S.Amdt. 3306Senate111th Congress (2009-2011)2nd degree

To establish a Bipartisan Task Force for Responsible Fiscal Action, to assure the long-term fiscal stability and economic security of the Federal Government of the United States, and to expand future prosperity and growth for all Americans.

Sponsored by Max BaucusSen. Max Baucus (D-MT)
Submitted January 25, 2010

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Considered by Senate. (consideration: CR S211)

January 26, 2010

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Considered by Senate. (consideration: CR S211)

January 26, 2010

Floor

Proposed amendment SA 3306 withdrawn in Senate. (consideration: CR S238)

January 26, 2010

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Senate amendment submitted

January 25, 2010

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Senate amendment proposed (on the floor): Amendment SA 3306 proposed by Senator Baucus to Amendment SA 3299.(consideration: CR S178-179)

January 25, 2010

Floor

Amendment SA 3306 proposed by Senator Baucus to Amendment SA 3299. (consideration: CR S178-179) To establish a Bipartisan Task Force for Responsible Fiscal Action, to assure the long-term fiscal stability and economic security of the Federal Government of the United States, and to expand future prosperity and growth for all Americans.

January 25, 2010

Text

Submitted

SA 3306. Mr. BAUCUS proposed an amendment to amendment SA 3299
proposed by Mr. Baucus (for Mr. Reid) to the joint resolution H.J. Res.
45, increasing the statutory limit on the public debt; as follows:

At the appropriate place, insert the following:
Sec. 1. Short Title.--This Act may be cited as the
``Bipartisan Task Force for Responsible Fiscal Action Act of
2009.''
Sec. 2. Establishment of Task Force.--Title III of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is
amended by adding at the end the following new section:

``ESTABLISHMENT OF TASK FORCE FOR RESPONSIBLE FISCAL ACTION

``Sec. 316. (a) Definitions.--In this section:
``(1) Task force.--The term ``Task Force'' means the
Bipartisan Task Force for Responsible Fiscal Action
established under subsection (b)(1).
``(2) Task force bill.--The term ``Task Force bill'' means
a bill consisting of the proposed legislative language of the
Task Force recommended under subsection (b)(3)(B) and
introduced under subsection (e)(1).
``(3) Fiscal imbalance.--The term ``fiscal imbalance''
means the gap between the projected revenues and expenditures
of the Federal Government.
``(b) Establishment of Task Force.--
``(1) Establishment.--There is established in the
legislative branch a task force to be known as the
``Bipartisan Task Force for Responsible Fiscal Action''.
``(2) Purposes.--
``(A) Review.--The Task Force shall review the fiscal
imbalance of the Federal Government, including--
``(i) analyses of projected Federal expenditures;
``(ii) analyses of projected Federal revenues; and
``(iii) analyses of the current and long-term actuarial
financial condition of the Federal Government.
``(B) Identify factors.--The Task Force shall identify
factors that affect the long-term fiscal imbalance of the
Federal Government.
``(C) Analyze potential courses of action.--The Task Force
shall analyze potential courses of action to address factors
that affect the long-term fiscal imbalance of the Federal
Government.
``(D) Provide recommendations and legislative language.--
The Task Force shall provide recommendations and legislative
language that will significantly improve the long-term fiscal
imbalance of the Federal Government, including
recommendations addressing--
``(i) Federal expenditures;
``(ii) Federal revenues; and
``(iii) the current and long-term actuarial financial
condition of the Federal Government.
``(E) Priority to eliminating waste.--The Task Force shall
give priority to reducing or eliminating waste, fraud, abuse,
and the nonpayment of taxes already owed.
``(3) Duties.--
``(A) In general.--The Task Force shall address the
Nation's long-term fiscal imbalances, consistent with the
purposes described in paragraph (2), and shall submit the
report and recommendations required under subparagraph (B).
``(B) Report, recommendations, and legislative language--
``(i) In general.--Not earlier than November 3, 2010, and
not later than November 9, 2010, the Task Force shall vote on
a report that contains--
``(I) a detailed statement of the findings, conclusions,
and recommendations of the Task Force;
``(II) the assumptions, scenarios, and alternatives
considered in reaching such findings, conclusions, and
recommendations; and
``(III) proposed legislative language to carry out such
recommendations as described in paragraph (2)(D).
``(ii) Approval of report.--The report of the Task Force
submitted under clause (i) shall require the approval of not
fewer than 14 of the 18 members of the Task Force.
``(iii) Additional Views.--A member of the Task Force who
gives notice of an intention to file supplemental, minority,
or additional views at the time of final Task Force approval
of the report under clause (ii), shall be entitled to not
less than 3 calendar days in which to file such views in
writing with the staff director of the Task Force. Such views
shall then be included in the Task Force report and printed
in the same volume, or part thereof, and their inclusion
shall be noted on the cover of the report. In the absence of
timely notice, the Task Force report may be printed and
transmitted immediately without such views.
``(iv) Transmission of Report.--No later than November 15,
2010, the Task Force shall submit the Task Force bill and
final report to the President, the Vice President, the
Speaker of the House, and the majority and minority leaders
of both Houses.
(v) Report to be made public.--Upon the approval or
disapproval of the Task Force report pursuant to clause (ii),
the Task Force shall promptly make the full report, and a
record of the vote, available to the public.
``(4) Memebership.--
``(A) In general.--The Task Force shall be composed of 18
members designated pursuant to subparagraph (B).
``(B) Designation.--Members of the Task Force shall be
designated as follows:
``(i) The President shall designate 2 members, one of whom
shall be the Secretary of the Treasury, and the other of whom
shall be an officer of the executive branch.
``(ii) The majority leader of the Senate shall designate 4
members from among Members of the Senate.
``(iii) The minority leader of the Senate shall designate 4
members from among Members of the Senate.
``(iv) The Speaker of the House of Representatives shall
designate 4 members from among Members of the House of
Representatives.
``(v) The minority leader of the House of Representatives
shall designate 4 members from among Members of the House of
Representatives.

