I 

112TH CONGRESS 

1ST SESSION H. R. 2319 

To cap noninterest Federal spending as a percentage of full employment 

GDP, to require that budgets and budget resolutions adhere to these 

caps, to enforce these caps, to increase financial transparency for mandatory programs, to provide for a line-item adjustment, to require the 

parings of significant spending increases and adjustments to the debt 

ceiling, and to provide for a Federal Sunset commission to assist Congress in eliminating Federal agencies and programs that no longer serve 

a public need or reforming those that are inefficient or ineffective in 

serving a public need, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2011 

Mr. BRADY of Texas 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 cap noninterest Federal spending as a percentage of 

full employment GDP, to require that budgets and budget resolutions adhere to these caps, to enforce these 

caps, to increase financial transparency for mandatory 

programs, to provide for a line-item adjustment, to require the parings of significant spending increases and 

adjustments to the debt ceiling, and to provide for a 

Federal Sunset commission to assist Congress in eliminating Federal agencies and programs that no longer 


ebenthall on DSK29S0YB1PROD with BILLS
2 

•HR 2319 IH

serve a public need or reforming those that are inefficient 

or ineffective in serving a public need, 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; TABLE OF CONTENTS. 

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

5 ‘‘Maximizing America’s Prosperity Act of 2011’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—STATUTORY CAP ON TOTAL FEDERAL SPENDING 

Sec. 101. Total spending limits. 

Sec. 102. Allocation for emergencies. 

Sec. 103. Reports and orders. 

Sec. 104. Spending reduction orders. 

TITLE II—FISCALLY RESPONSIBLE BUDGET 

Sec. 201. President’s budget submissions to Congress. 

Sec. 202. Concurrent resolutions on the budget. 

TITLE III—LEGISLATIVE LINE ITEM REDUCTION ACT OF 2011 

Sec. 301. Short title. 

Sec. 302. Legislative line item reduction. 

TITLE IV—PERMANENT CONTINUING RESOLUTION 

Sec. 401. Automatic continuing appropriations. 

TITLE V—TRANSPARENCY 

Sec. 501. Inclusion in annual social security account statement of estimated 

present value of taxes and benefits for Social Security and 

Medicare and projected deficit as a percent of lifetime earnings. 

TITLE VI—DEBT IMPACT 

Sec. 601. CBO spending and revenue estimates. 

TITLE VII—FEDERAL SUNSET 

Sec. 701. Short title. 

Sec. 702. Review and abolishment of Federal agencies. 

Sec. 703. Establishment of Commission. 


ebenthall on DSK29S0YB1PROD with BILLS
3 

•HR 2319 IH

Sec. 704. Review of efficiency and need for Federal agencies. 

Sec. 705. Criteria for review. 

Sec. 706. Oversight by Commission. 

Sec. 707. Disposition of agency affairs. 

Sec. 708. Program inventory. 

Sec. 709. Expedited consideration of schedule for review. 

Sec. 710. Definitions. 

Sec. 711. Offset of amounts appropriated. 

TITLE VIII—SEVERABILITY 

Sec. 801. Severability. 

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Excessive Federal spending relative to the 

4 size of the U.S. economy as measured by gross do5 mestic product (GDP) has created large, persistent 

6 budget deficits and an unsustainable increase in 

7 Federal debt. 

8 (2) The current level of Federal spending as a 

9 percentage of GDP is well above both its post-World 

10 War II average and the level found by most econo11 mists to maximize economic growth. According to 

12 the nonpartisan Congressional Budget Office, if cur13 rent policies are not changed, Federal spending as a 

14 percentage of GDP will explode to 35 percent of 

15 GDP by fiscal year 2035. 

16 (3) A legislative spending cap is the most effec17 tive means of controlling excessive Federal spending. 

18 (4)(A) Congress can directly control discre19 tionary and mandatory spending through legislative 


ebenthall on DSK29S0YB1PROD with BILLS
4 

•HR 2319 IH

1 changes, but Congress cannot directly control inter2 est spending. 

3 (B) The Federal Reserve should conduct mone4 tary policy independently from fiscal policy with the 

5 goal of maintaining long-term price stability. Thus, 

6 using total spending instead of noninterest spending 

7 as the basis of the cap may create undue pressure 

8 on the Federal Reserve to pursue an overly accom9 modative monetary policy for too long in order to 

10 maintain low interest rates to help Congress keep 

11 total spending within its spending cap. If the Fed12 eral Reserve were to succumb to this pressure, the 

13 United States would suffer from greater price infla14 tion and a declining foreign exchange value of the 

15 U.S. dollar. 

16 (C) Therefore, the spending cap should be 

17 based on noninterest spending. 

18 (5) A cap on noninterest spending should be 

19 relative to the size of the economy. However, using 

20 actual or projected GDP as the denominator would 

21 make the spending cap, and thus Federal spending, 

22 susceptible to fluctuations in the economic cycle. 

23 Hence, using an alternative measurement such as 

24 full employment GDP would allow for greater staVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
5 

•HR 2319 IH

1 bility in Federal spending through the economic 

2 cycle. 

3 (6) To adhere to spending caps, Congress needs 

4 additional tools to balance the special interest de5 mands for additional spending with the broader pub6 lic interest for spending restraint. 

7 TITLE I—STATUTORY CAP ON 

8 TOTAL FEDERAL SPENDING 

9 SEC. 101. TOTAL SPENDING LIMITS. 

10 (a) TOTAL SPENDING LIMITS.—After section 252 of 

11 the Balanced Budget and Emergency Deficit Control Act 

12 of 1985, add the following new section: 

13 ‘‘SEC. 252A. TOTAL SPENDING LIMITS. 

14 ‘‘(a) PROJECTIONS.— 

15 ‘‘(1) OMB REPORT.—OMB shall prepare a re16 port comparing projected total spending under sec17 tion 257 and the total spending limits in subsection 

18 (c), and include such report in the budget as sub19 mitted by the President annually under section 

20 1105(a) of title 31, United States Code. 

21 ‘‘(2) CBO REPORT.—CBO shall prepare a re22 port comparing projected total spending under sec23 tion 257 and the total spending limits in subsection 

24 (c) and include such report in the CBO annual base25 line and reestimate of the President’s budget. 


ebenthall on DSK29S0YB1PROD with BILLS
6 

•HR 2319 IH

1 ‘‘(3) INCLUSION IN SPENDING REDUCTION OR2 DERS.—Reports prepared pursuant to this sub3 section shall be included in the spending reduction 

4 report. 

5 ‘‘(b) SPENDING REDUCTION ORDER.—A spending re6 duction order shall be implemented using the procedures 

7 set forth in section 256. 

8 ‘‘(c) FISCAL YEARS OF THE TOTAL SPENDING PE9 RIOD.—The fiscal years within the total spending period 

10 shall be as follows: 

11 ‘‘(1) Fiscal year 2013: 19.0 percent of full em12 ployment GDP. 

13 ‘‘(2) Fiscal year 2014: 18.0 percent of full em14 ployment GDP. 

15 ‘‘(3) Fiscal year 2015: 17.4 percent of full em16 ployment GDP. 

17 ‘‘(4) Fiscal year 2016: 17.2 percent of full em18 ployment GDP. 

19 ‘‘(5) Fiscal year 2017: 17.0 percent of full em20 ployment GDP. 

21 ‘‘(6) Fiscal year 2018: 16.8 percent of full em22 ployment GDP. 

23 ‘‘(7) Fiscal year 2019: 16.7 percent of full em24 ployment GDP. 


ebenthall on DSK29S0YB1PROD with BILLS
7 

•HR 2319 IH

1 ‘‘(8) Fiscal year 2020: 16.6 percent of full em2 ployment GDP. 

3 ‘‘(9) Fiscal year 2021 and subsequent fiscal 

4 years: 16.5 percent of full employment GDP. 

5 ‘‘(d) REDUCTION FOR UNFUNDED FEDERAL MAN6 DATES.—The amount determined under subsection (c) 

7 with respect to each fiscal year shall be reduced by an 

8 amount equal to the amount of the unfunded direct costs 

9 with respect to such fiscal year of Federal mandates (as 

10 such terms are defined under section 421) enacted after 

11 the date of the enactment of this section. Such amount 

12 shall not be treated as being less than zero with respect 

13 to any fiscal year.’’. 

14 (b) DEFINITIONS.—Section 3 of the Congressional 

15 Budget and Impoundment Control Act of 1974 (2 U.S.C. 

16 622) is amended by adding at the end the following new 

17 paragraphs: 

18 ‘‘(11) The term ‘total spending’ means all out19 lays of the Government including those from off20 budget entities and budget authority and outlays 

21 flowing therefrom, as applicable, designated as emer22 gencies, and excluding net interest. 

23 ‘‘(12) The term ‘total spending limit’ means the 

24 maximum permissible total spending of the GovernVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
8 

•HR 2319 IH

1 ment set forth as a percentage of estimated full em2 ployment GDP. 

3 ‘‘(13) The term ‘full employment GDP’ has the 

4 same meaning as the term potential GDP used by 

5 the Congressional Budget Office, which is the gross 

6 domestic product that would occur if the economy 

7 were at full employment, not exceeding the employ8 ment level at which inflation would occur .’’. 

9 (c) CONFORMING AMENDMENT.—The table of con10 tents set forth in 250(c) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985 is amended by in12 serting after the item relating to section 252A the fol13 lowing new item: 

‘‘Sec. 252A. Total spending limits.’’. 

14 SEC. 102. ALLOCATION FOR EMERGENCIES. 

15 (a) Section 302(a) of the Congressional Budget Act 

16 of 1974 is amended by adding at the end the following 

17 new paragraph: 

18 ‘‘(6) ALLOCATION TO THE COMMITTEES ON AP19 PROPRIATIONS FOR EMERGENCIES.—Of the amounts 

20 of new budget authority and outlays allocated to the 

21 Committees on Appropriations for the first fiscal 

22 year of the concurrent resolution on the budget, 1 

23 percent shall be set aside for emergencies and may 

24 be used for no other purpose.’’. 


ebenthall on DSK29S0YB1PROD with BILLS
9 

•HR 2319 IH

1 (b) Section 1105(a)(14) of title 31, United States 

2 Code, is amended by inserting ‘‘, including an amount for 

3 emergency spending not less than 1 percent of all discre4 tionary spending for that year’’ before the period. 

5 SEC. 103. REPORTS AND ORDERS. 

6 Section 254 of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985 is amended to read as follows: 

8 ‘‘SEC. 254. REPORTS AND ORDERS. 

