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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1928 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1928

 To reduce mandatory and discretionary spending in order to offset the 
cost of rebuilding the Gulf Region in the wake of Hurricane Katrina and 
                            Hurricane Rita.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 27, 2005

  Mr. Ensign (for himself, Mr. Brownback, Mr. Coburn, Mr. DeMint, Mr. 
    Graham, Mr. McCain, Mr. Sununu, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To reduce mandatory and discretionary spending in order to offset the 
cost of rebuilding the Gulf Region in the wake of Hurricane Katrina and 
                            Hurricane Rita.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spending Money Accountably to 
Rebuild After Tragedy Act'' or the ``SMART Act''.

               TITLE I--CHANGES IN DISCRETIONARY SPENDING

SEC. 101. REDUCTION IN FY2006 DISCRETIONARY SPENDING.

    (a) Across-the-Board Rescissions.--There is hereby rescinded an 
amount equal to 5.00 percent of--
            (1) the budget authority provided (or obligation limitation 
        imposed) for fiscal year 2006 for each discretionary account in 
        each fiscal year 2006 appropriations Act (except any fiscal 
        year 2005 supplemental appropriation Act, the Department of 
        Homeland Security Appropriations Act, 2006, and the Department 
        of Defense Appropriations Act);
            (2) the budget authority provided in any advance 
        appropriation for fiscal year 2006 for any discretionary 
        account in any prior fiscal year appropriations Act; and
            (3) the contract authority provided in fiscal year 2006 for 
        any program subject to limitation contained in this joint 
        resolution.
    (b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).
    (c) Exception.--Notwithstanding subsection (a), the President of 
the United States, in consultation with the Chairman and Ranking Member 
of the applicable authorizing committees of the Congress, shall be 
permitted to except certain programs, projects and accounts, in whole 
or in part, from a rescission required pursuant to subsection (a), 
provided however, that such exceptions do not, in the aggregate, exceed 
an amount equal to 1.00 percent of the overall amount rescinded 
pursuant to subsection (a).

SEC. 102. NO COST OF LIVING ADJUSTMENTS IN THE STATUTORY PAY SYSTEM OF 
              FEDERAL EMPLOYEES.

    (a) In General.--Notwithstanding any other provision of law, the 
adjustment in rates of basic pay for employees under the statutory pay 
systems under sections 5303 and 5304 of title 5, United States Code, 
shall not take effect during fiscal year 2006.
    (b) Exception for Federal Law Enforcement Officers.--Adjustments in 
the rates of basic pay for employees who are law enforcement officers 
(as defined under section 5541(3) of title 5, United States Code) shall 
take effect as though the adjustment in rates of basic pay for 
employees under the statutory pay systems under sections 5303 and 5304 
of that title for fiscal year 2006 is an increase of 3.1 percent and 
such adjustments for law enforcement officers shall take effect as of 
the first day of the first applicable pay period beginning on or after 
January 1, 2006.

                TITLE II--CHANGES IN MANDATORY SPENDING

SEC. 201. TWO-YEAR DELAY OF THE IMPLEMENTATION OF THE MEDICARE PART D 
              PRESCRIPTION DRUG BENEFIT AND TWO-YEAR EXTENSION OF THE 
              MEDICARE PRESCRIPTION DRUG DISCOUNT CARD AND TRANSITIONAL 
              ASSISTANCE PROGRAM.

    (a) Delay.----
            (1) In general.--Except as provided in subsection (b), 
        notwithstanding any other provision of law, the Secretary of 
        Health and Human Services shall delay implementation of title I 
        of the Medicare Prescription Drug, Improvement, and 
        Modernization Act of 2003 (Public Law 108-173), and the 
        amendments made by such title, for 2 years until January 1, 
        2008.
            (2) Applicability.--Except as provided in subsection (b), 
        during the two-year delay described in paragraph (1), the 
        Social Security Act shall be applied and administered as if 
        such title I (and the amendments made by such title) had not 
        been enacted.
    (b) Extension.--
            (1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, the Secretary of 
        Health and Human Services shall continue to administer the 
        Medicare prescription drug discount card and transitional 
        assistance program under subpart 4 of part D of title XVIII of 
        the Social Security Act (42 U.S.C. 1395w-141), as added by 
        section 101 of title I of the Medicare Prescription Drug, 
        Improvement, and Modernization Act of 2003 (Public Law 108-
        173), during 2006 and 2007 under the terms and conditions that 
        apply under such program during 2005.
            (2) Increase in amount of transitional assistance during 
        extension period.--In administering the Medicare prescription 
        drug discount card and transitional assistance program during 
        2006 and 2007 pursuant to paragraph (1), the Secretary shall 
        increase the amount of transitional assistance under section 
        1860D-31(g)(2)(A)(ii)(I) of the Social Security Act (42 U.S.C. 
        1395w-141(g)(2)(A)(ii)(I)) for each of 2006 and 2007 from $600 
        to $1,200.

