II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Spending Money Ac5 countably to Rebuild After Tragedy Act’’ or the ‘‘SMART 

6 Act’’. 
2 

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1 TITLE I—CHANGES IN 

2 DISCRETIONARY SPENDING 

3 SEC. 101. REDUCTION IN FY2006 DISCRETIONARY SPEND4 ING. 

5 (a) ACROSS-THE-BOARD RESCISSIONS.—There is 

6 hereby rescinded an amount equal to 5.00 percent of— 

7 (1) the budget authority provided (or obligation 

8 limitation imposed) for fiscal year 2006 for each dis9 cretionary account in each fiscal year 2006 appro10 priations Act (except any fiscal year 2005 supple11 mental appropriation Act, the Department of Home12 land Security Appropriations Act, 2006, and the De13 partment of Defense Appropriations Act); 

14 (2) the budget authority provided in any ad15 vance appropriation for fiscal year 2006 for any dis16 cretionary account in any prior fiscal year appro17 priations Act; and 

18 (3) the contract authority provided in fiscal 

19 year 2006 for any program subject to limitation con20 tained in this joint resolution. 

21 (b) PROPORTIONATE APPLICATION.—Any rescission 

22 made by subsection (a) shall be applied proportionately— 

23 (1) to each discretionary account and each item 

24 of budget authority described in subsection (a); and 
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1 (2) within each such account and item, to each 

2 program, project, and activity (with programs, 

3 projects, and activities as delineated in the appro4 priation Act or accompanying reports for the rel5 evant fiscal year covering such account or item, or 

6 for accounts and items not included in appropriation 

7 Acts, as delineated in the most recently submitted 

8 President’s budget). 

9 (c) EXCEPTION.—Notwithstanding subsection (a), 

10 the President of the United States, in consultation with 

11 the Chairman and Ranking Member of the applicable au12 thorizing committees of the Congress, shall be permitted 

13 to except certain programs, projects and accounts, in 

14 whole or in part, from a rescission required pursuant to 

15 subsection (a), provided however, that such exceptions do 

16 not, in the aggregate, exceed an amount equal to 1.00 per17 cent of the overall amount rescinded pursuant to sub18 section (a). 

19 SEC. 102. NO COST OF LIVING ADJUSTMENTS IN THE STAT20 UTORY PAY SYSTEM OF FEDERAL EMPLOY21 EES. 

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, the adjustment in rates of basic pay for em24 ployees under the statutory pay systems under sections 
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1 5303 and 5304 of title 5, United States Code, shall not 

2 take effect during fiscal year 2006. 

3 (b) EXCEPTION FOR FEDERAL LAW ENFORCEMENT

4 OFFICERS.—Adjustments in the rates of basic pay for em5 ployees who are law enforcement officers (as defined under 

6 section 5541(3) of title 5, United States Code) shall take 

7 effect as though the adjustment in rates of basic pay for 

8 employees under the statutory pay systems under sections 

9 5303 and 5304 of that title for fiscal year 2006 is an in10 crease of 3.1 percent and such adjustments for law en11 forcement officers shall take effect as of the first day of 

12 the first applicable pay period beginning on or after Janu13 ary 1, 2006. 

14 TITLE II—CHANGES IN 

15 MANDATORY SPENDING 

16 SEC. 201. TWO-YEAR DELAY OF THE IMPLEMENTATION OF 

17 THE MEDICARE PART D PRESCRIPTION DRUG 

18 BENEFIT AND TWO-YEAR EXTENSION OF THE 

19 MEDICARE PRESCRIPTION DRUG DISCOUNT 

20 CARD AND TRANSITIONAL ASSISTANCE PRO21 GRAM. 

22 (a) DELAY.—— 

23 (1) IN GENERAL.—Except as provided in sub24 section (b), notwithstanding any other provision of 

25 law, the Secretary of Health and Human Services 
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•S 1928 IS

1 shall delay implementation of title I of the Medicare 

2 Prescription Drug, Improvement, and Modernization 

3 Act of 2003 (Public Law 108–173), and the amend4 ments made by such title, for 2 years until January 

5 1, 2008. 

6 (2) APPLICABILITY.—Except as provided in 

7 subsection (b), during the two-year delay described 

8 in paragraph (1), the Social Security Act shall be 

9 applied and administered as if such title I (and the 

10 amendments made by such title) had not been en11 acted. 

