Concurrent Resolution on the Budget for Fiscal Year 2010/Title IV/Subtitle B

SUBTITLE B — HOUSE ENFORCEMENT PROVISIONS

Sec. 421. Adjustments for Direct Spending and Revenues.

(a) Adjustments for Current Policy.—

(1) In General.—

For the policies set forth in and not to exceed the amounts in paragraph (2), and subject to the condition specified in paragraph (3), when the chairman of the House Committee on the Budget evaluates the budgetary effects of any provision in a bill, joint resolution, amendment, or conference report for the purposes of the Congressional Budget Act of 1974, this concurrent resolution, or the Rules of the House of Representatives relative to baseline estimates consistent with section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985, he may exclude from his evaluation the budgetary effects of such provisions if such effects would have been reflected in a baseline adjusted for current policy.

(2) Policies and Amounts.—

Paragraph (1) shall apply only to the following provisions:

(A) Medicare Improvements.—

An increase in the deficit of not to exceed $38,000,000,000 in fiscal years 2010 through 2014 and of not to exceed $38,000,000,000 in fiscal years 2010 through 2019 by reforming the Medicare payment system for physicians to—

(i) change incentives to encourage efficiency and higher quality care in a way that supports fiscal sustainability;

(ii) improve payment accuracy to encourage efficient use of resources and ensure that primary care receives appropriate compensation;

(iii) improve coordination of care among all providers serving a patient in all appropriate settings; or

(iv) hold providers accountable for their utilization patterns and quality of care.

(B) Middle Class Tax Relief.—

A decrease in revenues (or increase in outlays, as appropriate) of an amount not to exceed $512,165,000,000 in fiscal years 2010 through 2014 and of an amount not to exceed $1,294,476,000,000 in fiscal years 2010 through 2019, resulting from extending certain provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003 for middle class tax relief, including—

(i) the 10 percent individual income tax bracket;

(ii) marriage penalty relief;

(iii) the child credit at $1,000 and partial refundability of the credit;

(iv) education incentives;

(v) other incentives for middle class families and children;

(vi) other reductions to individual income tax brackets; and

(vii) small business tax relief.

(C) Reform of the Alternative Minimum Tax.—

A decrease in revenues of an amount not to exceed $214,433,000,000 in fiscal years 2010 through 2014 and fiscal years 2010 through 2019 resulting from reform of the AMT so that tens of millions of working families will not become subject to it.

(D) Reform of the Estate and Gift Tax.—

A decrease in revenues of an amount not to exceed $72,033,000,000 in fiscal years 2010 through 2014 and of an amount not to exceed $256,244,000,000 in fiscal years 2010 through 2019 resulting from reform of the Estate and Gift Tax so that only a minute fraction of estates owe tax, by extending the law as in effect for 2009 for the Estate and Gift Tax.

(3) Condition.—

Subsection (a) shall apply only if the House of Representatives has previously passed a bill to impose statutory pay-as-you-go requirements or the measure containing the provision being evaluated by the chairman of the House Committee on the Budget imposes such requirements and such bill is designated as providing statutory pay-as-you-go-requirements under this subsection.

(4) Revisions.—

The chairman of the House Committee on the Budget may revise or adjust the allocations, aggregates, and other appropriate levels in this resolution to reflect current policy adjustments made pursuant to this section.

(b) Deposit Insurance.—

When the chairman of the House Committee on the Budget evaluates the budgetary effects of a provision of a bill, joint resolution, amendment, or conference report for the purposes of the Congressional Budget Act of 1974, this resolution, or the Rules of the House of Representatives, the chairman shall exclude the budgetary effects of any provision that affects the full funding of the deposit insurance guarantee commitment in effect on the date of enactment of Public Law 110-343, the Emergency Economic Stabilization Act of 2008.

Sec. 422. Adjustments to Discretionary Spending Limits.