[[Page S201]]

``(C) Co-chairs.--
``(i) In general.--There shall be 2 Co-Chairs of the Task
Force. The President, majority leader of the Senate, and
Speaker of the House shall designate one Co-Chair among the
members of the Task Force. The minority leader of the Senate
and minority leader of the House shall designate the second
Co-Chair among the members of the Task Force. The Co-Chairs
shall be appointed not later than 14 days after the date of
enactment of this section.
``(ii) Staff director.--The Co-Chairs, acting jointly,
shall hire the staff director of the Task Force.
``(D) Date.--Members of the Task Force shall be designated
by not later than 14 days after the date of enactment of this
section.
``(E) Period of designation.--Members shall be designated
for the life of the Task Force. Any vacancy in the Task Force
shall not affect its powers, but shall be filled not later
than 14 days after the date on which the vacancy occurs in
the same manner as the original designation.
``(F) Compensation.--Members of the Task Force shall serve
without any additional compensation for their work on the
Task Force. However, members may be allowed travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code, while
away from their homes or regular places of business in
performance of services for the Task Force.
``(5) Administration.--
``(A) Authority to establish rules and regulations.--The
Co-Chairs, in consultation with the other members of the Task
Force, may establish rules and regulations for the conduct of
Task Force business, if such rules and regulations are not
inconsistent with this section or other applicable law.
``(B) Quorum.--Fourteen members of the Task Force shall
constitute a quorum for purposes of voting, meeting, and
holding hearings.
(C) Voting.--
(i) Proxy voting.--No proxy voting shall be allowed on
behalf of the members of the Task Force.
``(ii) Report, recommendations and legislative language--
``(I) Dates.--The Task Force may not vote on any version of
the report, recommendations, or legislative language before
the timing provided for in paragraph (3)(B)(i).
``(II) Congressional budget office and joint committee on
taxation estimates.--The Congressional Budget Office and
Joint Committee on Taxation shall provide estimates of the
Task Force report and recommendations (as described in
subsection (b)(2)(D)) in accordance with section 308(a) and
201(f) of the Congressional Budget Act of 1974. The Task
Force may not vote on any version of the report,
recommendations, or legislative language unless a final
estimate is available for consideration by all the members at
least 72 hours prior to the vote.
``(D) Meetings.--
``(i) Initial meeting.--Not later than 45 days after the
date of enactment of this section, the Task Force shall hold
its first meeting.
``(ii) Meetings.--The Task Force shall meet at the call of
the Co-Chairs or at least 10 of its members.
``(iii) Agenda.--An agenda shall be provided to the Task
Force members at least 1 week in advance of any meeting. Task
Force members who want to have items placed on the agenda for
consideration shall notify the staff director as early as
possible, but not less than 48 hours in advance of a
scheduled meeting.
``(E) Hearings.--
``(i) In general.--Subject to subparagraph (G), the Task
Force may, for the purpose of carrying out this section, hold
such hearings, sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths the Task Force considers advisable.
``(ii) Hearing procedures and responsibilities of co-
chairs.--
``(I) Announcement.--The Task Force Co-Chairs shall make
public announcement of the date, place, time, and subject
matter of any hearing to be conducted at least 1 week in
advance of such hearing, unless the Co-Chairs determine that
there is good cause to begin such hearing at an earlier date.
``(II) Written statement.--A witness appearing before the
Task Force shall file a written statement of proposed
testimony at least 2 days prior to appearance, unless the
requirement is waived by the Co-Chairs, following their
determination that there is good cause for failure of
compliance.
``(F) Technical assistance.--Upon written request of the
Co-Chairs, a Federal agency shall provide technical
assistance to the Task Force in order for the Task Force to
carry out its duties.
``(G) Information.--
``(i) Resources.--
``(I) In general.--Notwithstanding section 1108 of title
31, United States Code, the Task Force shall have authority
to access assistance, materials, resources, statistical data,
and other information the Task Force determines to be
necessary to carry out its duties directly from an officer or
employee of any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, including the Library of
Congress, the Chief Actuary of the Social Security
Administration, the Chief Actuary of the Centers for Medicare
& Medicaid Services, the Congressional Budget Office, the