SEC. 202. ACCELERATION OF INCOME-RELATED REDUCTION IN MEDICARE PART B 
              PREMIUM SUBSIDY.

    (a) Section 1839(i) of the Social Security Act (42 U.S.C. 1395r(i)) 
is amended as follows--
            (1) in paragraph (1), by striking ``2006'' and inserting 
        ``2005'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``Subject to subparagraph (B), the'' 
                        and inserting ``The''; and
                            (ii) in clause (i), by striking 
                        ``subparagraph (C)'' and inserting 
                        ``subparagraph (B)'';
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B);
            (3) in paragraph (4)(B)(iii)(I), by striking ``paragraph 
        (3)(C)'' and inserting ``paragraph (3)(B)''; and
            (4) in paragraph (5)(A)--
                    (A) in the matter preceding clause (i), by striking 
                ``2007'' and inserting ``2006''; and
                    (B) in clause (ii), by striking ``2006'' and 
                inserting ``2005''.
    (b) The amendments made by subsection (a) shall take effect on the 
date of enactment of this Act.

SEC. 203. OFFSET FOR HURRICANE KATRINA DAMAGE FUNDING.

    (a) Repeal.--Section 1101(a)(16) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(Public Law 109-59; 119 Stat. 1144) (referred to in this section as 
``SAFETEA-LU''), authorizing funding for high priority projects under 
section 117 of title 23, United States Code, is repealed.
    (b) Rescissions.--
            (1) High priority projects.--The unobligated balance of any 
        funds authorized under section 1101 (a)(16) of SAFETEA-LU is 
        rescinded.
            (2) Other programs.--The unobligated balances of any funds 
        authorized under SAFETEA-LU, or an amendment made by SAFETEA-
        LU, for the following programs are rescinded:
                    (A) The high priority projects designated under 
                section 1702 of the SAFETEA-LU (Public Law 109-59; 119 
                Stat. 1144) and carried out using funds made available 
                under section 1101(a)(16) of that Act.
                    (B) The set-asides designated under section 
                104(d)(2)(E) of title 23, United States Code.
                    (C) The set-asides designated under the highway 
                bridge program under section 144(g) of title 23, United 
                States Code.
                    (D) The designated projects under section 1301(m) 
                of the SAFETEA-LU.
                    (E) The designated projects under section 1302(e) 
                of the SAFETEA-LU.
                    (F) The designated projects under section 
                1306(d)(3) of SAFETEA-LU (23 U.S.C. 103 note; 119 Stat. 
                1144).
                    (G) The set-asides designated under section 1307(d) 
                of SAFETEA-LU.
                    (H) The set-aside for designated projects that are 
                part of the National Highway System established under 
                the construction of ferry boats and ferry terminal 
                facilities program under section 147(d) of title 23, 
                United States Code.
                    (I) The pilot program under section 1807 of 
                SAFETEA-LU (23 U.S.C. 217 note; 119 Stat. 1144).
                    (J) The demonstration projects under section 1907 
                of SAFETEA-LU.
                    (K) The designated projects under section 1934 of 
                SAFETEA-LU.
                    (L) The Going-to-the-Sun Road program, Glacier 
                Park, Montana, under section 1940 of the SAFETEA-LU.
                    (M) The Great Lakes ITS implementation program 
                under section 1943 of the SAFETEA-LU.
                    (N) The transportation construction and remediation 
                program, Ottawa County, Oklahoma, under section 1944 of 
                the SAFETEA-LU.
                    (O) The traffic circle construction program, 
                Clarendon, Vermont, under section 1957 of the SAFETEA-
                LU.
                    (P) The Denali access system program under section 
                309 of the Denali Commission Act of 1998 (42 U.S.C. 
                3121 note; 119 Stat.1144).
                    (Q) The Interstate Route 95/Contee Road interchange 
                study under section 1961 of the SAFETEA-LU.
                    (R) The multimodal facility improvements program 
                for North Bay Ferry Service, Inc., at Port Sonora, 
                Petaluma, California, under section 1962 of the 
                SAFETEA-LU.
                    (S) The designated bus and bus related facility 
                projects under section 3044 of SAFETEA-LU.
    (c) Obligation Authority.--
            (1) Reduction of obligation ceiling for fiscal years 2006 
        through 2009.--Each obligation limitation established in 
        paragraphs (2) through (5) of section 1102(a) of SAFETEA-LU is 
        reduced by $2,699,424,000.
            (2) Rescission of unused obligation limitation for high 
        priority projects for fiscal year 2005.--Any unused obligation 
        limitation for fiscal year 2005 relating to a high priority 
        project under SAFETEA-LU is rescinded.
            (3) Level of obligation limitations.--Each obligation 
        limitation established in paragraphs (2) through (5) of section 
        8003(a) of SAFETEA-LU is reduced by $2,699,424,000.
    (d) Equity Bonus Formula.--Notwithstanding any other provision of 
law, in allocating funds under the equity bonus program under section 
105 of title 23, United States Code, the Secretary of Transportation 
shall make the required calculations as if subsections (a) and (b) had 
not been enacted.

