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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizen Petition Fairness and 
Accuracy Act of 2006''.

SEC. 2. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION.

    Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)(5)) is amended by adding at the end the following:
    ``(G)(i) Notwithstanding any other provision of law, any petition 
submitted under section 10.30 or section 10.35 of title 21, Code of 
Federal Regulations (or any successor regulation), shall include a 
statement that to the petitioner's best knowledge and belief, the 
petition--
            ``(I) includes all information and views on which the 
        petitioner relies, including all representative data and 
        information known to the petitioner that is favorable or 
        unfavorable to the petition;
            ``(II) is well grounded in fact and is warranted by law;
            ``(III) is not submitted for an improper purpose, such as 
        to harass or cause unnecessary delay (including unnecessary 
        delay of competition or agency action); and
            ``(IV) does not contain a materially false, misleading, or 
        fraudulent statement.
    ``(ii) The Secretary shall investigate, on receipt of a complaint, 
a request under clause (vi), or on its own initiative, any petition 
submitted under such section 10.30 or section 10.35 (or any successor 
regulation), that--
            ``(I) does not comply with the requirements of clause (i);
            ``(II) may have been submitted for an improper purpose as 
        described in clause (i)(III); or
            ``(III) may contain a materially false, misleading, or 
        fraudulent statement as described in clause (i)(IV).
    ``(iii) If the Secretary finds that the petitioner has knowingly 
and willingly submitted the petition for an improper purpose as 
described in clause (i)(III), or which contains a materially false, 
misleading, or fraudulent statement as described in clause (i)(IV), the 
Secretary may--
            ``(I) impose a civil penalty of not more than $1,000,000, 
        plus attorneys fees and costs of reviewing the petition and any 
        related proceedings;
            ``(II) suspend the authority of the petitioner to submit a 
        petition under such section 10.30 or section 10.35 (or any 
        successor regulation), for a period of not more than 10 years;
            ``(III) revoke permanently the authority of the petitioner 
        to submit a petition under such section 10.30 or section 10.35 
        (or any successor regulation); or
            ``(IV) dismiss the petition at issue in its entirety.
    ``(iv) If the Secretary takes an enforcement action described in 
subclause (I), (II), (III), or (IV) of clause (iii) with respect to a 
petition, the Secretary shall refer that petition to the Federal Trade 
Commission for further action as the Federal Trade Commission finds 
appropriate.
    ``(v) In determining whether to take an enforcement action 
described in subclause (I), (II), (III), or (IV) of clause (iii) with 
respect to a petition, and in determining the amount of any civil 
penalty or the length of any suspension imposed under that clause, the 
Secretary shall consider the specific circumstances of the situation, 
such as the gravity and seriousness of the violation involved, the 
amount of resources expended in reviewing the petition at issue, the 
effect on marketing of competing drugs of the pendency of the 
improperly submitted petition, including whether the timing of the 
submission of the petition appears to have been calculated to cause 
delay in the marketing of any drug awaiting approval, and whether the 
petitioner has a history of submitting petitions in violation of this 
subparagraph.
    ``(vi)(I) Any person aggrieved by a petition filed under such 
section 10.30 or section 10.35 (or any successor regulation), including 
a person filing an application under subsection (b)(2) or (j) of this 
section to which such petition relates, may request that the Secretary 
initiate an investigation described under clause (ii) for an 
enforcement action described under clause (iii).
    ``(II) The aggrieved person shall specify the basis for its belief 
that the petition at issue is false, misleading, fraudulent, or 
submitted for an improper purpose. The aggrieved person shall certify 
that the request is submitted in good faith, is well grounded in fact, 
and not submitted for any improper purpose. Any aggrieved person who 
knowingly and intentionally violates the preceding sentence shall be 
subject to the civil penalty described under clause (iii)(I).
    ``(vii) The Secretary shall take final agency action with respect 
to a petition filed under such section 10.30 or section 10.35 (or any 
successor regulation) within 6 months of receipt of such petition. The 
Secretary shall not extend such 6-month review period, even with 
consent of the petitioner, for any reason, including based upon the 
submission of comments relating to a petition or supplemental 
information supplied by the petitioner. If the Secretary has not taken 
final agency action on a petition by the date that is 6 months after 
the date of receipt of the petition, such petition shall be deemed to 
have been denied on such date.
    ``(viii) The Secretary may promulgate regulations to carry out this 
subparagraph, including to determine whether petitions filed under such 
section 10.30 or section 10.35 (or any successor regulation) merit 
enforcement action by the Secretary under this subparagraph.''.