Department of the Treasury, the Department of Health and
Human Services, the Office of Management and Budget, the
Government Accountability Office, and the Joint Committee on
Taxation. Each agency or instrumentality shall, to the extent
permitted by law, furnish such information to the Task Force
upon written request of the Co-Chairs.
``(II) Copies supplied.--Copies of written requests and all
written or electronic responses provided under this clause
shall be provided to the staff director and shall be made
available for review by all members of the Task Force upon
request.
``(ii) Receipt, handling, storage, and dissemination of
information.--Information shall only be received, handled,
stored, and disseminated by members of the Task Force and its
staff consistent with all applicable statutes, regulations,
and Executive orders.
``(iii) Limitation of access to tax information.--
Information accessed under this subparagraph shall not
include tax data from the United States Internal Revenue
Service, the release of which would otherwise be in violation
of law.
``(H) Postal services.--The Task Force may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
``(I) Assistance from federal agencies.--
``(i) General services administration.--Upon the request of
the Co-Chairs of the Task Force, the Administrator of General
Services shall provide to the Task Force, on a reimbursable
basis, the administrative support services necessary for the
Task Force to carry out its responsibilities under this
section. These administrative services may include human
resources management, budget, leasing, accounting, and
payroll services.
``(ii) Other departments and agencies.--In addition to the
assistance prescribed in clause (i), departments and agencies
of the United States may provide to the Task Force such
services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
``(J) Contract authority.--The Task Force is authorized to
enter into contracts with Federal and State agencies, private
firms, institutions, and individuals for the conduct of
activity necessary to the discharge of its duties and
responsibilities. A contract, lease, or other legal
agreement entered into by the Task Force may not extend
beyond the date of the termination of the Task Force.
``(c) Staff of Task Force.--
``(1) Appointment and compensation of shared staff.--The
Co-Chairs may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to
enable the Task Force to carry out its functions, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, but at
rates not to exceed the daily rate paid a person occupying a
position at level III of the Executive Schedule under section
5314 of title 5, United States Code.
``(2) Additional staff for task force members.--Each member
of the Task Force may appoint up to 2 additional dedicated
staff and fix the compensation of such dedicated personnel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, but
at rates not to exceed the daily rate paid a person occupying
a position at level III of the Executive Schedule under
section 5314 of title 5, United States Code. Dedicated staff
shall report to each appointing member.
``(3) Personnel as federal employees.--
``(A) In general.--The staff director and any personnel of
the Task Force who are employees shall be employees under
section 2105 of title 5, United States Code, for purposes of
chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
``(B) Members of task force.--Subparagraph (A) shall not be
construed to apply to members of the Task Force.
``(4) Outside consultants.--No outside consultants or other
personnel, either by contract, detail, volunteer, or through
a remunerative agreement, may be hired without the approval
of the Co-Chairs.
``(5) Detailees.--With the approval of the Co-Chairs any
Federal Government employee may be detailed to the Task Force
with or without reimbursement from the Task Force, and such
detailee shall retain the rights, status, and privileges of
his or her regular employment without interruption.
Reimbursable amounts may include the fair value of equipment
and supplies used by the detailee in support of the Task
Force's activities. For the purpose of this paragraph,
Federal Government employees shall include employees of the
legislative branch.
``(6) Consultant services.--The Co-Chairs of the Task Force
are authorized to procure the services of experts and
consultants in accordance with section 3109 of title 5,
United States Code, but at rates not to exceed the daily rate
paid a person occupying a position at level III of the
Executive Schedule under section 5316 of title 5, United
States Code.
``(7) Temporary and intermittent services.--The Co-Chairs
of the Task Force may procure temporary and intermittent
services under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level III of the Executive Schedule under section 5316 of
such title.
``(8) Volunteer services.--

