insurance program. All the trans13 actions provided in this subsection shall be subject to the 

14 provisions of subchapter II of chapter 15 of title 31, 

15 United States Code. Cash balances of the financing ac16 counts in excess of current requirements shall be main17 tained in a form of uninvested funds, and the Secretary 

18 of the Treasury shall pay interest on these funds. 

19 ‘‘(c) APPROPRIATION OF AMOUNT NECESSARY TO

20 COVER RISK-ASSUMED COST OF INSURANCE COMMIT21 MENTS AT TRANSITION DATE.—(1) A financing account 

22 is established on September 30, 2012, for each Federal 

23 insurance program. 

24 ‘‘(2) There is appropriated to each financing account 

25 the amount of the risk-assumed cost of Federal insurance 

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1 commitments outstanding for that program as of the close 

2 of September 30, 2012. 

3 ‘‘(3) These financing accounts shall be used in imple4 menting the budget accounting required by this title. 

5 ‘‘SEC. 606. EFFECTIVE DATE. 

6 ‘‘(a) IN GENERAL.—This title shall take effect imme7 diately and shall expire on September 30, 2014. 

8 ‘‘(b) SPECIAL RULE.—If this title is not reauthorized 

9 by September 30, 2014, then the accounting structure and 

10 budgetary treatment of Federal insurance programs shall 

11 revert to the accounting structure and budgetary treat12 ment in effect immediately before the date of enactment 

13 of this title.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents set forth in section 1(b) of the Congressional Budget 

16 and Impoundment Control Act of 1974 is amended by in17 serting after the item relating to section 507 the following 

18 new items: 

‘‘TITLE VI—BUDGETARY TREATMENT OF FEDERAL INSURANCE 

PROGRAMS 

‘‘Sec. 601. Short title. 

‘‘Sec. 602. Budgetary treatment. 

‘‘Sec. 603. Timetable for implementation of accrual budgeting for Federal insurance programs. 

‘‘Sec. 604. Definitions. 

‘‘Sec. 605. Authorizations to enter into contracts; actuarial cost account. 

‘‘Sec. 606. Effective date.’’. 

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1 TITLE V—MAINTAINING A COM2 MITMENT TO THE FAMILY 

3 BUDGET 

4 Subtitle A—Further Enforcement 

5 Amendments 

6 SEC. 501. SUPER-MAJORITY POINTS OF ORDER IN THE 

7 HOUSE OF REPRESENTATIVES AND THE SEN8 ATE. 

9 (a) Section 904 of the Congressional Budget Act of 

10 1974 is amended as follows: 

11 (1) In subsection (c)(1), insert ‘‘312(g), (h), (i), 

12 and (j),’’ before ‘‘313,’’, and insert ‘‘316, 318, 

13 319(a)’’ before ‘‘904(c),’’. 

14 (2) In subsection (c) strike ‘‘three-fifths’’ each 

15 place it appears and insert ‘‘two-thirds’’. 

16 (3)(A) In subsection (d)(2), insert ‘‘312(g), (h), 

17 (i), and (j),’’ before ‘‘313,’’, and insert ‘‘316, 318, 

18 319(a)’’ before ‘‘904(c),’’. 

19 (B) In subsection (d), strike ‘‘three-fifths’’ each 

20 place it appears and insert ‘‘two-thirds’’. 

21 (4)(A) In subsections (c)(2) and (d)(3), strike 

22 ‘‘311(a),’’. 

23 (B) In subsections (c)(1) and (d)(2) insert 

24 ‘‘311(a),’’ after ‘‘310(d)(2),’’. 

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1 (5) In subsections (c)(1), (c)(2), (d)(2), and 

2 (d)(3) by inserting ‘‘or the House of Representa3 tives’’ after ‘‘Senate’’ each place it appears. 

4 (6) Strike subsection (e). 

5 SEC. 502. BUDGET RESOLUTION ENFORCEMENT POINT OF 

6 ORDER. 

7 (a) ENTITLEMENT POINT OF ORDER.—Section 312 

8 of the Congressional Budget Act of 1974 (as amended by 

9 section 221(d)) is further amended by adding at the end 

10 the following new subsection: 

11 ‘‘(j) BUDGET RESOLUTION ENFORCEMENT POINT OF

12 ORDER.—It shall not be in order in the House of Rep13 resentatives or the Senate to consider any joint resolution 

14 on the budget for a fiscal year, or amendment thereto or 

15 conference report thereon, that— 

16 ‘‘(1) is not consistent with the discretionary 

17 spending limits set forth in section 251(b) of the 

18 Balanced Budget and Emergency Deficit Control 

19 Act of 1985; or 

20 ‘‘(2) provides for an increase in the aggregate 

21 level of direct spending for the fiscal year of the res22 olution or any ensuing fiscal year included in such 

23 resolution.’’. 

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1 SEC. 503. POINT OF ORDER WAIVER PROTECTION. 