  TITLE III--MAKING GOVERNMENT MORE RESPONSIVE TO THE AMERICAN PUBLIC

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Commission on the Accountability 
and Review of Federal Agencies Act''.

SEC. 302. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the Commission on the 
Accountability and Review of Federal Agencies (hereafter in this title 
referred to as the ``Commission'').
    (b) Membership.--
            (1) In general.--The Commission shall consist of 12 
        members, of which, not later than 90 days after the date of 
        enactment of this Act--
                    (A) 4 shall be appointed by the President;
                    (B) 2 shall be appointed by the Majority Leader of 
                the Senate;
                    (C) 2 shall be appointed by the Minority Leader of 
                the Senate;
                    (D) 2 shall be appointed by the Speaker of the 
                House of Representatives; and
                    (E) 2 shall be appointed by the Minority Leader of 
                the House of Representatives.
            (2) Chairperson and vice chairperson.--The President shall 
        designate a chairperson and vice chairperson from among the 
        members of the Commission.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (2) Subsequent meetings.--The Commission shall meet at the 
        call of the chairperson.
    (e) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 303. DUTIES OF THE COMMISSION.

    (a) Definitions.--In this section, the following definitions shall 
apply:
            (1) Agency.--The term ``agency'' means--
                    (A) an Executive agency, as defined under section 
                105 of title 5, United States Code; and
                    (B) the Executive Office of the President.
            (2) Program.--The term ``program'' means any activity or 
        function of an agency.
    (b) In General.--The Commission shall--
            (1) evaluate all agencies and programs within those 
        agencies, using the criteria under subsection (c); and
            (2) submit to Congress--
                    (A) a plan with recommendations of the agencies and 
                programs that should be realigned or eliminated; and
                    (B) proposed legislation to implement the plan 
                described under subparagraph (A).
    (c) Criteria.--
            (1) Duplicative.--If 2 or more agencies or programs are 
        performing the same essential function and the function can be 
        consolidated or streamlined into a single agency or program, 
        the Commission shall recommend that the agencies or programs be 
        realigned.
            (2) Wasteful or inefficient.--The Commission may recommend 
        the realignment or elimination of any agency or program that 
        has wasted Federal funds by--
                    (A) egregious spending;
                    (B) mismanagement of resources and personnel; or
                    (C) use of such funds for personal benefit or the 
                benefit of a special interest group.
            (3) Outdated, irrelevant, or failed.--The Commission shall 
        recommend the elimination of any agency or program that--
                    (A) has completed its intended purpose;
                    (B) has become irrelevant; or
                    (C) has failed to meet its objectives.
    (d) Systematic Assessment of Programs.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the President shall--
                    (A) establish a systematic method for assessing the 
                effectiveness and accountability of agency programs; 
                and
                    (B) submit, to the Commission, assessments of not 
                less than 50 percent of all programs covered under 
                subsection (b)(1) that use the method established under 
                subparagraph (A).
            (2) Method objectives.--The method established under 
        paragraph (1) shall--
                    (A) recognize different types of Federal programs;
                    (B) assess programs based primarily on the 
                achievement of performance goals (as defined under 
                section 1115(f)(4) of title 31, United States Code); 
                and
                    (C) assess programs based in part on the adequacy 
                of the program's performance measures, financial 
                management, and other factors determined by the 
                President.
            (3) Development.--The method established under paragraph 
        (1) shall not be implemented until it has been reviewed and 
        accepted by the Commission.
            (4) Consideration of assessments.--The Commission shall 