(a) Program Integrity Initiatives.—

(1) Social Security Administration Program Integrity Initiatives.—

(A) In General.—

In the House, prior to consideration of any bill, joint resolution, amendment, or conference report making appropriations for fiscal year 2010 that appropriates $273,000,000 for continuing disability reviews and Supplemental Security Income redeterminations for the Social Security Administration and (except as provided in subparagraph (B)) provides an additional appropriation of up to $485,000,000, and that amount is designated for continuing disability reviews and Supplemental Security Income redeterminations for the Social Security Administration, the allocation to the House Committee on Appropriations shall be increased by the amount of the additional budget authority and outlays resulting from that budget authority for fiscal year 2010.

(B) Asset Verification.—

The additional appropriation of $485,000,000 may also provide that a portion of that amount, not to exceed $34,000,000, instead may be used for asset verification for Supplemental Security Income recipients, but only if and to the extent that the Office of the Chief Actuary estimates that the initiative would be at least as cost effective as the redeterminations of eligibility described in subparagraph (A).

(2) Internal Revenue Service Tax Compliance.—

In the House, prior to consideration of any bill, joint resolution, amendment, or conference report making appropriations for fiscal year 2010 that appropriates $4,904,000,000 to the Internal Revenue Service for Enforcement and provides an additional appropriation of up to $600,000,000 for Enforcement to address the Federal tax gap, and provides that such sums as may be necessary shall be available from the Operations Support account in the Internal Revenue Service to fully support these Enforcement activities, the allocation to the House Committee on Appropriations shall be increased by the amount of the additional budget authority and outlays resulting from that budget authority for fiscal year 2010.

(3) Health Care Fraud and Abuse Control Program.—

In the House, prior to consideration of any bill, joint resolution, amendment, or conference report making appropriations for fiscal year 2010 that appropriates up to $311,000,000, and the amount is designated to the health care fraud and abuse control program at the Department of Health and Human Services, the allocation to the House Committee on Appropriations shall be increased by the amount of additional budget authority and outlays resulting from that budget authority for fiscal year 2010.

(4) Unemployment Insurance Program Integrity Activities.—

In the House, prior to consideration of any bill, joint resolution, amendment, or conference report making appropriations for fiscal year 2010 that appropriates $10,000,000 for in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews for the Department of Labor and provides an additional appropriation of up to $50,000,000, and the amount is designated for in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews for the Department of Labor, the allocation to the House Committee on Appropriations shall be increased by the amount of additional budget authority and outlays resulting from that budget authority for fiscal year 2010.

(5) Procedure for Adjustments.—

Prior to consideration of any bill, joint resolution, amendment, or conference report, the chairman of the House Committee on the Budget shall make the adjustments set forth in this subsection for the incremental new budget authority in that measure and the outlays resulting from that budget authority if that measure meets the requirements set forth in this subsection.

(b) Low-Income Home Energy Assistance Program (LIHEAP).—

In the House, prior to consideration of any bill, joint resolution, amendment, or conference report making appropriations for fiscal year 2010 that appropriates $3,200,000,000 in funding for the Low-Income Home Energy Assistance Program and provides additional appropriations of up to $1,900,000,000 for that program, if a mandatory trigger for LIHEAP is not enacted, the chairman of the House Committee on the Budget may allocate such additional budget authority and outlays resulting from that budget authority to the House Committee on Appropriations.

(c) Revised Appropriations for Fiscal Year 2010.—

(1) In General.—

If after adoption of this resolution by the Congress, the President submits his budget pursuant to section 1105(a) of title 31, United States Code, and the Congressional Budget Office (CBO) re-estimates the budget, the chairman of the House Committee on the Budget may adjust the discretionary spending limits, budgetary aggregates, and the allocation to the House Committee on Appropriations by the aggregate difference for discretionary appropriations and related outlays between the CBO re-estimate and the President’s Budget.

(2) Suballocations.—

Following any adjustment under subparagraph (A), the House Committee on Appropriations may report appropriately revised suballocations pursuant to section 302(b) of the Congressional Budget Act of 1974 to carry out this paragraph.

