H. R. 2015—458
‘‘Small Business Administration, Pollution control
equipment contract guarantee revolving fund (73–4147–
0–3–376);’’.
‘‘Small Business Administration, Surety bond guaran-
tees revolving fund (73–4156–0–3–376);’’.
‘‘Department of Veterans Affairs Loan guaranty revolv-
ing fund (36–4025–0–3–704);’’.
(d) LOW-INCOME PROGRAMS.—Section 255(h) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended
as follows:
(1) Amend the item relating to Child nutrition to read
as follows:
‘‘Child nutrition programs (with the exception of special
milk programs) (12–3539–0–1–605);’’.
(2) After the second item insert the following new items:
‘‘Temporary assistance for needy families (75–1552–0–1–
609);
‘‘Contingency fund (75–1522–0–1–609);’’
‘‘Child care entitlement to States (75–1550–0–1–609);
(3) Amend the item relating to Women, infants, and chil-
dren program to read as follows:
‘‘Special supplemental nutrition program for women,
infants, and children (WIC) (12–3510–0–1–605);’’.
(4) After the last item add the following new item:
‘‘Family support payments to States (75–1501–0–1–609);’’.
(e) IDENTIFICATION OF PROGRAMS.—Section 255(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 is amend-
ed to read as follows:
‘‘(i) IDENTIFICATION OF PROGRAMS.—For purposes of subsections
(b), (g), and (h), each account is identified by the designated budget
account identification code number set forth in the Budget of the
United States Government 1998–Appendix, and an activity within
an account is designated by the name of the activity and the
identification code number of the account.’’.
(f) OPTIONAL EXEMPTION
OF MILITARY PERSONNEL.—Section
255(h) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (relating to optional exemption of military personnel) is
repealed.
SEC. 10208. GENERAL AND SPECIAL SEQUESTRATION RULES.
(a) HEADINGS.—
(1) SECTION.—The section heading of section 256 of the
Balanced Budget and Emergency Deficit Control Act of 1985
is amended by striking ‘‘EXCEPTIONS, LIMITATIONS, AND SPECIAL
RULES’’ and inserting ‘‘GENERAL AND SPECIAL SEQUESTRATION
RULES’’.
(2) TABLE OF CONTENTS.—The item relating to section 256
in the table 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. GENERAL AND SPECIAL SEQUESTRATION RULES.’’.
(b) AUTOMATIC SPENDING INCREASES.—Section 256(a) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by striking paragraph (1) and redesignating paragraphs
(2) and (3) as paragraphs (1) and (2), respectively.
H. R. 2015—459
(c) GUARANTEED AND DIRECT STUDENT LOAN PROGRAMS.—Sec-
tion 256(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
‘‘(b) STUDENT LOANS.—For all student loans under part B or
D of title IV of the Higher Education Act of 1965 made during
the period when a sequestration order under section 254 is in
effect as required by section 252 or 253, origination fees under
sections 438(c)(2) and 455(c) of that Act shall each be increased
by 0.50 percentage point.’’.
(d) HEALTH CENTERS.—Section 256(e)(1) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by striking
the dash and all that follows thereafter and inserting ‘‘2 percent.’’.
(e) TREATMENT OF FEDERAL ADMINISTRATIVE EXPENSES.—Sec-
tion 256(h) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended—
(1) in paragraph (2), by striking ‘‘joint resolution’’ and
inserting ‘‘part’’; and
(2) in paragraph (4), by striking subparagraphs (D) and
(H), by redesignating subparagraphs (E), (F), (G), and (I), as
subparagraphs (D), (E), (F), and (G), respectively, and by adding
at the end the following new subparagraph:
‘‘(H) Farm Credit Administration.’’.
(f) COMMODITY CREDIT CORPORATION.—Section 256(j) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by striking paragraphs (2) through (5) and inserting the
following:
‘‘(2) REDUCTION IN PAYMENTS MADE UNDER CONTRACTS.—
(A) Loan eligibility under any contract entered into with a
person by the Commodity Credit Corporation prior to the time
an order has been issued under section 254 shall not be reduced
by an order subsequently issued. Subject to subparagraph (B),
after an order is issued under such section for a fiscal year,
any cash payments for loans or loan deficiencies made by
the Commodity Credit Corporation shall be subject to reduction
under the order.