9 ‘‘(a) TIMETABLE.— 

‘‘Date: Action to be completed: 

5 days before the President’s 

budget submission.

CBO sequestration preview report. 

President’s budget submission .. OMB sequestration preview report. 

August 10 .................................. CBO sequestration update report. 

August 20 .................................. OMB sequestration update report. 

10 days after end of session ...... CBO sequestration final report. 

15 days after end of session ...... OMB sequestration final report; Presidential 

order. 

10 ‘‘(b) SUBMISSION AND AVAILABILITY OF REPORTS.— 

11 Each report required by this section shall be submitted 

12 to the Committees on the Budget of the House of Rep13 resentatives and the Senate. On the following day a notice 

14 of the report shall be printed in the Federal Register. 

15 ‘‘(c) SEQUESTRATION PREVIEW REPORT.— 

16 ‘‘(1) REPORTING REQUIREMENT.—On the dates 

17 specified in subsection (a), OMB and CBO shall 

18 issue a preview report regarding discretionary limits 

19 and total spending limits, with sequestration based 

20 on laws enacted through those dates. 


ebenthall on DSK29S0YB1PROD with BILLS
10 

•HR 2319 IH

1 ‘‘(2) TOTAL SPENDING LIMIT SEQUESTRATION

2 REPORT.—The preview reports shall set forth for the 

3 budget year estimates for the following: 

4 ‘‘(A) The total spending limit. 

5 ‘‘(B) The estimated total spending 

6 amount. 

7 ‘‘(C) The full employment GDP, as derived 

8 by OMB from the most recent report of the 

9 Congressional Budget Office entitled ‘The 

10 Budget and Economic Outlook’. 

11 ‘‘(D) The amount of reductions required 

12 under section 252A. 

13 ‘‘(3) EXPLANATION OF DIFFERENCES.—The 

14 OMB reports shall explain the differences between 

15 OMB and CBO estimates for each item set forth in 

16 this subsection. 

17 ‘‘(d) SEQUESTRATION UPDATE REPORT.—On the 

18 dates specified in subsection (a), OMB and CBO shall 

19 issue a sequestration update report, reflecting laws en20 acted through those dates, containing all of the informa21 tion required in the sequestration preview report. 

22 ‘‘(e) SEQUESTRATION FINAL REPORT.— 

23 ‘‘(1) REPORTING REQUIREMENT.—On the dates 

24 specified in subsection (a), OMB and CBO shall 

25 issue a sequestration final report, reflecting laws enVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
11 

•HR 2319 IH

1 acted through those dates, containing all of the in2 formation required in the sequestration preview re3 port. 

4 ‘‘(2) PRESIDENTIAL ORDER.—On the date spec5 ified in subsection (a), if in its sequestration final 

6 report OMB estimates that any sequestration is re7 quired, the President shall issue an order fully im8 plementing without change all sequestrations re9 quired by the OMB calculations set forth in that re10 port. This order shall be effective on issuance. 

11 ‘‘(f) GAO COMPLIANCE REPORT.—Upon request of 

12 the Committee on the Budget of the House of Representa13 tives or the Senate, the Comptroller General shall submit 

14 to the Congress and the President a report on— 

15 ‘‘(1) the extent to which each order issued by 

16 the President under this section complies with all of 

17 the requirements contained in this part, either certi18 fying that the order fully and accurately complies 

19 with such requirements or indicating the respects in 

20 which it does not; and 

21 ‘‘(2) the extent to which each report issued by 

22 OMB or CBO under this section complies with all of 

23 the requirements contained in this part, either certi24 fying that the report fully and accurately complies 


ebenthall on DSK29S0YB1PROD with BILLS
12 

•HR 2319 IH

1 with such requirements or indicating the respects in 

2 which it does not. 

3 ‘‘(g) ECONOMIC AND TECHNICAL ASSUMPTIONS.—In 

4 all reports required by this section, OMB shall use the 

5 same economic and technical assumptions as used in the 

6 most recent budget submitted by the President under sec7 tion 1105(a) of title 31, United States Code’’. 

8 SEC. 104. SPENDING REDUCTION ORDERS. 

9 (a) IN GENERAL.—Section 256 of the Balanced 

10 Budget and Emergency Deficit Control Act of 1985 is 

11 amended to read as follows: 

12 ‘‘SEC. 256. SPENDING REDUCTION ORDER. 

13 ‘‘(a) GENERAL RULES.— 

14 ‘‘(1) CALCULATION OF SPENDING REDUCTION

15 PERCENTAGE.—OMB shall include in its final 

16 spending sequestration report a requirement that 

17 each nonexempt spending account shall be reduced 

18 by an amount of budget authority calculated by mul19 tiplying the baseline level of budgetary resources in 

20 that account at that time by the uniform percentage 

21 necessary to reduce outlays sufficient to eliminate an 

22 excess spending amount. 

23 ‘‘(2) EXEMPTIONS.—The following shall be ex24 empt from reduction under any order issued under 

25 this part: 


ebenthall on DSK29S0YB1PROD with BILLS
13 

•HR 2319 IH

1 ‘‘(A) Payments for net interest. 

2 ‘‘(B) Obligated balances of budget author3 ity carried over from prior fiscal years. 

4 ‘‘(C) Any obligations of the Federal Gov5 ernment required to be paid under the United 

6 States Constitution or legally contractual obli7 gations. 

8 ‘‘(D) Intragovernmental transfers. 

9 ‘‘(3) REDUCTION LIMITATION.—(A) No discre10 tionary budget account shall be subject to a spend11 ing reduction of more than ten percent of its budg12 etary resources. 

13 ‘‘(B) No direct spending program shall be sub14 ject to a spending reduction which exceeds the elimi15 nation of the entire automatic spending increase for 

16 that program for the fiscal year to which the appli17 cable sequestration applies. 

18 ‘‘(C) Notwithstanding subparagraph (A) or (B), 

19 a spending reduction of 100 percent shall occur for 

20 any existing program that is not operative on the 

21 applicable final spending sequestration report. 

22 ‘‘(4) APPLICATION.—Once issued, a spending 

23 reduction shall be applied to nonexempt programs as 

24 follows: 


ebenthall on DSK29S0YB1PROD with BILLS
14 

•HR 2319 IH

1 ‘‘(A) Budgetary resources subject to a 

2 spending reduction to any discretionary account 

3 shall be permanently canceled. 

4 ‘‘(B) The same percentage spending reduc5 tion shall apply to all programs, projects, and 

6 activities within a budget account (with pro7 grams, projects, and activities as delineated in 

8 the appropriation Act or accompanying report 

9 for the relevant fiscal year covering that ac10 count, or for accounts not included in appro11 priation Acts, as delineated in the most recently 

12 submitted President’s budget). 

13 ‘‘(C) Administrative regulations imple14 menting a spending reduction shall be made 

15 within 120 days of the issue of a spending re16 duction order. 

17 ‘‘(b) EMERGENCIES.—(1) No funding shall be subject 

18 to sequestration or counted for purposes of calculating a 

19 sequester if it is designated for an emergency program 

20 under this section and so designated by the President. 

21 ‘‘(2) Congress shall not designate a program an 

22 emergency program unless such designation is agreed to 

23 in accordance with the requirements of paragraph (1) of 

24 clause 1 of rule XV of the Rules of the House of Rep25 resentatives.’’. 


ebenthall on DSK29S0YB1PROD with BILLS
15 

•HR 2319 IH

1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 (1) REPEALS.—Sections 255 and 275 of the 

3 Balanced Budget and Emergency Deficit Control 

4 Act of 1985 are repealed. 

5 (2) CONFORMING AMENDMENT.—The item re6 lating to section 256 in the table of contents set 

7 forth in section 250(a) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985 is amended 

9 to read as follows: 

‘‘Sec. 256. Spending reduction order.’’. 

10 TITLE II—FISCALLY 

11 RESPONSIBLE BUDGET 

12 SEC. 201. PRESIDENT’S BUDGET SUBMISSIONS TO CON13 GRESS. 

14 Section 1105 of title 31, United States Code, is 

15 amended by adding at the end the following new sub16 section: 

17 ‘‘(i)(1) The budget transmitted pursuant to sub18 section (a) shall be in compliance with the statutory cap 

19 on total Federal spending set forth in the Maximizing 

20 America’s Prosperity Act of 2011. 

21 ‘‘(2) Any budget transmitted pursuant to subsection 

22 (a) or paragraph (1) for a fiscal year shall include the 

23 following: 

24 ‘‘(A) A plan to ensure that the OASDI and HI 

25 trust funds will not be exhausted during the 75-year 


ebenthall on DSK29S0YB1PROD with BILLS
16 

•HR 2319 IH

1 projection period and that the trust fund ratios will 

2 not be declining at the end of such period if the re3 port from the Actuaries indicate a shortfall in the 

4 trust funds. 

5 ‘‘(B) A prioritization of non-exempt spending 

6 (as described in section 256(a)(2) of the Balanced 

7 Budget and Emergency Deficit Control Act of 

8 1985), by ranking all programs, projects, and activi9 ties of the Government in five categories from the— 

10 ‘‘(i) most essential to 

11 ‘‘(ii) essential to 

12 ‘‘(iii) somewhat essential to 

13 ‘‘(iv) less essential to 

14 ‘‘(v) least essential, 

15 with not less than 12 percent of total non-exempt 

16 spending falling into any one category. 

17 For purposes of subparagraph (A), the term ‘OASDI trust 

18 fund ratio’ has the meaning provided in section 

19 201(l)(3)(B)(iii) of the Social Security Act and the term 

20 ‘Hospital Insurance Trust Fund ratio’ has the meaning 

21 provided in section 201(l)(5)(B) of such Act, and such 

22 budget shall facilitate the plan.’’. 


ebenthall on DSK29S0YB1PROD with BILLS
17 

•HR 2319 IH

1 SEC. 202. CONCURRENT RESOLUTIONS ON THE BUDGET. 

2 (a) IN GENERAL.—Section 312 of the Congressional 

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

4 following new subsection: 

5 ‘‘(g) STATUTORY CAP ON TOTAL FEDERAL SPEND6 ING POINT OF ORDER.—It shall not be in order in the 

7 House of Representatives or the Senate to consider any 

8 concurrent resolution on the budget that sets forth total 

9 Federal outlays for any fiscal year in excess of those set 

10 forth for that fiscal year in section 252A of the Balanced 

11 Budget and Emergency Deficit Control Act of 1985.’’. 

12 (b) CONFORMING AMENDMENT.—Subsections (c)(2) 

13 and (d)(3) of section 904 of the Congressional Budget Act 

14 of 1974 are each amended by striking ‘‘and 312(c)’’ and 

15 inserting ‘‘312(c), and 312(g)’’. 

