S.Amdt. 3256

1. Adds SEC. __. LONG-TERM FISCAL ACCOUNTABILITY wherever appropriate

   Adds a section

   Inserted: SEC. __. LONG-TERM FISCAL ACCOUNTABILITY.

   Inserted: (a) Purpose.--The purpose of this section is--

   Inserted: (1) to provide a fail-safe mechanism for ensuring that actual budgetary savings from this Act equal or exceed initial estimates of such savings;

   Inserted: (2) to create expedited procedures for Congress to consider legislative changes to increase savings to at least the initial estimate of this Act if actual budgetary savings are less than initial estimates; and

   Inserted: (3) to ensure that additional budget savings will further extend the solvency of the HI Trust Fund, lower premiums and other out-of-pocket costs for Medicare beneficiaries, and reduce the national debt.

   Inserted: (b) Definitions.--For the purposes of this section:

   Inserted: (1) Budgetary effects.--The term "budgetary effects" refers to the sum of the spending reductions and revenue increases for the period 2010 through 2019 from this Act less the sum of the spending increases and revenue reductions resulting from this Act for the same time period. The calculation shall not include an estimate of the change in federal interest payments.

   Inserted: (2) Federal budgetary commitment to health care.--The term "Federal budgetary commitment to health care" refers to the sum of net Federal outlays for all Federal programs and tax preferences for health care.

   Inserted: (3) OMB proposal.--The term "OMB proposal" refers to the proposed legislative language and such proposal as subsequently modified, if modified by amendment in either House required under subsection (e)(2)(C) to carry out recommendations pursuant to subsection (e)(2)(A).

   Inserted: (4) Savings target.--The term "savings target" refers to the net total provided under subsection (d)(1) for the period 2010 through 2019.

   Inserted: (c) CBO Advisory Reports.--Starting on October 1, 2012, and every 2 years thereafter, through October 1, 2018, not later than 60 days after the start of the fiscal year, the Congressional Budget Office (CBO) shall submit an updated advisory report to Congress and the President. The updated report shall include a detailed estimate of the budgetary effects of this Act based on the information available for the period 2010 through 2019, as well as information on the budgetary effects for the period 2020 through 2029.

   Inserted: (d) OMB Cost Estimate Reports.--

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   Inserted: (1) Initial cost estimate report.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget (OMB) shall submit to Congress a report containing an estimate of the budgetary effects of this Act for 2010 through 2019, as well as information on the budgetary effects for 2020 through 2029. The estimate of net savings produced by this Act for the period 2010 through 2019 period shall serve as the savings target for future cost estimate reports, provided that the OMB estimate is not less than the final CBO estimate of net savings produced by this Act made by CBO prior to its enactment. If the savings estimated by OMB is less than the amount estimated by the CBO, then the estimate of net savings produced by the CBO shall serve as the savings target.

   Inserted: (2) Updated cost estimate reports.--Starting on October 1, 2012, and every 2 years thereafter, through fiscal year 2019, OMB shall reestimate the budgetary effects of this Act based on the information available at that time. The updated cost estimate report shall include a detailed reestimate of the budgetary effects of this Act for the period 2010 through 2019, as well as information on the budgetary effects for the period 2020 through 2029.

   Inserted: (e) Biennial Submission to Congress.--

   Inserted: (1) In general.--Starting on October 1, 2012, and every 2 years thereafter, through fiscal year 2019, OMB shall submit the following to Congress along with its submission of the upcoming fiscal year budget of the United States Government required pursuant to section 1105 of title 31 of the United States Code:

   Inserted: (A) The updated cost estimate report completed pursuant to subsection (d)(2).

   Inserted: (B) An explanation of any discrepancies between the OMB updated cost estimate report and the updated advisory report prepared by CBO pursuant to subsection (c).

   Inserted: (2) Required information upon savings shortfall.--For a fiscal year in which the amount estimated by OMB in its updated cost estimate report for the period 2010 through 2019 is less than the savings target, OMB shall also submit the following:

   Inserted: (A) Recommendations for increasing actual savings to or above the level of the savings target for years where the amount estimated under the updated cost estimate report is less than the savings target.

   Inserted: (B) An explanation of each recommendation.

   Inserted: (C) Proposed legislative language to carry out such recommendations (OMB proposal).

   Inserted: (D) Any other appropriate information.

   Inserted: (3) Considerations.--In developing and submitting the information required under paragraph (2), the OMB shall, to the extent feasible, give priority to recommendations that--

   Inserted: (A) preserve access to affordable health care;

   Inserted: (B) extend the solvency of the Medicare HI Trust Fund; and

   Inserted: (C) strengthen the long-term viability of the programs created under this Act.