A: Citizen Petition Fairness and Accuracy Act of 2006 - Amends the Federal Food, Drug, and Cosmetic Act to require that any citizen petition or request for stay of action related to an abbreviated new drug application include a statement that the petition: (1) includes all information and views on which the petitioner relies; (2) is well grounded in fact and warranted by law; (3) is not submitted for an improper purpose; and (4) does not contain a materially false, misleading, or fraudulent statement. Requires the Secretary of Health and Human Services to investigate any petition that does not comply.

Allows the Secretary to impose penalties for knowingly and willfully submitting a petition for an improper purpose or that contains a materially false, misleading, or fraudulent statement. Provides that such penalties may include: (1) civil penalty; (2) suspension or revocation of the authority to submit a petition; and (3) dismissal of the petition. Requires the Secretary to refer such a violative petition to the Federal Trade Commission (FTC) for further action. Sets forth the factors that the Secretary shall consider in taking an enforcement action or determining the penalty.

Permits any person aggrieved by a petition that may contain violations to request the Secretary to investigate. Subjects knowing and intentional violative requests to civil penalties.

Requires the Secretary to take final agency action on such a petition within six months.
****
Q: SECTION 1. DEVELOPMENT OF BEST PRACTICES FOR THE USE OF PRESCRIPTION 
              OPIOIDS.