16 TITLE III—LEGISLATIVE LINE 

17 ITEM REDUCTION ACT OF 2011 

18 SEC. 301. SHORT TITLE. 

19 This title may be cited as the ‘‘Legislative Line Item 

20 Reduction Act of 2011’’. 

21 SEC. 302. LEGISLATIVE LINE ITEM REDUCTION. 

22 (a) IN GENERAL.—Title X of the Congressional 

23 Budget and Impoundment Control Act of 1974 (2 U.S.C. 

24 621 et seq.) is amended by striking part C and inserting 

25 the following: 


ebenthall on DSK29S0YB1PROD with BILLS
18 

•HR 2319 IH

1 ‘‘PART C—LEGISLATIVE LINE ITEM REDUCTION

2 ‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED

3 RESCISSIONS

4 ‘‘SEC. 1021. 

5 ‘‘(a) PROPOSED RESCISSIONS.—The President may 

6 send a special message, at the time and in the manner 

7 provided in subsection (b), that proposes to rescind dollar 

8 amounts of discretionary budget authority and items of 

9 direct spending. 

10 ‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— 

11 ‘‘(1) SPECIAL MESSAGE.— 

12 ‘‘(A) IN GENERAL.— 

13 ‘‘(i) FOUR MESSAGES.—The President 

14 may transmit to Congress not to exceed 4 

15 special messages per calendar year, pro16 posing to rescind dollar amounts of discre17 tionary budget authority and items of di18 rect spending. 

19 ‘‘(ii) TIMING.—Special messages may 

20 be transmitted under clause (i)— 

21 ‘‘(I) with the President’s budget 

22 submitted pursuant to section 1105 of 

23 title 31, United States Code; and 

24 ‘‘(II) 3 other times as determined 

25 by the President. 


ebenthall on DSK29S0YB1PROD with BILLS
19 

•HR 2319 IH

1 ‘‘(iii) LIMITATIONS.— 

2 ‘‘(I) IN GENERAL.—Special mes3 sages shall be submitted within 1 cal4 endar year of the date of enactment of 

5 any dollar amount of discretionary 

6 budget authority or item of direct 

7 spending the President proposes to re8 scind pursuant to this title. 

9 ‘‘(II) RESUBMITTAL.—If Con10 gress rejects or does not complete ac11 tion on a bill introduced under this 

12 title, the President may resubmit 

13 some or all of the dollar amounts of 

14 discretionary budget authority and 

15 items of direct spending in that bill in 

16 not more than 1 additional special 

17 message under this part or part B. 

18 ‘‘(B) CONTENTS OF SPECIAL MESSAGE.— 

19 Each special message shall specify, with respect 

20 to the dollar amount of discretionary budget au21 thority or item of direct spending proposed to 

22 be rescinded— 

23 ‘‘(i) the dollar amount of discretionary 

24 budget authority available and proposed 

25 for rescission from accounts, departments, 


ebenthall on DSK29S0YB1PROD with BILLS
20 

•HR 2319 IH

1 or establishments of the government and 

2 the dollar amount of the reduction in out3 lays that would result from the enactment 

4 of such rescission of discretionary budget 

5 authority for the time periods set forth in 

6 subparagraph (A)(iii); 

7 ‘‘(ii) the specific items of direct spend8 ing proposed for rescission and the dollar 

9 amounts of the reductions in budget au10 thority and outlays or increases in receipts 

11 that would result from enactment of such 

12 rescission for the time periods set forth in 

13 subparagraph (A)(iii); 

14 ‘‘(iii) the budgetary effects of pro15 posals for rescission, estimated as of the 

16 date the President submits the special 

17 message, relative to the most recent levels 

18 calculated consistent with the methodology 

19 described in section 257 of the Balanced 

20 Budget and Emergency Deficit Control Act 

21 of 1985 and included with a budget sub22 mission under section 1105(a) of title 31, 

23 United States Code, for the time periods 

24 of— 


ebenthall on DSK29S0YB1PROD with BILLS
21 

•HR 2319 IH

1 ‘‘(I) the fiscal year in which the 

2 proposal is submitted; and 

3 ‘‘(II) each of the 10 following fis4 cal years beginning with the fiscal 

5 year after the fiscal year in which the 

6 proposal is submitted; 

7 ‘‘(iv) any account, department, or es8 tablishment of the Government to which 

9 such dollar amount of discretionary budget 

10 authority or item of direct spending is 

11 available for obligation, and the specific 

12 project or governmental functions involved; 

13 ‘‘(v) the reasons why such dollar 

14 amount of discretionary budget authority 

15 or item of direct spending should be re16 scinded; 

17 ‘‘(vi) the estimated fiscal and eco18 nomic impacts, of the proposed rescission; 

19 ‘‘(vii) to the maximum extent prac20 ticable, all facts, circumstances, and con21 siderations relating to or bearing upon the 

22 proposed rescission and the decision to ef23 fect the proposed rescission, and the esti24 mated effect of the proposed rescission 

25 upon the objects, purposes, and programs 


ebenthall on DSK29S0YB1PROD with BILLS
22 

•HR 2319 IH

1 for which the budget authority or items of 

2 direct spending are provided; and 

3 ‘‘(viii) a draft bill that, if enacted, 

4 would rescind the budget authority and 

5 items of direct spending proposed to be re6 scinded in that special message. 

7 ‘‘(2) ANALYSIS BY CONGRESSIONAL BUDGET

8 OFFICE.— 

9 ‘‘(A) IN GENERAL.—Upon the receipt of a 

10 special message under this section proposing to 

11 rescind dollar amounts of discretionary budget 

12 authority and items of direct spending the Di13 rector of the Congressional Budget Office shall 

14 prepare an estimate of the savings in budget 

15 authority or outlays resulting from such pro16 posed rescission. 

17 ‘‘(B) METHODOLOGY.—The estimates re18 quired by subparagraph (A) shall be made rel19 ative to the most recent levels calculated con20 sistent with the methodology used to calculate 

21 a baseline under section 257 of the Balanced 

22 Budget and Emergency Control Act of 1985 

23 and included with a budget submission under 

24 section 1105(a) of title 31, United States Code, 

25 and transmitted to the chairmen of the ComVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
23 

•HR 2319 IH

1 mittees on the Budget of the House of Rep2 resentatives and Senate. 

3 ‘‘(3) ENACTMENT OF RESCISSION BILL.— 

4 ‘‘(A) DEFICIT REDUCTION.—Amounts of 

5 budget authority or items of direct spending 

6 that are rescinded pursuant to enactment of a 

7 bill as provided under this section shall be dedi8 cated only to deficit reduction and shall not be 

9 used as an offset for other spending increases 

10 or revenue reductions. 

11 ‘‘(B) ADJUSTMENT OF BUDGET TAR12 GETS.—Not later than 5 days after the date of 

13 enactment of a rescission bill as provided under 

14 this section, the chairs of the Committees on 

15 the Budget of the Senate and the House of 

16 Representatives shall revise spending and rev17 enue levels under section 311(a) of the Con18 gressional Budget Act of 1974 and adjust the 

19 committee allocations under section 302(a) of 

20 the Congressional Budget Act of 1974 or any 

21 other adjustments as may be appropriate to re22 flect the rescission. The adjustments shall re23 flect the budgetary effects of such rescissions as 

24 estimated by the President pursuant to para25 graph (1)(B)(iii). The appropriate committees 


ebenthall on DSK29S0YB1PROD with BILLS
24 

•HR 2319 IH

1 shall report revised allocations pursuant to sec2 tion 302(b) of the Congressional Budget Act of 

3 1974. Notwithstanding any other provision of 

4 law, the revised allocations and aggregates shall 

5 be considered to have been made under a con6 current resolution on the budget agreed to 

7 under the Congressional Budget Act of 1974 

8 and shall be enforced under the procedures of 

9 that Act. 

10 ‘‘(C) ADJUSTMENTS TO CAPS.—After en11 actment of a rescission bill as provided under 

12 this section, the President shall revise applica13 ble limits under the Maximizing America’s 

14 Prosperity Act of 2011, as appropriate. 

15 ‘‘(c) PROCEDURES FOR EXPEDITED CONSIDER16 ATION.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) INTRODUCTION.—Before the close of 

19 the second day of session of the Senate and the 

20 House of Representatives, respectively, after the 

21 date of receipt of a special message transmitted 

22 to Congress under subsection (b), the majority 

23 leader of each House, for himself, or minority 

24 leader of each House, for himself, or a Member 

25 of that House designated by that majority leadVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
25 

•HR 2319 IH

1 er or minority leader shall introduce (by re2 quest) the President’s draft bill to rescind the 

3 amounts of budget authority or items of direct 

4 spending, as specified in the special message 

5 and the President’s draft bill. If the bill is not 

6 introduced as provided in the preceding sen7 tence in either House, then, on the third day of 

8 session of that House after the date of receipt 

9 of that special message, any Member of that 

10 House may introduce the bill. 

11 ‘‘(B) REFERRAL AND REPORTING.— 

12 ‘‘(i) ONE COMMITTEE.—The bill shall 

13 be referred by the presiding officer to the 

14 appropriate committee. The committee 

15 shall report the bill without any revision 

16 and with a favorable, an unfavorable, or 

17 without recommendation, not later than 

18 the fifth day of session of that House after 

19 the date of introduction of the bill in that 

20 House. If the committee fails to report the 

21 bill within that period, the committee shall 

22 be automatically discharged from consider23 ation of the bill, and the bill shall be 

24 placed on the appropriate calendar. 

25 ‘‘(ii) MULTIPLE COMMITTEES.— 


ebenthall on DSK29S0YB1PROD with BILLS
26 

•HR 2319 IH

1 ‘‘(I) REFERRALS.—If a bill con2 tains provisions in the jurisdiction of 

3 more than 1 committee, the bill shall 

4 be jointly referred to the committees 

5 of jurisdiction and the Committee on 

6 the Budget. 

7 ‘‘(II) VIEWS OF COMMITTEE.— 

8 Any committee, other than the Com9 mittee on the Budget, to which a bill 

10 is referred under this clause may sub11 mit a favorable, an unfavorable rec12 ommendation, without recommenda13 tion with respect to the bill to the 

14 Committee on the Budget prior to the 

15 reporting or discharge of the bill. 