12 (b) EXTENSION.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), notwithstanding any other provision of 

15 law, the Secretary of Health and Human Services 

16 shall continue to administer the Medicare prescrip17 tion drug discount card and transitional assistance 

18 program under subpart 4 of part D of title XVIII 

19 of the Social Security Act (42 U.S.C. 1395w–141), 

20 as added by section 101 of title I of the Medicare 

21 Prescription Drug, Improvement, and Modernization 

22 Act of 2003 (Public Law 108–173), during 2006 

23 and 2007 under the terms and conditions that apply 

24 under such program during 2005. 
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1 (2) INCREASE IN AMOUNT OF TRANSITIONAL

2 ASSISTANCE DURING EXTENSION PERIOD.—In ad3 ministering the Medicare prescription drug discount 

4 card and transitional assistance program during 

5 2006 and 2007 pursuant to paragraph (1), the Sec6 retary shall increase the amount of transitional as7 sistance under section 1860D–31(g)(2)(A)(ii)(I) of 

8 the Social Security Act (42 U.S.C. 1395w– 

9 141(g)(2)(A)(ii)(I)) for each of 2006 and 2007 from 

10 $600 to $1,200. 

11 SEC. 202. ACCELERATION OF INCOME-RELATED REDUC12 TION IN MEDICARE PART B PREMIUM SUB13 SIDY. 

14 (a) Section 1839(i) of the Social Security Act (42 

15 U.S.C. 1395r(i)) is amended as follows— 

16 (1) in paragraph (1), by striking ‘‘2006’’ and 

17 inserting ‘‘2005’’; 

18 (2) in paragraph (3)— 

19 (A) in subparagraph (A)— 

20 (i) in the matter preceding clause (i), 

21 by striking ‘‘Subject to subparagraph (B), 

22 the’’ and inserting ‘‘The’’; and 

23 (ii) in clause (i), by striking ‘‘subpara24 graph (C)’’ and inserting ‘‘subparagraph 

25 (B)’’; 
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1 (B) by striking subparagraph (B); and 

2 (C) by redesignating subparagraph (C) as 

3 subparagraph (B); 

4 (3) in paragraph (4)(B)(iii)(I), by striking 

5 ‘‘paragraph (3)(C)’’ and inserting ‘‘paragraph 

6 (3)(B)’’; and 

7 (4) in paragraph (5)(A)— 

8 (A) in the matter preceding clause (i), by 

9 striking ‘‘2007’’ and inserting ‘‘2006’’; and 

10 (B) in clause (ii), by striking ‘‘2006’’ and 

11 inserting ‘‘2005’’. 

12 (b) The amendments made by subsection (a) shall 

13 take effect on the date of enactment of this Act. 

14 SEC. 203. OFFSET FOR HURRICANE KATRINA DAMAGE 

15 FUNDING. 

16 (a) REPEAL.—Section 1101(a)(16) of the Safe, Ac17 countable, Flexible, Efficient Transportation Equity Act: 

18 A Legacy for Users (Public Law 109–59; 119 Stat. 1144) 

19 (referred to in this section as ‘‘SAFETEA–LU’’), author20 izing funding for high priority projects under section 117 

21 of title 23, United States Code, is repealed. 

22 (b) RESCISSIONS.— 

23 (1) HIGH PRIORITY PROJECTS.—The unobli24 gated balance of any funds authorized under section 

25 1101 (a)(16) of SAFETEA–LU is rescinded. 
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1 (2) OTHER PROGRAMS.—The unobligated bal2 ances of any funds authorized under SAFETEA– 

3 LU, or an amendment made by SAFETEA–LU, for 

4 the following programs are rescinded: 

5 (A) The high priority projects designated 

6 under section 1702 of the SAFETEA–LU 

7 (Public Law 109–59; 119 Stat. 1144) and car8 ried out using funds made available under sec9 tion 1101(a)(16) of that Act. 

10 (B) The set-asides designated under sec11 tion 104(d)(2)(E) of title 23, United States 

12 Code. 

13 (C) The set-asides designated under the 

14 highway bridge program under section 144(g) 

15 of title 23, United States Code. 

16 (D) The designated projects under section 

17 1301(m) of the SAFETEA–LU. 

18 (E) The designated projects under section 

19 1302(e) of the SAFETEA–LU. 

20 (F) The designated projects under section 

21 1306(d)(3) of SAFETEA–LU (23 U.S.C. 103 

22 note; 119 Stat. 1144). 

