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 manda-
tory 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 Con-
gress 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 Re-
form, 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 budg-
et resolutions adhere to these caps, to enforce these 
caps, to increase financial transparency for mandatory 
programs, to provide for a line-item adjustment, to re-
quire the parings of significant spending increases and 
adjustments to the debt ceiling, and to provide for a 
Federal Sunset commission to assist Congress in elimi-
nating Federal agencies and programs that no longer 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
serve a public need or reforming those that are inefficient 
or ineffective in serving a public need, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Maximizing America’s Prosperity Act of 2011’’. 
(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 earn-
ings. 
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. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
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. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Excessive Federal spending relative to the 
size of the U.S. economy as measured by gross do-
mestic product (GDP) has created large, persistent 
budget deficits and an unsustainable increase in 
Federal debt. 
(2) The current level of Federal spending as a 
percentage of GDP is well above both its post-World 
War II average and the level found by most econo-
mists to maximize economic growth. According to 
the nonpartisan Congressional Budget Office, if cur-
rent policies are not changed, Federal spending as a 
percentage of GDP will explode to 35 percent of 
GDP by fiscal year 2035. 
(3) A legislative spending cap is the most effec-
tive means of controlling excessive Federal spending. 
(4)(A) Congress can directly control discre-
tionary and mandatory spending through legislative 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
changes, but Congress cannot directly control inter-
est spending. 
(B) The Federal Reserve should conduct mone-
tary policy independently from fiscal policy with the 
goal of maintaining long-term price stability. Thus, 
using total spending instead of noninterest spending 
as the basis of the cap may create undue pressure 
on the Federal Reserve to pursue an overly accom-
modative monetary policy for too long in order to 
maintain low interest rates to help Congress keep 
total spending within its spending cap. If the Fed-
eral Reserve were to succumb to this pressure, the 
United States would suffer from greater price infla-
tion and a declining foreign exchange value of the 
U.S. dollar. 
(C) Therefore, the spending cap should be 
based on noninterest spending. 
(5) A cap on noninterest spending should be 
relative to the size of the economy. However, using 
actual or projected GDP as the denominator would 
make the spending cap, and thus Federal spending, 
susceptible to fluctuations in the economic cycle. 
Hence, using an alternative measurement such as 
full employment GDP would allow for greater sta-
VerDate 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
bility in Federal spending through the economic 
cycle. 
(6) To adhere to spending caps, Congress needs 
additional tools to balance the special interest de-
mands for additional spending with the broader pub-
lic interest for spending restraint. 
TITLE I—STATUTORY CAP ON 
TOTAL FEDERAL SPENDING 
SEC. 101. TOTAL SPENDING LIMITS. 
(a) TOTAL SPENDING LIMITS.—After section 252 of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985, add the following new section: 
‘‘SEC. 252A. TOTAL SPENDING LIMITS. 
‘‘(a) PROJECTIONS.— 
‘‘(1) OMB REPORT.—OMB shall prepare a re-
port comparing projected total spending under sec-
tion 257 and the total spending limits in subsection 
(c), and include such report in the budget as sub-
mitted by the President annually under section 
1105(a) of title 31, United States Code. 
‘‘(2) CBO REPORT.—CBO shall prepare a re-
port comparing projected total spending under sec-
tion 257 and the total spending limits in subsection 
(c) and include such report in the CBO annual base-
line and reestimate of the President’s budget. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(3) INCLUSION IN SPENDING REDUCTION OR-
DERS.—Reports prepared pursuant to this sub-
section shall be included in the spending reduction 
report. 
‘‘(b) SPENDING REDUCTION ORDER.—A spending re-
duction order shall be implemented using the procedures 
set forth in section 256. 
‘‘(c) FISCAL YEARS OF THE TOTAL SPENDING PE-
RIOD.—The fiscal years within the total spending period 
shall be as follows: 
‘‘(1) Fiscal year 2013: 19.0 percent of full em-
ployment GDP. 
‘‘(2) Fiscal year 2014: 18.0 percent of full em-
ployment GDP. 
‘‘(3) Fiscal year 2015: 17.4 percent of full em-
ployment GDP. 
‘‘(4) Fiscal year 2016: 17.2 percent of full em-
ployment GDP. 
‘‘(5) Fiscal year 2017: 17.0 percent of full em-
ployment GDP. 
‘‘(6) Fiscal year 2018: 16.8 percent of full em-
ployment GDP. 
‘‘(7) Fiscal year 2019: 16.7 percent of full em-
ployment GDP. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(8) Fiscal year 2020: 16.6 percent of full em-
ployment GDP. 
‘‘(9) Fiscal year 2021 and subsequent fiscal 
years: 16.5 percent of full employment GDP. 
‘‘(d) REDUCTION FOR UNFUNDED FEDERAL MAN-
DATES.—The amount determined under subsection (c) 
with respect to each fiscal year shall be reduced by an 
amount equal to the amount of the unfunded direct costs 
with respect to such fiscal year of Federal mandates (as 
such terms are defined under section 421) enacted after 
the date of the enactment of this section. Such amount 
shall not be treated as being less than zero with respect 
to any fiscal year.’’. 
(b) DEFINITIONS.—Section 3 of the Congressional 
Budget and Impoundment Control Act of 1974 (2 U.S.C. 
622) is amended by adding at the end the following new 
paragraphs: 
‘‘(11) The term ‘total spending’ means all out-
lays of the Government including those from off- 
budget entities and budget authority and outlays 
flowing therefrom, as applicable, designated as emer-
gencies, and excluding net interest. 
‘‘(12) The term ‘total spending limit’ means the 
maximum permissible total spending of the Govern-
VerDate 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
ment set forth as a percentage of estimated full em-
ployment GDP. 
‘‘(13) The term ‘full employment GDP’ has the 
same meaning as the term potential GDP used by 
the Congressional Budget Office, which is the gross 
domestic product that would occur if the economy 
were at full employment, not exceeding the employ-
ment level at which inflation would occur .’’. 
(c) CONFORMING AMENDMENT.—The table of con-
tents set forth in 250(c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by in-
serting after the item relating to section 252A the fol-
lowing new item: 
‘‘Sec. 252A. Total spending limits.’’. 
SEC. 102. ALLOCATION FOR EMERGENCIES. 
(a) Section 302(a) of the Congressional Budget Act 
of 1974 is amended by adding at the end the following 
new paragraph: 
‘‘(6) ALLOCATION TO THE COMMITTEES ON AP-
PROPRIATIONS FOR EMERGENCIES.—Of the amounts 
of new budget authority and outlays allocated to the 
Committees on Appropriations for the first fiscal 
year of the concurrent resolution on the budget, 1 
percent shall be set aside for emergencies and may 
be used for no other purpose.’’. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(b) Section 1105(a)(14) of title 31, United States 
Code, is amended by inserting ‘‘, including an amount for 
emergency spending not less than 1 percent of all discre-
tionary spending for that year’’ before the period. 
SEC. 103. REPORTS AND ORDERS. 
Section 254 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended to read as follows: 
‘‘SEC. 254. REPORTS AND ORDERS. 
‘‘(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. 
‘‘(b) SUBMISSION AND AVAILABILITY OF REPORTS.— 
Each report required by this section shall be submitted 
to the Committees on the Budget of the House of Rep-
resentatives and the Senate. On the following day a notice 
of the report shall be printed in the Federal Register. 
‘‘(c) SEQUESTRATION PREVIEW REPORT.— 
‘‘(1) REPORTING REQUIREMENT.—On the dates 
specified in subsection (a), OMB and CBO shall 
issue a preview report regarding discretionary limits 
and total spending limits, with sequestration based 
on laws enacted through those dates. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(2) TOTAL SPENDING LIMIT SEQUESTRATION 
REPORT.—The preview reports shall set forth for the 
budget year estimates for the following: 
‘‘(A) The total spending limit. 
‘‘(B) 
The 
estimated 
total 
spending 
amount. 
‘‘(C) The full employment GDP, as derived 
by OMB from the most recent report of the 
Congressional Budget Office entitled ‘The 
Budget and Economic Outlook’. 
‘‘(D) The amount of reductions required 
under section 252A. 
‘‘(3) EXPLANATION
OF
DIFFERENCES.—The 
OMB reports shall explain the differences between 
OMB and CBO estimates for each item set forth in 
this subsection. 
‘‘(d) SEQUESTRATION UPDATE REPORT.—On the 
dates specified in subsection (a), OMB and CBO shall 
issue a sequestration update report, reflecting laws en-
acted through those dates, containing all of the informa-
tion required in the sequestration preview report. 
‘‘(e) SEQUESTRATION FINAL REPORT.— 
‘‘(1) REPORTING REQUIREMENT.—On the dates 
specified in subsection (a), OMB and CBO shall 
issue a sequestration final report, reflecting laws en-
VerDate 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
acted through those dates, containing all of the in-
formation required in the sequestration preview re-
port. 
