Maximizing America's Prosperity Act of 2011 - Amends the Balanced Budget and Emergency Deficit Control Act of 1995 (Gramm-Rudman-Hollings Act) to require: (1) the Office of Management and Budget (OMB) to prepare a report comparing projected total spending in such Act and the total spending limits (for FY2013-FY2021 and ensuing fiscal years), to be included in the President's annual budget; and (2) the Congressional Budget Office (CBO) to prepare a similar report and include it in the CBO annual baseline and reestimate of the President's budget.
Requires the reports to be included in spending reduction orders.
Requires a specified reduction each fiscal year for unfunded federal mandates.
Amends the Congressional Budget Act of 1974 (CBA) to set aside for emergencies 1% of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of a concurrent budget resolution.
Amends the Gramm-Rudman-Hollings Act to prescribe requirements for CBO and OMB sequestration preview reports regarding discretionary and total spending limits.
Prescribes administrative procedures for spending reduction orders. Exempts from such orders: (1) payments for net interest, (2) obligated balances of budget authority carried over from prior fiscal years, (3) federal obligations required to be paid under the U.S. Constitution or legally contractual obligations, and (4) intragovernmental transfers.
Prohibits funding for a presidentially designated emergency program from being subjected to sequestration or counted for purposes of calculating a sequester.
Requires the President's annual budget to be in compliance with the statutory cap on total federal spending.
Requires the President's budget to include a plan to ensure that: (1) the Old Age Survivors Disability Insurance (OASDI) and Hospital Insurance (HI) Trust Funds will not be exhausted during the 75-year projection period, and (2) the trust fund ratios will not be declining at the end of such period if the report from the Actuaries indicates a shortfall in them.
Requires the President's budget also to prioritize non-exempt spending by ranking all federal programs, projects, and activities in five categories from the most essential, to essential, to somewhat essential, to less essential, to least essential, with not less than 12% of total non-exempt spending falling into any one category.
Amends the CBA to make it out of order in both chambers to consider any concurrent budget resolution that sets forth total federal outlays for any fiscal year in excess of those specified in this Act.
Legislative Line-Item Reduction Act of 2011 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose to Congress the rescission (line item reduction) of dollar amounts of discretionary budget authority and items of direct spending.
Dedicates all related spending reductions to deficit reduction.
Prescribes procedures for expedited consideration of legislation to approve such a proposal.
Authorizes the President to: (1) withhold discretionary budget authority temporarily from obligation, or (2) suspend temporarily direct spending.
Makes specified provisional (automatic) continuing appropriations in the event that 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 appropriations is not in effect. (Thus prevents federal government shutdown.)
Amends the Social Security Act to require annual Social Security account statements to individuals to include: (1) estimated present value of taxes and benefits with respect to Social Security and Medicare, and (2) projected deficit-financed OASDI and Medicare benefits as a percentage of individual lifetime earnings.
Amends the CBA to require CBO spending and revenue estimates to include the effect on interest and on the federal debt.
Federal Sunset Act of 2011 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for its review, at least once every 12 years, of each agency with a view to its possible abolishment; (2) review the efficiency and public need for each agency using specified criteria; (3) recommend whether each agency should be abolished or reorganized; and (4) report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency.
Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service (CRS), to prepare an inventory of federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
Requires amounts appropriated to carry out this Act to be offset by a reduction in amounts appropriated to carry out other agencies' programs.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2319 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2319
To cap noninterest Federal spending as a percentage of full employment
GDP, to require that budgets and budget resolutions adhere to these
caps, to enforce these caps, to increase financial transparency for
mandatory programs, to provide for a line-item adjustment, to require
the parings of significant spending increases and adjustments to the
debt ceiling, and to provide for a Federal Sunset commission to assist
Congress in eliminating Federal agencies and programs that no longer
serve a public need or reforming those that are inefficient or
ineffective in serving a public need, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 2011
Mr. Brady of Texas introduced the following bill; which was referred to
the Committee on the Budget, and in addition to the Committees on
Rules, Ways and Means, Appropriations, and Oversight and Government
Reform, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To cap noninterest Federal spending as a percentage of full employment
GDP, to require that budgets and budget resolutions adhere to these
caps, to enforce these caps, to increase financial transparency for
mandatory programs, to provide for a line-item adjustment, to require
the parings of significant spending increases and adjustments to the
debt ceiling, and to provide for a Federal Sunset commission to assist
Congress in eliminating Federal agencies and programs that no longer
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 Representatives 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 earnings.