   Inserted: (4) Consultation with the department of health and human services and chief actuary of the centers of medicare and medicaid services.--In carrying out this subsection, OMB shall consult with, including submitting a draft copy of any recommendations and legislation implementing such recommendations to, the Secretary of the Department of Health and Human Services and the Chief Actuary of the Centers of Medicare and Medicaid Services.

   Inserted: (f) Expedited Consideration of OMB Proposal.--

   Inserted: (1) Introduction of omb proposal.--The OMB proposal shall be introduced in the House of Representatives and in the Senate not later than 5 days of session after receipt by the Congress pursuant to subsection (e), by the majority leader of each House of Congress, for himself, the minority leader of each House of Congress, for himself, or any member of the House designated by the majority leader or minority leader. If the OMB proposal is not introduced in accordance with the preceding sentence in either House of Congress, then any Member of that House may introduce the OMB proposal on any day thereafter. Upon introduction, the OMB proposal shall be referred to the relevant committees of jurisdiction.

   Inserted: (2) Committee consideration.--The committees to which the OMB proposal is referred shall report the OMB proposal without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 30 calendar days after the date of introduction of the bill in that House, or the first day thereafter on which that House is in session. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar.

   Inserted: (3) Fast track consideration in house of representatives.--

   Inserted: (A) Proceeding to consideration.--It shall be in order, not later than 7 days of session after the date on which an OMB proposal is reported or discharged from all committees to which it was referred, for the majority leader of the House of Representatives or the majority leader's designee, to move to proceed to the consideration of the OMB proposal. It shall also be in order for any Member of the House of Representatives to move to proceed to the consideration of the OMB proposal at any time after the conclusion of such 7-day period. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the OMB proposal. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

   Inserted: (B) Consideration.--The OMB proposal shall be considered as read. The previous question shall be considered as ordered on the OMB proposal to its passage without intervening motion except 50 hours of debate, including the 2 amendments described in subparagraph (E), equally divided and controlled by the proponent and an opponent. A motion to limit debate shall be in order during such debate. A motion to reconsider the vote on passage of the OMB proposal shall not be in order.

   Inserted: (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 the OMB proposal shall be decided without debate.

   Inserted: (D) Application of house rules.--Except to the extent specifically provided in this paragraph, consideration of an OMB proposal 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 OMB proposal introduced pursuant to the provisions of this subsection under a suspension of the rules pursuant to clause 1 of House Rule XV, or under a special rule reported by the House Committee on Rules.

   Inserted: (E) Amendments.--

   Inserted: (i) In general.--It shall be in order for the majority leader, or his designee, and the minority leader, or his designee, to each offer one amendment in the nature of a substitute to the OMB proposal, provided that any such amendment would not have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided in the OMB proposal, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided in the OMB proposal, unless such amendment makes a reduction in other specific budget outlays related to Federal health expenditures, an increase in other specific Federal revenues related to Federal health expenditures, or a combination thereof, at least equivalent to the sum of any increase in outlays or decrease in revenues provided by such amendment.

   Inserted: (ii) Scoring.--CBO scores of the OMB proposal and any amendment in the nature of a substitute shall be used for the purpose of determining whether such amendment achieves at least the same amount of savings as the OMB proposal.

   Inserted: (iii) Multiple amendments.--If more than 1 amendment is offered under this subparagraph, then each amendment shall be considered separately, and the amendment receiving both an affirmative vote of three-fifths of the Members, duly chosen and sworn, and the highest number of votes shall be the amendment adopted.

   Inserted: (F) Vote on passage.--Immediately following the conclusion of consideration of the OMB proposal, the vote on passage of the OMB proposal shall occur without any intervening action or motion and shall require an affirmative vote of three-fifths of the Members, duly chosen and sworn. If the OMB proposal 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.

   Inserted: (4) Fast track consideration in senate.--

   Inserted: (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 7 days of session after the date on which an OMB proposal is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader's designee to move to proceed to the consideration of the OMB proposal. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the OMB proposal at any time after the conclusion of such 7-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the OMB proposal are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the OMB proposal is agreed to, the OMB proposal shall remain the unfinished business until disposed of.

   Inserted: (B) Debate.--Consideration of an OMB proposal and of all debatable motions and appeals in connection therewith shall not exceed a total of 50 hours. Debate shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on the OMB proposal is in order. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the OMB proposal, including time used for quorum calls and voting, shall be counted against the total 50 hours of consideration.