[[Page S202]]

``(A) In general.--Notwithstanding the provisions of
section 1342 of title 31, United States Code, the Co-Chairs
of the Task Force are authorized to accept and utilize the
services of volunteers serving without compensation. The Task
Force may reimburse such volunteers for local travel and
office supplies, and for other travel expenses, including per
diem in lieu of substance, as authorized by section 5703 of
title 5, United States Code.
``(B) Employee status.--A person providing volunteer
services to the Task Force shall be considered an employee of
the Federal Government in the performance of those services
for the purposes of Chapter 81 of title 5, United States
Code, relating to compensation for work-related injuries,
chapter 171 of title 28, United States Code, relating to tort
claims and chapter 11 of title 18, United States Code,
relating to conflicts of interests.
``(C) Ethical guidelines for staff.--In the absence of
statutorily defined coverage, the staff, including staff
director, shall follow the ethical rules and guidelines of
the Senate. Staff coming from the private sector or outside
public government may petition the Co-Chairs for a waiver
from provisions of Senate Ethics rules.
``(9) Advisory panel.--The Task Force may establish an
advisory panel consisting of volunteers with knowledge and
expertise relevant to the Task Force's purpose. Membership of
the Advisory Panel, and the scope of the Panel's activities,
shall be decided by the Co-Chairs in consultation with the
other members of the Task Force.
``(d) Termination.--
``(1) In general.--The Task Force shall terminate on the
date that is 90 days after the Task Force submits the report
required under paragraph (b)(3)(B).
``(2) Concluding activities.--The Task Force may use the
90-day period referred to in paragraph (1) for the purpose of
concluding its activities, including providing testimony to
committees of Congress concerning its report and
disseminating the final report.
``(e) Consideration of Task Force Recommendations.--
``(1) Introduction of task force bill.--The proposed
legislative language contained in the report submitted
pursuant to subsection (b)(3)(B), upon receipt by the
Congress, shall be introduced in the Senate and in the House
of Representatives by the majority leader of each House of
Congress (by request), or by any member or members of that
House designated by the majority leader. If the Task Force
bill is not introduced in accordance with the preceding
sentence in either House of Congress within 5 days on which
that House is in session after receipt, then any member of
that House may introduce the Task Force bill on any day
thereafter. Upon introduction, the Task Force bill shall be
referred to the appropriate committees under paragraph (2).
``(2) Committee consideration.--A Task Force bill
introduced in either House of Congress shall be referred to
the appropriate committee or committees of jurisdiction under
the rules of that House.
``(3) Procedures.--
``(A) Consideration in house of representatives.--
Notwithstanding any other provision of law, consideration of
a Task Force bill shall be governed by the Rules of the House
of Representatives, and no expedited procedures shall apply.
``(B) Consideration in senate.--Notwithstanding any other
provision of law, consideration of a Task Force bill shall be
governed by the Standing Rules of the Senate, and no
expedited procedures shall apply.''

SEC. 3. FUNDING.

From the amounts appropriated or made available and
remaining unobligated under division A (other than under
title X of division A) of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), there is
rescinded pro rata an aggregate amount equal to $9,000,000,
which amount shall be made available without need for further
appropriation to the Bipartisan Task Force for Responsible
Fiscal Action to carry out the purposes of the Bipartisan
Task Force for Responsible Fiscal Action, and which shall
remain available through fiscal year 2011. Not later than 14
days after the date of enactment of this section, the
Director of the Office of Management and Budget shall
administer the rescission and make available such amount to
the Bipartisan Task Force for Responsible Fiscal Action.
______