S.Amdt. 4903Senate114th Congress (2015-2017)
S.Amdt. 4903
Sponsored by
Sen. Robert Menendez (D-NJ)
Submitted June 28, 2016
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Senate amendment submitted
June 28, 2016
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Senate amendment submitted
June 28, 2016
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Senate amendment submitted
June 28, 2016
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Submitted
SA 4903. Mr. MENENDEZ submitted an amendment intended to be proposed by him to the bill S. 2328, to reauthorize and amend the National Sea Grant College Program Act, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 37, strike 16 and all that follows through page 63, line 5. SEC. 201. DEVELOPMENT AND APPROVAL OF FISCAL PLANS. (a) In General.--Not later than the date that is 60 days before the date on which the Governor of an applicable covered territory is required under applicable law to submit to the legislature of the applicable covered territory a proposed budget for the upcoming fiscal year, the Governor, in consultation with the Chief Financial Officer, shall develop and submit to the Board and applicable territorial government a Fiscal Plan for the applicable territorial government in accordance with this section. (b) Initial Fiscal Plan.--The Governor of an applicable covered territory in consultation with the Chief Financial Officer shall develop an initial Fiscal Plan in accordance with subsection (a) within 90 days of the Governor of the applicable covered territory signing a resolution adopted by the legislature of the territory to request the establishment of a Fiscal Stability and Reform Board under this subtitle, or not later than the date that is 60 days before the date on which the Governor of the applicable covered territory is required under applicable law to submit to the legislature of the applicable covered territory a proposed budget for the upcoming fiscal year, whichever comes chronologically first. (c) Requirements.-- (1) In general.--A Fiscal Plan shall, to the maximum extent practicable, with respect to the applicable territorial government-- (A) provide for estimates of revenues and expenditures in accordance with modified accrual accounting standards and based on-- (i) applicable laws; or (ii) specific laws that require enactment in order to reasonably achieve the projections of the Fiscal Plan; (B) ensure the funding of essential public services; (C) provide full funding to cover all existing public pension obligations; (D) provide for the elimination of budget gaps in financing; (E) provide for a reduction in the debt burden to a level that is sustainable; (F) improve fiscal governance; (G) enable the achievement of fiscal targets; (H) create independent forecasts of revenue for the period covered by the Fiscal Plan; and (I) not impede investments to promote sustained economic growth. (2) Term.--A Fiscal Plan shall be in effect for a period of not less than 5 years. (3) Transparency.--A Fiscal Plan shall be made publicly available no less than 15 days after final approval as specified within subsection (d). (d) Approval by Board.-- (1) Requirement.--The Governor of a covered territory shall not submit to the legislature of the applicable covered territory an annual budget for a fiscal year unless the Fiscal Plan has been approved for that fiscal year in accordance with this subsection. (2) Approval.--Not later than the date that is 15 days after the date on which the Governor submits a Fiscal Plan to the Board under subsection (a), the Board shall-- (A) certify the Fiscal Plan; or (B) fail to certify the Fiscal Plan and provide to the Governor recommendations for revisions to the Fiscal Plan. (3) Revised fiscal plan.-- (A) In general.--Not later than the date that is 15 days after the date on which the Board submits recommendations to the Governor under paragraph (2)(B), the Governor shall submit to the Board a revised Fiscal Plan. (B) Approval; disapproval.--Not later than the date that is 7 days after the date on which the Governor submits to the Board a revised Fiscal Plan under subparagraph (A), the Board shall-- (i) certify the revised Fiscal Plan; or (ii) disapprove the revised Fiscal Plan. (4) Development by board.--If the Governor of a covered territory fails to submit to the Board a revised Fiscal Plan on or before the date specified in paragraph (3)(A), the Board shall develop and submit to the Governor a final revised Fiscal Plan not later than the date that is 22 days after the date on which recommendations are provided to the Governor under paragraph (2)(B). SEC. 202. REVIEW OF BUDGETS. (a) Budget Proposed by Governor.-- (1) Submission to board.--The Governor of the applicable covered territory shall submit to the Board for review a proposed budget for each fiscal year by not later than the earlier of-- [[Page S4668]] (A) the date that is 120 days before the first day of the fiscal year covered by the proposed budget; and (B) the date that is 60 days before the date by which the Governor is required under applicable law to submit to the legislature of the applicable covered territory a proposed budget for the applicable fiscal year. (2) Determination of compliant budget.--Not later than the date that is 15 days after the date on which a Board receives a proposed budget under paragraph (1), the Board shall-- (A) determine whether the proposed budget is a compliant budget; and (B)(i) if the proposed budget is a compliant budget-- (I) approve the compliant budget; and (II) submit the compliant budget to the legislature of the applicable covered territory; or (ii) if the proposed budget is not a compliant budget, provide to the Governor of the applicable covered territory-- (I) a notice of violation that includes a description of any corrective action suggested by the Board; and (II) an opportunity to correct the violation by requiring the Governor to submit to the Board a revised budget by not later than the date that is 15 days after the date on which the notice of violation under subclause (I) is provided. (3) Revised budgets.--Not later than the date that is 7 days after the date on which the Board receives a revised budget under paragraph (2)(B)(ii)(II), the Board shall-- (A) determine whether the revised budget is a compliant budget; and (B)(i) if the revised budget is a compliant budget-- (I) approve the compliant budget; and (II) submit the compliant budget to the legislature of the applicable covered territory; or (ii) if the revised budget is not a compliant budget-- (I) issue a notice of noncompliance; (II) publicly submit recommendations of the Board for adjustments that should be made to ensure the adopted budget of the territorial government for the applicable fiscal year is a compliant budget; (III) submit the noncompliant budget to the legislature of the applicable covered territory with recommendations of the Board for adjustments that should be made to ensure the adopted budget of the territorial government for the applicable fiscal year is a complaint budget; and (IV) issue a directive that the legislature shall strive to adopt the Board's recommendations in the budget of the territorial government for the applicable fiscal year. (b) Budget Approval by Legislature.-- (1) In general.--The legislature of the applicable covered territory shall submit to the Board the budget adopted by the legislature not later than-- (A) the date that is 30 days before the first day of each applicable fiscal year; or (B) the date previously approved in writing by the Board not to exceed 60 days after the first day of the applicable fiscal year, if a date was approved in writing. (2) Determination by board.--Not later than the date that is 7 days after the date on which the Board receives an adopted budget submitted under paragraph (1), the Board shall-- (A) determine whether the adopted budget is a compliant budget; and (B)(i) if the adopted budget is a compliant budget, issue a compliance certification for the compliant budget; or (ii) if the budget is not a compliant budget-- (I) issue a certificate of noncompliance; (II) publicly submit recommendations of the Board for adjustments that should be made to the budget of the territorial government for the upcoming fiscal year to ensure the revenues and expenditures are consistent with the Fiscal Plan; (III) provide to the Governor and legislature of the applicable covered territory a certificate of noncompliance that includes a description of any recommendations of the Board for adjustments that should be made to the budget of the territorial government for the upcoming fiscal year to ensure the revenues and expenditures are consistent with the Fiscal Plan; and (IV) issue a directive that the Governor and the legislature shall strive to adopt the Board's recommendations in the budget of the territorial government for the upcoming fiscal year. On page 66, strike lines 1 through 12. ______