‘‘(2) PRESIDENTIAL ORDER.—On the date spec-
ified in subsection (a), if in its sequestration final 
report OMB estimates that any sequestration is re-
quired, the President shall issue an order fully im-
plementing without change all sequestrations re-
quired by the OMB calculations set forth in that re-
port. This order shall be effective on issuance. 
‘‘(f) GAO COMPLIANCE REPORT.—Upon request of 
the Committee on the Budget of the House of Representa-
tives or the Senate, the Comptroller General shall submit 
to the Congress and the President a report on— 
‘‘(1) the extent to which each order issued by 
the President under this section complies with all of 
the requirements contained in this part, either certi-
fying that the order fully and accurately complies 
with such requirements or indicating the respects in 
which it does not; and 
‘‘(2) the extent to which each report issued by 
OMB or CBO under this section complies with all of 
the requirements contained in this part, either certi-
fying that the report fully and accurately complies 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
with such requirements or indicating the respects in 
which it does not. 
‘‘(g) ECONOMIC AND TECHNICAL ASSUMPTIONS.—In 
all reports required by this section, OMB shall use the 
same economic and technical assumptions as used in the 
most recent budget submitted by the President under sec-
tion 1105(a) of title 31, United States Code’’. 
SEC. 104. SPENDING REDUCTION ORDERS. 
(a) IN GENERAL.—Section 256 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended to read as follows: 
‘‘SEC. 256. SPENDING REDUCTION ORDER. 
‘‘(a) GENERAL RULES.— 
‘‘(1) CALCULATION OF SPENDING REDUCTION 
PERCENTAGE.—OMB shall include in its final 
spending sequestration report a requirement that 
each nonexempt spending account shall be reduced 
by an amount of budget authority calculated by mul-
tiplying the baseline level of budgetary resources in 
that account at that time by the uniform percentage 
necessary to reduce outlays sufficient to eliminate an 
excess spending amount. 
‘‘(2) EXEMPTIONS.—The following shall be ex-
empt from reduction under any order issued under 
this part: 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(A) Payments for net interest. 
‘‘(B) Obligated balances of budget author-
ity carried over from prior fiscal years. 
‘‘(C) Any obligations of the Federal Gov-
ernment required to be paid under the United 
States Constitution or legally contractual obli-
gations. 
‘‘(D) Intragovernmental transfers. 
‘‘(3) REDUCTION LIMITATION.—(A) No discre-
tionary budget account shall be subject to a spend-
ing reduction of more than ten percent of its budg-
etary resources. 
‘‘(B) No direct spending program shall be sub-
ject to a spending reduction which exceeds the elimi-
nation of the entire automatic spending increase for 
that program for the fiscal year to which the appli-
cable sequestration applies. 
‘‘(C) Notwithstanding subparagraph (A) or (B), 
a spending reduction of 100 percent shall occur for 
any existing program that is not operative on the 
applicable final spending sequestration report. 
‘‘(4) APPLICATION.—Once issued, a spending 
reduction shall be applied to nonexempt programs as 
follows: 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(A) Budgetary resources subject to a 
spending reduction to any discretionary account 
shall be permanently canceled. 
‘‘(B) The same percentage spending reduc-
tion shall apply to all programs, projects, and 
activities within a budget account (with pro-
grams, projects, and activities as delineated in 
the appropriation Act or accompanying report 
for the relevant fiscal year covering that ac-
count, or for accounts not included in appro-
priation Acts, as delineated in the most recently 
submitted President’s budget). 
‘‘(C) Administrative regulations imple-
menting a spending reduction shall be made 
within 120 days of the issue of a spending re-
duction order. 
‘‘(b) EMERGENCIES.—(1) No funding shall be subject 
to sequestration or counted for purposes of calculating a 
sequester if it is designated for an emergency program 
under this section and so designated by the President. 
‘‘(2) Congress shall not designate a program an 
emergency program unless such designation is agreed to 
in accordance with the requirements of paragraph (1) of 
clause 1 of rule XV of the Rules of the House of Rep-
resentatives.’’. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEALS.—Sections 255 and 275 of the 
Balanced Budget and Emergency Deficit Control 
Act of 1985 are repealed. 
(2) CONFORMING AMENDMENT.—The item re-
lating to section 256 in the table of contents set 
forth in section 250(a) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended 
to read as follows: 
‘‘Sec. 256. Spending reduction order.’’. 
TITLE II—FISCALLY 
RESPONSIBLE BUDGET 
SEC. 201. PRESIDENT’S BUDGET SUBMISSIONS TO CON-
GRESS. 
Section 1105 of title 31, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(i)(1) The budget transmitted pursuant to sub-
section (a) shall be in compliance with the statutory cap 
on total Federal spending set forth in the Maximizing 
America’s Prosperity Act of 2011. 
‘‘(2) Any budget transmitted pursuant to subsection 
(a) or paragraph (1) for a fiscal year shall include the 
following: 
‘‘(A) A plan to ensure that the OASDI and HI 
trust funds will not be exhausted during the 75-year 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
projection period and that the trust fund ratios will 
not be declining at the end of such period if the re-
port from the Actuaries indicate a shortfall in the 
trust funds. 
‘‘(B) A prioritization of non-exempt spending 
(as described in section 256(a)(2) of the Balanced 
Budget and Emergency Deficit Control Act of 
1985), by ranking all programs, projects, and activi-
ties of the Government in five categories from the— 
‘‘(i) most essential to 
‘‘(ii) essential to 
‘‘(iii) somewhat essential to 
‘‘(iv) less essential to 
‘‘(v) least essential, 
with not less than 12 percent of total non-exempt 
spending falling into any one category. 
For purposes of subparagraph (A), the term ‘OASDI trust 
fund ratio’ has the meaning provided in section 
201(l)(3)(B)(iii) of the Social Security Act and the term 
‘Hospital Insurance Trust Fund ratio’ has the meaning 
provided in section 201(l)(5)(B) of such Act, and such 
budget shall facilitate the plan.’’. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
SEC. 202. CONCURRENT RESOLUTIONS ON THE BUDGET. 
(a) IN GENERAL.—Section 312 of the Congressional 
Budget Act of 1974 is amended by adding at the end the 
following new subsection: 
‘‘(g) STATUTORY CAP ON TOTAL FEDERAL SPEND-
ING POINT OF ORDER.—It shall not be in order in the 
House of Representatives or the Senate to consider any 
concurrent resolution on the budget that sets forth total 
Federal outlays for any fiscal year in excess of those set 
forth for that fiscal year in section 252A of the Balanced 
Budget and Emergency Deficit Control Act of 1985.’’. 
(b) CONFORMING AMENDMENT.—Subsections (c)(2) 
and (d)(3) of section 904 of the Congressional Budget Act 
of 1974 are each amended by striking ‘‘and 312(c)’’ and 
inserting ‘‘312(c), and 312(g)’’. 
TITLE III—LEGISLATIVE LINE 
ITEM REDUCTION ACT OF 2011 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Legislative Line Item 
Reduction Act of 2011’’. 
SEC. 302. LEGISLATIVE LINE ITEM REDUCTION. 
(a) IN GENERAL.—Title X of the Congressional 
Budget and Impoundment Control Act of 1974 (2 U.S.C. 
621 et seq.) is amended by striking part C and inserting 
the following: 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘PART C—LEGISLATIVE LINE ITEM REDUCTION 
‘‘EXPEDITED CONSIDERATION OF CERTAIN PROPOSED 
RESCISSIONS 
‘‘SEC. 1021. 
‘‘(a) PROPOSED RESCISSIONS.—The President may 
send a special message, at the time and in the manner 
provided in subsection (b), that proposes to rescind dollar 
amounts of discretionary budget authority and items of 
direct spending. 
‘‘(b) TRANSMITTAL OF SPECIAL MESSAGE.— 
‘‘(1) SPECIAL MESSAGE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) FOUR MESSAGES.—The President 
may transmit to Congress not to exceed 4 
special messages per calendar year, pro-
posing to rescind dollar amounts of discre-
tionary budget authority and items of di-
rect spending. 
‘‘(ii) TIMING.—Special messages may 
be transmitted under clause (i)— 
‘‘(I) with the President’s budget 
submitted pursuant to section 1105 of 
title 31, United States Code; and 
‘‘(II) 3 other times as determined 
by the President. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(iii) LIMITATIONS.— 
‘‘(I) IN GENERAL.—Special mes-
sages shall be submitted within 1 cal-
endar year of the date of enactment of 
any dollar amount of discretionary 
budget authority or item of direct 
spending the President proposes to re-
scind pursuant to this title. 