16 ‘‘(III) REPORTING.—The Com17 mittee on the Budget shall report the 

18 bill not later than the fifth day of ses19 sion of that House after the date of 

20 introduction of the bill in that House, 

21 without any revision and with a favor22 able or unfavorable recommendation, 

23 or without recommendation, together 

24 with the recommendations of any 


ebenthall on DSK29S0YB1PROD with BILLS
27 

•HR 2319 IH

1 committee to which the bill has been 

2 referred. 

3 ‘‘(IV) DISCHARGE.—If the Com4 mittee on the Budget fails to report 

5 the bill within that period, the com6 mittee shall be automatically dis7 charged from consideration of the bill, 

8 and the bill shall be placed on the ap9 propriate calendar. 

10 ‘‘(C) FINAL PASSAGE.—A vote on final 

11 passage of the bill shall be taken in the Senate 

12 and the House of Representatives on or before 

13 the close of the 10th day of session of that 

14 House after the date of the introduction of the 

15 bill in that House. If the bill is passed, the 

16 Clerk of the House of Representatives shall 

17 cause the bill to be transmitted to the Senate 

18 before the close of the next day of session of the 

19 House. 

20 ‘‘(2) CONSIDERATION IN THE HOUSE OF REP21 RESENTATIVES.— 

22 ‘‘(A) MOTION TO PROCEED TO CONSIDER23 ATION.—A motion in the House of Representa24 tives to proceed to the consideration of a bill 

25 under this subsection shall be highly privileged 


ebenthall on DSK29S0YB1PROD with BILLS
28 

•HR 2319 IH

1 and not debatable. An amendment to the mo2 tion shall not be in order, nor shall it be in 

3 order to move to reconsider the vote by which 

4 the motion is agreed to or disagreed to. 

5 ‘‘(B) LIMITS ON DEBATE.—Debate in the 

6 House of Representatives on a bill under this 

7 subsection shall not exceed 4 hours, which shall 

8 be divided equally between those favoring and 

9 those opposing the bill. A motion further to 

10 limit debate shall not be debatable. It shall not 

11 be in order to move to recommit a bill under 

12 this subsection or to move to reconsider the 

13 vote by which the bill is agreed to or disagreed 

14 to. 

15 ‘‘(C) APPEALS.—Appeals from decisions of 

16 the chair relating to the application of the 

17 Rules of the House of Representatives to the 

18 procedure relating to a bill under this section 

19 shall be decided without debate. 

20 ‘‘(D) APPLICATION OF HOUSE RULES.— 

21 Except to the extent specifically provided in this 

22 section, consideration of a bill under this sec23 tion shall be governed by the Rules of the 

24 House of Representatives. It shall not be in 

25 order in the House of Representatives to conVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
29 

•HR 2319 IH

1 sider any bill introduced pursuant to the provi2 sions of this section under a suspension of the 

3 rules or under a special rule. 

4 ‘‘(3) CONSIDERATION IN THE SENATE.— 

5 ‘‘(A) MOTION TO PROCEED TO CONSIDER6 ATION.—A motion to proceed to the consider7 ation of a bill under this subsection in the Sen8 ate shall not be debatable. A motion to proceed 

9 to consideration of the bill may be made even 

10 though a previous motion to the same effect has 

11 been disagreed to. It shall not be in order to 

12 move to reconsider the vote by which the mo13 tion to proceed is agreed to or disagreed to. 

14 ‘‘(B) LIMITS ON DEBATE.—Debate in the 

15 Senate on a bill under this subsection, and all 

16 debatable motions and appeals in connection 

17 therewith, shall not exceed a total of 10 hours, 

18 equally divided and controlled in the usual 

19 form. 

20 ‘‘(C) DEBATABLE MOTIONS AND AP21 PEALS.—Debate in the Senate on any debatable 

22 motion or appeal in connection with a bill under 

23 this subsection shall be limited to not more 

24 than 1 hour from the time allotted for debate, 


ebenthall on DSK29S0YB1PROD with BILLS
30 

•HR 2319 IH

1 to be equally divided and controlled in the usual 

2 form. 

3 ‘‘(D) MOTION TO LIMIT DEBATE.—A mo4 tion in the Senate to further limit debate on a 

5 bill under this subsection is not debatable. 

6 ‘‘(E) MOTION TO RECOMMIT.—A motion to 

7 recommit a bill under this subsection is not in 

8 order. 

9 ‘‘(F) CONSIDERATION OF THE HOUSE

10 BILL.— 

11 ‘‘(i) IN GENERAL.—If the Senate has 

12 received the House companion bill to the 

13 bill introduced in the Senate prior to the 

14 vote required under paragraph (1)(C), then 

15 the Senate shall consider, and the vote 

16 under paragraph (1)(C) shall occur on, the 

17 House companion bill. 

18 ‘‘(ii) PROCEDURE AFTER VOTE ON

19 SENATE BILL.—If the Senate votes, pursu20 ant to paragraph (1)(C), on the bill intro21 duced in the Senate, the Senate bill shall 

22 be held pending receipt of the House mes23 sage on the bill. Upon receipt of the House 

24 companion bill, the House bill shall be 

25 deemed to be considered, read for the third 


ebenthall on DSK29S0YB1PROD with BILLS
31 

•HR 2319 IH

1 time, and the vote on passage of the Sen2 ate bill shall be considered to be the vote 

3 on the bill received from the House. 

4 ‘‘(d) AMENDMENTS AND DIVISIONS PROHIBITED.— 

5 ‘‘(1) IN GENERAL.—No amendment to a bill 

6 considered under this section shall be in order in ei7 ther the Senate or the House of Representatives. 

8 ‘‘(2) NO DIVISION.—It shall not be in order to 

9 demand a division of the question in the House of 

10 Representatives (or in a Committee of the Whole). 

11 ‘‘(3) NO SUSPENSION.—No motion to suspend 

12 the application of this subsection shall be in order 

13 in the House of Representatives, nor shall it be in 

14 order in either the House of Representatives or the 

15 Senate to suspend the application of this subsection 

16 by unanimous consent. 

17 ‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY TO

18 WITHHOLD.— 

19 ‘‘(1) AVAILABILITY.—The President may not 

20 withhold any dollar amount of discretionary budget 

21 authority until the President transmits and Congress 

22 receives a special message pursuant to subsection 

23 (b). Upon receipt by Congress of a special message 

24 pursuant to subsection (b), the President may direct 

25 that any dollar amount of discretionary budget auVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
32 

•HR 2319 IH

1 thority proposed to be rescinded in that special mes2 sage shall be withheld from obligation for a period 

3 not to exceed 45 calendar days from the date of re4 ceipt by Congress. 

5 ‘‘(2) EARLY AVAILABILITY.—The President 

6 may make any dollar amount of discretionary budget 

7 authority withheld from obligation pursuant to para8 graph (1) available at an earlier time if the Presi9 dent determines that continued withholding would 

10 not further the purposes of this title. 

11 ‘‘(f) TEMPORARY PRESIDENTIAL AUTHORITY TO

12 SUSPEND.— 

13 ‘‘(1) SUSPEND.—The President may not sus14 pend the execution of any item of direct spending 

15 until the President transmits and Congress receives 

16 a special message pursuant to subsection (b). Upon 

17 receipt by Congress of a special message, the Presi18 dent may suspend the execution of any item of di19 rect spending proposed to be rescinded in that mes20 sage for a period not to exceed 45 calendar days 

21 from the date of receipt by Congress. 

22 ‘‘(2) EARLY AVAILABILITY.—The President 

23 may terminate the suspension of any item of direct 

24 spending suspended pursuant to paragraph (1) at an 

25 earlier time if the President determines that conVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
33 

•HR 2319 IH

1 tinuation of the suspension would not further the 

2 purposes of this title. 

3 ‘‘(g) DEFINITIONS.—In this section: 

4 ‘‘(1) APPROPRIATION LAW.—The term ‘appro5 priation law’ means any general or special appro6 priation Act, and any Act or joint resolution making 

7 supplemental, deficiency, or continuing appropria8 tions. 

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

10 means a standard 24-hour period beginning at mid11 night. 

12 ‘‘(3) DAYS OF SESSION.—The term ‘days of 

13 session’ means only those days on which both 

14 Houses of Congress are in session. 

15 ‘‘(4) DOLLAR AMOUNT OF DISCRETIONARY

16 BUDGET AUTHORITY.—The term ‘dollar amount of 

17 discretionary budget authority’ means the dollar 

18 amount of budget authority and obligation limita19 tions— 

20 ‘‘(A) specified in an appropriation law, or 

21 the dollar amount of budget authority required 

22 to be allocated by a specific proviso in an ap23 propriation law for which a specific dollar figure 

24 was not included; 


ebenthall on DSK29S0YB1PROD with BILLS
34 

•HR 2319 IH

1 ‘‘(B) represented separately in any table, 

2 chart, or explanatory text included in the state3 ment of managers or the governing committee 

4 report accompanying such law; 

5 ‘‘(C) required to be allocated for a specific 

6 program, project, or activity in a law (other 

7 than an appropriation law) that mandates obli8 gations from or within accounts, programs, 

9 projects, or activities for which budget authority 

10 or an obligation limitation is provided in an ap11 propriation law; 

12 ‘‘(D) represented by the product of the es13 timated procurement cost and the total quantity 

14 of items specified in an appropriation law or in15 cluded in the statement of managers or the gov16 erning committee report accompanying such 

17 law; or 

18 ‘‘(E) represented by the product of the es19 timated procurement cost and the total quantity 

20 of items required to be provided in a law (other 

21 than an appropriation law) that mandates obli22 gations from accounts, programs, projects, or 

23 activities for which dollar amount of discre24 tionary budget authority or an obligation limita25 tion is provided in an appropriation law. 


ebenthall on DSK29S0YB1PROD with BILLS
35 

•HR 2319 IH

1 ‘‘(5) RESCIND OR RESCISSION.—The term ‘re2 scind’ or ‘rescission’ means— 

3 ‘‘(A) in the case of a dollar amount of dis4 cretionary budget authority, to reduce or repeal 

5 a provision of law to prevent that budget au6 thority or obligation limitation from having 

7 legal force or effect; and 

8 ‘‘(B) in the case of direct spending, to re9 peal a provision of law in order to prevent the 

10 specific legal obligation of the United States 

11 from having legal force or effect. 

12 ‘‘(6) DIRECT SPENDING.—The term ‘direct 

13 spending’ means budget authority provided by law 

14 (other than an appropriation law), mandatory spend15 ing provided in appropriation Acts, and entitlement 

16 authority. 