TITLE VI--DEBT IMPACT
Sec. 601. CBO spending and revenue estimates.
TITLE VII--FEDERAL SUNSET
Sec. 701. Short title.
Sec. 702. Review and abolishment of Federal agencies.
Sec. 703. Establishment of Commission.
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 domestic 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 economists to maximize economic growth.
According to the nonpartisan Congressional Budget Office, if
current 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 effective means
of controlling excessive Federal spending.
(4)(A) Congress can directly control discretionary and
mandatory spending through legislative changes, but Congress
cannot directly control interest spending.
(B) The Federal Reserve should conduct monetary 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
accommodative monetary policy for too long in order to maintain
low interest rates to help Congress keep total spending within
its spending cap. If the Federal Reserve were to succumb to
this pressure, the United States would suffer from greater
price inflation 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 stability in Federal spending
through the economic cycle.
(6) To adhere to spending caps, Congress needs additional
tools to balance the special interest demands for additional
spending with the broader public 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 report comparing
projected total spending under section 257 and the total
spending limits in subsection (c), and include such report in
the budget as submitted by the President annually under section
1105(a) of title 31, United States Code.
``(2) CBO report.--CBO shall prepare a report comparing
projected total spending under section 257 and the total
spending limits in subsection (c) and include such report in
the CBO annual baseline and reestimate of the President's
budget.
``(3) Inclusion in spending reduction orders.--Reports
prepared pursuant to this subsection shall be included in the
spending reduction report.
``(b) Spending Reduction Order.--A spending reduction order shall
be implemented using the procedures set forth in section 256.
``(c) Fiscal Years of the Total Spending Period.--The fiscal years
within the total spending period shall be as follows:
``(1) Fiscal year 2013: 19.0 percent of full employment
GDP.
``(2) Fiscal year 2014: 18.0 percent of full employment
GDP.
``(3) Fiscal year 2015: 17.4 percent of full employment
GDP.
``(4) Fiscal year 2016: 17.2 percent of full employment
GDP.
``(5) Fiscal year 2017: 17.0 percent of full employment
GDP.
``(6) Fiscal year 2018: 16.8 percent of full employment
GDP.
``(7) Fiscal year 2019: 16.7 percent of full employment
GDP.
``(8) Fiscal year 2020: 16.6 percent of full employment
GDP.
``(9) Fiscal year 2021 and subsequent fiscal years: 16.5
percent of full employment GDP.
``(d) Reduction for Unfunded Federal Mandates.--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 outlays of the
Government including those from off-budget entities and budget
authority and outlays flowing therefrom, as applicable,
designated as emergencies, and excluding net interest.
``(12) The term `total spending limit' means the maximum
permissible total spending of the Government set forth as a
percentage of estimated full employment 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
employment level at which inflation would occur .''.
(c) Conforming Amendment.--The table of contents set forth in
250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985
is amended by inserting after the item relating to section 252A the
following 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 appropriations 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.''.
(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 discretionary 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 CBO sequestration preview report.
submission.
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 Representatives 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.
``(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 enacted through those dates, containing all of the
information 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 enacted through those dates, containing
all of the information required in the sequestration preview
report.
``(2) Presidential order.--On the date specified in
subsection (a), if in its sequestration final report OMB
estimates that any sequestration is required, the President
shall issue an order fully implementing without change all
sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
``(f) GAO Compliance Report.--Upon request of the Committee on the
Budget of the House of Representatives 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 certifying 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 certifying that the report fully
and accurately complies 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 section 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
multiplying 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 exempt from
reduction under any order issued under this part:
``(A) Payments for net interest.
``(B) Obligated balances of budget authority
carried over from prior fiscal years.
``(C) Any obligations of the Federal Government
required to be paid under the United States
Constitution or legally contractual obligations.
``(D) Intragovernmental transfers.
``(3) Reduction limitation.--(A) No discretionary budget
account shall be subject to a spending reduction of more than
ten percent of its budgetary resources.
``(B) No direct spending program shall be subject to a
spending reduction which exceeds the elimination of the entire
automatic spending increase for that program for the fiscal
year to which the applicable 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:
``(A) Budgetary resources subject to a spending
reduction to any discretionary account shall be
permanently canceled.