‘‘(II) 
RESUBMITTAL.—If 
Con-
gress rejects or does not complete ac-
tion on a bill introduced under this 
title, the President may resubmit 
some or all of the dollar amounts of 
discretionary budget authority and 
items of direct spending in that bill in 
not more than 1 additional special 
message under this part or part B. 
‘‘(B) CONTENTS OF SPECIAL MESSAGE.— 
Each special message shall specify, with respect 
to the dollar amount of discretionary budget au-
thority or item of direct spending proposed to 
be rescinded— 
‘‘(i) the dollar amount of discretionary 
budget authority available and proposed 
for rescission from accounts, departments, 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
or establishments of the government and 
the dollar amount of the reduction in out-
lays that would result from the enactment 
of such rescission of discretionary budget 
authority for the time periods set forth in 
subparagraph (A)(iii); 
‘‘(ii) the specific items of direct spend-
ing proposed for rescission and the dollar 
amounts of the reductions in budget au-
thority and outlays or increases in receipts 
that would result from enactment of such 
rescission for the time periods set forth in 
subparagraph (A)(iii); 
‘‘(iii) the budgetary effects of pro-
posals for rescission, estimated as of the 
date the President submits the special 
message, relative to the most recent levels 
calculated consistent with the methodology 
described in section 257 of the Balanced 
Budget and Emergency Deficit Control Act 
of 1985 and included with a budget sub-
mission under section 1105(a) of title 31, 
United States Code, for the time periods 
of— 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(I) the fiscal year in which the 
proposal is submitted; and 
‘‘(II) each of the 10 following fis-
cal years beginning with the fiscal 
year after the fiscal year in which the 
proposal is submitted; 
‘‘(iv) any account, department, or es-
tablishment of the Government to which 
such dollar amount of discretionary budget 
authority or item of direct spending is 
available for obligation, and the specific 
project or governmental functions involved; 
‘‘(v) the reasons why such dollar 
amount of discretionary budget authority 
or item of direct spending should be re-
scinded; 
‘‘(vi) the estimated fiscal and eco-
nomic impacts, of the proposed rescission; 
‘‘(vii) to the maximum extent prac-
ticable, all facts, circumstances, and con-
siderations relating to or bearing upon the 
proposed rescission and the decision to ef-
fect the proposed rescission, and the esti-
mated effect of the proposed rescission 
upon the objects, purposes, and programs 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
for which the budget authority or items of 
direct spending are provided; and 
‘‘(viii) a draft bill that, if enacted, 
would rescind the budget authority and 
items of direct spending proposed to be re-
scinded in that special message. 
‘‘(2) ANALYSIS
BY
CONGRESSIONAL
BUDGET 
OFFICE.— 
‘‘(A) IN GENERAL.—Upon the receipt of a 
special message under this section proposing to 
rescind dollar amounts of discretionary budget 
authority and items of direct spending the Di-
rector of the Congressional Budget Office shall 
prepare an estimate of the savings in budget 
authority or outlays resulting from such pro-
posed rescission. 
‘‘(B) METHODOLOGY.—The estimates re-
quired by subparagraph (A) shall be made rel-
ative to the most recent levels calculated con-
sistent with the methodology used to calculate 
a baseline under section 257 of the Balanced 
Budget and Emergency Control Act of 1985 
and included with a budget submission under 
section 1105(a) of title 31, United States Code, 
and transmitted to the chairmen of the Com-
VerDate 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
mittees on the Budget of the House of Rep-
resentatives and Senate. 
‘‘(3) ENACTMENT OF RESCISSION BILL.— 
‘‘(A) DEFICIT
REDUCTION.—Amounts of 
budget authority or items of direct spending 
that are rescinded pursuant to enactment of a 
bill as provided under this section shall be dedi-
cated only to deficit reduction and shall not be 
used as an offset for other spending increases 
or revenue reductions. 
‘‘(B) ADJUSTMENT
OF
BUDGET
TAR-
GETS.—Not later than 5 days after the date of 
enactment of a rescission bill as provided under 
this section, the chairs of the Committees on 
the Budget of the Senate and the House of 
Representatives shall revise spending and rev-
enue levels under section 311(a) of the Con-
gressional Budget Act of 1974 and adjust the 
committee allocations under section 302(a) of 
the Congressional Budget Act of 1974 or any 
other adjustments as may be appropriate to re-
flect the rescission. The adjustments shall re-
flect the budgetary effects of such rescissions as 
estimated by the President pursuant to para-
graph (1)(B)(iii). The appropriate committees 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
shall report revised allocations pursuant to sec-
tion 302(b) of the Congressional Budget Act of 
1974. Notwithstanding any other provision of 
law, the revised allocations and aggregates shall 
be considered to have been made under a con-
current resolution on the budget agreed to 
under the Congressional Budget Act of 1974 
and shall be enforced under the procedures of 
that Act. 
‘‘(C) ADJUSTMENTS TO CAPS.—After en-
actment of a rescission bill as provided under 
this section, the President shall revise applica-
ble limits under the Maximizing America’s 
Prosperity Act of 2011, as appropriate. 
‘‘(c) PROCEDURES
FOR
EXPEDITED
CONSIDER-
ATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) INTRODUCTION.—Before the close of 
the second day of session of the Senate and the 
House of Representatives, respectively, after the 
date of receipt of a special message transmitted 
to Congress under subsection (b), the majority 
leader of each House, for himself, or minority 
leader of each House, for himself, or a Member 
of that House designated by that majority lead-
VerDate 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
er or minority leader shall introduce (by re-
quest) the President’s draft bill to rescind the 
amounts of budget authority or items of direct 
spending, as specified in the special message 
and the President’s draft bill. If the bill is not 
introduced as provided in the preceding sen-
tence in either House, then, on the third day of 
session of that House after the date of receipt 
of that special message, any Member of that 
House may introduce the bill. 
‘‘(B) REFERRAL AND REPORTING.— 
‘‘(i) ONE COMMITTEE.—The bill shall 
be referred by the presiding officer to the 
appropriate committee. The committee 
shall report the bill without any revision 
and with a favorable, an unfavorable, or 
without recommendation, not later than 
the fifth day of session of that House after 
the date of introduction of the bill in that 
House. If the committee fails to report the 
bill within that period, the committee shall 
be automatically discharged from consider-
ation of the bill, and the bill shall be 
placed on the appropriate calendar. 
‘‘(ii) MULTIPLE COMMITTEES.— 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(I) REFERRALS.—If a bill con-
tains provisions in the jurisdiction of 
more than 1 committee, the bill shall 
be jointly referred to the committees 
of jurisdiction and the Committee on 
the Budget. 
‘‘(II) VIEWS
OF
COMMITTEE.— 
Any committee, other than the Com-
mittee on the Budget, to which a bill 
is referred under this clause may sub-
mit a favorable, an unfavorable rec-
ommendation, without recommenda-
tion with respect to the bill to the 
Committee on the Budget prior to the 
reporting or discharge of the bill. 
‘‘(III) REPORTING.—The Com-
mittee on the Budget shall report the 
bill not later than the fifth day of ses-
sion of that House after the date of 
introduction of the bill in that House, 
without any revision and with a favor-
able or unfavorable recommendation, 
or without recommendation, together 
with the recommendations of any 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
committee to which the bill has been 
referred. 
‘‘(IV) DISCHARGE.—If the Com-
mittee on the Budget fails to report 
the bill within that period, the com-
mittee shall be automatically dis-
charged from consideration of the bill, 
and the bill shall be placed on the ap-
propriate calendar. 
‘‘(C) FINAL
PASSAGE.—A vote on final 
passage of the bill shall be taken in the Senate 
and the House of Representatives on or before 
the close of the 10th day of session of that 
House after the date of the introduction of the 
bill in that House. If the bill is passed, the 
Clerk of the House of Representatives shall 
cause the bill to be transmitted to the Senate 
before the close of the next day of session of the 
House. 
‘‘(2) CONSIDERATION IN THE HOUSE OF REP-
RESENTATIVES.— 
‘‘(A) MOTION TO PROCEED TO CONSIDER-
ATION.—A motion in the House of Representa-
tives to proceed to the consideration of a bill 
under this subsection shall be highly privileged 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
and not debatable. An amendment to the mo-
tion shall not be in order, nor shall it be in 
order to move to reconsider the vote by which 
the motion is agreed to or disagreed to. 
‘‘(B) LIMITS ON DEBATE.—Debate in the 
House of Representatives on a bill under this 
subsection shall not exceed 4 hours, which shall 
be divided equally between those favoring and 
those opposing the bill. A motion further to 
limit debate shall not be debatable. It shall not 
be in order to move to recommit a bill under 
this subsection or to move to reconsider the 
vote by which the bill is agreed to or disagreed 
to. 