17 ‘‘(7) ITEM OF DIRECT SPENDING.—The term 

18 ‘item of direct spending’ means any specific provi19 sion of law enacted after the effective date of the 

20 Legislative Line Item Reduction Act of 2011 that is 

21 estimated to result in an increase in budget author22 ity or outlays for direct spending relative to the most 

23 recent levels calculated consistent with the method24 ology described in section 257 of the Balanced 

25 Budget and Emergency Deficit Control Act of 1985 


ebenthall on DSK29S0YB1PROD with BILLS
36 

•HR 2319 IH

1 and included with a budget submission under section 

2 1105(a) of title 31, United States Code, and, with 

3 respect to estimates made after that budget submis4 sion that are not included with it, estimates con5 sistent with the economic and technical assumptions 

6 underlying the most recently submitted President’s 

7 budget. 

8 ‘‘(8) SUSPEND THE EXECUTION.—The term 

9 ‘suspend the execution’ means, with respect to an 

10 item of direct spending, to stop the carrying into ef11 fect of the specific provision of law that provides 

12 such benefit.’’. 

13 (b) EXERCISE OF RULEMAKING POWERS.—Section 

14 904 of the Congressional Budget Act of 1974 (2 U.S.C. 

15 621 note) is amended— 

16 (1) in subsection (a), by striking ‘‘and 1017’’ 

17 and inserting ‘‘1017, and 1021’’; and 

18 (2) in subsection (d), by striking ‘‘section 

19 1017’’ and inserting ‘‘sections 1017 and 1021’’. 

20 (c) CLERICAL AMENDMENTS.— 

21 (1) SHORT TITLE.—Section 1(a) of the Con22 gressional Budget and Impoundment Control Act of 

23 1974 is amended by— 

24 (A) striking ‘‘Parts A and B’’ before ‘‘title 

25 X’’ and inserting ‘‘Parts A, B, and C’’; and 


ebenthall on DSK29S0YB1PROD with BILLS
37 

•HR 2319 IH

1 (B) striking the last sentence and inserting 

2 at the end the following new sentence: ‘‘Part C 

3 of title X also may be cited as the ‘Legislative 

4 Line Item Reduction Act of 2011’ ’’. 

5 (2) TABLE OF CONTENTS.—The table of con6 tents set forth in section 1(b) of the Congressional 

7 Budget and Impoundment Control Act of 1974 is 

8 amended by deleting the contents for part C of title 

9 X and inserting the following: 

‘‘PART C—LEGISLATIVE LINE ITEM VETO

‘‘Sec. 1021. Expedited consideration of certain proposed rescissions.’’. 

10 (d) EFFECTIVE DATE AND EXPIRATION.— 

11 (1) EFFECTIVE DATE.—The amendments made 

12 by this Act shall— 

13 (A) take effect on the date of enactment of 

14 this Act; and 

15 (B) apply to any dollar amount of discre16 tionary budget authority, item of direct spend17 ing, or targeted tax benefit provided in an Act 

18 enacted on or after September 1, 2011. 

19 (2) EXPIRATION.—The amendments made by 

20 this Act shall expire on December 31, 2015. 


ebenthall on DSK29S0YB1PROD with BILLS
38 

•HR 2319 IH

1 TITLE IV—PERMANENT 

2 CONTINUING RESOLUTION 

3 SEC. 401. AUTOMATIC CONTINUING APPROPRIATIONS. 

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

5 States Code, is amended by inserting after section 1310 

6 the following new section: 

7 ‘‘§ 1311. Continuing appropriations 

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

9 year does not become law before the beginning of such 

10 fiscal year or a joint resolution making continuing appro11 priations is not in effect, there are appropriated, out of 

12 any money in the Treasury not otherwise appropriated, 

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

14 and funds, such sums as may be necessary to continue 

15 any project or activity for which funds were provided in 

16 the preceding fiscal year— 

17 ‘‘(A) in the corresponding regular appropriation 

18 Act for such preceding fiscal year; or 

19 ‘‘(B) if the corresponding regular appropriation 

20 bill for such preceding fiscal year did not become 

21 law, then in a joint resolution making continuing ap22 propriations for such preceding fiscal year. 

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

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


ebenthall on DSK29S0YB1PROD with BILLS
39 

•HR 2319 IH

1 year pursuant to this section shall be at a rate of oper2 ations not in excess of the lower of— 

3 ‘‘(A) 90 percent of the rate of operations pro4 vided for in the regular appropriation Act providing 

5 for such project or activity for the preceding fiscal 

6 year; 

7 ‘‘(B) in the absence of such an Act, 90 percent 

8 of the rate of operations provided for such project or 

9 activity pursuant to a joint resolution making con10 tinuing appropriations for such preceding fiscal year; 

11 ‘‘(C) 90 percent of the rate of operations pro12 vided for in the regular appropriation bill as passed 

13 by the House of Representatives or the Senate for 

14 the fiscal year in question, except that the lower of 

15 these two versions shall be ignored for any project 

16 or activity for which there is a budget request if no 

17 funding is provided for that project or activity in ei18 ther version; or 

19 ‘‘(D) 90 percent of the annualized rate of oper20 ations provided for in the most recently enacted 

21 joint resolution making continuing appropriations 

22 for part of that fiscal year or any funding levels es23 tablished under the provisions of this Act. 

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

25 authority granted, for any fiscal year pursuant to this secVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
40 

•HR 2319 IH

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 


ebenthall on DSK29S0YB1PROD with BILLS
41 

•HR 2319 IH

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. 

22 ‘‘(2) Commerce, Justice, Science, and Related 

23 Agencies. 

24 ‘‘(3) Department of Defense. 

25 ‘‘(4) Energy and Water Development. 


ebenthall on DSK29S0YB1PROD with BILLS
42 

•HR 2319 IH

1 ‘‘(5) Financial Services and General Govern2 ment. 

3 ‘‘(6) Department of Homeland Security. 

4 ‘‘(7) Department of the Interior, Environment, 

5 and Related Agencies. 

6 ‘‘(8) Departments of Labor, Health and 

7 Human Services, Education, and Related Agencies. 

8 ‘‘(9) Legislative Branch. 

9 ‘‘(10) Military Construction, Veterans’ Affairs, 

10 and Related Agencies. 

11 ‘‘(11) Department of State, Foreign Oper12 ations, and Related Programs. 

13 ‘‘(12) Transportation, Housing and Urban De14 velopment, and Related Agencies.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis of chap16 ter 13 of title 31, United States Code, is amended by in17 serting after the item relating to section 1310 the fol18 lowing new item: 

‘‘1311. Continuing appropriations.’’. 


ebenthall on DSK29S0YB1PROD with BILLS
43 

•HR 2319 IH

1 TITLE V—TRANSPARENCY 

2 SEC. 501. INCLUSION IN ANNUAL SOCIAL SECURITY AC3 COUNT STATEMENT OF ESTIMATED PRESENT 

4 VALUE OF TAXES AND BENEFITS FOR SOCIAL 

5 SECURITY AND MEDICARE AND PROJECTED 

6 DEFICIT AS A PERCENT OF LIFETIME EARN7 INGS. 

8 (a) IN GENERAL.—Section 1143(a)(2) of the Social 

9 Security Act (42 U.S.C. 1320b–13(a)(2)) is amended— 

10 (1) in subparagraph (E), by striking ‘‘benefits.’’ 

11 and inserting ‘‘benefits;’’; and 

12 (2) by adding after subparagraph (E) the fol13 lowing new subparagraphs: 

14 ‘‘(F) an estimate, as determined by the Com15 missioner, in consultation with the Secretary of 

16 Health and Human Services, on the basis of avail17 able records of the Commissioner and projections 

18 based on reasonable assumptions, of— 

19 ‘‘(i) the present value of potential lifetime 

20 aggregate employer, employee, and self-employ21 ment contributions of the eligible individual for 

22 old-age, survivors, and disability insurance 

23 (under title II) and for hospital insurance 

24 (under part A of title XVIII); 


ebenthall on DSK29S0YB1PROD with BILLS
44 

•HR 2319 IH

1 ‘‘(ii) the present value of potential lifetime 

2 premiums payable (under parts B and D of title 

3 XVIII); and 

4 ‘‘(iii) the present value of potential lifetime 

5 aggregate retirement, disability, survivor, and 

6 auxiliary benefits payable on the eligible individ7 ual’s account under title II and per capita bene8 fits payable under the Medicare program of title 

9 XVIII; and 

10 ‘‘(G) an estimate, as determined by the Com11 missioner, in consultation with the Secretary of 

12 Health and Human Services, on the basis of avail13 able records of the Commissioner and projections 

14 based on reasonable assumptions, of the ratio (ex15 pressed as a percentage) of— 

16 ‘‘(i) the sum of the projected deficit-fi17 nanced benefits under the old-age, survivors, 

18 and disability insurance program with respect 

19 to the eligible individual and the projected def20 icit-financed benefits under part A of the Medi21 care program under title XVIII with respect to 

22 the eligible individual, to 

23 ‘‘(ii) projected lifetime earnings of the eli24 gible individual.’’. 


ebenthall on DSK29S0YB1PROD with BILLS
45 

•HR 2319 IH

1 (b) DEFINITIONS.—Section 1143(a) of such Act (42 

2 U.S.C. 1320b–13(a)) is amended— 

3 (1) by redesignating paragraph (3) as para4 graph (4); and 

5 (2) by inserting after paragraph (2) the fol6 lowing new paragraph: 

7 ‘‘(3) For purposes of paragraph (2)(G)— 

8 ‘‘(A) The term ‘projected deficit-financed bene9 fits’ means— 

10 ‘‘(i) with respect to an eligible individual in 

11 connection with the old-age, survivors, and dis12 ability insurance program, the product of— 

13 ‘‘(I) the benefits described in subpara14 graph (F)(ii) of such individual under such 

15 program, and 

16 ‘‘(II) the ratio of future annual defi17 cits, excluding interest, of the Federal Old18 Age and Survivors Insurance Trust Fund 

19 and the Federal Disability Insurance Trust 

20 Fund over the eligible individual’s lifetime 

21 to future annual outlays from such Trust 

22 Funds over such lifetime; and 

23 ‘‘(ii) with respect to an eligible individual 

24 in connection with the Medicare program under 

25 title XVIII, the product of— 


ebenthall on DSK29S0YB1PROD with BILLS
46 

•HR 2319 IH

1 ‘‘(I) the benefits for hospital insur2 ance (under part A of title XVIII) de3 scribed in subparagraph (F)(ii) of such in4 dividual under such program, and 

5 ‘‘(II) the ratio of future annual defi6 cits of the Federal Hospital Insurance 

7 Trust Fund over the eligible individual’s 

8 lifetime to future annual outlays from such 

9 Trust Fund over such lifetime. 

10 ‘‘(B) The term ‘projected lifetime earnings’ of 

11 the eligible individual means the present value of the 

12 potential total wages paid to, and self-employment 

13 income derived by, the eligible individual over the eli14 gible individual’s lifetime, as determined without re15 gard to the contribution and benefit base under sec16 tion 230.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to annual statements 

19 issued after 2012. 