23 (G) The set-asides designated under sec24 tion 1307(d) of SAFETEA–LU. 
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1 (H) The set-aside for designated projects 

2 that are part of the National Highway System 

3 established under the construction of ferry 

4 boats and ferry terminal facilities program 

5 under section 147(d) of title 23, United States 

6 Code. 

7 (I) The pilot program under section 1807 

8 of SAFETEA–LU (23 U.S.C. 217 note; 119 

9 Stat. 1144). 

10 (J) The demonstration projects under sec11 tion 1907 of SAFETEA–LU. 

12 (K) The designated projects under section 

13 1934 of SAFETEA–LU. 

14 (L) The Going-to-the-Sun Road program, 

15 Glacier Park, Montana, under section 1940 of 

16 the SAFETEA–LU. 

17 (M) The Great Lakes ITS implementation 

18 program under section 1943 of the SAFETEA– 

19 LU. 

20 (N) The transportation construction and 

21 remediation program, Ottawa County, Okla22 homa, under section 1944 of the SAFETEA– 

23 LU. 
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1 (O) The traffic circle construction pro2 gram, Clarendon, Vermont, under section 1957 

3 of the SAFETEA–LU. 

4 (P) The Denali access system program 

5 under section 309 of the Denali Commission 

6 Act of 1998 (42 U.S.C. 3121 note; 119 

7 Stat.1144). 

8 (Q) The Interstate Route 95/Contee Road 

9 interchange study under section 1961 of the 

10 SAFETEA–LU. 

11 (R) The multimodal facility improvements 

12 program for North Bay Ferry Service, Inc., at 

13 Port Sonora, Petaluma, California, under sec14 tion 1962 of the SAFETEA–LU. 

15 (S) The designated bus and bus related fa16 cility projects under section 3044 of 

17 SAFETEA–LU. 

18 (c) OBLIGATION AUTHORITY.— 

19 (1) REDUCTION OF OBLIGATION CEILING FOR

20 FISCAL YEARS 2006 THROUGH 2009.—Each obligation 

21 limitation established in paragraphs (2) through (5) 

22 of section 1102(a) of SAFETEA–LU is reduced by 

23 $2,699,424,000. 

24 (2) RESCISSION OF UNUSED OBLIGATION LIMI25 TATION FOR HIGH PRIORITY PROJECTS FOR FISCAL
11 

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1 YEAR 2005.—Any unused obligation limitation for 

2 fiscal year 2005 relating to a high priority project 

3 under SAFETEA–LU is rescinded. 

4 (3) LEVEL OF OBLIGATION LIMITATIONS.— 

5 Each obligation limitation established in paragraphs 

6 (2) through (5) of section 8003(a) of SAFETEA– 

7 LU is reduced by $2,699,424,000. 

8 (d) EQUITY BONUS FORMULA.—Notwithstanding 

9 any other provision of law, in allocating funds under the 

10 equity bonus program under section 105 of title 23, 

11 United States Code, the Secretary of Transportation shall 

12 make the required calculations as if subsections (a) and 

13 (b) had not been enacted. 

14 TITLE III—MAKING GOVERN15 MENT MORE RESPONSIVE TO 

16 THE AMERICAN PUBLIC 

17 SEC. 301. SHORT TITLE. 

18 This title may be cited as the ‘‘Commission on the 

19 Accountability and Review of Federal Agencies Act’’. 

20 SEC. 302. ESTABLISHMENT OF COMMISSION. 

21 (a) ESTABLISHMENT.—There is established the Com22 mission on the Accountability and Review of Federal 

23 Agencies (hereafter in this title referred to as the ‘‘Com24 mission’’). 

25 (b) MEMBERSHIP.— 
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1 (1) IN GENERAL.—The Commission shall con2 sist of 12 members, of which, not later than 90 days 

3 after the date of enactment of this Act— 

4 (A) 4 shall be appointed by the President; 

5 (B) 2 shall be appointed by the Majority 

6 Leader of the Senate; 

7 (C) 2 shall be appointed by the Minority 

8 Leader of the Senate; 

9 (D) 2 shall be appointed by the Speaker of 

10 the House of Representatives; and 

11 (E) 2 shall be appointed by the Minority 

12 Leader of the House of Representatives. 

13 (2) CHAIRPERSON AND VICE CHAIRPERSON.— 

14 The President shall designate a chairperson and vice 

15 chairperson from among the members of the Com16 mission. 

17 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem18 bers shall be appointed for the life of the Commission. Any 

19 vacancy in the Commission shall not affect its powers, but 

20 shall be filled in the same manner as the original appoint21 ment. 

22 (d) MEETINGS.— 

23 (1) INITIAL MEETING.—Not later than 30 days 

24 after the date on which all members of the Commis-
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1 sion have been appointed, the Commission shall hold 

2 its first meeting. 