‘‘(C) APPEALS.—Appeals from decisions of 
the chair relating to the application of the 
Rules of the House of Representatives to the 
procedure relating to a bill under this section 
shall be decided without debate. 
‘‘(D) APPLICATION
OF
HOUSE
RULES.— 
Except to the extent specifically provided in this 
section, consideration of a bill under this sec-
tion shall be governed by the Rules of the 
House of Representatives. It shall not be in 
order in the House of Representatives to con-
VerDate 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
sider any bill introduced pursuant to the provi-
sions of this section under a suspension of the 
rules or under a special rule. 
‘‘(3) CONSIDERATION IN THE SENATE.— 
‘‘(A) MOTION TO PROCEED TO CONSIDER-
ATION.—A motion to proceed to the consider-
ation of a bill under this subsection in the Sen-
ate shall not be debatable. A motion to proceed 
to consideration of the bill may be made even 
though a previous motion to the same effect has 
been disagreed to. It shall not be in order to 
move to reconsider the vote by which the mo-
tion to proceed is agreed to or disagreed to. 
‘‘(B) LIMITS ON DEBATE.—Debate in the 
Senate on a bill under this subsection, and all 
debatable motions and appeals in connection 
therewith, shall not exceed a total of 10 hours, 
equally divided and controlled in the usual 
form. 
‘‘(C) 
DEBATABLE
MOTIONS
AND
AP-
PEALS.—Debate in the Senate on any debatable 
motion or appeal in connection with a bill under 
this subsection shall be limited to not more 
than 1 hour from the time allotted for debate, 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
to be equally divided and controlled in the usual 
form. 
‘‘(D) MOTION TO LIMIT DEBATE.—A mo-
tion in the Senate to further limit debate on a 
bill under this subsection is not debatable. 
‘‘(E) MOTION TO RECOMMIT.—A motion to 
recommit a bill under this subsection is not in 
order. 
‘‘(F) CONSIDERATION
OF
THE
HOUSE 
BILL.— 
‘‘(i) IN GENERAL.—If the Senate has 
received the House companion bill to the 
bill introduced in the Senate prior to the 
vote required under paragraph (1)(C), then 
the Senate shall consider, and the vote 
under paragraph (1)(C) shall occur on, the 
House companion bill. 
‘‘(ii) PROCEDURE
AFTER
VOTE
ON 
SENATE BILL.—If the Senate votes, pursu-
ant to paragraph (1)(C), on the bill intro-
duced in the Senate, the Senate bill shall 
be held pending receipt of the House mes-
sage on the bill. Upon receipt of the House 
companion bill, the House bill shall be 
deemed to be considered, read for the third 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
time, and the vote on passage of the Sen-
ate bill shall be considered to be the vote 
on the bill received from the House. 
‘‘(d) AMENDMENTS AND DIVISIONS PROHIBITED.— 
‘‘(1) IN GENERAL.—No amendment to a bill 
considered under this section shall be in order in ei-
ther the Senate or the House of Representatives. 
‘‘(2) NO DIVISION.—It shall not be in order to 
demand a division of the question in the House of 
Representatives (or in a Committee of the Whole). 
‘‘(3) NO SUSPENSION.—No motion to suspend 
the application of this subsection shall be in order 
in the House of Representatives, nor shall it be in 
order in either the House of Representatives or the 
Senate to suspend the application of this subsection 
by unanimous consent. 
‘‘(e) TEMPORARY PRESIDENTIAL AUTHORITY
TO 
WITHHOLD.— 
‘‘(1) AVAILABILITY.—The President may not 
withhold any dollar amount of discretionary budget 
authority until the President transmits and Congress 
receives a special message pursuant to subsection 
(b). Upon receipt by Congress of a special message 
pursuant to subsection (b), the President may direct 
that any dollar amount of discretionary budget au-
VerDate 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
thority proposed to be rescinded in that special mes-
sage shall be withheld from obligation for a period 
not to exceed 45 calendar days from the date of re-
ceipt by Congress. 
‘‘(2) EARLY
AVAILABILITY.—The President 
may make any dollar amount of discretionary budget 
authority withheld from obligation pursuant to para-
graph (1) available at an earlier time if the Presi-
dent determines that continued withholding would 
not further the purposes of this title. 
‘‘(f) TEMPORARY
PRESIDENTIAL
AUTHORITY
TO 
SUSPEND.— 
‘‘(1) SUSPEND.—The President may not sus-
pend the execution of any item of direct spending 
until the President transmits and Congress receives 
a special message pursuant to subsection (b). Upon 
receipt by Congress of a special message, the Presi-
dent may suspend the execution of any item of di-
rect spending proposed to be rescinded in that mes-
sage for a period not to exceed 45 calendar days 
from the date of receipt by Congress. 
‘‘(2) EARLY
AVAILABILITY.—The President 
may terminate the suspension of any item of direct 
spending suspended pursuant to paragraph (1) at an 
earlier time if the President determines that con-
VerDate 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
tinuation of the suspension would not further the 
purposes of this title. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATION LAW.—The term ‘appro-
priation law’ means any general or special appro-
priation Act, and any Act or joint resolution making 
supplemental, deficiency, or continuing appropria-
tions. 
‘‘(2) CALENDAR DAY.—The term ‘calendar day’ 
means a standard 24-hour period beginning at mid-
night. 
‘‘(3) DAYS
OF
SESSION.—The term ‘days of 
session’ means only those days on which both 
Houses of Congress are in session. 
‘‘(4) DOLLAR
AMOUNT
OF
DISCRETIONARY 
BUDGET AUTHORITY.—The term ‘dollar amount of 
discretionary budget authority’ means the dollar 
amount of budget authority and obligation limita-
tions— 
‘‘(A) specified in an appropriation law, or 
the dollar amount of budget authority required 
to be allocated by a specific proviso in an ap-
propriation law for which a specific dollar figure 
was not included; 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(B) represented separately in any table, 
chart, or explanatory text included in the state-
ment of managers or the governing committee 
report accompanying such law; 
‘‘(C) required to be allocated for a specific 
program, project, or activity in a law (other 
than an appropriation law) that mandates obli-
gations from or within accounts, programs, 
projects, or activities for which budget authority 
or an obligation limitation is provided in an ap-
propriation law; 
‘‘(D) represented by the product of the es-
timated procurement cost and the total quantity 
of items specified in an appropriation law or in-
cluded in the statement of managers or the gov-
erning committee report accompanying such 
law; or 
‘‘(E) represented by the product of the es-
timated procurement cost and the total quantity 
of items required to be provided in a law (other 
than an appropriation law) that mandates obli-
gations from accounts, programs, projects, or 
activities for which dollar amount of discre-
tionary budget authority or an obligation limita-
tion is provided in an appropriation law. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(5) RESCIND OR RESCISSION.—The term ‘re-
scind’ or ‘rescission’ means— 
‘‘(A) in the case of a dollar amount of dis-
cretionary budget authority, to reduce or repeal 
a provision of law to prevent that budget au-
thority or obligation limitation from having 
legal force or effect; and 
‘‘(B) in the case of direct spending, to re-
peal a provision of law in order to prevent the 
specific legal obligation of the United States 
from having legal force or effect. 
‘‘(6) DIRECT
SPENDING.—The term ‘direct 
spending’ means budget authority provided by law 
(other than an appropriation law), mandatory spend-
ing provided in appropriation Acts, and entitlement 
authority. 
‘‘(7) ITEM OF DIRECT SPENDING.—The term 
‘item of direct spending’ means any specific provi-
sion of law enacted after the effective date of the 
Legislative Line Item Reduction Act of 2011 that is 
estimated to result in an increase in budget author-
ity or outlays for direct spending relative to the most 
recent levels calculated consistent with the method-
ology described in section 257 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
and included with a budget submission under section 
1105(a) of title 31, United States Code, and, with 
respect to estimates made after that budget submis-
sion that are not included with it, estimates con-
sistent with the economic and technical assumptions 
underlying the most recently submitted President’s 
budget. 
‘‘(8) SUSPEND
THE
EXECUTION.—The term 
‘suspend the execution’ means, with respect to an 
item of direct spending, to stop the carrying into ef-
fect of the specific provision of law that provides 
such benefit.’’. 
(b) EXERCISE OF RULEMAKING POWERS.—Section 
904 of the Congressional Budget Act of 1974 (2 U.S.C. 