20 TITLE VI—DEBT IMPACT 

21 SEC. 601. CBO SPENDING AND REVENUE ESTIMATES. 

22 Paragraph (1) of section 402 the Congressional 

23 Budget Act of 1974 is amended by inserting after the 

24 comma the following: ‘‘and of the effect on interest and 

25 on the Federal debt,’’. 


ebenthall on DSK29S0YB1PROD with BILLS
47 

•HR 2319 IH

1 TITLE VII—FEDERAL SUNSET 

2 SEC. 701. SHORT TITLE. 

3 This title may be cited as the ‘‘Federal Sunset Act 

4 of 2011’’. 

5 SEC. 702. REVIEW AND ABOLISHMENT OF FEDERAL AGEN6 CIES. 

7 (a) SCHEDULE FOR REVIEW.—Not later than one 

8 year after the date of the enactment of this title, the Fed9 eral Agency Sunset Commission established under section 

10 703 shall submit to Congress a schedule for review by the 

11 Commission of each agency that lists the date of abolish12 ment for each agency. Such date of abolishment shall 

13 occur at least once every 12 years (or less, if determined 

14 appropriate by Congress). 

15 (b) REVIEW OF AGENCIES PERFORMING RELATED

16 FUNCTIONS.—In determining the schedule for review of 

17 agencies under subsection (a), the Commission shall pro18 vide that agencies that perform similar or related func19 tions be reviewed concurrently to promote efficiency and 

20 consolidation. 

21 (c) ABOLISHMENT OF AGENCIES.— 

22 (1) IN GENERAL.—Each agency shall be re23 viewed and abolished according to the schedule cre24 ated pursuant to this section and approved under 


ebenthall on DSK29S0YB1PROD with BILLS
48 

•HR 2319 IH

1 section 709, unless the agency is reauthorized by the 

2 Congress. 

3 (2) EXTENSION.—The date of abolishment for 

4 an agency may be extended for an additional two 

5 years if the Congress enacts legislation extending 

6 such date by a vote of a supermajority of the House 

7 of Representatives and the Senate. 

8 SEC. 703. ESTABLISHMENT OF COMMISSION. 

9 (a) ESTABLISHMENT.—There is established a com10 mission to be known as the ‘‘Federal Agency Sunset Com11 mission’’. 

12 (b) COMPOSITION.—The Commission shall be com13 posed of 12 members (in this title referred to as the 

14 ‘‘members’’) who shall be appointed as follows: 

15 (1) Six members shall be appointed by the 

16 Speaker of the House of Representatives, one of 

17 whom may include the Speaker of the House of Rep18 resentatives, with minority members appointed with 

19 the consent of the minority leader of the House of 

20 Representatives. 

21 (2) Six members shall be appointed by the ma22 jority leader of the Senate, one of whom may include 

23 the majority leader of the Senate, with minority 

24 members appointed with the consent of the minority 

25 leader of the Senate. 


ebenthall on DSK29S0YB1PROD with BILLS
49 

•HR 2319 IH

1 (c) QUALIFICATIONS OF MEMBERS.— 

2 (1) IN GENERAL.— 

3 (A) APPOINTED BY THE SPEAKER OF THE

4 HOUSE OF REPRESENTATIVES.—Of the mem5 bers appointed under subsection (b)(1), four 

6 shall be members of the House of Representa7 tives (not more than two of whom may be of 

8 the same political party), and two shall be an 

9 individual described in subparagraph (C). 

10 (B) APPOINTED BY THE MAJORITY LEAD11 ER OF THE SENATE.—Of the members ap12 pointed under subsection (b)(2), four shall be 

13 members of the Senate (not more than two of 

14 whom may be of the same political party) and 

15 two shall be an individual described in subpara16 graph (C). 

17 (C) INDIVIDUAL DESCRIBED.—An indi18 vidual under this subparagraph is an indi19 vidual— 

20 (i) who is not a member of Congress; 

21 and 

22 (ii) with expertise in the operation 

23 and administration of Government pro24 grams. 


ebenthall on DSK29S0YB1PROD with BILLS
50 

•HR 2319 IH

1 (2) CONTINUATION OF MEMBERSHIP.—If a 

2 member was appointed to the Commission as a 

3 Member of Congress and the member ceases to be 

4 a Member of Congress, that member shall cease to 

5 be a member of the Commission. The validity of any 

6 action of the Commission shall not be affected as a 

7 result of a member becoming ineligible to serve as 

8 a member for the reasons described in this para9 graph. 

10 (d) INITIAL APPOINTMENTS.—All initial appoint11 ments to the Commission shall be made not later than 90 

12 days after the date of the enactment of this Act. 

13 (e) CHAIRMAN; VICE CHAIRMAN.— 

14 (1) INITIAL CHAIRMAN.—An individual shall be 

15 designated by the Speaker of the House of Rep16 resentatives from among the members initially ap17 pointed under subsection (b)(1) to serve as chairman 

18 of the Commission for a period of two years. 

19 (2) INITIAL VICE-CHAIRMAN.—An individual 

20 shall be designated by the majority leader of the 

21 Senate from among the individuals initially ap22 pointed under subsection (b)(2) to serve as vice23 chairman of the Commission for a period of two 

24 years. 


ebenthall on DSK29S0YB1PROD with BILLS
51 

•HR 2319 IH

1 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

2 AND VICE-CHAIRMEN.—Following the termination of 

3 the 2-year period described in paragraphs (1) and 

4 (2), the Speaker and the majority leader shall alter5 nate every two years in appointing the chairman and 

6 vice-chairman of the Commission. 

7 (f) TERMS OF MEMBERS.— 

8 (1) IN GENERAL.—Each member appointed to 

9 the Commission shall serve for a term of six years, 

10 except that, of the members first appointed under 

11 paragraphs (1) and (2) of subsection (b), two mem12 bers shall be appointed to serve a term of three 

13 years under each such paragraph. 

14 (2) TERM LIMIT.— 

15 (A) MEMBER OF CONGRESS.—A member 

16 of the Commission who is a member of Con17 gress and who serves more than three years of 

18 a term may not be appointed to another term 

19 as a member. 

20 (B) NOT A MEMBER OF CONGRESS.—A 

21 member of the Commission who is not a mem22 ber of Congress and who serves as a member of 

23 the Commission for more than 56 months may 

24 not be appointed to another term as a member. 


ebenthall on DSK29S0YB1PROD with BILLS
52 

•HR 2319 IH

1 (3) VACANCIES.—Any member appointed to fill 

2 a vacancy occurring before the expiration of the 

3 term for which the member’s predecessor was ap4 pointed shall be appointed only for the remainder of 

5 that term. A member may serve after the expiration 

6 of that member’s term until a successor has taken 

7 office. A vacancy in the Commission shall be filled 

8 in the manner in which the original appointment was 

9 made. 

10 (g) POWERS OF COMMISSION.— 

11 (1) HEARINGS AND SESSIONS.—The Commis12 sion may, for the purpose of carrying out this title, 

13 hold such hearings, sit and act at such times and 

14 places, take such testimony, and receive such evi15 dence as the Commission considers appropriate. The 

16 Commission may administer oaths to witnesses ap17 pearing before it. 

18 (2) OBTAINING INFORMATION.—The Commis19 sion may secure directly from any agency informa20 tion necessary to enable it to carry out its duties 

21 under this title. Upon request of the Chairman, the 

22 head of that agency shall furnish that information to 

23 the Commission in a full and timely manner. 

24 (3) SUBPOENA POWER.— 


ebenthall on DSK29S0YB1PROD with BILLS
53 

•HR 2319 IH

1 (A) AUTHORITY TO ISSUE SUBPOENA.— 

2 The Commission may issue a subpoena to re3 quire the attendance and testimony of witnesses 

4 and the production of evidence relating to any 

5 matter under investigation by the Commission. 

6 (B) COMPLIANCE WITH SUBPOENA.—If a 

7 person refuses to obey an order or subpoena of 

8 the Commission that is issued in connection 

9 with a Commission proceeding, the Commission 

10 may apply to the United States district court in 

11 the judicial district in which the proceeding is 

12 held for an order requiring the person to com13 ply with the subpoena or order. 

14 (4) IMMUNITY.—The Commission is an agency 

15 of the United States for purposes of part V of title 

16 18, United States Code (relating to immunity of wit17 nesses). 

18 (5) CONTRACT AUTHORITY.—The Commission 

19 may contract with and compensate government and 

20 private agencies or persons for services without re21 gard to section 6101 of title 41, United States Code 

22 (relating to advertising requirement for Federal Gov23 ernment purchases and sales). 

24 (h) COMMISSION PROCEDURES.— 


ebenthall on DSK29S0YB1PROD with BILLS
54 

•HR 2319 IH

1 (1) MEETINGS.—The Commission shall meet at 

2 the call of the Chairman. 

3 (2) QUORUM.—Seven members of the Commis4 sion shall constitute a quorum but a lesser number 

5 may hold hearings. 

6 (3) VOTING.—The schedule for review sub7 mitted pursuant to section 702(a) and the report 

8 and draft of legislation submitted pursuant to sec9 tion 704 shall have the approval of not less than 7 

10 of the 12 members of the Commission. 

11 (i) PERSONNEL MATTERS.— 

12 (1) COMPENSATION.—Members shall not be 

13 paid by reason of their service as members. 

14 (2) TRAVEL EXPENSES.—Each member shall 

15 receive travel expenses, including per diem in lieu of 

16 subsistence, in accordance with applicable provisions 

17 under subchapter I of chapter 57 of title 5, United 

18 States Code. 

19 (3) DIRECTOR.—The Commission shall have a 

20 Director who shall be appointed by the Chairman. 

21 The Director shall be paid at a rate not to exceed 

22 the maximum rate of basic pay for GS–15 of the 

23 General Schedule. 


ebenthall on DSK29S0YB1PROD with BILLS
55 

•HR 2319 IH

1 (4) STAFF.—The Director may appoint and fix 

2 the pay of additional personnel as the Director con3 siders appropriate. 