    (a) Definitions.--In this section--
            (1) the term ``Secretary'' means the Secretary of Health 
        and Human Services; and
            (2) the term ``task force'' means the Pain Management Best 
        Practices Inter-Agency Task Force convened under subsection 
        (b).
    (b) Inter-Agency Task Force.--Not later than December 14, 2018, the 
Secretary, in cooperation with the Secretary of Veterans Affairs, the 
Secretary of Defense, and the Administrator of the Drug Enforcement 
Administration, shall convene a Pain Management Best Practices Inter-
Agency Task Force to review, modify, and update, as appropriate, best 
practices for pain management (including chronic and acute pain) and 
prescribing pain medication.
    (c) Membership.--The task force shall be comprised of--
            (1) representatives of--
                    (A) the Department of Health and Human Services;
                    (B) the Department of Veterans Affairs;
                    (C) the Food and Drug Administration;
                    (D) the Department of Defense;
                    (E) the Drug Enforcement Administration;
                    (F) the Centers for Disease Control and Prevention;
                    (G) the Health Resources and Services 
                Administration;
                    (H) the Indian Health Service;
                    (I) the National Academy of Medicine;
                    (J) the National Institutes of Health;
                    (K) the Office of National Drug Control Policy;
                    (L) the Substance Abuse and Mental Health Services 
                Administration; and
                    (M) the Office of Women's Health;
            (2) State medical boards;
            (3) subject to subsection (e), physicians, dentists, and 
        nonphysician prescribers;
            (4) hospitals;
            (5) subject to subsection (e), pharmacists and pharmacies;
            (6) first responders;
            (7) experts in the fields of pain research and addiction 
        research;
            (8) experts in the fields of adolescent and young adult 
        addiction research;
            (9) representatives of--
                    (A) pain management professional organizations;
                    (B) the mental health treatment community;
                    (C) the addiction treatment and recovery community;
                    (D) pain advocacy groups;
                    (E) veteran service organizations; and
                    (F) groups with expertise on overdose reversal;
            (10) a person in recovery from addiction to medication for 
        chronic pain;
            (11) a person in recovery from addiction to medication for 
        chronic pain, whose addiction began in adolescence or young 
        adulthood;
            (12) a person with chronic pain;
            (13) an expert on active duty military, armed forces 
        personnel, and veteran health and prescription opioid 
        addiction;
            (14) an expert in the field of minority health; and
            (15) other stakeholders, as the Secretary determines 
        appropriate.
    (d) Condition on Participation on Task Force.--An individual 
representing a profession or entity described in paragraph (3) or (5) 
of subsection (c) may not serve as a member of the task force unless 
such individual--
            (1) is currently licensed in a State in which such 
        individual is practicing (as defined by such State) such 
        profession (or, in the case of an individual representing an 
        entity, a State in which the entity is engaged in business); 
        and
            (2) is currently practicing (as defined by such State) such 
        profession (or, in the case of an individual representing an 
        entity, the entity is in operation).
    (e) Duties.--The task force shall--
            (1) not later than 180 days after the date on which the 
        task force is convened under subsection (b), review, modify, 
        and update, as appropriate, best practices for pain management 
        (including chronic and acute pain) and prescribing pain 
        medication, taking into consideration--
                    (A) existing pain management research;
                    (B) research on trends in areas and communities in 
                which the prescription opioid abuse rate and fatality 
                rate exceed the national average prescription opioid 
                abuse rate and fatality rate;
                    (C) recommendations from relevant conferences and 
                existing relevant evidence-based guidelines;
                    (D) ongoing efforts at the State and local levels 
                and by medical professional organizations to develop 
                improved pain management strategies, including 
                consideration of differences within and between classes 
                of opioids, the availability of opioids with abuse 
                deterrent technology, and pharmacological, 
                nonpharmacological, medical device alternatives to 
                opioids to reduce opioid monotherapy in appropriate 
                cases and the coordination of information collected 
                from State prescription drug monitoring programs for 
                the purpose of preventing the diversion of pain 
                medication;
                    (E) ongoing efforts at the Federal, State, and 
                local levels to examine the potential benefits of 
                electronic prescribing of opioids, including any public 
                comments collected in the course of those efforts;
                    (F) the management of high-risk populations, other 
                than populations who suffer pain, who--
                            (i) may use or be prescribed 
                        benzodiazepines, alcohol, and diverted opioids; 
                        or
                            (ii) receive opioids in the course of 
                        medical care;
                    (G) the distinct needs of adolescents and young 
                adults with respect to pain management, pain 
                medication, substance use disorder, and medication-
                assisted treatment;
                    (H) the 2016 Guideline for Prescribing Opioids for 
                Chronic Pain issued by the Centers for Disease Control 
                and Prevention;
                    (I) the practice of co-prescribing naloxone for 
                both pain patients receiving chronic opioid therapy and 
                patients being treated for opioid use disorders;
                    (J) research that has been, or is being, conducted 
                or supported by the Federal Government on prevention 
                of, treatment for, and recovery from substance use by 
                and substance use disorders among adolescents and young 
                adults relative to any unique circumstances (including 
                social and biological circumstances) of adolescents and 
                young adults that may make adolescent-specific and 
                young adult-specific treatment protocols necessary, 
                including any effects that substance use and substance 
                use disorders may have on brain development and the 
                implications for treatment and recovery;
                    (K) Federal non-research programs and activities 
                that address prevention of, treatment for, and recovery 
                from substance use by and substance use disorders among 
                adolescents and young adults, including an assessment 
                of the effectiveness of such programs and activities 
                in--
                            (i) preventing substance use by and 
                        substance use disorders among adolescents and 
                        young adults;
                            (ii) treating such adolescents and young 
                        adults in a way that accounts for any unique 
                        circumstances faced by adolescents and young 
                        adults; and
                            (iii) supporting long-term recovery among 
                        adolescents and young adults; and
                    (L) gaps that have been identified by Federal 
                officials and experts in Federal efforts relating to 
                prevention of, treatment for, and recovery from 
                substance use by and substance use disorders among 
                adolescents and young adults, including gaps in 
                research, data collection, and measures to evaluate the 
                effectiveness of Federal efforts, and the reasons for 
                such gaps;
            (2) solicit and take into consideration public comment on 
        the practices developed under paragraph (1), amending such best 
        practices if appropriate;
            (3) develop a strategy for disseminating information about 
        the best practices developed under paragraphs (1) and (2) to 
        prescribers, pharmacists, State medical boards, educational 
        institutions that educate prescribers and pharmacists, and 
        other parties, as the Secretary determines appropriate;
            (4) review, modify, and update best practices for pain 
        management and prescribing pain medication, specifically as it 
        pertains to physician education and consumer education; and
            (5) examine and identify--
                    (A) the extent of the need for the development of 
                new pharmacological, nonpharmacological, and medical 
                device alternatives to opioids;
                    (B) the current status of research efforts to 
                develop such alternatives; and
                    (C) the pharmacological, nonpharmacological, and 
                medical device alternatives to opioids that are 
                currently available that could be better utilized.
    (f) Consideration of Study Results.--In reviewing, modifying, and 
updating, best practices for pain management and prescribing pain 
medication, the task force shall take into consideration existing 
private sector, State, and local government efforts related to pain 
management and prescribing pain medication.
    (g) Limitation.--The task force shall not have rulemaking 
authority.
    (h) Report.--Not later than 270 days after the date on which the 
task force is convened under subsection (b), the task force shall 
submit to Congress a report that includes--
            (1) the strategy for disseminating best practices for pain 
        management (including chronic and acute pain) and prescribing 
        pain medication, as developed under subsection (e);
            (2) the results of a feasibility study on linking the best 
        practices described in paragraph (1) to receiving and renewing 
        registrations under section 303(f) of the Controlled Substances 
        Act (21 U.S.C. 823(f));
            (3) recommendations for effectively applying the best 
        practices described in paragraph (1) to improve prescribing 
        practices at medical facilities, including medical facilities 
        of the Veterans Health Administration and Indian Health 
        Service;
            (4) the modified and updated best practices described in 
        subsection (e)(4); and
            (5) the results of the examination and identification 
        conducted pursuant to subsection (e)(4), and recommendations 
        regarding--
                    (A) the development of new pharmacological, 
                nonpharmacological, and medical device alternatives to 
                opioids; and
                    (B) the improved utilization of pharmacological, 
                nonpharmacological, and medical device alternatives to 
                opioids that are currently available.