621 note) is amended— 
(1) in subsection (a), by striking ‘‘and 1017’’ 
and inserting ‘‘1017, and 1021’’; and 
(2) in subsection (d), by striking ‘‘section 
1017’’ and inserting ‘‘sections 1017 and 1021’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SHORT TITLE.—Section 1(a) of the Con-
gressional Budget and Impoundment Control Act of 
1974 is amended by— 
(A) striking ‘‘Parts A and B’’ before ‘‘title 
X’’ and inserting ‘‘Parts A, B, and C’’; and 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(B) striking the last sentence and inserting 
at the end the following new sentence: ‘‘Part C 
of title X also may be cited as the ‘Legislative 
Line Item Reduction Act of 2011’ ’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents set forth in section 1(b) of the Congressional 
Budget and Impoundment Control Act of 1974 is 
amended by deleting the contents for part C of title 
X and inserting the following: 
‘‘PART C—LEGISLATIVE LINE ITEM VETO 
‘‘Sec. 1021. Expedited consideration of certain proposed rescissions.’’. 
(d) EFFECTIVE DATE AND EXPIRATION.— 
(1) EFFECTIVE DATE.—The amendments made 
by this Act shall— 
(A) take effect on the date of enactment of 
this Act; and 
(B) apply to any dollar amount of discre-
tionary budget authority, item of direct spend-
ing, or targeted tax benefit provided in an Act 
enacted on or after September 1, 2011. 
(2) EXPIRATION.—The amendments made by 
this Act shall expire on December 31, 2015. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
TITLE IV—PERMANENT 
CONTINUING RESOLUTION 
SEC. 401. AUTOMATIC CONTINUING APPROPRIATIONS. 
(a) IN GENERAL.—Chapter 13 of title 31, United 
States Code, is amended by inserting after section 1310 
the following new section: 
‘‘§ 1311. Continuing appropriations 
‘‘(a)(1) If any regular appropriation bill for a fiscal 
year does not become law before the beginning of such 
fiscal year or a joint resolution making continuing appro-
priations is not in effect, there are appropriated, out of 
any money in the Treasury not otherwise appropriated, 
and out of applicable corporate or other revenues, receipts, 
and funds, such sums as may be necessary to continue 
any project or activity for which funds were provided in 
the preceding fiscal year— 
‘‘(A) in the corresponding regular appropriation 
Act for such preceding fiscal year; or 
‘‘(B) if the corresponding regular appropriation 
bill for such preceding fiscal year did not become 
law, then in a joint resolution making continuing ap-
propriations for such preceding fiscal year. 
‘‘(2) Appropriations and funds made available, and 
authority granted, for a project or activity for any fiscal 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
year pursuant to this section shall be at a rate of oper-
ations not in excess of the lower of— 
‘‘(A) 90 percent of the rate of operations pro-
vided for in the regular appropriation Act providing 
for such project or activity for the preceding fiscal 
year; 
‘‘(B) in the absence of such an Act, 90 percent 
of the rate of operations provided for such project or 
activity pursuant to a joint resolution making con-
tinuing appropriations for such preceding fiscal year; 
‘‘(C) 90 percent of the rate of operations pro-
vided for in the regular appropriation bill as passed 
by the House of Representatives or the Senate for 
the fiscal year in question, except that the lower of 
these two versions shall be ignored for any project 
or activity for which there is a budget request if no 
funding is provided for that project or activity in ei-
ther version; or 
‘‘(D) 90 percent of the annualized rate of oper-
ations provided for in the most recently enacted 
joint resolution making continuing appropriations 
for part of that fiscal year or any funding levels es-
tablished under the provisions of this Act. 
‘‘(3) Appropriations and funds made available, and 
authority granted, for any fiscal year pursuant to this sec-
VerDate 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
tion for a project or activity shall be available for the pe-
riod beginning with the first day of a lapse in appropria-
tions and ending with the earlier of— 
‘‘(A) the date on which the applicable regular 
appropriation bill for such fiscal year becomes law 
(whether or not such law provides for such project 
or activity) or a continuing resolution making appro-
priations becomes law, as the case may be; or 
‘‘(B) the last day of such fiscal year. 
‘‘(b) An appropriation or funds made available, or au-
thority granted, for a project or activity for any fiscal year 
pursuant to this section shall be subject to the terms and 
conditions imposed with respect to the appropriation made 
or funds made available for the preceding fiscal year, or 
authority granted for such project or activity under cur-
rent law. 
‘‘(c) Appropriations and funds made available, and 
authority granted, for any project or activity for any fiscal 
year pursuant to this section shall cover all obligations or 
expenditures incurred for such project or activity during 
the portion of such fiscal year for which this section ap-
plies to such project or activity. 
‘‘(d) Expenditures made for a project or activity for 
any fiscal year pursuant to this section shall be charged 
to the applicable appropriation, fund, or authorization 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
whenever a regular appropriation bill or a joint resolution 
making continuing appropriations until the end of a fiscal 
year providing for such project or activity for such period 
becomes law. 
‘‘(e) This section shall not apply to a project or activ-
ity during a fiscal year if any other provision of law (other 
than an authorization of appropriations)— 
‘‘(1) makes an appropriation, makes funds 
available, or grants authority for such project or ac-
tivity to continue for such period; or 
‘‘(2) specifically provides that no appropriation 
shall be made, no funds shall be made available, or 
no authority shall be granted for such project or ac-
tivity to continue for such period. 
‘‘(f) For purposes of this section, the term ‘regular 
appropriation bill’ means any annual appropriation bill 
making appropriations, otherwise making funds available, 
or granting authority, for any of the following categories 
of projects and activities: 
‘‘(1) Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies. 
‘‘(2) Commerce, Justice, Science, and Related 
Agencies. 
‘‘(3) Department of Defense. 
‘‘(4) Energy and Water Development. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(5) Financial Services and General Govern-
ment. 
‘‘(6) Department of Homeland Security. 
‘‘(7) Department of the Interior, Environment, 
and Related Agencies. 
‘‘(8) Departments of Labor, Health and 
Human Services, Education, and Related Agencies. 
‘‘(9) Legislative Branch. 
‘‘(10) Military Construction, Veterans’ Affairs, 
and Related Agencies. 
‘‘(11) Department of State, Foreign Oper-
ations, and Related Programs. 
‘‘(12) Transportation, Housing and Urban De-
velopment, and Related Agencies.’’. 
(b) CLERICAL AMENDMENT.—The analysis of chap-
ter 13 of title 31, United States Code, is amended by in-
serting after the item relating to section 1310 the fol-
lowing new item: 
‘‘1311. Continuing appropriations.’’. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6211
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
TITLE V—TRANSPARENCY 
SEC. 501. INCLUSION IN ANNUAL SOCIAL SECURITY AC-
COUNT STATEMENT OF ESTIMATED PRESENT 
VALUE OF TAXES AND BENEFITS FOR SOCIAL 
SECURITY AND MEDICARE AND PROJECTED 
DEFICIT AS A PERCENT OF LIFETIME EARN-
INGS. 
(a) IN GENERAL.—Section 1143(a)(2) of the Social 
Security Act (42 U.S.C. 1320b–13(a)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘benefits.’’ 
and inserting ‘‘benefits;’’; and 
(2) by adding after subparagraph (E) the fol-
lowing new subparagraphs: 
‘‘(F) an estimate, as determined by the Com-
missioner, in consultation with the Secretary of 
Health and Human Services, on the basis of avail-
able records of the Commissioner and projections 
based on reasonable assumptions, of— 
‘‘(i) the present value of potential lifetime 
aggregate employer, employee, and self-employ-
ment contributions of the eligible individual for 
old-age, survivors, and disability insurance 
(under title II) and for hospital insurance 
(under part A of title XVIII); 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(ii) the present value of potential lifetime 
premiums payable (under parts B and D of title 
XVIII); and 
‘‘(iii) the present value of potential lifetime 
aggregate retirement, disability, survivor, and 
auxiliary benefits payable on the eligible individ-
ual’s account under title II and per capita bene-
fits payable under the Medicare program of title 
XVIII; and 
‘‘(G) an estimate, as determined by the Com-
missioner, in consultation with the Secretary of 
Health and Human Services, on the basis of avail-
able records of the Commissioner and projections 
based on reasonable assumptions, of the ratio (ex-
pressed as a percentage) of— 
‘‘(i) the sum of the projected deficit-fi-
nanced benefits under the old-age, survivors, 
and disability insurance program with respect 
to the eligible individual and the projected def-
icit-financed benefits under part A of the Medi-
care program under title XVIII with respect to 
the eligible individual, to 
‘‘(ii) projected lifetime earnings of the eli-
gible individual.’’. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(b) DEFINITIONS.—Section 1143(a) of such Act (42 
U.S.C. 1320b–13(a)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) For purposes of paragraph (2)(G)— 
‘‘(A) The term ‘projected deficit-financed bene-
fits’ means— 
‘‘(i) with respect to an eligible individual in 
connection with the old-age, survivors, and dis-
ability insurance program, the product of— 
‘‘(I) the benefits described in subpara-
graph (F)(ii) of such individual under such 
program, and 
‘‘(II) the ratio of future annual defi-
cits, excluding interest, of the Federal Old- 
Age and Survivors Insurance Trust Fund 
and the Federal Disability Insurance Trust 
Fund over the eligible individual’s lifetime 
to future annual outlays from such Trust 
Funds over such lifetime; and 
‘‘(ii) with respect to an eligible individual 
in connection with the Medicare program under 
title XVIII, the product of— 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
‘‘(I) the benefits for hospital insur-
ance (under part A of title XVIII) de-
scribed in subparagraph (F)(ii) of such in-
dividual under such program, and 
‘‘(II) the ratio of future annual defi-
cits of the Federal Hospital Insurance 
Trust Fund over the eligible individual’s 
lifetime to future annual outlays from such 
Trust Fund over such lifetime. 