3 (2) SUBSEQUENT MEETINGS.—The Commission 

4 shall meet at the call of the chairperson. 

5 (e) QUORUM.—A majority of the members of the 

6 Commission shall constitute a quorum, but a lesser num7 ber of members may hold hearings. 

8 SEC. 303. DUTIES OF THE COMMISSION. 

9 (a) DEFINITIONS.—In this section, the following defi10 nitions shall apply: 

11 (1) AGENCY.—The term ‘‘agency’’ means— 

12 (A) an Executive agency, as defined under 

13 section 105 of title 5, United States Code; and 

14 (B) the Executive Office of the President. 

15 (2) PROGRAM.—The term ‘‘program’’ means 

16 any activity or function of an agency. 

17 (b) IN GENERAL.—The Commission shall— 

18 (1) evaluate all agencies and programs within 

19 those agencies, using the criteria under subsection 

20 (c); and 

21 (2) submit to Congress— 

22 (A) a plan with recommendations of the 

23 agencies and programs that should be realigned 

24 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 2 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 agencies or programs be 

9 realigned. 

10 (2) WASTEFUL OR INEFFICIENT.—The Com11 mission may 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, assess8 ments of not less than 50 percent of all pro9 grams covered under subsection (b)(1) that use 

10 the method established under subparagraph 

11 (A). 

12 (2) METHOD OBJECTIVES.—The method estab13 lished under paragraph (1) shall— 

14 (A) recognize different types of Federal 

15 programs; 

16 (B) assess programs based primarily on 

17 the achievement of performance goals (as de18 fined under section 1115(f)(4) of title 31, 

19 United States Code); and 

20 (C) assess programs based in part on the 

21 adequacy of the program’s performance meas22 ures, financial management, and other factors 

23 determined by the President. 

24 (3) DEVELOPMENT.—The method established 

25 under paragraph (1) shall not be implemented until 
16 

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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 
17 

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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. 304. 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 title— 

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 
18 

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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 Federal Government. 

24 (e) GIFTS.—The Commission may accept, use, and 

25 dispose of gifts or donations of services or property. 
19 

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1 SEC. 305. 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 Federal 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. 
20 

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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 89A, 89B, 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 Federal Government employee may be detailed to the 

24 Commission without reimbursement, and such detail shall 
21 

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1 be without interruption or loss of civil service status or 

2 privilege. 

3 (e) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The chairperson of the Commission 

5 may procure temporary and intermittent services under 

6 section 3109(b) of title 5, United States Code, at rates 

7 for individuals which do not exceed the daily equivalent 

8 of the annual rate of basic pay prescribed for level V of 

9 the Executive Schedule under section 5316 of such title. 

10 SEC. 306. TERMINATION OF THE COMMISSION. 

11 The Commission shall terminate 90 days after the 

12 date on which the Commission submits the report under 

13 section 303(f). 

14 SEC. 307. CONGRESSIONAL CONSIDERATION OF REFORM 

15 PROPOSALS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) IMPLEMENTATION BILL.—The term ‘‘imple18 mentation bill’’ means only a bill which is introduced 

19 as provided under subsection (b), and contains the 

20 proposed legislation included in the report submitted 

21 to Congress under section 303, without modification. 

22 (2) CALENDAR DAY.—The term ‘‘calendar day’’ 

23 means a calendar day other than one on which ei24 ther House is not in session because of an adjourn25 ment of more than 3 days to a date certain. 
22 

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1 (b) INTRODUCTION; REFERRAL; AND REPORT OR

2 DISCHARGE.— 

3 (1) INTRODUCTION.—On the first calendar day 

4 on which both Houses are in session, on or imme5 diately following the date on which the report is sub6 mitted to Congress under section 303, a single im7 plementation bill shall be introduced (by request)— 

8 (A) in the Senate by the majority leader of 

9 the Senate, for himself and the minority leader 

10 of the Senate, or by Members of the Senate 

11 designated by the majority leader and minority 

12 leader of the Senate; and 

13 (B) in the House of Representatives by the 

14 Speaker of the House of Representatives, for 

15 himself and the minority leader of the House of 

16 Representatives, or by Members of the House of 

17 Representatives designated by the Speaker and 

18 minority leader of the House of Representa19 tives. 