        consider assessments submitted under this subsection when 
        evaluating programs under subsection (b)(1).
    (e) Common Performance Measures.--Not later than 1 year after the 
date of enactment of this Act, the President shall identify common 
performance measures for programs covered in subsection (b)(1) that 
have similar functions and, to the extent feasible, provide the 
Commission with data on such performance measures.
    (f) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Commission shall submit to the 
        President and Congress a report that includes--
                    (A) the plan described under subsection (b)(2)(A), 
                with supporting documentation for all recommendations; 
                and
                    (B) the proposed legislation described under 
                subsection (b)(2)(B).
            (2) Relocation of federal employees.--The proposed 
        legislation under paragraph (1)(B) shall provide that if the 
        position of an employee of an agency is eliminated as a result 
        of the implementation of the plan under paragraph (1)(A), the 
        affected agency shall make reasonable efforts to relocate such 
        employee to another position within the agency or within 
        another Federal agency.

SEC. 304. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission or, at its direction, any 
subcommittee or member of the Commission, may, for the purpose of 
carrying out this title--
            (1) hold such hearings, sit and act at such times and 
        places, take such testimony, receive such evidence, and 
        administer such oaths as any member of the Commission considers 
        advisable;
            (2) require, by subpoena or otherwise, the attendance and 
        testimony of such witnesses as any member of the Commission 
        considers advisable; and
            (3) require, by subpoena or otherwise, the production of 
        such books, records, correspondence, memoranda, papers, 
        documents, tapes, and other evidentiary materials relating to 
        any matter under investigation by the Commission.
    (b) Subpoenas.--
            (1) Issuance.--Subpoenas issued under subsection (a) shall 
        bear the signature of the chairperson of the Commission and 
        shall be served by any person or class of persons designated by 
        the chairperson for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a), the United States 
        district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found, may 
        issue an order requiring such person to appear at any 
        designated place to testify or to produce documentary or other 
        evidence. Any failure to obey the order of the court may be 
        punished by the court as a contempt of that court.
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this Act. Upon request of 
the chairperson of the Commission, the head of such department or 
agency shall furnish such information to the Commission.
    (d) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 305. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal members.--Except as provided under 
        subsection (b), each member of the Commission who is not an 
        officer or employee of the Federal Government shall not be 
        compensated.
            (2) Federal officers or employees.--All members of the 
        Commission who are officers or employees of the United States 
        shall serve without compensation in addition to that received 
        for their services as officers or employees of the United 
        States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--
            (1) In general.--The chairperson of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment of an 
        executive director shall be subject to confirmation by the 
        Commission.
            (2) Compensation.--Upon the approval of the chairperson, 
        the executive director may fix the compensation of the 
        executive director and other personnel without regard to 
        chapter 51 and subchapter III of chapter 53 of title 5, United 
        States Code, relating to classification of positions and 
        General Schedule pay rates, except that the rate of pay for the 
        executive director and other personnel may not exceed the 
        maximum rate payable for a position at GS-15 of the General 
        Schedule under section 5332 of such title.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, 89A, 89B, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule 
under section 5316 of such title.

SEC. 306. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits the report under section 303(f).

SEC. 307. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.