‘‘(B) The term ‘projected lifetime earnings’ of 
the eligible individual means the present value of the 
potential total wages paid to, and self-employment 
income derived by, the eligible individual over the eli-
gible individual’s lifetime, as determined without re-
gard to the contribution and benefit base under sec-
tion 230.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to annual statements 
issued after 2012. 
TITLE VI—DEBT IMPACT 
SEC. 601. CBO SPENDING AND REVENUE ESTIMATES. 
Paragraph (1) of section 402 the Congressional 
Budget Act of 1974 is amended by inserting after the 
comma the following: ‘‘and of the effect on interest and 
on the Federal debt,’’. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
TITLE VII—FEDERAL SUNSET 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Federal Sunset Act 
of 2011’’. 
SEC. 702. REVIEW AND ABOLISHMENT OF FEDERAL AGEN-
CIES. 
(a) SCHEDULE FOR REVIEW.—Not later than one 
year after the date of the enactment of this title, the Fed-
eral Agency Sunset Commission established under section 
703 shall submit to Congress a schedule for review by the 
Commission of each agency that lists the date of abolish-
ment for each agency. Such date of abolishment shall 
occur at least once every 12 years (or less, if determined 
appropriate by Congress). 
(b) REVIEW OF AGENCIES PERFORMING RELATED 
FUNCTIONS.—In determining the schedule for review of 
agencies under subsection (a), the Commission shall pro-
vide that agencies that perform similar or related func-
tions be reviewed concurrently to promote efficiency and 
consolidation. 
(c) ABOLISHMENT OF AGENCIES.— 
(1) IN
GENERAL.—Each agency shall be re-
viewed and abolished according to the schedule cre-
ated pursuant to this section and approved under 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
section 709, unless the agency is reauthorized by the 
Congress. 
(2) EXTENSION.—The date of abolishment for 
an agency may be extended for an additional two 
years if the Congress enacts legislation extending 
such date by a vote of a supermajority of the House 
of Representatives and the Senate. 
SEC. 703. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Federal Agency Sunset Com-
mission’’. 
(b) COMPOSITION.—The Commission shall be com-
posed of 12 members (in this title referred to as the 
‘‘members’’) who shall be appointed as follows: 
(1) Six members shall be appointed by the 
Speaker of the House of Representatives, one of 
whom may include the Speaker of the House of Rep-
resentatives, with minority members appointed with 
the consent of the minority leader of the House of 
Representatives. 
(2) Six members shall be appointed by the ma-
jority leader of the Senate, one of whom may include 
the majority leader of the Senate, with minority 
members appointed with the consent of the minority 
leader of the Senate. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(c) QUALIFICATIONS OF MEMBERS.— 
(1) IN GENERAL.— 
(A) APPOINTED BY THE SPEAKER OF THE 
HOUSE OF REPRESENTATIVES.—Of the mem-
bers appointed under subsection (b)(1), four 
shall be members of the House of Representa-
tives (not more than two of whom may be of 
the same political party), and two shall be an 
individual described in subparagraph (C). 
(B) APPOINTED BY THE MAJORITY LEAD-
ER
OF
THE
SENATE.—Of the members ap-
pointed under subsection (b)(2), four shall be 
members of the Senate (not more than two of 
whom may be of the same political party) and 
two shall be an individual described in subpara-
graph (C). 
(C) INDIVIDUAL
DESCRIBED.—An indi-
vidual under this subparagraph is an indi-
vidual— 
(i) who is not a member of Congress; 
and 
(ii) with expertise in the operation 
and administration of Government pro-
grams. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(2) CONTINUATION
OF
MEMBERSHIP.—If a 
member was appointed to the Commission as a 
Member of Congress and the member ceases to be 
a Member of Congress, that member shall cease to 
be a member of the Commission. The validity of any 
action of the Commission shall not be affected as a 
result of a member becoming ineligible to serve as 
a member for the reasons described in this para-
graph. 
(d) INITIAL APPOINTMENTS.—All initial appoint-
ments to the Commission shall be made not later than 90 
days after the date of the enactment of this Act. 
(e) CHAIRMAN; VICE CHAIRMAN.— 
(1) INITIAL CHAIRMAN.—An individual shall be 
designated by the Speaker of the House of Rep-
resentatives from among the members initially ap-
pointed under subsection (b)(1) to serve as chairman 
of the Commission for a period of two years. 
(2) INITIAL
VICE-CHAIRMAN.—An individual 
shall be designated by the majority leader of the 
Senate from among the individuals initially ap-
pointed under subsection (b)(2) to serve as vice- 
chairman of the Commission for a period of two 
years. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(3) ALTERNATE APPOINTMENTS OF CHAIRMEN 
AND VICE-CHAIRMEN.—Following the termination of 
the 2-year period described in paragraphs (1) and 
(2), the Speaker and the majority leader shall alter-
nate every two years in appointing the chairman and 
vice-chairman of the Commission. 
(f) TERMS OF MEMBERS.— 
(1) IN GENERAL.—Each member appointed to 
the Commission shall serve for a term of six years, 
except that, of the members first appointed under 
paragraphs (1) and (2) of subsection (b), two mem-
bers shall be appointed to serve a term of three 
years under each such paragraph. 
(2) TERM LIMIT.— 
(A) MEMBER OF CONGRESS.—A member 
of the Commission who is a member of Con-
gress and who serves more than three years of 
a term may not be appointed to another term 
as a member. 
(B) NOT
A
MEMBER
OF
CONGRESS.—A 
member of the Commission who is not a mem-
ber of Congress and who serves as a member of 
the Commission for more than 56 months may 
not be appointed to another term as a member. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(3) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. A vacancy in the Commission shall be filled 
in the manner in which the original appointment was 
made. 
(g) POWERS OF COMMISSION.— 
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this title, 
hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evi-
dence as the Commission considers appropriate. The 
Commission may administer oaths to witnesses ap-
pearing before it. 
(2) OBTAINING
INFORMATION.—The Commis-
sion may secure directly from any agency informa-
tion necessary to enable it to carry out its duties 
under this title. Upon request of the Chairman, the 
head of that agency shall furnish that information to 
the Commission in a full and timely manner. 
(3) SUBPOENA POWER.— 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(A) AUTHORITY
TO
ISSUE
SUBPOENA.— 
The Commission may issue a subpoena to re-
quire the attendance and testimony of witnesses 
and the production of evidence relating to any 
matter under investigation by the Commission. 
(B) COMPLIANCE WITH SUBPOENA.—If a 
person refuses to obey an order or subpoena of 
the Commission that is issued in connection 
with a Commission proceeding, the Commission 
may apply to the United States district court in 
the judicial district in which the proceeding is 
held for an order requiring the person to com-
ply with the subpoena or order. 
(4) IMMUNITY.—The Commission is an agency 
of the United States for purposes of part V of title 
18, United States Code (relating to immunity of wit-
nesses). 
(5) CONTRACT AUTHORITY.—The Commission 
may contract with and compensate government and 
private agencies or persons for services without re-
gard to section 6101 of title 41, United States Code 
(relating to advertising requirement for Federal Gov-
ernment purchases and sales). 
(h) COMMISSION PROCEDURES.— 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(1) MEETINGS.—The Commission shall meet at 
the call of the Chairman. 
(2) QUORUM.—Seven members of the Commis-
sion shall constitute a quorum but a lesser number 
may hold hearings. 
(3) VOTING.—The schedule for review sub-
mitted pursuant to section 702(a) and the report 
and draft of legislation submitted pursuant to sec-
tion 704 shall have the approval of not less than 7 
of the 12 members of the Commission. 
(i) PERSONNEL MATTERS.— 
(1) COMPENSATION.—Members shall not be 
paid by reason of their service as members. 
(2) TRAVEL
EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(3) DIRECTOR.—The Commission shall have a 
Director who shall be appointed by the Chairman. 
The Director shall be paid at a rate not to exceed 
the maximum rate of basic pay for GS–15 of the 
General Schedule. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(4) STAFF.—The Director may appoint and fix 
the pay of additional personnel as the Director con-
siders appropriate. 