``(B) The same percentage spending reduction shall
apply to all programs, projects, and activities within
a budget account (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying report for the relevant fiscal year
covering that account, or for accounts not included in
appropriation Acts, as delineated in the most recently
submitted President's budget).
``(C) Administrative regulations implementing a
spending reduction shall be made within 120 days of the
issue of a spending reduction 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 Representatives.''.
(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 relating 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 CONGRESS.
Section 1105 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(i)(1) The budget transmitted pursuant to subsection (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 projection period and
that the trust fund ratios will not be declining at the end of
such period if the report 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 activities 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.''.
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 Spending 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:
``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, proposing to
rescind dollar amounts of discretionary budget
authority and items of direct 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.
``(iii) Limitations.--
``(I) In general.--Special messages
shall be submitted within 1 calendar
year of the date of enactment of any
dollar amount of discretionary budget
authority or item of direct spending
the President proposes to rescind
pursuant to this title.
``(II) Resubmittal.--If Congress
rejects or does not complete action 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 authority 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, or
establishments of the government and the dollar
amount of the reduction in outlays 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
spending proposed for rescission and the dollar
amounts of the reductions in budget authority
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 proposals
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
submission under section 1105(a) of title 31,
United States Code, for the time periods of--
``(I) the fiscal year in which the
proposal is submitted; and
``(II) each of the 10 following
fiscal years beginning with the fiscal
year after the fiscal year in which the
proposal is submitted;
``(iv) any account, department, or
establishment 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 rescinded;
``(vi) the estimated fiscal and economic
impacts, of the proposed rescission;
``(vii) to the maximum extent practicable,
all facts, circumstances, and considerations
relating to or bearing upon the proposed
rescission and the decision to effect the
proposed rescission, and the estimated effect
of the proposed rescission upon the objects,
purposes, and programs 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 rescinded 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 Director of the Congressional
Budget Office shall prepare an estimate of the savings
in budget authority or outlays resulting from such
proposed rescission.
``(B) Methodology.--The estimates required by
subparagraph (A) shall be made relative to the most
recent levels calculated consistent 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 Committees on the
Budget of the House of Representatives 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 dedicated only to deficit
reduction and shall not be used as an offset for other
spending increases or revenue reductions.
``(B) Adjustment of budget targets.--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 revenue
levels under section 311(a) of the Congressional 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
reflect the rescission. The adjustments shall reflect
the budgetary effects of such rescissions as estimated
by the President pursuant to paragraph (1)(B)(iii). The
appropriate committees shall report revised allocations
pursuant to section 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 concurrent
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 enactment of a
rescission bill as provided under this section, the
President shall revise applicable limits under the
Maximizing America's Prosperity Act of 2011, as
appropriate.
``(c) Procedures for Expedited Consideration.--
``(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 leader or minority leader shall introduce
(by request) 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 sentence 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 consideration of the bill, and
the bill shall be placed on the appropriate
calendar.
``(ii) Multiple committees.--
``(I) Referrals.--If a bill
contains 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 Committee on
the Budget, to which a bill is referred
under this clause may submit a
favorable, an unfavorable
recommendation, without recommendation
with respect to the bill to the
Committee on the Budget prior to the
reporting or discharge of the bill.
``(III) Reporting.--The Committee
on the Budget shall report the bill not
later than the fifth day of session of
that House after the date of
introduction of the bill in that House,
without any revision and with a
favorable or unfavorable
recommendation, or without
recommendation, together with the
recommendations of any committee to
which the bill has been referred.
``(IV) Discharge.--If the Committee
on the Budget fails to report the bill
within that period, the committee shall
be automatically discharged from
consideration of the bill, and the bill
shall be placed on the appropriate
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 representatives.--
``(A) Motion to proceed to consideration.--A motion
in the House of Representatives to proceed to the
consideration of a bill under this subsection shall be
highly privileged and not debatable. An amendment to
the motion 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 section shall be
governed by the Rules of the House of Representatives.
It shall not be in order in the House of
Representatives to consider any bill introduced
pursuant to the provisions of this section under a
suspension of the rules or under a special rule.
``(3) Consideration in the senate.--
``(A) Motion to proceed to consideration.--A motion
to proceed to the consideration of a bill under this
subsection in the Senate 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 motion 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 appeals.--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,
to be equally divided and controlled in the usual form.