    (a) Definitions.--In this section:
            (1) Implementation bill.--The term ``implementation bill'' 
        means only a bill which is introduced as provided under 
        subsection (b), and contains the proposed legislation included 
        in the report submitted to Congress under section 303, without 
        modification.
            (2) Calendar day.--The term ``calendar day'' means a 
        calendar day other than one on which either House is not in 
        session because of an adjournment of more than 3 days to a date 
        certain.
    (b) Introduction; Referral; and Report or Discharge.--
            (1) Introduction.--On the first calendar day on which both 
        Houses are in session, on or immediately following the date on 
        which the report is submitted to Congress under section 303, a 
        single implementation bill shall be introduced (by request)--
                    (A) in the Senate by the majority leader of the 
                Senate, for himself and the minority leader of the 
                Senate, or by Members of the Senate designated by the 
                majority leader and minority leader of the Senate; and
                    (B) in the House of Representatives by the Speaker 
                of the House of Representatives, for himself and the 
                minority leader of the House of Representatives, or by 
                Members of the House of Representatives designated by 
                the Speaker and minority leader of the House of 
                Representatives.
            (2) Referral.--The implementation bills introduced under 
        paragraph (1) shall be referred to any appropriate committee of 
        jurisdiction in the Senate and any appropriate committee of 
        jurisdiction in the House of Representatives. A committee to 
        which an implementation bill is referred under this paragraph 
        may review and comment on such bill, may report such bill to 
        the respective House, and may not amend such bill.
            (3) Report or discharge.--If a committee to which an 
        implementation bill is referred has not reported such bill by 
        the end of the 15th calendar day after the date of the 
        introduction of such bill, such committee shall be immediately 
        discharged from further consideration of such bill, and upon 
        being reported or discharged from the committee, such bill 
        shall be placed on the appropriate calendar.
    (c) Floor Consideration.--
            (1) In general.--When the committee to which an 
        implementation bill is referred has reported, or has been 
        discharged under subsection (b)(3), it is at any time 
        thereafter in order (even though a previous motion to the same 
        effect has been disagreed to) for any Member of the respective 
        House to move to proceed to the consideration of the 
        implementation bill, and all points of order against the 
        implementation bill (and against consideration of the 
        implementation bill) are waived. The motion is highly 
        privileged in the House of Representatives and is privileged in 
        the Senate and is not debatable. The motion is not subject to 
        amendment, or to a motion to postpone, or to a motion to 
        proceed to the consideration of other business. A motion to 
        reconsider the vote by which the motion is agreed to or 
        disagreed to shall not be in order. If a motion to proceed to 
        the consideration of the implementation bill is agreed to, the 
        implementation bill shall remain the unfinished business of the 
        respective House until disposed of.
            (2) Amendments.--An implementation bill may not be amended 
        in the Senate or the House of Representatives.
            (3) Debate.--Debate on the implementation bill, and on all 
        debatable motions and appeals in connection therewith, shall be 
        limited to not more than 10 hours, which shall be divided 
        equally between those favoring and those opposing the 
        resolution. A motion further to limit debate is in order and 
        not debatable. An amendment to, or a motion to postpone, or a 
        motion to proceed to the consideration of other business, or a 
        motion to recommit the implementation bill is not in order. A 
        motion to reconsider the vote by which the implementation bill 
        is agreed to or disagreed to is not in order.
            (4) Vote on final passage.--Immediately following the 
        conclusion of the debate on an implementation bill, and a 
        single quorum call at the conclusion of the debate if requested 
        in accordance with the rules of the appropriate House, the vote 
        on final passage of the implementation bill shall occur.
            (5) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of the rules 
        of the Senate or the House of Representatives, as the case may 
        be, to the procedure relating to an implementation bill shall 
        be decided without debate.
    (d) Coordination With Action by Other House.--If, before the 
passage by 1 House of an implementation bill of that House, that House 
receives from the other House an implementation bill, then the 
following procedures shall apply:
            (1) Nonreferral.--The implementation bill of the other 
        House shall not be referred to a committee.
            (2) Vote on bill of other house.--With respect to an 
        implementation bill of the House receiving the implementation 
        bill--
                    (A) the procedure in that House shall be the same 
                as if no implementation bill had been received from the 
                other House; but
                    (B) the vote on final passage shall be on the 
                implementation bill of the other House.
    (e) Rules of Senate and House of Representatives.--This section is 
enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of an implementation bill described in 
        subsection (a), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of the fiscal 
years 2006 through 2008, such sums as may be necessary for carrying out 
this Act.
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