(5) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Commission 
shall be appointed subject to the provisions of title 
5, United States Code, governing appointments in 
the competitive service, and shall be paid in accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates. 
(j) OTHER ADMINISTRATIVE MATTERS.— 
(1) POSTAL
AND
PRINTING
SERVICES.—The 
Commission may use the United States mails and 
obtain printing and binding services in the same 
manner and under the same conditions as other 
agencies. 
(2) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative 
support services necessary for the Commission to 
carry out its duties under this title. 
(3) EXPERTS AND CONSULTANTS.—The Com-
mission may procure temporary and intermittent 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
services under section 3109(b) of title 5, United 
States Code. 
(k) SUNSET OF COMMISSION.—The Commission shall 
terminate on December 31, 2036, unless reauthorized by 
Congress. 
SEC. 704. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 
AGENCIES. 
(a) IN GENERAL.—The Commission shall review the 
efficiency and public need for each agency in accordance 
with the criteria described in section 705. 
(b) RECOMMENDATIONS; REPORT TO CONGRESS.— 
The Commission shall submit to Congress and the Presi-
dent not later than September 1 of each year a report 
containing— 
(1) an analysis of the efficiency of operation 
and public need for each agency to be reviewed in 
the year in which the report is submitted pursuant 
to the schedule submitted to Congress under section 
702; 
(2) recommendations on whether each such 
agency should be abolished or reorganized; 
(3) recommendations on whether the functions 
of any other agencies should be consolidated, trans-
ferred, or reorganized in an agency to be reviewed 
in the year in which the report is submitted pursu-
VerDate 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
ant to the schedule submitted to Congress under 
section 702; and 
(4) recommendations for administrative and 
legislative action with respect to each such agency, 
but not including recommendations for appropriation 
levels. 
(c) DRAFT LEGISLATION.—The Commission shall 
submit to Congress and the President not later than Sep-
tember 1 of each year a draft of legislation to carry out 
the recommendations of the Commission under subsection 
(b). 
(d) INFORMATION GATHERING.—The Commission 
shall— 
(1) conduct public hearings on the abolishment 
of each agency reviewed under subsection (b); 
(2) provide an opportunity for public comment 
on the abolishment of each such agency; 
(3) require the agency to provide information to 
the Commission as appropriate; and 
(4) consult with the General Accountability Of-
fice, the Office of Management and Budget, the 
Comptroller General, and the chairman and ranking 
minority members of the committees of Congress 
with oversight responsibility for the agency being re-
viewed regarding the operation of the agency. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(e) USE OF PROGRAM INVENTORY.—The Commis-
sion shall use the program inventory prepared under sec-
tion 709 in reviewing the efficiency and public need for 
each agency under subsection (a). 
SEC. 705. CRITERIA FOR REVIEW. 
The Commission shall evaluate the efficiency and 
public need for each agency pursuant to section 704 using 
the following criteria: 
(1) The effectiveness, and the efficiency of the 
operation of, the programs carried out by each such 
agency. 
(2) Whether the programs carried out by the 
agency are cost-effective. 
(3) Whether the agency has acted outside the 
scope of its original authority, and whether the origi-
nal objectives of the agency have been achieved. 
(4) Whether less restrictive or alternative meth-
ods exist to carry out the functions of the agency. 
(5) The extent to which the jurisdiction of, and 
the programs administered by, the agency duplicate 
or conflict with the jurisdiction and programs of 
other agencies. 
(6) The potential benefits of consolidating pro-
grams administered by the agency with similar or 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
duplicative programs of other agencies, and the po-
tential for consolidating such programs. 
(7) The number and types of beneficiaries or 
persons served by programs carried out by the agen-
cy. 
(8) The extent to which any trends, develop-
ments, and emerging conditions that are likely to af-
fect the future nature and extent of the problems or 
needs that the programs carried out by the agency 
are intended to address. 
(9) The extent to which the agency has com-
plied with the applicable provisions contained in the 
sections 1115, 1116, 1117, 1120, 1121, 1122, 1123, 
1124, 1125, and the first 9703 of title 31, United 
States Code, section 306 of title 5, United States 
Code, and chapter 28 of title 39, United States 
Code. 
(10) The promptness and effectiveness with 
which the agency seeks public input and input from 
State and local governments on the efficiency and ef-
fectiveness of the performance of the functions of 
the agency. 
(11) Whether the agency has worked to enact 
changes in the law that are intended to benefit the 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
public as a whole rather than the specific business, 
institution, or individuals that the agency regulates. 
(12) The extent to which the agency has en-
couraged participation by the public as a whole in 
making its rules and decisions rather than encour-
aging participation solely by those it regulates. 
(13) The extent to which the public participa-
tion in rulemaking and decisionmaking of the agency 
has resulted in rules and decisions compatible with 
the objectives of the agency. 
(14) The extent to which the agency complies 
with equal employment opportunity requirements re-
garding equal employment opportunity. 
(15) The extent of the regulatory, privacy, and 
paperwork impacts of the programs carried out by 
the agency. 
(16) The extent to which the agency has coordi-
nated with State and local governments in per-
forming the functions of the agency. 
(17) The potential effects of abolishing the 
agency on State and local governments. 
(18) The extent to which changes are necessary 
in the authorizing statutes of the agency in order 
that the functions of the agency can be performed 
in the most efficient and effective manner. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
SEC. 706. OVERSIGHT BY COMMISSION. 
(a) MONITORING
OF IMPLEMENTATION
OF REC-
OMMENDATIONS.—The Commission shall monitor imple-
mentation of laws enacting provisions that incorporate rec-
ommendations of the Commission with respect to abolish-
ment or reorganization of agencies. 
(b) MONITORING OF OTHER RELEVANT LEGISLA-
TION.— 
(1) IN GENERAL.—The Commission shall review 
and report to Congress on all legislation introduced 
in either house of Congress that would establish— 
(A) a new agency; or 
(B) a new program to be carried out by an 
existing agency. 
(2) REPORT TO CONGRESS.—The Commission 
shall include in each report submitted to Congress 
under paragraph (1) an analysis of whether— 
(A) the functions of the proposed agency 
or program could be carried out by one or more 
existing agencies; 
(B) the functions of the proposed agency 
or program could be carried out in a less re-
strictive manner than the manner proposed in 
the legislation; and 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(C) the legislation provides for public input 
regarding the performance of functions by the 
proposed agency or program. 
SEC. 707. DISPOSITION OF AGENCY AFFAIRS. 
The President, in consultation with the head of an 
agency determined to be abolished pursuant to section 
702(c), may take such action as may be necessary to wind 
down the operation of such agency during the two-year 
period following the date of abolishment for each such 
agency. 
SEC. 708. PROGRAM INVENTORY. 
(a) PREPARATION.—The Comptroller General and 
the Director of the Congressional Budget Office, in co-
operation with the Director of the Congressional Research 
Service, shall prepare an inventory of Federal programs 
(in this title referred to as the ‘‘program inventory’’) with-
in each agency. 
(b) PURPOSE.—The purpose of the program inven-
tory is to advise and assist the Congress and the Commis-
sion in carrying out the requirements of this title. Such 
inventory shall not in any way bind the committees of the 
Senate or the House of Representatives with respect to 
their responsibilities under this title and shall not infringe 
on the legislative and oversight responsibilities of such 
committees. The Comptroller General shall compile and 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
maintain the inventory and the Director of the Congres-
sional Budget Office shall provide budgetary information 
for inclusion in the inventory. 
(c) INVENTORY CONTENT.—The program inventory 
shall set forth for each program each of the following mat-
ters: 
(1) The specific provision or provisions of law 
authorizing the program. 
(2) The committees of the Senate and the 
House of Representatives which have legislative or 
oversight jurisdiction over the program. 
(3) A brief statement of the purpose or pur-
poses to be achieved by the program. 
(4) The committees which have jurisdiction over 
legislation providing new budget authority for the 
program, including the appropriate subcommittees of 
the Committees on Appropriations of the Senate and 
the House of Representatives. 
(5) The agency and, if applicable, the subdivi-
sion thereof responsible for administering the pro-
gram. 
(6) The grants-in-aid, if any, provided by such 
program to State and local governments. 
(7) The next reauthorization date for the pro-
gram. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(8) A unique identification number which links 
the program and functional category structure. 
(9) The year in which the program was origi-
nally established and, where applicable, the year in 
which the program expires. 
(10) Where applicable, the year in which new 
budget authority for the program was last author-
ized and the year in which current authorizations of 
new budget authority expire. 
(11) Any other information the Commission de-
termines to be necessary. 
(d) BUDGET AUTHORITY.—The report also shall set 
forth for each program whether the new budget authority 
provided for such program is— 
(1) authorized for a definite period of time; 
(2) authorized in a specific dollar amount but 
without limit of time; 
(3) authorized without limit of time or dollar 
amounts; 
(4) not specifically authorized; or 
(5) permanently provided, 
as determined by the Director of the Congressional Budg-
et Office. 