            Passed the House of Representatives May 11, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

A: (Sec. 1) This bill requires the Department of Health and Human Services to convene a Pain Management Best Practices Inter-Agency Task Force to: (1) review, modify, and update best practices for pain management and prescribing pain medication; and (2) examine and identify the need for, development of, and availability of medical alternatives to opioids (drugs with effects similar to opium, such as certain pain medications). The task force must submit a report that includes: (1) the modified and updated best practices; (2) a strategy for disseminating the best practices; (3) the feasibility of linking the best practices to Drug Enforcement Administration registration of manufacturers, distributors, and dispensers of controlled substances; (4) recommendations for effectively applying the best practices at medical facilities; and (5) recommendations regarding medical alternatives to opioids.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayer Empowerment and Advocacy 
Act of 2009''.

SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.

    (a) Adjustments to Discretionary Spending Limits.--In the matter 
that precedes subparagraph (A) of section 251(b)(2) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, strike ``through 
2002''.
    (b) Discretionary Spending Limit.--Section 251(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
            (1) Strike paragraphs (1) through (16) and insert the 
        following new paragraphs:
            ``(1) with respect to fiscal year 2010, for the 
        discretionary category: $925,119,000,000 in total new budget 
        authority;
            ``(2) with respect to fiscal year 2011, for the 
        discretionary category: an amount of new budget authority equal 
        to the amount of total new budget authority specified in 
        paragraph (1) adjusted to reflect the change in Consumer Price 
        Index over the previous 12 months prior to October 1, 2009;
            ``(3) with respect to fiscal year 2012, for the 
        discretionary category: an amount of new budget authority equal 
        to the amount of total new budget authority provided under 
        paragraph (2) adjusted to reflect the change in Consumer Price 
        Index over the previous 12 months prior to October 1, 2010;
            ``(4) with respect to fiscal year 2013, for the 
        discretionary category: an amount of new budget authority equal 
        to the amount of total new budget authority specified in 
        paragraph (3) adjusted to reflect the change in Consumer Price 
        Index over the previous 12 months prior to October 1, 2011; and
            ``(5) with respect to fiscal year 2014, for the 
        discretionary category: an amount of new budget authority equal 
        to the amount of total new budget authority specified in 
        paragraph (4) adjusted to reflect the change in Consumer Price 
        Index over the previous 12 months prior to October 1, 2012;''.
    (c) Adjustments to Discretionary Spending Limits.--
            (1) Section 251(b)(2) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 is amended by striking 
        subparagraphs (C) through (H) and by inserting after 
        subparagraph (B) the following new subparagraph:
                    ``(C) Accrual accounting.--If a bill or joint 
                resolution is enacted that charges Federal agencies for 
                the full cost of accrued Federal retirement and health 
                benefits and a bill or joint resolution making 
                appropriations is enacted that provides new budget 
                authority to carry out the legislation charging Federal 
                agencies for such accrued costs, the adjustment shall 
                be equal to the reduction in mandatory budget authority 
                and the outlays flowing therefrom estimated to result 
                from the legislation charging Federal agencies for such 
                accrued costs.''.
            (2) Section 251(b)(2)(A) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 is amended by striking 
        the last sentence.
    (d) Definition of Consumer Price Index.--Section 3 of the 
Congressional Budget and Impoundment Control Act of 1974 is amended by 
adding at the end the following new paragraph:
            ``(11) The term `Consumer Price Index' refers to the 
        Consumer Price Index for All Urban Consumers (all items; United 
        States city average), published by the Bureau of Labor 
        Statistics.''.