4 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

5 LAWS.—The Director and staff of the Commission 

6 shall be appointed subject to the provisions of title 

7 5, United States Code, governing appointments in 

8 the competitive service, and shall be paid in accord9 ance with the provisions of chapter 51 and sub10 chapter III of chapter 53 of that title relating to 

11 classification and General Schedule pay rates. 

12 (j) OTHER ADMINISTRATIVE MATTERS.— 

13 (1) POSTAL AND PRINTING SERVICES.—The 

14 Commission may use the United States mails and 

15 obtain printing and binding services in the same 

16 manner and under the same conditions as other 

17 agencies. 

18 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

19 Upon the request of the Commission, the Adminis20 trator of General Services shall provide to the Com21 mission, on a reimbursable basis, the administrative 

22 support services necessary for the Commission to 

23 carry out its duties under this title. 

24 (3) EXPERTS AND CONSULTANTS.—The Com25 mission may procure temporary and intermittent 


ebenthall on DSK29S0YB1PROD with BILLS
56 

•HR 2319 IH

1 services under section 3109(b) of title 5, United 

2 States Code. 

3 (k) SUNSET OF COMMISSION.—The Commission shall 

4 terminate on December 31, 2036, unless reauthorized by 

5 Congress. 

6 SEC. 704. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 

7 AGENCIES. 

8 (a) IN GENERAL.—The Commission shall review the 

9 efficiency and public need for each agency in accordance 

10 with the criteria described in section 705. 

11 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

12 The Commission shall submit to Congress and the Presi13 dent not later than September 1 of each year a report 

14 containing— 

15 (1) an analysis of the efficiency of operation 

16 and public need for each agency to be reviewed in 

17 the year in which the report is submitted pursuant 

18 to the schedule submitted to Congress under section 

19 702; 

20 (2) recommendations on whether each such 

21 agency should be abolished or reorganized; 

22 (3) recommendations on whether the functions 

23 of any other agencies should be consolidated, trans24 ferred, or reorganized in an agency to be reviewed 

25 in the year in which the report is submitted pursuVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
57 

•HR 2319 IH

1 ant to the schedule submitted to Congress under 

2 section 702; and 

3 (4) recommendations for administrative and 

4 legislative action with respect to each such agency, 

5 but not including recommendations for appropriation 

6 levels. 

7 (c) DRAFT LEGISLATION.—The Commission shall 

8 submit to Congress and the President not later than Sep9 tember 1 of each year a draft of legislation to carry out 

10 the recommendations of the Commission under subsection 

11 (b). 

12 (d) INFORMATION GATHERING.—The Commission 

13 shall— 

14 (1) conduct public hearings on the abolishment 

15 of each agency reviewed under subsection (b); 

16 (2) provide an opportunity for public comment 

17 on the abolishment of each such agency; 

18 (3) require the agency to provide information to 

19 the Commission as appropriate; and 

20 (4) consult with the General Accountability Of21 fice, the Office of Management and Budget, the 

22 Comptroller General, and the chairman and ranking 

23 minority members of the committees of Congress 

24 with oversight responsibility for the agency being re25 viewed regarding the operation of the agency. 


ebenthall on DSK29S0YB1PROD with BILLS
58 

•HR 2319 IH

1 (e) USE OF PROGRAM INVENTORY.—The Commis2 sion shall use the program inventory prepared under sec3 tion 709 in reviewing the efficiency and public need for 

4 each agency under subsection (a). 

5 SEC. 705. CRITERIA FOR REVIEW. 

6 The Commission shall evaluate the efficiency and 

7 public need for each agency pursuant to section 704 using 

8 the following criteria: 

9 (1) The effectiveness, and the efficiency of the 

10 operation of, the programs carried out by each such 

11 agency. 

12 (2) Whether the programs carried out by the 

13 agency are cost-effective. 

14 (3) Whether the agency has acted outside the 

15 scope of its original authority, and whether the origi16 nal objectives of the agency have been achieved. 

17 (4) Whether less restrictive or alternative meth18 ods exist to carry out the functions of the agency. 

19 (5) The extent to which the jurisdiction of, and 

20 the programs administered by, the agency duplicate 

21 or conflict with the jurisdiction and programs of 

22 other agencies. 

23 (6) The potential benefits of consolidating pro24 grams administered by the agency with similar or 


ebenthall on DSK29S0YB1PROD with BILLS
59 

•HR 2319 IH

1 duplicative programs of other agencies, and the po2 tential for consolidating such programs. 

3 (7) The number and types of beneficiaries or 

4 persons served by programs carried out by the agen5 cy. 

6 (8) The extent to which any trends, develop7 ments, and emerging conditions that are likely to af8 fect the future nature and extent of the problems or 

9 needs that the programs carried out by the agency 

10 are intended to address. 

11 (9) The extent to which the agency has com12 plied with the applicable provisions contained in the 

13 sections 1115, 1116, 1117, 1120, 1121, 1122, 1123, 

14 1124, 1125, and the first 9703 of title 31, United 

15 States Code, section 306 of title 5, United States 

16 Code, and chapter 28 of title 39, United States 

17 Code. 

18 (10) The promptness and effectiveness with 

19 which the agency seeks public input and input from 

20 State and local governments on the efficiency and ef21 fectiveness of the performance of the functions of 

22 the agency. 

23 (11) Whether the agency has worked to enact 

24 changes in the law that are intended to benefit the 


ebenthall on DSK29S0YB1PROD with BILLS
60 

•HR 2319 IH

1 public as a whole rather than the specific business, 

2 institution, or individuals that the agency regulates. 

3 (12) The extent to which the agency has en4 couraged participation by the public as a whole in 

5 making its rules and decisions rather than encour6 aging participation solely by those it regulates. 

7 (13) The extent to which the public participa8 tion in rulemaking and decisionmaking of the agency 

9 has resulted in rules and decisions compatible with 

10 the objectives of the agency. 

11 (14) The extent to which the agency complies 

12 with equal employment opportunity requirements re13 garding equal employment opportunity. 

14 (15) The extent of the regulatory, privacy, and 

15 paperwork impacts of the programs carried out by 

16 the agency. 

17 (16) The extent to which the agency has coordi18 nated with State and local governments in per19 forming the functions of the agency. 

20 (17) The potential effects of abolishing the 

21 agency on State and local governments. 

22 (18) The extent to which changes are necessary 

23 in the authorizing statutes of the agency in order 

24 that the functions of the agency can be performed 

25 in the most efficient and effective manner. 


ebenthall on DSK29S0YB1PROD with BILLS
61 

•HR 2319 IH

1 SEC. 706. OVERSIGHT BY COMMISSION. 

2 (a) MONITORING OF IMPLEMENTATION OF REC3 OMMENDATIONS.—The Commission shall monitor imple4 mentation of laws enacting provisions that incorporate rec5 ommendations of the Commission with respect to abolish6 ment or reorganization of agencies. 

7 (b) MONITORING OF OTHER RELEVANT LEGISLA8 TION.— 

9 (1) IN GENERAL.—The Commission shall review 

10 and report to Congress on all legislation introduced 

11 in either house of Congress that would establish— 

12 (A) a new agency; or 

13 (B) a new program to be carried out by an 

14 existing agency. 

15 (2) REPORT TO CONGRESS.—The Commission 

16 shall include in each report submitted to Congress 

17 under paragraph (1) an analysis of whether— 

18 (A) the functions of the proposed agency 

19 or program could be carried out by one or more 

20 existing agencies; 

21 (B) the functions of the proposed agency 

22 or program could be carried out in a less re23 strictive manner than the manner proposed in 

24 the legislation; and 


ebenthall on DSK29S0YB1PROD with BILLS
62 

•HR 2319 IH

1 (C) the legislation provides for public input 

2 regarding the performance of functions by the 

3 proposed agency or program. 

4 SEC. 707. DISPOSITION OF AGENCY AFFAIRS. 

5 The President, in consultation with the head of an 

6 agency determined to be abolished pursuant to section 

7 702(c), may take such action as may be necessary to wind 

8 down the operation of such agency during the two-year 

9 period following the date of abolishment for each such 

10 agency. 

11 SEC. 708. PROGRAM INVENTORY. 

12 (a) PREPARATION.—The Comptroller General and 

13 the Director of the Congressional Budget Office, in co14 operation with the Director of the Congressional Research 

15 Service, shall prepare an inventory of Federal programs 

16 (in this title referred to as the ‘‘program inventory’’) with17 in each agency. 

18 (b) PURPOSE.—The purpose of the program inven19 tory is to advise and assist the Congress and the Commis20 sion in carrying out the requirements of this title. Such 

21 inventory shall not in any way bind the committees of the 

22 Senate or the House of Representatives with respect to 

23 their responsibilities under this title and shall not infringe 

24 on the legislative and oversight responsibilities of such 

25 committees. The Comptroller General shall compile and 


ebenthall on DSK29S0YB1PROD with BILLS
63 

•HR 2319 IH

1 maintain the inventory and the Director of the Congres2 sional Budget Office shall provide budgetary information 

3 for inclusion in the inventory. 

4 (c) INVENTORY CONTENT.—The program inventory 

5 shall set forth for each program each of the following mat6 ters: 

7 (1) The specific provision or provisions of law 

8 authorizing the program. 

9 (2) The committees of the Senate and the 

10 House of Representatives which have legislative or 

11 oversight jurisdiction over the program. 

12 (3) A brief statement of the purpose or pur13 poses to be achieved by the program. 

14 (4) The committees which have jurisdiction over 

15 legislation providing new budget authority for the 

16 program, including the appropriate subcommittees of 

17 the Committees on Appropriations of the Senate and 

18 the House of Representatives. 

19 (5) The agency and, if applicable, the subdivi20 sion thereof responsible for administering the pro21 gram. 

22 (6) The grants-in-aid, if any, provided by such 

23 program to State and local governments. 

24 (7) The next reauthorization date for the pro25 gram. 


ebenthall on DSK29S0YB1PROD with BILLS
64 

•HR 2319 IH

1 (8) A unique identification number which links 

2 the program and functional category structure. 

3 (9) The year in which the program was origi4 nally established and, where applicable, the year in 

5 which the program expires. 

6 (10) Where applicable, the year in which new 

7 budget authority for the program was last author8 ized and the year in which current authorizations of 

9 new budget authority expire. 

10 (11) Any other information the Commission de11 termines to be necessary. 