2 Rule XIII of the Rules of the House of Representa3 tives (as amended by section 313) is further amended by 

4 adding at the end the following new clause: 

5 ‘‘10. (a) It shall not be in order to consider a rule 

6 or order that would waive the provisions of any section 

7 of the Congressional Budget Act of 1974 referred to in 

8 section 904(c)(1) of such Act or of section 302 of the 

9 Family Budget Protection Act of 2007. 

10 ‘‘(b) As disposition of a point of order under para11 graph (a), the Chair shall put the question of consider12 ation with respect to the proposition that is the subject 

13 of the point of order. A question of consideration under 

14 this clause shall be debatable for 10 minutes by the Mem15 ber initiating the point of order and for 10 minutes by 

16 an opponent of the point of order, but shall otherwise be 

17 decided without intervening motion except one that the 

18 House adjourn or that the Committee of the Whole rise, 

19 as the case may be. 

20 ‘‘(c) The disposition of the question of consideration 

21 under this clause with respect to a bill or joint resolution 

22 shall be considered also to determine the question of con23 sideration under this clause with respect to an amendment 

24 made in order as original text.’’. 

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1 Subtitle B—The Byrd Rule 

2 SEC. 511. LIMITATION ON BYRD RULE. 

3 (a) PROTECTION OF CONFERENCE REPORTS.—Sec4 tion 313 of the Congressional Budget Act of 1974 is 

5 amended— 

6 (1) in subsection (b)(1), by striking subpara7 graph (E) through the semicolon at the end thereof 

8 and by redesignating subparagraph (F) as subpara9 graph (E); 

10 (2) in subsection (c), by striking ‘‘and again 

11 upon the submission of a conference report on such 

12 a reconciliation bill or resolution,’’; 

13 (3) by striking subsection (d); 

14 (4) by redesignating subsection (e) as sub15 section (d); and 

16 (5) in subsection (e), as redesignated— 

17 (A) by striking ‘‘, motion, or conference re18 port’’ the first place it appears and inserting ‘‘, 

19 or motion’’; and 

20 (B) by striking ‘‘, motion, or conference re21 port’’ the second and third places it appears 

22 and inserting ‘‘or motion’’. 

23 (b) CONFORMING AMENDMENT.—The first sentence 

24 of section 312(e) of the Congressional Budget Act of 1974 

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1 is amended by inserting ‘‘, except for section 313,’’ after 

2 ‘‘Act’’. 

3 Subtitle C—Treatment of Extra4 neous Appropriations in Omni5 bus Appropriation Measures 

6 SEC. 521. TREATMENT OF EXTRANEOUS APPROPRIATIONS. 

7 (a) IN GENERAL.—Title III of the Congressional 

8 Budget Act of 1974 (as amended by section 127(a)) is 

9 further amended by adding at the end the following new 

10 section: 

11 ‘‘TREATMENT OF EXTRANEOUS APPROPRIATIONS IN

12 OMNIBUS APPROPRIATION MEASURES

13 ‘‘SEC. 319. (a) POINT OF ORDER.—It shall not be 

14 in order in the House of Representatives or the Senate 

15 to consider an omnibus appropriation measure, or any 

16 amendment thereto or conference report thereon, that ap17 propriates funds for any program, project, or activity that 

18 is not within the subject-matter jurisdiction of any sub19 committee of the Committee on Appropriations of the 

20 House of Representatives or Senate, as applicable, with 

21 jurisdiction over any regular appropriation bill contained 

22 in such measure. 

23 ‘‘(b) DEFINITIONS.—As used in this section: 

24 ‘‘(1) The term ‘omnibus appropriation measure’ 

25 means any bill or joint resolution making continuing 

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1 appropriations for a fiscal year and that is com2 prised of more than one regular appropriation bills. 

3 ‘‘(2) The term ‘regular appropriation bill’ 

4 means any annual appropriation bill making appro5 priations, otherwise making funds available, or 

6 granting authority, for any of the following cat7 egories of projects and activities: 

8 ‘‘(A) Agriculture, rural development, Food 

9 and Drug Administration, and related agencies 

10 programs. 

11 ‘‘(B) The Department of Defense. 

12 ‘‘(C) Energy and water development, and 

13 related agencies. 

14 ‘‘(D) State, foreign operations, and related 

15 programs. 

16 ‘‘(E) The Department of Homeland Secu17 rity. 

18 ‘‘(F) The Department of the Interior, En19 vironmental Protection Agency, and related 

20 agencies. 

21 ‘‘(G) The Departments of Labor, Health 

22 and Human Services, and Education, and re23 lated agencies. 

24 ‘‘(H) Military construction, veterans af25 fairs, and related agencies. 

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253 

•HR 2084 IH

1 ‘‘(I) Science, the Departments of State, 

2 Justice, and Commerce, and related agencies. 

3 ‘‘(J) The Departments of Transportation, 

4 Housing and Urban Development, and related 

5 agencies. 

6 ‘‘(K) The Legislative Branch. 

7 ‘‘(L) Financial services and general gov8 ernment.’’. 

9 (b) CONFORMING AMENDMENT.—The table of con10 tents set forth in section 1(b) of the Congressional Budget 

11 and Impoundment Control Act of 1974 is amended by in12 serting after the item relating to section 318 the following 

13 new item: 

‘‘Sec. 319. Treatment of extraneous appropriations in omnibus appropriation 

measures.’’. 

Æ 

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