II 

117TH CONGRESS 

1ST SESSION S. 2799 

To eliminate unnecessary spending by Federal agencies, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 21), 2021 

Ms. ERNST introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To eliminate unnecessary spending by Federal agencies, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prime Cancel Unneces5 sary Transactions and Spending Act’’ or the ‘‘Prime 

6 CUTS Act’’. 

7 SEC. 2. REQUIREMENTS FOR EXECUTIVE AGENCY SPEND8 ING AT THE END OF A FISCAL YEAR. 

9 (a) DEFINITIONS.—In this section: 


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1 (1) COVERED PERIOD.—The term ‘‘covered pe2 riod’’ means the 2-month period immediately pre3 ceding the end of a fiscal year. 

4 (2) DISCRETIONARY APPROPRIATIONS.—The 

5 term ‘‘discretionary appropriations’’ has the mean6 ing given the term in section 250(c) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985 

8 (2 U.S.C. 900(c)). 

9 (3) EXECUTIVE AGENCY.—The term ‘‘Executive 

10 agency’’ has the meaning given the term in section 

11 105 of title 5, United States Code. 

12 (b) REQUIREMENTS FOR EXECUTIVE AGENCY

13 SPENDING AT THE END OF A FISCAL YEAR.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (3), the amount of discretionary appropria16 tions obligated by an Executive agency during each 

17 month of a covered period may not exceed the aver18 age monthly amount of discretionary appropriations 

19 obligated by the Executive agency during the 10- 

20 month period immediately preceding the covered pe21 riod. 

22 (2) REPORT.—Not later than 60 days after the 

23 end of each fiscal year, each Executive agency shall 

24 submit to Congress and post on a publicly available 

25 website an itemized list of discretionary appropriaVerDate Sep 11 2014 23:43 Sep 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2799.IS S2799

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1 tions obligated by the Executive agency during the 

2 covered period immediately preceding the date on 

3 which the report is submitted. 

4 (3) EXCEPTION.—This section shall not apply 

5 with respect to any discretionary appropriations obli6 gated by an Executive agency for national security7 related activities. 

8 SEC. 3. AUTHORITY OF DEPARTMENT OF DEFENSE TO CON9 SOLIDATE INFRASTRUCTURE DISTRIBUTION 

10 CENTERS TO IMPROVE EFFECTIVENESS AND 

11 EFFICIENCY OF SUPPLY CHAIN AND INVEN12 TORY MANAGEMENT. 

13 (a) IN GENERAL.—The Secretary of Defense may 

14 consolidate infrastructure, including warehouses, at the 

15 distribution centers of the Department of Defense to im16 prove the effectiveness and efficiency of the supply chain 

17 and inventory management of the Department to support 

18 the needs of the Armed Forces and reduce costs. 

19 (b) PLAN.— 

20 (1) IN GENERAL.—Not later than 60 days be21 fore implementing any consolidation under sub22 section (a), the Secretary shall submit to Congress 

23 a plan for such consolidation. 


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1 (2) ELEMENTS.—Any plan submitted under 

2 paragraph (1) with respect to consolidation under 

3 subsection (a) shall include the following: 

4 (A) An estimate of the cost savings of such 

5 consolidation. 

6 (B) An itemized description of how such 

7 cost savings are expected to be spent. 

8 (C) A list of the specific facilities that will 

9 be subject to closure or disposal under such 

10 consolidation. 

11 (D) With respect to each facility subject to 

12 closure or disposal under such consolidation, an 

13 explanation of how the closure or disposal of 

14 the facility will increase the efficiency or en15 hance the functioning of the supply chain of the 

16 Department. 

17 (E) A certification that the overall effec18 tiveness of the supply chain of the Department 

19 will not be compromised or hindered by such 

20 consolidation. 

21 SEC. 4. COIN METAL MODERNIZATION AUTHORIZATION 

22 AND COST SAVINGS. 

23 (a) SAVING FEDERAL FUNDS BY AUTHORIZING

24 CHANGES TO THE COMPOSITION OF CIRCULATING


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1 COINS.—Section 5112 of title 31, United States Code, is 

2 amended by adding at the end the following: 

3 ‘‘(x) COMPOSITION OF CIRCULATING COINS.— 

4 ‘‘(1) IN GENERAL.—Notwithstanding any other 

5 provision of law, and subject to the other provisions 

6 of this subsection, the Director of the United States 

7 Mint (referred to in this subsection as the ‘Direc8 tor’), in consultation with the Secretary, may modify 

9 the metallic composition of circulating coins to a new 

10 metallic composition (including by prescribing rea11 sonable manufacturing tolerances with respect to 

12 those coins) if a study and analysis conducted by the 

13 United States Mint, including solicitation of input, 

14 including input on acceptor tolerances and require15 ments, from industry stakeholders who could be af16 fected by changes in the composition of circulating 

17 coins, indicates that the modification will— 

18 ‘‘(A) reduce costs incurred by the tax19 payers of the United States; 

20 ‘‘(B) be seamless, which shall mean the 

21 same diameter and weight as United States 

22 coinage being minted on the date of enactment 

23 of this subsection and that the coins will work 

24 interchangeably in most coin acceptors using 

25 electromagnetic signature technology; and 


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1 ‘‘(C) have as minimal an adverse impact as 

2 possible on the public and stakeholders. 