(e) CBO INFORMATION.—For each program or group 
of programs, the program inventory also shall include in-
VerDate 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
formation prepared by the Director of the Congressional 
Budget Office indicating each of the following matters: 
(1) The amounts of new budget authority au-
thorized and provided for the program for each of 
the preceding four fiscal years and, where applicable, 
the four succeeding fiscal years. 
(2) The functional and subfunctional category 
in which the program is presently classified and was 
classified under the fiscal year 2012 budget. 
(3) The identification code and title of the ap-
propriation account in which budget authority is 
provided for the program. 
(f) MUTUAL EXCHANGE
OF INFORMATION.—The 
General Accountability Office, the Congressional Research 
Service, and the Congressional Budget Office shall permit 
the mutual exchange of available information in their pos-
session which would aid in the compilation of the program 
inventory. 
(g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of-
fice of Management and Budget and the agencies (and the 
subdivisions thereof) shall, to the extent necessary and 
possible, provide the General Accountability Office with 
assistance requested by the Comptroller General in the 
compilation of the program inventory. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
SEC. 709. EXPEDITED CONSIDERATION OF SCHEDULE FOR 
REVIEW. 
(a) INTRODUCTION
AND COMMITTEE CONSIDER-
ATION.— 
(1) INTRODUCTION.—The Commission schedule 
for review bill shall be introduced in the Senate by 
the majority leader, or the majority leader’s des-
ignee, and in the House of Representatives, by the 
Speaker, or the Speaker’s designee. Upon such in-
troduction, the Commission schedule for review bill 
shall be referred to the appropriate committees of 
Congress under paragraph (2). If the Commission 
schedule for review bill is not introduced in accord-
ance with the preceding sentence, then any member 
of Congress may introduce such bill in their respec-
tive House of Congress beginning on the date that 
is the 5th calendar day that such House is in session 
following the date of the submission of such aggre-
gate legislative language provisions. 
(2) COMMITTEE CONSIDERATION.— 
(A) REFERRAL.—A Commission schedule 
for review bill introduced under paragraph (1) 
shall be referred to any appropriate committee 
of jurisdiction in the Senate and the House of 
Representatives. A committee to which a Com-
mission schedule for review bill is referred 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
under this paragraph may review and comment 
on such bill, may report such bill to the respec-
tive House, and may not amend such bill. 
(B) REPORTING.—Not later than 30 cal-
endar days after the introduction of the Com-
mission schedule for review bill, each Com-
mittee of Congress to which the Commission 
schedule for review bill was referred shall report 
the bill. 
(C) DISCHARGE
OF
COMMITTEE.—If a 
committee to which is referred a Commission 
schedule for review bill has not reported such 
bill at the end of 30 calendar days after its in-
troduction or at the end of the first day after 
there has been reported to the House involved 
a Commission schedule for review bill, which-
ever is earlier, such committee shall be deemed 
to be discharged from further consideration of 
such bill, and such bill shall be placed on the 
appropriate calendar of the House involved. 
(b) EXPEDITED PROCEDURE.— 
(1) CONSIDERATION.— 
(A) IN GENERAL.—Not later than 5 cal-
endar days after the date on which a committee 
has reported a Commission schedule for review 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
bill or been discharged from consideration of a 
Commission schedule for review bill, the major-
ity leader of the Senate, or the majority leader’s 
designee, or the Speaker of the House of Rep-
resentatives, or the Speaker’s designee, shall 
move to proceed to the consideration of the 
Commission schedule for review bill. It shall 
also be in order for any member of the Senate 
or the House of Representatives, respectively, to 
move to proceed to the consideration of the 
Commission schedule for review bill at any time 
after the conclusion of such 5-day period. 
(B) MOTION TO PROCEED.—A motion to 
proceed to the consideration of a Commission 
schedule for review bill is highly privileged in 
the House of Representatives and is privileged 
in the Senate and is not debatable. The motion 
is not subject to amendment or to a motion to 
postpone consideration of the Commission 
schedule for review bill. If the motion to pro-
ceed is agreed to, the Senate or the House of 
Representatives, as the case may be, shall im-
mediately proceed to consideration of the Com-
mission schedule for review bill without inter-
vening motion, order, or other business, and the 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
Commission schedule for review bill shall re-
main the unfinished business of the Senate or 
the House of Representatives, as the case may 
be, until disposed of. 
(C) LIMITED
DEBATE.—Debate on the 
Commission schedule for review bill and on all 
debatable motions and appeals in connection 
therewith shall be limited to not more than 10 
hours, which shall be divided equally between 
those favoring and those opposing the Commis-
sion schedule for review bill. A motion further 
to limit debate on the Commission schedule for 
review bill is in order and is not debatable. All 
time used for consideration of the Commission 
schedule for review bill, including time used for 
quorum calls (except quorum calls immediately 
preceding a vote) and voting, shall come from 
the 10 hours of debate. 
(D) AMENDMENTS.—No amendment to the 
Commission schedule for review bill shall be in 
order in the Senate and the House of Rep-
resentatives. 
(E) VOTE
ON
FINAL
PASSAGE.—Imme-
diately following the conclusion of the debate on 
the Commission schedule for review bill, the 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
vote on final passage of the Commission sched-
ule for review bill shall occur. 
(F) OTHER MOTIONS NOT IN ORDER.—A 
motion to postpone consideration of the Com-
mission schedule for review bill, a motion to 
proceed to the consideration of other business, 
or a motion to recommit the Commission sched-
ule for review bill is not in order. A motion to 
reconsider the vote by which the Commission 
schedule for review bill is agreed to or not 
agreed to is not in order. 
(2) CONSIDERATION BY OTHER HOUSE.—If, be-
fore the passage by one House of the Commission 
schedule for review bill that was introduced in such 
House, such House receives from the other House a 
Commission schedule for review bill as passed by 
such other House— 
(A) the Commission schedule for review 
bill of the other House shall not be referred to 
a committee and may only be considered for 
final passage in the House that receives it 
under subparagraph (C); 
(B) the procedure in the House in receipt 
of the Commission schedule for review bill of 
the other House, shall be the same as if no 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
Commission schedule for review bill had been 
received from the other House; and 
(C) notwithstanding subparagraph (B), the 
vote on final passage shall be on the Commis-
sion schedule for review bill of the other House. 
(3) DISPOSITION.—Upon disposition of a Com-
mission schedule for review bill that is received by 
one House from the other House, it shall no longer 
be in order to consider the Commission schedule for 
review bill that was introduced in the receiving 
House. 
(c) RULES OF THE SENATE AND THE HOUSE OF 
REPRESENTATIVES.—This section is enacted— 
(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, and is deemed to be part of the rules of 
each House, respectively, but applicable only with re-
spect to the procedure to be followed in that House 
in the case of a Commission schedule for review bill, 
and it supersedes other rules only to the extent that 
it is inconsistent with such rules; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
they relate to the procedure of that House) at any 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
time, in the same manner, and to the same extent 
as in the case of any other rule of that House. 
SEC. 710. DEFINITIONS. 
In this title: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term Executive agency in section 
105 of title 5, United States Code, except that such 
term includes an advisory committee as that term is 
defined in section 3 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(2) CALENDAR DAY.—The term ‘‘calendar day’’ 
means a calendar day other than one on which ei-
ther House is not in session because of an adjourn-
ment of more than 3 days to a date certain. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Agency Sunset Commission es-
tablished under section 703. 
(4) 
COMMISSION
SCHEDULE
FOR
REVIEW 
BILL.—The term ‘‘Commission schedule for review 
bill’’ means only a bill that is introduced as provided 
under section 709, and contains the schedule for re-
view submitted pursuant to section 702(a), without 
modification. 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS
(5) 
SUPERMAJORITY.—The 
term 
‘‘super-
majority’’ means an affirmative vote of two-thirds of 
the Members, duly chosen and sworn. 
SEC. 711. OFFSET OF AMOUNTS APPROPRIATED. 
Amounts appropriated to carry out this title shall be 
offset by a reduction in amounts appropriated to carry out 
programs of other agencies. 
TITLE VIII—SEVERABILITY 
SEC. 801. SEVERABILITY. 
In the event that any provision of this Act shall, for 
any reason, be held to be invalid or unenforceable in any 
respect, such invalidity or unenforceability shall not affect 
any other provision of this Act, and this Act shall be con-
strued as if the invalid or unenforceable provision had 
never been included in this Act. 
Æ 
VerDate Mar 15 2010 
23:25 Jun 30, 2011
Jkt 099200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6301
E:\BILLS\H2319.IH
H2319
ebenthall on DSK29S0YB1PROD with BILLS