20 (2) REFERRAL.—The implementation bills in21 troduced under paragraph (1) shall be referred to 

22 any appropriate committee of jurisdiction in the 

23 Senate and any appropriate committee of jurisdic24 tion in the House of Representatives. A committee 

25 to which an implementation bill is referred under 
23 

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1 this paragraph may review and comment on such 

2 bill, may report such bill to the respective House, 

3 and may not amend such bill. 

4 (3) REPORT OR DISCHARGE.—If a committee to 

5 which an implementation bill is referred has not re6 ported such bill by the end of the 15th calendar day 

7 after the date of the introduction of such bill, such 

8 committee shall be immediately discharged from fur9 ther consideration of such bill, and upon being re10 ported or discharged from the committee, such bill 

11 shall be placed on the appropriate calendar. 

12 (c) FLOOR CONSIDERATION.— 

13 (1) IN GENERAL.—When the committee to 

14 which an implementation bill is referred has re15 ported, or has been discharged under subsection 

16 (b)(3), it is at any time thereafter in order (even 

17 though a previous motion to the same effect has 

18 been disagreed to) for any Member of the respective 

19 House to move to proceed to the consideration of the 

20 implementation bill, and all points of order against 

21 the implementation bill (and against consideration of 

22 the implementation bill) are waived. The motion is 

23 highly privileged in the House of Representatives 

24 and is privileged in the Senate and is not debatable. 

25 The motion is not subject to amendment, or to a 
24 

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1 motion to postpone, or to a motion to proceed to the 

2 consideration of other business. A motion to recon3 sider the vote by which the motion is agreed to or 

4 disagreed to shall not be in order. If a motion to 

5 proceed to the consideration of the implementation 

6 bill is agreed to, the implementation bill shall remain 

7 the unfinished business of the respective House until 

8 disposed of. 

9 (2) AMENDMENTS.—An implementation bill 

10 may not be amended in the Senate or the House of 

11 Representatives. 

12 (3) DEBATE.—Debate on the implementation 

13 bill, and on all debatable motions and appeals in 

14 connection therewith, shall be limited to not more 

15 than 10 hours, which shall be divided equally be16 tween those favoring and those opposing the resolu17 tion. A motion further to limit debate is in order and 

18 not debatable. An amendment to, or a motion to 

19 postpone, or a motion to proceed to the consider20 ation of other business, or a motion to recommit the 

21 implementation bill is not in order. A motion to re22 consider the vote by which the implementation bill is 

23 agreed to or disagreed to is not in order. 

24 (4) VOTE ON FINAL PASSAGE.—Immediately 

25 following the conclusion of the debate on an imple-
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1 mentation bill, and a single quorum call at the con2 clusion of the debate if requested in accordance with 

3 the rules of the appropriate House, the vote on final 

4 passage of the implementation bill shall occur. 

5 (5) RULINGS OF THE CHAIR ON PROCEDURE.— 

6 Appeals from the decisions of the Chair relating to 

7 the application of the rules of the Senate or the 

8 House of Representatives, as the case may be, to the 

9 procedure relating to an implementation bill shall be 

10 decided without debate. 

11 (d) COORDINATION WITH ACTION BY OTHER

12 HOUSE.—If, before the passage by 1 House of an imple13 mentation bill of that House, that House receives from 

14 the other House an implementation bill, then the following 

15 procedures shall apply: 

16 (1) NONREFERRAL.—The implementation bill 

17 of the other House shall not be referred to a com18 mittee. 

19 (2) VOTE ON BILL OF OTHER HOUSE.—With 

20 respect to an implementation bill of the House re21 ceiving the implementation bill— 

22 (A) the procedure in that House shall be 

23 the same as if no implementation bill had been 

24 received from the other House; but 
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1 (B) the vote on final passage shall be on 

2 the implementation bill of the other House. 

3 (e) RULES OF SENATE AND HOUSE OF REPRESENTA4 TIVES.—This section is enacted by Congress— 

5 (1) as an exercise of the rulemaking power of 

6 the Senate and House of Representatives, respec7 tively, and as such it is deemed a part of the rules 

8 of each House, respectively, but applicable only with 

9 respect to the procedure to be followed in that 

10 House in the case of an implementation bill de11 scribed in subsection (a), and it supersedes other 

12 rules only to the extent that it is inconsistent with 

13 such rules; and 

14 (2) with full recognition of the constitutional 

15 right of either House to change the rules (so far as 

16 relating to the procedure of that House) at any time, 

17 in the same manner, and to the same extent as in 

18 the case of any other rule of that House. 

19 SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated for each of 

21 the fiscal years 2006 through 2008, such sums as may 

22 be necessary for carrying out this Act. 

Æ