``(D) Motion to limit debate.--A motion 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, pursuant to
paragraph (1)(C), on the bill introduced in the
Senate, the Senate bill shall be held pending
receipt of the House message on the bill. Upon
receipt of the House companion bill, the House
bill shall be deemed to be considered, read for
the third time, and the vote on passage of the
Senate 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 either 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 authority
proposed to be rescinded in that special message shall be
withheld from obligation for a period not to exceed 45 calendar
days from the date of receipt by Congress.
``(2) Early availability.--The President may make any
dollar amount of discretionary budget authority withheld from
obligation pursuant to paragraph (1) available at an earlier
time if the President determines that continued withholding
would not further the purposes of this title.
``(f) Temporary Presidential Authority to Suspend.--
``(1) Suspend.--The President may not suspend 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
President may suspend the execution of any item of direct
spending proposed to be rescinded in that message 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 continuation of the suspension would not further the
purposes of this title.
``(g) Definitions.--In this section:
``(1) Appropriation law.--The term `appropriation law'
means any general or special appropriation Act, and any Act or
joint resolution making supplemental, deficiency, or continuing
appropriations.
``(2) Calendar day.--The term `calendar day' means a
standard 24-hour period beginning at midnight.
``(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
limitations--
``(A) specified in an appropriation law, or the
dollar amount of budget authority required to be
allocated by a specific proviso in an appropriation law
for which a specific dollar figure was not included;
``(B) represented separately in any table, chart,
or explanatory text included in the statement 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 obligations from or
within accounts, programs, projects, or activities for
which budget authority or an obligation limitation is
provided in an appropriation law;
``(D) represented by the product of the estimated
procurement cost and the total quantity of items
specified in an appropriation law or included in the
statement of managers or the governing committee report
accompanying such law; or
``(E) represented by the product of the estimated
procurement cost and the total quantity of items
required to be provided in a law (other than an
appropriation law) that mandates obligations from
accounts, programs, projects, or activities for which
dollar amount of discretionary budget authority or an
obligation limitation is provided in an appropriation
law.
``(5) Rescind or rescission.--The term `rescind' or
`rescission' means--
``(A) in the case of a dollar amount of
discretionary budget authority, to reduce or repeal a
provision of law to prevent that budget authority or
obligation limitation from having legal force or
effect; and
``(B) in the case of direct spending, to repeal 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 spending provided in appropriation Acts, and
entitlement authority.
``(7) Item of direct spending.--The term `item of direct
spending' means any specific provision 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
authority or outlays for direct spending 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
submission under section 1105(a) of title 31, United States
Code, and, with respect to estimates made after that budget
submission that are not included with it, estimates consistent
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 effect 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 Congressional 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
(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 contents 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 discretionary
budget authority, item of direct spending, 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.
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:
``Sec. 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 appropriations 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 appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) 90 percent of the rate of operations provided 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 continuing appropriations for such
preceding fiscal year;
``(C) 90 percent of the rate of operations provided 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
either version; or
``(D) 90 percent of the annualized rate of operations
provided for in the most recently enacted joint resolution
making continuing appropriations for part of that fiscal year
or any funding levels established under the provisions of this
Act.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations 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 appropriations becomes law, as the
case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
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 current 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 applies 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 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 activity 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 activity 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 activity 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.
``(5) Financial Services and General Government.
``(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 Operations, and Related
Programs.
``(12) Transportation, Housing and Urban Development, and
Related Agencies.''.
(b) Clerical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:
``1311. Continuing appropriations.''.
TITLE V--TRANSPARENCY
SEC. 501. INCLUSION IN ANNUAL SOCIAL SECURITY ACCOUNT STATEMENT OF
ESTIMATED PRESENT VALUE OF TAXES AND BENEFITS FOR SOCIAL
SECURITY AND MEDICARE AND PROJECTED DEFICIT AS A PERCENT
OF LIFETIME EARNINGS.