SEC. 3. EXTENSION OF PAY-AS-YOU-GO.

    Section 252 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended to read as follows:

``SEC. 252. ENFORCING PAY-AS-YOU-GO.

    ``(a) Purpose.--The purpose of this section is to assure that any 
legislation enacted before October 1, 2015, affecting direct spending 
that increases the deficit will trigger an offsetting sequestration.
    ``(b) Sequestration.--
            ``(1) Timing.--Not later than 15 calendar days after the 
        date Congress adjourns to end a session and on the same day as 
        a sequestration (if any) under section 251, there shall be a 
        sequestration to offset the amount of any net deficit increase 
        caused by all direct spending legislation enacted before 
        October 1, 2015, as calculated under paragraph (2).
            ``(2) Calculation of deficit increase.--OMB shall calculate 
        the amount of deficit increase or decrease by adding--
                    ``(A) all OMB estimates for the budget year of 
                direct spending legislation transmitted under 
                subsection (d);
                    ``(B) the estimated amount of savings in direct 
                spending programs applicable to budget year resulting 
                from the prior year's sequestration under this section 
                or, if any, as published in OMB's final sequestration 
                report for that prior year;
                    ``(C) any net deficit increase or decrease in the 
                current year resulting from all OMB estimates for the 
                current year of direct spending legislation transmitted 
                under subsection (d) of this section that were not 
                reflected in the final OMB sequestration report for the 
                current year; and
                    ``(D) for fiscal year 2010, before making the 
                calculations required in subparagraphs (A) through (C), 
                OMB shall assume an automatic deficit increase of 
                $58,160,000,000.
    ``(c) Eliminating a Deficit Increase.--(1) The amount required to 
be sequestered in a fiscal year under subsection (b) shall be obtained 
from non-exempt direct spending accounts from actions taken in the 
following order:
            ``(A) First.--All reductions in automatic spending 
        increases specified in section 256(a) shall be made.
            ``(B) Second.--If additional reductions in direct spending 
        accounts are required to be made, the maximum reductions 
        permissible under sections 256(b) (guaranteed and direct 
        student loans) and 256(c) (foster care and adoption assistance) 
        shall be made.
            ``(C) Third.--(i) If additional reductions in direct 
        spending accounts are required to be made, each remaining non-
        exempt direct spending account shall be reduced by the uniform 
        percentage necessary to make the reductions in direct spending 
        required by paragraph (1).
            ``(ii) For purposes of determining reductions under clause 
        (i), outlay reductions (as a result of sequestration of 
        Commodity Credit Corporation commodity price support contracts 
        in the fiscal year of a sequestration) that would occur in the 
        following fiscal year shall be credited as outlay reductions in 
        the fiscal year of the sequestration.
    ``(2) For purposes of this subsection, accounts shall be assumed to 
be at the level in the baseline for fiscal year 2011 and for fiscal 
years 2012 through 2015 at the baseline after adjusting for any 
sequester in fiscal year 2010.
    ``(d) Estimates.--
            ``(1) CBO estimates.--As soon as practicable after Congress 
        completes action on any direct spending, CBO shall provide an 
        estimate to OMB of that legislation.
            ``(2) OMB estimates.--Not later than 7 calendar days 
        (excluding Saturdays, Sundays, and legal holidays) after the 
        date of enactment of any direct spending, OMB shall transmit a 
        report to the House of Representatives and to the Senate 
        containing--
                    ``(A) the CBO estimate of that legislation;
                    ``(B) an OMB estimate of that legislation using 
                current economic and technical assumptions; and
                    ``(C) an explanation of any difference between the 
                2 estimates.
            ``(3) Significant differences.--If during the preparation 
        of the report under paragraph (2) OMB determines that there is 
        a significant difference between the OMB and CBO estimates, OMB 
        shall consult with the Committees on the Budget of the House of 
        Representatives and the Senate regarding that difference and 
        that consultation, to the extent practicable, shall include 
        written communication to such committees that affords such 
        committees the opportunity to comment before the issuance of 
        that report.
            ``(4) Scope of estimates.--The estimates under this section 
        shall include the amount of change in outlays for the current 
        year (if applicable), the budget year, and each outyear 
        excluding any amounts resulting from--
                    ``(A) full funding of, and continuation of, the 
                deposit insurance guarantee commitment in effect under 
                current estimates; and
                    ``(B) emergency provisions as designated under 
                subsection (e).
            ``(5) Scorekeeping guidelines.--OMB and CBO, after 
        consultation with each other and the Committees on the Budget 
        of the House of Representatives and the Senate, shall--
                    ``(A) determine common scorekeeping guidelines; and
                    ``(B) in conformance with such guidelines, prepare 
                estimates under this section.
    ``(e) Emergency Legislation.--If a provision of direct spending 
legislation is enacted that the President designates as an emergency 
requirement and that the Congress so designates in statute, the amounts 
of new budget authority, outlays, and receipts in all fiscal years 
resulting from that provision shall be designated as an emergency 
requirement in the reports required under subsection (d) of this 
section.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by striking ``2002'' 
and inserting ``2015''.
    (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended by striking ``2002'' and 
inserting ``2015''.
    (b) Expiration.--Section 275(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by striking ``2002'' 
and inserting ``2015''.

SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE.

    (a) In General.--Section 257(a) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by inserting ``, 
except for emergency appropriations covered by section 251(b)(2)(A) and 
emergency legislation covered by section 252(e)'' before the period.
    (b) Direct Spending and Receipts.--Section 257(b)(2) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by 
adding at the end the following new subparagraph:
                    ``(E) Emergency legislation covered by section 
                252(e) shall not be extended in the baseline.''.
    (c) Discretionary Appropriations.--Section 257(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is amended by adding 
at the end the following new paragraph:
            ``(7) Emergency appropriations covered by section 
        251(b)(2)(A) shall not be extended in the baseline.''.

SEC. 6. OMB EMERGENCY CRITERIA.

    (a) Definition of Emergency.--Section 3 of the Congressional Budget 
and Impoundment Control Act of 1974 (as amended by section 2(d)) is 
further amended by adding at the end the following new paragraph:
            ``(12)(A) The term `emergency' means a situation that--
                    ``(i) requires new budget authority and outlays (or 
                new budget authority and the outlays flowing therefrom) 
                for the prevention or mitigation of, or response to, 
                loss of life or property, or a threat to national 
                security; and
                    ``(ii) is unanticipated.
            ``(B) As used in subparagraph (A), the term `unanticipated' 
        means that the underlying situation is--
                    ``(i) sudden, which means quickly coming into being 
                or not building up over time;
                    ``(ii) urgent, which means a pressing and 
                compelling need requiring immediate action;
                    ``(iii) unforeseen, which means not predicted or 
                anticipated as an emerging need; and
                    ``(iv) temporary, which means not of a permanent 
                duration.''.
    (b) Conforming Amendment.--Section 250(c) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 is amended by adding at the 
end the following new paragraph:
            ``(20) The term `emergency' has the meaning given to such 
        term in section 3 of the Congressional Budget and Impoundment 
        Control Act of 1974.''.

SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN 
              EMERGENCY.