‘‘(B) Each loan contract entered into with producers or
producer cooperatives with respect to a particular crop of a
commodity and subject to reduction under subparagraph (A)
shall be reduced in accordance with the same terms and condi-
tions. If some, but not all, contracts applicable to a crop of
a commodity have been entered into prior to the issuance
of an order under section 254, the order shall provide that
the necessary reduction in payments under contracts applicable
to the commodity be uniformly applied to all contracts for
the next succeeding crop of the commodity, under the authority
provided in paragraph (3).
‘‘(3) DELAYED REDUCTION IN OUTLAYS PERMISSIBLE.—Not-
withstanding any other provision of this title, if an order under
section 254 is issued with respect to a fiscal year, any reduction
under the order applicable to contracts described in paragraph
(1) may provide for reductions in outlays for the account
involved to occur in the fiscal year following the fiscal year
to which the order applies.
‘‘(4) UNIFORM PERCENTAGE RATE OF REDUCTION AND OTHER
LIMITATIONS.—All reductions described in paragraph (2) which
are required to be made in connection with an order issued
under section 254 with respect to a fiscal year shall be made
H. R. 2015—460
so as to ensure that outlays for each program, project, activity,
or account involved are reduced by a percentage rate that
is uniform for all such programs, projects, activities, and
accounts, and may not be made so as to achieve a percentage
rate of reduction in any such item exceeding the rate specified
in the order.
‘‘(5) DAIRY PROGRAM.—Notwithstanding any other provision
of this subsection, as the sole means of achieving any reduction
in outlays under the milk price support program, the Secretary
of Agriculture shall provide for a reduction to be made in
the price received by producers for all milk produced in the
United States and marketed by producers for commercial use.
That price reduction (measured in cents per hundred weight
of milk marketed) shall occur under section 201(d)(2)(A) of
the Agricultural Act of 1949 (7 U.S.C. 1446(d)(2)(A)), shall
begin on the day any sequestration order is issued under section
254, and shall not exceed the aggregate amount of the reduction
in outlays under the milk price support program that otherwise
would have been achieved by reducing payments for the pur-
chase of milk or the products of milk under this subsection
during the applicable fiscal year.’’.
(g) EFFECTS OF SEQUESTRATION.—Section 256(k) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 is amend-
ed as follows:
(1) In paragraph (1), strike ‘‘other than a trust or special
fund account’’ and insert ‘‘, except as provided in paragraph
(5)’’ before the period.
(2) Amend paragraph (6) to read as follows:
‘‘(6) Budgetary resources sequestered in revolving, trust,
and special fund accounts and offsetting collections sequestered
in appropriation accounts shall not be available for obligation
during the fiscal year in which the sequestration occurs, but
shall be available in subsequent years to the extent otherwise
provided in law.’’.
SEC. 10209. THE BASELINE.
(a) IN GENERAL.—Section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended—
(1) in subsection (b)(2) by amending subparagraph (A) to
read as follows:
‘‘(A)(i) No program established by a law enacted on or
before the date of enactment of the Balanced Budget Act of
1997 with estimated current year outlays greater than
$50,000,000 shall be assumed to expire in the budget year
or the outyears. The scoring of new programs with estimated
outlays greater than $50,000,000 a year shall be based on
scoring by the Committees on Budget or OMB, as applicable.
OMB, CBO, and the Budget Committees shall consult on the
scoring of such programs where there are differenes between
CBO and OMB.
‘‘(ii) On the expiration of the suspension of a provision
of law that is suspended under section 171 of Public Law
104–127 and that authorizes a program with estimated fiscal
year outlays that are greater than $50,000,000, for purposes
of clause (i), the program shall be assumed to continue to
operate in the same manner as the program operated imme-
diately before the expiration of the suspension.’’;
H. R. 2015—461
(2) by adding the end of subsection (b)(2) the following
new subparagraph:
‘‘(D) If any law expires before the budget year or any
outyear, then any program with estimated current year outlays
greater than $50,000,000 that operates under that law shall
be assumed to continue to operate under that law as in effect
immediately before its expiration.’’;
(3) in the second sentence of subsection (c)(5), by striking
‘‘national product fixed-weight price index’’ and inserting
‘‘domestic product chain-type price index’’; and
(4) by striking subsection (e) and inserting the following:
‘‘(e) ASSET SALES.—Amounts realized from the sale of an asset
shall not be included in estimates under section 251, 252, or 253
if that sale would result in a financial cost to the Federal Govern-
ment as determined pursuant to scorekeeping guidelines.’’.