   Inserted: (C) Amendments.--

   Inserted: (i) In general.--It shall be in order for the majority leader, or his designee, and the minority leader, or his designee, to each offer one amendment in the nature of a substitute to the OMB proposal, provided that any such amendment would not have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided in OMB proposal, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided in the OMB proposal, unless such amendment makes a reduction in other specific budget outlays related to Federal health expenditures, an increase in other specific Federal revenues related to Federal health expenditures, or a combination thereof, at least equivalent to the sum of any increase in outlays or decrease in revenues provided by such amendment.

   Inserted: (ii) Scoring.--CBO scores of the OMB proposal and any amendment in the nature of a substitute shall be used for the purpose of determining whether such amendment achieves at least the same amount of savings as the OMB proposal.

   Inserted: (D) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on the OMB proposal and a single quorum call at the conclusion of the debate if requested. Passage shall require an affirmative vote of three-fifths of the Members, duly chosen and sworn.

   Inserted: (E) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a OMB proposal shall be decided without debate.

   Inserted: (5) Rules to coordinate action with other house.--

   Inserted: (A) Referral.--If, before the passage by 1 House of an OMB proposal of that House, that House receives from the other House an OMB proposal, then such proposal from the other House shall not be referred to a committee and shall immediately be placed on the calendar.

   Inserted: (B) Treatment of omb proposal of other house.--If 1 House fails to introduce or consider a OMB proposal under this section, the OMB proposal of the other House shall be entitled to expedited floor procedures under this section.

   Inserted: (C) Procedure.--

   Inserted: (i) OMB proposal in the senate.--If prior to passage of the OMB proposal in the Senate, the Senate receives an OMB proposal from the House, the procedure in the Senate shall be the same as if no OMB proposal had been received from the House except that--

   Inserted: (I) the vote on final passage shall be on the OMB proposal of the House if it is identical to the OMB proposal then pending for passage in the Senate; or

   Inserted: (II) if the OMB proposal from the House is not identical to the OMB proposal then pending for passage in the Senate and the Senate then passes the Senate OMB proposal, the Senate shall be considered to have passed the House OMB proposal as amended by the text of the Senate OMB proposal.

   Inserted: (ii) Disposition of the omb proposal.--Upon disposition of the OMB proposal received from the House, it shall no longer be in order to consider the OMB proposal originated in the Senate.

   Inserted: (D) Treatment of companion measures in the senate.--If following passage of the OMB proposal in the Senate, the Senate then receives an OMB proposal from the House of Representatives that is the same as the OMB proposal passed by the House, the House-passed OMB proposal shall not be debatable. If the House-passed OMB proposal is identical to the Senate-passed OMB proposal, the vote on passage of the OMB proposal in the Senate shall be considered to be the vote on passage of the OMB proposal received from the House of Representatives. If it is not identical to the House-passed OMB proposal, then the Senate shall be considered to have passed the OMB proposal of the House as amended by the text of the Senate OMB proposal.

   Inserted: (E) Consideration in conference.--Upon passage of the OMB proposal, the Senate shall be deemed to have insisted on its amendment and requested a conference with the House of Representatives on the disagreeing votes of the two Houses, and the Chair be authorized to appoint conferees on the part of the Senate, without any intervening action.

   Inserted: (F) Action on conference reports in senate.--

   Inserted: (i) Motion to proceed.--A motion to proceed to the consideration of the conference report on the OMB proposal may be made even though a previous motion to the same effect has been disagreed to.

   Inserted: (ii) Consideration.--During the consideration in the Senate of the conference report (or a message between Houses) on the OMB proposal, and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith, debate (or consideration) shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report (or a message between Houses) shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report (or a message between Houses).

   Inserted: (iii) Debate if defeated.--If the conference report is defeated, debate on any request for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.

   Inserted: (iv) Amendments in disagreement.--If there are amendments in disagreement to a conference report on the OMB proposal, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.

   Inserted: (G) Vote on conference report in each house.--Passage of the conference in each House shall be by an affirmative vote of three-fifths of the Members of that House, duly chosen and sworn.

   Inserted: (H) Veto.--If the President vetoes the bill debate on a veto message in the Senate under this subsection shall be 1 hour equally divided between the majority and minority leaders or their designees.

   Inserted: (6) Rules of the senate and house of representatives.--This subsection is enacted by Congress--

   Inserted: (A) 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 bill under this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

   Inserted: (B) 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.

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