    (a) In General.--Title III of the Congressional Budget Act of 1974 
is amended by adding at the end the following new section:

 ``rule respecting designation of legislative provision as an emergency

    ``Sec. 316.  (a) Guidance.--In making a designation of a provision 
of legislation as an emergency requirement under section 251(b)(2)(A) 
or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 
1985, the committee report and any statement of managers accompanying 
that legislation shall analyze whether a proposed emergency requirement 
meets the definition of an `emergency' set out in section 3 of the 
Congressional Budget and Impoundment Control Act of 1974.
    ``(b) In General.--It shall not be in order in the Senate or the 
House of Representatives to consider any bill, joint resolution, or 
conference report that contains an emergency designation under section 
251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 unless the proposed emergency requirement meets the 
definition of an `emergency' set out in section 3 of the Congressional 
Budget and Impoundment Control Act of 1974.
    ``(c) Waiver and Appeal in the Senate.--This section may be waived 
or suspended in the Senate only by an affirmative vote of three-fifths 
of the Members, duly chosen and sworn. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn, shall be 
required in the Senate to sustain an appeal of the ruling of the Chair 
on a point of order raised under this section.
    ``(d) Enforcement in the House of Representatives.--It shall not be 
in order in the House of Representatives to consider a rule or order 
that waives the application of subsection (b).
    ``(e) Disposition of Points of Order in the House.--As disposition 
of a point of order under subsection (b) or subsection (d), the Chair 
shall put the question of consideration with respect to the proposition 
that is the subject of the point of order. A question of consideration 
under this section shall be debatable for 10 minutes by the Member 
initiating the point of order and for 10 minutes by an opponent of the 
point of order, but shall otherwise be decided without intervening 
motion except one that the House adjourn or that the Committee of the 
Whole rise, as the case may be.
    ``(f) Effect on Amendment in Order as Original Text in the House.--
The disposition of the question of consideration under this section 
with respect to a bill or joint resolution shall be considered also to 
determine the question of consideration under this subsection with 
respect to an amendment made in order as original text.''.
    (b) Conforming Amendment.--The table of contents set forth in 
section 1(b) of the Congressional Budget and Impoundment Control Act of 
1974 is amended by inserting after the item relating to section 315 the 
following new item:

``Sec. 316. Rule respecting designation of legislative provision as an 
                            emergency.''.

A:
Taxpayer Empowerment and Advocacy Act of 2009 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend through FY2014 the spending limits (spending caps) for the discretionary categories in new budget authority and outlays.

Revises requirements for adjustments to discretionary spending limits in sequestration reports by the Office of Management and Budget (OMB). Repeals such requirements relating to: (1) continuing disability reviews by the Social Security Administration (SSA); (2) allowances for the International Monetary Fund (IMF) and for specified international arrearages; (3) an Earned Income Tax Credit (EITC) compliance initiative; (4) adoption incentive payments for the Department of Health and Human Services; and (5) conservation spending.

Requires that, if legislation is enacted that charges federal agencies for the full cost of accrued federal retirement and health benefits, and a measure is enacted making appropriations that provides new budget authority to carry out such legislation, the adjustment shall be equal to the reduction in mandatory budget authority and outlays estimated resulting from such legislation.

Extends Pay-As-You-Go (PAYGO) requirements and enforcement mechanisms through FY2014.

Revises formulae for the calculation of a deficit increase or decrease and for elimination of a deficit increase.

Requires the Office of Management and Budget (OMB) to assume an automatic deficit increase of $58.160 billion for FY2010 before making a calculation of deficit increase or decrease.

Modifies the formula for eliminating a deficit increase. Repeals the limitation on reductions of certain Medicare programs and the increase (if necessary) to the uniform percentage applicable to all other direct spending programs to a level sufficient to achieve the required reduction in direct spending.

Assumes non-exempt direct spending accounts to be at the level in the baseline for FY2011, and for FY2012-FY2015 at the baseline after adjusting for any sequester in FY2010.

Repeals the exclusion from Congressional Budget Office (CBO) estimates and OMB reports to Congress on emergency legislation of direct spending legislation to cover agricultural crop disaster assistance. (Thus requires the amount of new budget authority, outlays, and receipts of all fiscal years resulting from direct spending legislation to cover such crop disaster assistance.)

Modifies the baseline to exclude certain emergency appropriations and emergency spending legislation.

Amends the Congressional Budget Act of 1974 to make it out of order to consider in the Senate or House any legislation that contains an emergency designation under the Gramm-Rudman-Hollings Act unless it meets a specified new definition of "emergency" set out in the Congressional Budget and Impoundment Control Act of 1974.

Makes it out of order to consider in the House a rule or order that waives such application.
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