(b) PRESIDENT’S BUDGET.—Section 1105(a) of title 31, United
States Code, is amended by adding at the end the following:
‘‘(32) a statement of the levels of budget authority and
outlays for each program assumed to be extended in the base-
line as provided in section 257(b)(2)(A) and for excise taxes
assumed to be extended under section 257(b)(2)(C) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.’’.
(c) BUDGETARY TREATMENT OF CERTAIN TRUST FUND OPER-
ATIONS.—Section 710 of the Social Security Act (42 U.S.C. 911)
is amended to read as follows:
‘‘BUDGETARY TREATMENT OF TRUST FUND OPERATIONS
‘‘SEC. 710. (a) The receipts and disbursements of the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund and the taxes imposed under sec-
tions 1401 and 3101 of the Internal Revenue Code of 1986 shall
not be included in the totals of the budget of the United States
Government as submitted by the President or of the congressional
budget and shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget outlays)
of the United States Government.
‘‘(b) No provision of law enacted after the date of enactment
of the Balanced Budget and Emergency Deficit Control Act of 1985
(other than a provision of an appropriation Act that appropriated
funds authorized under the Social Security Act as in effect on
the date of the enactment of the Balanced Budget and Emergency
Deficit control Act of 1985) may provide for payments from the
general fund of the Treasury to any Trust Fund specified in sub-
section (a) or for payments from any such Trust Fund to the
general fund of the Treasury.’’.
SEC. 10210. TECHNICAL CORRECTION.
Section 258 of the Balanced Budget and Emergency Deficit
Control Act of 1985, entitled ‘‘Modification of Presidential Order’’,
is repealed.
SEC. 10211. JUDICIAL REVIEW.
Section 274 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended as follows:
(1) Strike ‘‘252’’ or ‘‘252(b)’’ each place it occurs and insert
‘‘254’’.
H. R. 2015—462
(2) In subsection (d)(1)(A), strike ‘‘257(l) to the extent that’’
and insert ‘‘256(a) if’’ and at the end insert ‘‘or’’.
(3) In subsection (d)(1)(B), strike ‘‘new budget’’ and all
that follows through ‘‘spending authority’’ and insert ‘‘budgetary
resources’’ and strike ‘‘or’’ after the comma.
(4) Strike subsection (d)(1)(C).
(5) Strike subsection (f) and redesignate subsections (g)
and (h) as subsections (f) and (g), respectively.
(6) In subsection (g) (as redesignated), strike ‘‘base levels
of total revenues and total budget outlays, as’’ and insert ‘‘fig-
ures’’, and strike ‘‘251(a)(2)(B) or (c)(2),’’ and insert ‘‘254’’.
SEC. 10212. EFFECTIVE DATE.
(a) EXPIRATION.—Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended—
(1) by striking ‘‘Part C of this title, section’’ and inserting
‘‘Sections 251, 253, 258B, and’’;
(2) by striking ‘‘1995’’ and inserting ‘‘2002’’; and
(3) by adding at the end the following new sentence: ‘‘The
remaining sections of part C of this title shall expire September
30, 2006.’’.
(b) EXPIRATION.—Section 14002(c)(3) of the Omnibus Budget
Reconciliation Act of 1993 (2 U.S.C. 900 note) is repealed.
SEC. 10213. REDUCTION OF PREEXISTING BALANCES AND EXCLUSION
OF EFFECTS OF THIS ACT FROM PAYGO SCORECARD.
Upon the enactment of this Act, the Director of the Office
of Management and Budget shall—
(1) reduce any balances of direct spending and receipts
legislation for any fiscal year under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 to zero;
and
(2) not make any estimates of changes in direct spending
outlays and receipts under subsection (d) of that section for
any fiscal year resulting from the enactment of this Act or
of the Taxpayer Relief Act of 1997.