(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 following new
subparagraphs:
``(F) an estimate, as determined by the Commissioner, in
consultation with the Secretary of Health and Human Services,
on the basis of available records of the Commissioner and
projections based on reasonable assumptions, of--
``(i) the present value of potential lifetime
aggregate employer, employee, and self-employment
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);
``(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 individual's
account under title II and per capita benefits payable
under the Medicare program of title XVIII; and
``(G) an estimate, as determined by the Commissioner, in
consultation with the Secretary of Health and Human Services,
on the basis of available records of the Commissioner and
projections based on reasonable assumptions, of the ratio
(expressed as a percentage) of--
``(i) the sum of the projected deficit-financed
benefits under the old-age, survivors, and disability
insurance program with respect to the eligible
individual and the projected deficit-financed benefits
under part A of the Medicare program under title XVIII
with respect to the eligible individual, to
``(ii) projected lifetime earnings of the eligible
individual.''.
(b) Definitions.--Section 1143(a) of such Act (42 U.S.C. 1320b-
13(a)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) For purposes of paragraph (2)(G)--
``(A) The term `projected deficit-financed benefits'
means--
``(i) with respect to an eligible individual in
connection with the old-age, survivors, and disability
insurance program, the product of--
``(I) the benefits described in
subparagraph (F)(ii) of such individual under
such program, and
``(II) the ratio of future annual deficits,
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--
``(I) the benefits for hospital insurance
(under part A of title XVIII) described in
subparagraph (F)(ii) of such individual under
such program, and
``(II) the ratio of future annual deficits
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 eligible individual's lifetime, as
determined without regard to the contribution and benefit base
under section 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,''.
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 AGENCIES.
(a) Schedule for Review.--Not later than one year after the date of
the enactment of this title, the Federal 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
abolishment 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 provide that agencies that perform similar or
related functions be reviewed concurrently to promote efficiency and
consolidation.
(c) Abolishment of Agencies.--
(1) In general.--Each agency shall be reviewed and
abolished according to the schedule created pursuant to this
section and approved under 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 commission to be known
as the ``Federal Agency Sunset Commission''.
(b) Composition.--The Commission shall be composed 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 Representatives, with minority members
appointed with the consent of the minority leader of the House
of Representatives.
(2) Six members shall be appointed by the majority 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.
(c) Qualifications of Members.--
(1) In general.--
(A) Appointed by the speaker of the house of
representatives.--Of the members appointed under
subsection (b)(1), four shall be members of the House
of Representatives (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 leader of the
senate.--Of the members appointed 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
subparagraph (C).
(C) Individual described.--An individual under this
subparagraph is an individual--
(i) who is not a member of Congress; and
(ii) with expertise in the operation and
administration of Government programs.
(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 paragraph.
(d) Initial Appointments.--All initial appointments 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 Representatives from among the
members initially appointed 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 appointed under subsection (b)(2) to
serve as vice-chairman of the Commission for a period of two
years.
(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 alternate 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 members 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 Congress 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 member 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.
(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed 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 Commission 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 evidence as the Commission considers appropriate. The
Commission may administer oaths to witnesses appearing before
it.
(2) Obtaining information.--The Commission may secure
directly from any agency information 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.--
(A) Authority to issue subpoena.--The Commission
may issue a subpoena to require 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 comply
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 witnesses).
(5) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
services without regard to section 6101 of title 41, United
States Code (relating to advertising requirement for Federal
Government purchases and sales).
(h) Commission Procedures.--
(1) Meetings.--The Commission shall meet at the call of the
Chairman.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(3) Voting.--The schedule for review submitted pursuant to
section 702(a) and the report and draft of legislation
submitted pursuant to section 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.
(4) Staff.--The Director may appoint and fix the pay of
additional personnel as the Director considers 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
accordance with the provisions of chapter 51 and subchapter 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 Administrator of General Services shall
provide to the Commission, 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 Commission may procure
temporary and intermittent 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 President 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, transferred, or reorganized in
an agency to be reviewed in the year in which the report is
submitted pursuant 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 September 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 Office, 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
reviewed regarding the operation of the agency.
(e) Use of Program Inventory.--The Commission shall use the program
inventory prepared under section 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 original objectives of the
agency have been achieved.
(4) Whether less restrictive or alternative methods 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 programs
administered by the agency with similar or duplicative programs
of other agencies, and the potential for consolidating such
programs.
(7) The number and types of beneficiaries or persons served
by programs carried out by the agency.
(8) The extent to which any trends, developments, and
emerging conditions that are likely to affect 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 complied 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 effectiveness 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 public as a whole rather
than the specific business, institution, or individuals that
the agency regulates.
(12) The extent to which the agency has encouraged
participation by the public as a whole in making its rules and
decisions rather than encouraging participation solely by those
it regulates.