12 (d) BUDGET AUTHORITY.—The report also shall set 

13 forth for each program whether the new budget authority 

14 provided for such program is— 

15 (1) authorized for a definite period of time; 

16 (2) authorized in a specific dollar amount but 

17 without limit of time; 

18 (3) authorized without limit of time or dollar 

19 amounts; 

20 (4) not specifically authorized; or 

21 (5) permanently provided, 

22 as determined by the Director of the Congressional Budg23 et Office. 

24 (e) CBO INFORMATION.—For each program or group 

25 of programs, the program inventory also shall include inVerDate Mar 15 2010 23:25 Jun 30, 2011 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H2319.IH H2319

ebenthall on DSK29S0YB1PROD with BILLS
65 

•HR 2319 IH

1 formation prepared by the Director of the Congressional 

2 Budget Office indicating each of the following matters: 

3 (1) The amounts of new budget authority au4 thorized and provided for the program for each of 

5 the preceding four fiscal years and, where applicable, 

6 the four succeeding fiscal years. 

7 (2) The functional and subfunctional category 

8 in which the program is presently classified and was 

9 classified under the fiscal year 2012 budget. 

10 (3) The identification code and title of the ap11 propriation account in which budget authority is 

12 provided for the program. 

13 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

14 General Accountability Office, the Congressional Research 

15 Service, and the Congressional Budget Office shall permit 

16 the mutual exchange of available information in their pos17 session which would aid in the compilation of the program 

18 inventory. 

19 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of20 fice of Management and Budget and the agencies (and the 

21 subdivisions thereof) shall, to the extent necessary and 

22 possible, provide the General Accountability Office with 

23 assistance requested by the Comptroller General in the 

24 compilation of the program inventory. 


ebenthall on DSK29S0YB1PROD with BILLS
66 

•HR 2319 IH

1 SEC. 709. EXPEDITED CONSIDERATION OF SCHEDULE FOR 

2 REVIEW. 

3 (a) INTRODUCTION AND COMMITTEE CONSIDER4 ATION.— 

5 (1) INTRODUCTION.—The Commission schedule 

6 for review bill shall be introduced in the Senate by 

7 the majority leader, or the majority leader’s des8 ignee, and in the House of Representatives, by the 

9 Speaker, or the Speaker’s designee. Upon such in10 troduction, the Commission schedule for review bill 

11 shall be referred to the appropriate committees of 

12 Congress under paragraph (2). If the Commission 

13 schedule for review bill is not introduced in accord14 ance with the preceding sentence, then any member 

15 of Congress may introduce such bill in their respec16 tive House of Congress beginning on the date that 

17 is the 5th calendar day that such House is in session 

18 following the date of the submission of such aggre19 gate legislative language provisions. 

20 (2) COMMITTEE CONSIDERATION.— 

21 (A) REFERRAL.—A Commission schedule 

22 for review bill introduced under paragraph (1) 

23 shall be referred to any appropriate committee 

24 of jurisdiction in the Senate and the House of 

25 Representatives. A committee to which a Com26 mission schedule for review bill is referred 


ebenthall on DSK29S0YB1PROD with BILLS
67 

•HR 2319 IH

1 under this paragraph may review and comment 

2 on such bill, may report such bill to the respec3 tive House, and may not amend such bill. 

4 (B) REPORTING.—Not later than 30 cal5 endar days after the introduction of the Com6 mission schedule for review bill, each Com7 mittee of Congress to which the Commission 

8 schedule for review bill was referred shall report 

9 the bill. 

10 (C) DISCHARGE OF COMMITTEE.—If a 

11 committee to which is referred a Commission 

12 schedule for review bill has not reported such 

13 bill at the end of 30 calendar days after its in14 troduction or at the end of the first day after 

15 there has been reported to the House involved 

16 a Commission schedule for review bill, which17 ever is earlier, such committee shall be deemed 

18 to be discharged from further consideration of 

19 such bill, and such bill shall be placed on the 

20 appropriate calendar of the House involved. 

21 (b) EXPEDITED PROCEDURE.— 

22 (1) CONSIDERATION.— 

23 (A) IN GENERAL.—Not later than 5 cal24 endar days after the date on which a committee 

25 has reported a Commission schedule for review 


ebenthall on DSK29S0YB1PROD with BILLS
68 

•HR 2319 IH

1 bill or been discharged from consideration of a 

2 Commission schedule for review bill, the major3 ity leader of the Senate, or the majority leader’s 

4 designee, or the Speaker of the House of Rep5 resentatives, or the Speaker’s designee, shall 

6 move to proceed to the consideration of the 

7 Commission schedule for review bill. It shall 

8 also be in order for any member of the Senate 

9 or the House of Representatives, respectively, to 

10 move to proceed to the consideration of the 

11 Commission schedule for review bill at any time 

12 after the conclusion of such 5-day period. 

13 (B) MOTION TO PROCEED.—A motion to 

14 proceed to the consideration of a Commission 

15 schedule for review bill is highly privileged in 

16 the House of Representatives and is privileged 

17 in the Senate and is not debatable. The motion 

18 is not subject to amendment or to a motion to 

19 postpone consideration of the Commission 

20 schedule for review bill. If the motion to pro21 ceed is agreed to, the Senate or the House of 

22 Representatives, as the case may be, shall im23 mediately proceed to consideration of the Com24 mission schedule for review bill without inter25 vening motion, order, or other business, and the 


ebenthall on DSK29S0YB1PROD with BILLS
69 

•HR 2319 IH

1 Commission schedule for review bill shall re2 main the unfinished business of the Senate or 

3 the House of Representatives, as the case may 

4 be, until disposed of. 

5 (C) LIMITED DEBATE.—Debate on the 

6 Commission schedule for review bill and on all 

7 debatable motions and appeals in connection 

8 therewith shall be limited to not more than 10 

9 hours, which shall be divided equally between 

10 those favoring and those opposing the Commis11 sion schedule for review bill. A motion further 

12 to limit debate on the Commission schedule for 

13 review bill is in order and is not debatable. All 

14 time used for consideration of the Commission 

15 schedule for review bill, including time used for 

16 quorum calls (except quorum calls immediately 

17 preceding a vote) and voting, shall come from 

18 the 10 hours of debate. 

19 (D) AMENDMENTS.—No amendment to the 

20 Commission schedule for review bill shall be in 

21 order in the Senate and the House of Rep22 resentatives. 

23 (E) VOTE ON FINAL PASSAGE.—Imme24 diately following the conclusion of the debate on 

25 the Commission schedule for review bill, the 


ebenthall on DSK29S0YB1PROD with BILLS
70 

•HR 2319 IH

1 vote on final passage of the Commission sched2 ule for review bill shall occur. 

3 (F) OTHER MOTIONS NOT IN ORDER.—A 

4 motion to postpone consideration of the Com5 mission schedule for review bill, a motion to 

6 proceed to the consideration of other business, 

7 or a motion to recommit the Commission sched8 ule for review bill is not in order. A motion to 

9 reconsider the vote by which the Commission 

10 schedule for review bill is agreed to or not 

11 agreed to is not in order. 

12 (2) CONSIDERATION BY OTHER HOUSE.—If, be13 fore the passage by one House of the Commission 

14 schedule for review bill that was introduced in such 

15 House, such House receives from the other House a 

16 Commission schedule for review bill as passed by 

17 such other House— 

18 (A) the Commission schedule for review 

19 bill of the other House shall not be referred to 

20 a committee and may only be considered for 

21 final passage in the House that receives it 

22 under subparagraph (C); 

23 (B) the procedure in the House in receipt 

24 of the Commission schedule for review bill of 

25 the other House, shall be the same as if no 


ebenthall on DSK29S0YB1PROD with BILLS
71 

•HR 2319 IH

1 Commission schedule for review bill had been 

2 received from the other House; and 

3 (C) notwithstanding subparagraph (B), the 

4 vote on final passage shall be on the Commis5 sion schedule for review bill of the other House. 

6 (3) DISPOSITION.—Upon disposition of a Com7 mission schedule for review bill that is received by 

8 one House from the other House, it shall no longer 

9 be in order to consider the Commission schedule for 

10 review bill that was introduced in the receiving 

11 House. 

12 (c) RULES OF THE SENATE AND THE HOUSE OF

13 REPRESENTATIVES.—This section is enacted— 

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

15 the Senate and the House of Representatives, re16 spectively, and is deemed to be part of the rules of 

17 each House, respectively, but applicable only with re18 spect to the procedure to be followed in that House 

19 in the case of a Commission schedule for review bill, 

20 and it supersedes other rules only to the extent that 

21 it is inconsistent with such rules; and 

22 (2) with full recognition of the constitutional 

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

24 they relate to the procedure of that House) at any 


ebenthall on DSK29S0YB1PROD with BILLS
72 

•HR 2319 IH

1 time, in the same manner, and to the same extent 

2 as in the case of any other rule of that House. 

3 SEC. 710. DEFINITIONS. 

4 In this title: 

5 (1) AGENCY.—The term ‘‘agency’’ has the 

6 meaning given the term Executive agency in section 

7 105 of title 5, United States Code, except that such 

8 term includes an advisory committee as that term is 

9 defined in section 3 of the Federal Advisory Com10 mittee Act (5 U.S.C. App.). 

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

12 means a calendar day other than one on which ei13 ther House is not in session because of an adjourn14 ment of more than 3 days to a date certain. 

15 (3) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Agency Sunset Commission es17 tablished under section 703. 

18 (4) COMMISSION SCHEDULE FOR REVIEW

19 BILL.—The term ‘‘Commission schedule for review 

20 bill’’ means only a bill that is introduced as provided 

21 under section 709, and contains the schedule for re22 view submitted pursuant to section 702(a), without 

23 modification. 


ebenthall on DSK29S0YB1PROD with BILLS
73 

•HR 2319 IH

1 (5) SUPERMAJORITY.—The term ‘‘super2 majority’’ means an affirmative vote of two-thirds of 

3 the Members, duly chosen and sworn. 

4 SEC. 711. OFFSET OF AMOUNTS APPROPRIATED. 

5 Amounts appropriated to carry out this title shall be 

6 offset by a reduction in amounts appropriated to carry out 

7 programs of other agencies. 

8 TITLE VIII—SEVERABILITY 

9 SEC. 801. SEVERABILITY. 

10 In the event that any provision of this Act shall, for 

11 any reason, be held to be invalid or unenforceable in any 

12 respect, such invalidity or unenforceability shall not affect 

13 any other provision of this Act, and this Act shall be con14 strued as if the invalid or unenforceable provision had 

15 never been included in this Act. 

Æ 


ebenthall on DSK29S0YB1PROD with BILLS