TITLE XI—DISTRICT OF COLUMBIA
REVITALIZATION
SECTION 11000. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the ‘‘National
Capital Revitalization and Self-Government Improvement Act of
1997’’.
(b) TABLE OF CONTENTS.—The table of contents of this title
is as follows:
Sec. 11000. Short title; table of contents.
Subtitle A—District of Columbia Retirement Funds
CHAPTER 1—SHORT TITLE; FINDINGS; DEFINITIONS
Sec. 11001. Short title.
Sec. 11002. Findings and declaration of policy.
Sec. 11003. Definitions.
CHAPTER 2—FEDERAL BENEFIT PAYMENTS UNDER DISTRICT RETIREMENT PROGRAMS
Sec. 11011. Obligation of Federal government to make benefit payments.
Sec. 11012. Federal benefit payments described.
H. R. 2015—463
Sec. 11013. Establishment of single annual cost-of-living adjustment under District
Retirement Program.
CHAPTER 3—DETERMINATIONS AND REVIEW OF ELIGIBILITY AND PAYMENTS;
INFORMATION SHARING
Sec. 11021. Determination of eligibility for and amount of Federal benefit payments
made by Trustee.
Sec. 11022. Procedures for resolving claims arising from denied benefit payments.
Sec. 11023. Transfer of and access to records of District Government.
Sec. 11024. Federal information sharing for verification of benefit determinations.
CHAPTER 4—DISTRICT OF COLUMBIA FEDERAL PENSION LIABILITY TRUST FUND
Sec. 11031. Creation of Trust Fund.
Sec. 11032. Uses of amounts in Trust Fund.
Sec. 11033. Transfer of assets and obligations of District Retirement Funds.
Sec. 11034. Treatment of Trust Fund under certain laws.
Sec. 11035. Administration through Trustee.
CHAPTER 5—RESPONSIBILITIES OF DISTRICT GOVERNMENT
Sec. 11041. Interim administration.
Sec. 11042. Replacement plan.
CHAPTER 6—FINANCING OF BENEFIT PAYMENTS AFTER DEPLETION OF TRUST FUND
Sec. 11051. Creation of Federal Supplemental Fund.
Sec. 11052. Uses of amounts in Fund.
Sec. 11053. Determination of annual payment into Federal Supplemental Fund.
Sec. 11054. Determination of methodology for making payments.
Sec. 11055. Special requirements upon discontinuation of Trust Fund.
CHAPTER 7—REPORTS
Sec. 11061. Annual valuations and reports by enrolled actuary.
Sec. 11062. Reports by Comptroller General.
CHAPTER 8—JUDICIAL ENFORCEMENT
Sec. 11071. Judicial review.
Sec. 11072. Jurisdiction and venue.
Sec. 11073. Statute of limitations.
Sec. 11074. Treatment of misappropriation of fund amounts as Federal crime.
CHAPTER 9—MISCELLANEOUS
Sec. 11081. Coordination between Secretary, Trustee, and District Government.
Sec. 11082. Study of alternatives for financing Federal obligations.
Sec. 11083. Issuance of regulations by Secretary.
Sec. 11084. Effect on Reform Act and other laws.
Sec. 11085. Reference to new Federal program for retirement of judges of District
of Columbia courts.
Sec. 11086. Full faith and credit.
Sec. 11087. Severability of provisions.
Subtitle B—Management Reform Plans
Sec. 11101. Short title.
Sec. 11102. Management reform plans for District Government.
Sec. 11103. Procedures for development of plans.
Sec. 11104. Implementation of plans.
Sec. 11105. Reform of powers and duties of department heads.
Sec. 11106. No effect on powers of Financial Responsibility and Management As-
sistance Authority.
Subtitle C—Criminal Justice
CHAPTER 1—CORRECTIONS
Sec. 11201. Bureau of Prisons.
Sec. 11202. Corrections Trustee.
Sec. 11203. Priority consideration for employees of the District of Columbia.
Sec. 11204. Amendments related to persons with a mental disease or defect.
Sec. 11205. Liability for and litigation authority of Corrections Trustee.
Sec. 11206. Permitting expenditure of funds to carry out certain sewer agreement.
CHAPTER 2—SENTENCING
Sec. 11211. Truth-in-Sentencing Commission.