3 ‘‘(2) NOTIFICATION TO CONGRESS.—On the 

4 date that is at least 90 legislative days before the 

5 date on which the Director begins making a modi6 fication described in paragraph (1), the Director 

7 shall submit to Congress notice that— 

8 ‘‘(A) provides a justification for the modi9 fication, including the support for that modi10 fication in the study and analysis required 

11 under paragraph (1) with respect to the modi12 fication; 

13 ‘‘(B) describes how the modification will 

14 reduce costs incurred by the taxpayers of the 

15 United States; 

16 ‘‘(C) certifies that the modification will be 

17 seamless, as described in paragraph (1)(B); and 

18 ‘‘(D) certifies that the modification will 

19 have as minimal an adverse impact as possible 

20 on the public and stakeholders. 

21 ‘‘(3) CONGRESSIONAL AUTHORITY.—The Direc22 tor may begin making a modification proposed under 

23 this subsection not earlier than the date that is 90 

24 legislative days after the date on which the Director 

25 submits to Congress the notice required under paraVerDate Sep 11 2014 23:43 Sep 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2799.IS S2799

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1 graph (2) with respect to that modification, unless 

2 Congress, during the period of 90 legislative days 

3 beginning on the date on which the Director submits 

4 that notice— 

5 ‘‘(A) finds that the modification is not jus6 tified in light of the information contained in 

7 that notice; and 

8 ‘‘(B) enacts a joint resolution of dis9 approval of the proposed modification. 

10 ‘‘(4) PROCEDURES.—For purpose of paragraph 

11 (3)— 

12 ‘‘(A) a joint resolution of disapproval is a 

13 joint resolution the matter after the resolving 

14 clause of which is as follows: ‘That Congress 

15 disapproves the modification submitted by the 

16 Director of the United States Mint.’; and 

17 ‘‘(B) the procedural rules in the House of 

18 Representatives and the Senate for a joint reso19 lution of disapproval described under paragraph 

20 (3) shall be the same as provided for a joint 

21 resolution of disapproval under chapter 8 of 

22 title 5.’’. 

23 (b) DETERMINATION OF BUDGETARY EFFECTS.— 

24 The budgetary effects of this section, for the purpose of 

25 complying with the Statutory Pay-As-You-Go Act of 2010, 


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1 shall be determined by reference to the latest statement 

2 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

3 section, submitted for printing in the Congressional 

4 Record by the Chairman of the House Budget Committee, 

5 provided that such statement has been submitted prior to 

6 the vote on passage. 

7 SEC. 5. TERMINATION OF TAXPAYER FINANCING OF PRESI8 DENTIAL ELECTION CAMPAIGNS. 

9 (a) TERMINATION OF DESIGNATION OF INCOME TAX

10 PAYMENTS.—Section 6096 of the Internal Revenue Code 

11 of 1986 is amended by adding at the end the following 

12 new subsection: 

13 ‘‘(d) TERMINATION.—This section shall not apply to 

14 taxable years beginning after December 31, 2020.’’. 

15 (b) TERMINATION OF FUND AND ACCOUNT.— 

16 (1) TERMINATION OF PRESIDENTIAL ELECTION

17 CAMPAIGN FUND.— 

18 (A) IN GENERAL.—Chapter 95 of subtitle 

19 H of such Code is amended by adding at the 

20 end the following new section: 

21 ‘‘SEC. 9013. TERMINATION. 

22 ‘‘The provisions of this chapter shall not apply with 

23 respect to any Presidential election (or any Presidential 

24 nominating convention) after the date of the enactment 

25 of this section, or to any candidate in such an election.’’. 


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1 (B) TRANSFER OF REMAINING FUNDS.— 

2 Section 9006 of such Code is amended by add3 ing at the end the following new subsection: 

4 ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER TER5 MINATION.—The Secretary shall transfer the amounts in 

6 the fund as of the date of the enactment of this subsection 

7 to the general fund of the Treasury, to be used only for 

8 reducing the deficit.’’. 

9 (2) TERMINATION OF ACCOUNT.—Chapter 96 

10 of subtitle H of such Code is amended by adding at 

11 the end the following new section: 

12 ‘‘SEC. 9043. TERMINATION. 

13 ‘‘The provisions of this chapter shall not apply to any 

14 candidate with respect to any Presidential election after 

15 the date of the enactment of this section.’’. 

16 (c) CLERICAL AMENDMENTS.— 

17 (1) The table of sections for chapter 95 of sub18 title H of such Code is amended by adding at the 

19 end the following new item: 

‘‘Sec. 9013. Termination.’’. 

20 (2) The table of sections for chapter 96 of sub21 title H of such Code is amended by adding at the 

22 end the following new item: 

‘‘Sec. 9043. Termination.’’. 