(13) The extent to which the public participation 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 regarding 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 coordinated with
State and local governments in performing 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.
SEC. 706. OVERSIGHT BY COMMISSION.
(a) Monitoring of Implementation of Recommendations.--The
Commission shall monitor implementation of laws enacting provisions
that incorporate recommendations of the Commission with respect to
abolishment or reorganization of agencies.
(b) Monitoring of Other Relevant Legislation.--
(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 restrictive manner than
the manner proposed in the legislation; and
(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 cooperation with the Director of the
Congressional Research Service, shall prepare an inventory of Federal
programs (in this title referred to as the ``program inventory'')
within each agency.
(b) Purpose.--The purpose of the program inventory is to advise and
assist the Congress and the Commission 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 maintain the inventory and the
Director of the Congressional 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 matters:
(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 purposes 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 subdivision thereof
responsible for administering the program.
(6) The grants-in-aid, if any, provided by such program to
State and local governments.
(7) The next reauthorization date for the program.
(8) A unique identification number which links the program
and functional category structure.
(9) The year in which the program was originally
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 authorized and the year in
which current authorizations of new budget authority expire.
(11) Any other information the Commission determines 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 Budget Office.
(e) CBO Information.--For each program or group of programs, the
program inventory also shall include information prepared by the
Director of the Congressional Budget Office indicating each of the
following matters:
(1) The amounts of new budget authority authorized 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 appropriation
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 possession which would aid in the compilation of the program
inventory.
(g) Assistance by Executive Branch.--The Office 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.
SEC. 709. EXPEDITED CONSIDERATION OF SCHEDULE FOR REVIEW.
(a) Introduction and Committee Consideration.--
(1) Introduction.--The Commission schedule for review bill
shall be introduced in the Senate by the majority leader, or
the majority leader's designee, and in the House of
Representatives, by the Speaker, or the Speaker's designee.
Upon such introduction, 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 accordance with the preceding sentence,
then any member of Congress may introduce such bill in their
respective 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 aggregate 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 Commission schedule for review bill is referred
under this paragraph may review and comment on such
bill, may report such bill to the respective House, and
may not amend such bill.
(B) Reporting.--Not later than 30 calendar days
after the introduction of the Commission schedule for
review bill, each Committee 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 introduction or at the end of the first
day after there has been reported to the House involved
a Commission schedule for review bill, whichever 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 calendar days
after the date on which a committee has reported a
Commission schedule for review bill or been discharged
from consideration of a Commission schedule for review
bill, the majority leader of the Senate, or the
majority leader's designee, or the Speaker of the House
of Representatives, 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 proceed is agreed to,
the Senate or the House of Representatives, as the case
may be, shall immediately proceed to consideration of
the Commission schedule for review bill without
intervening motion, order, or other business, and the
Commission schedule for review bill shall remain 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
Commission 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 Representatives.
(E) Vote on final passage.--Immediately following
the conclusion of the debate on the Commission schedule
for review bill, the vote on final passage of the
Commission schedule for review bill shall occur.
(F) Other motions not in order.--A motion to
postpone consideration of the Commission schedule for
review bill, a motion to proceed to the consideration
of other business, or a motion to recommit the
Commission schedule 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, before 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 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 Commission schedule for
review bill of the other House.
(3) Disposition.--Upon disposition of a Commission 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, respectively, and is deemed
to be part of the rules of each House, respectively, but
applicable only with respect 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 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
Committee Act (5 U.S.C. App.).
(2) Calendar day.--The term ``calendar day'' means a
calendar day other than one on which either House is not in
session because of an adjournment of more than 3 days to a date
certain.
(3) Commission.--The term ``Commission'' means the Federal
Agency Sunset Commission established 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 review submitted pursuant to section 702(a),
without modification.
(5) Supermajority.--The term ``supermajority'' 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 construed as if the invalid or unenforceable
provision had never been included in this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Budget, and in addition to the Committees on Rules, Ways and Means, Appropriations, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Budget, and in addition to the Committees on Rules, Ways and Means, Appropriations, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Budget, and in addition to the Committees on Rules, Ways and Means, Appropriations, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Budget, and in addition to the Committees on Rules, Ways and Means, Appropriations, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Budget, and in addition to the Committees on Rules, Ways and Means, Appropriations, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Referred to the Subcommittee on Government Organization, Efficiency, and Financial Management .