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1 SEC. 6. PROHIBITIONS; PUBLIC RELATIONS AND ADVER2 TISING SPENDING. 

3 (a) DEFINITIONS.—In this section: 

4 (1) ADVERTISING.—The term ‘‘advertising’’ 

5 means the placement of messages in media that are 

6 intended to inform or persuade an audience, includ7 ing placement in television, radio, a magazine, a 

8 newspaper, digital media, direct mail, a tangible 

9 product, an exhibit, or a billboard. 

10 (2) AGENCY.—The term ‘‘agency’’ has the 

11 meaning given the term in section 551 of title 5, 

12 United States Code. 

13 (3) MASCOT.—The term ‘‘mascot’’— 

14 (A) means an individual, animal, or object 

15 adopted by an agency as a symbolic figure to 

16 represent the agency or the mission of the 

17 agency; and 

18 (B) includes a costumed character. 

19 (4) PUBLIC RELATIONS.—The term ‘‘public re20 lations’’ means communications by an agency that 

21 are directed to the public, including activities dedi22 cated to maintaining the image of the governmental 

23 unit or maintaining or promoting understanding and 

24 favorable relations with the community or the public. 

25 (5) RETURN ON INVESTMENT.—The term ‘‘re26 turn on investment’’ means, with respect to the pubVerDate Sep 11 2014 23:43 Sep 25, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2799.IS S2799

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1 lic relations and advertising spending by an agency, 

2 a positive return in achieving agency or program 

3 goals relative to the investment in advertising and 

4 marketing materials. 

5 (6) SWAG.—The term ‘‘swag’’— 

6 (A) means a tangible product or merchan7 dise distributed at no cost with the sole purpose 

8 of advertising or promoting an agency, organi9 zation, or program; 

10 (B) includes blankets, buttons, candy, 

11 clothing, coloring books, cups, fidget spinners, 

12 hats, holiday ornaments, jar grip openers, 

13 keychains, koozies, magnets, neckties, snuggies, 

14 stickers, stress balls, stuffed animals, 

15 thermoses, tote bags, trading cards, and writing 

16 utensils; and 

17 (C) does not include— 

18 (i) an item presented as an honorary 

19 or informal recognition award related to 

20 the Armed Forces of the United States, 

21 such as a challenge coin or medal issued 

22 for sacrifice or meritorious service; 

23 (ii) a brochure or pamphlet purchased 

24 or distributed for informational purposes; 

25 or 


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1 (iii) an item distributed for diplomatic 

2 purposes, including a gift for a foreign 

3 leader. 

4 (b) PROHIBITIONS.—Except as provided in sub5 section (d), and unless otherwise expressly authorized by 

6 law— 

7 (1) an agency or other entity of the Federal 

8 Government may not use Federal funds to purchase 

9 or otherwise acquire or distribute swag; and 

10 (2) an agency or other entity of the Federal 

11 Government may not use Federal funds to manufac12 ture or use a mascot to promote an agency, organi13 zation, program, or agenda. 

14 (c) PUBLIC RELATIONS AND ADVERTISING SPEND15 ING.—Each agency shall, as part of the annual budget jus16 tification submitted to Congress, report on the public rela17 tions and advertising spending of the agency for the pre18 ceding fiscal year, which may include an estimate of the 

19 return on investment for the agency. 

20 (d) EXCEPTIONS.— 

21 (1) SWAG.—Subsection (b)(1) shall not apply 

22 with respect to— 

23 (A) an agency program that supports the 

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1 ing, provided that the spending generates a 

2 positive return on investment for the agency; 

3 (B) recruitment relating to— 

4 (i) enlistment or employment with the 

5 Armed Forces; or 

6 (ii) employment with the Federal Gov7 ernment; or 

8 (C) an item distributed by the Bureau of 

9 the Census to assist the Bureau in conducting 

10 a census of the population of the United States. 

11 (2) MASCOTS.—Subsection (b)(2) shall not 

12 apply with respect to— 

13 (A) a mascot that is declared the property 

14 of the United States under a provision of law, 

15 including under section 2 of Public Law 93–318 

16 (16 U.S.C. 580p–1); or 

17 (B) a mascot relating to the Armed Forces 

18 of the United States. 

19 (e) REGULATIONS.—Not later than 180 days after 

20 the date of enactment of this Act, the Director of the Of21 fice of Management and Budget shall issue regulations to 

22 carry out this section. 


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1 SEC. 7. PROHIBITION ON USE OF FEDERAL FUNDS FOR 

2 CERTAIN TRANSIT AND RAIL PROJECTS. 

3 Notwithstanding any other provision of law, the Sec4 retary of Transportation shall not provide any new assist5 ance for a transit or rail project if— 

6 (1) the overall cost projection to complete the 

7 project exceeds the original cost projection by at 

8 least $1,000,000,000; and 

9 (2) the operational and administrative costs of 

10 the service provided by the project are projected to 

11 exceed the revenues generated from ridership annu12 ally over the next decade. 

Æ 


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