Sec. 423. Costs of Overseas Deployments and Emergency Needs.

(a) Overseas Deployments and Other Activities.—

(1) In the House, if any bill, joint resolution, amendment, or conference report makes appropriations for fiscal year 2009 or fiscal year 2010 for overseas deployments and other activities and such amounts are so designated pursuant to this paragraph, then the allocation to the House Committee on Appropriations may be adjusted by the amounts provided in such legislation for that purpose up to the amounts of budget authority specified in section 104(21) for fiscal year 2009 or fiscal year 2010 and the new outlays resulting therefrom.

(2) In the House, if any bill, joint resolution, amendment, or conference report makes appropriations for fiscal year 2009 or fiscal year 2010 for overseas deployments and other activities above the amounts of budget authority and new outlays specified in paragraph (1) and such amounts are so designated pursuant to this paragraph, then new budget authority, outlays, or receipts resulting therefrom shall not count for the purposes of the Congressional Budget Act of 1974 or this resolution.

(b) Emergency Needs.—

If any bill, joint resolution, amendment, or conference report makes appropriations for discretionary amounts and such amounts are designated as necessary to meet emergency needs pursuant to this subsection, then new budget authority and outlays resulting therefrom shall not count for the purposes of the Congressional Budget Act of 1974 or this resolution.

Sec. 424. Point of Order Against Advance Appropriations.

(a) In General.—

In the House, except as provided in subsection (b), any bill, joint resolution, amendment, or conference report making a general appropriation or continuing appropriation may not provide for advance appropriations.

(b) Exceptions.—

Advance appropriations may be provided—

(1) for fiscal year 2011 for programs, projects, activities, or accounts identified in the joint explanatory statement of managers to accompany this resolution under the heading “Accounts Identified for Advance Appropriations” in an aggregate amount not to exceed $28,852,000,000 in new budget authority, and for 2012, accounts separately identified under the same heading; and

(2) for the Department of Veterans Affairs for the Medical Services, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration.

(c) Definition.—

In this section, the term “advance appropriation” means any new discretionary budget authority provided in a bill or joint resolution making general appropriations or any new discretionary budget authority provided in a bill or joint resolution making continuing appropriations for fiscal year 2010 that first becomes available for any fiscal year after 2010.

Sec. 425. Oversight of Government Performance.

In the House, all committees are directed to conduct rigorous oversight hearings to root out waste, fraud, and abuse in all aspects of Federal spending and Government operations, giving particular scrutiny to issues raised by the Federal Office of the Inspector General or the Comptroller General of the United States. Based upon these oversight efforts, the committees are directed to make recommendations to reduce wasteful Federal spending to promote deficit reduction and long-term fiscal responsibility. Such recommendations should be submitted to the House Committee on the Budget in the views and estimates reports prepared by committees as required under 301(d) of the Congressional Budget Act of 1974.

Sec. 426. Budgetary Treatment of Certain Discretionary Administrative Expenses.

(a) In General.—

In the House, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974, section 13301 of the Budget Enforcement Act of 1990, and section 4001 of the Omnibus Budget Reconciliation Act of 1989, the joint explanatory statement accompanying the conference report on any concurrent resolution on the budget shall include in its allocation under section 302(a) of the Congressional Budget Act of 1974 to the House Committee on Appropriations amounts for the discretionary administrative expenses of the Social Security Administration and of the Postal Service.

(b) Special Rule.—

For purposes of applying section 302(f) of the Congressional Budget Act of 1974, estimates of the level of total new budget authority and total outlays provided by a measure shall include any off-budget discretionary amounts.

Sec. 427. Application and Effect of Changes in Allocations and Aggregates.

(a) Application.—

In the House, any adjustments of allocations and aggregates made pursuant to this resolution shall—

(1) apply while that measure is under consideration;

(2) take effect upon the enactment of that measure; and

(3) be published in the Congressional Record as soon as practicable.

(b) Effect of Changed Allocations and Aggregates.—

Revised allocations and aggregates resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 as allocations and aggregates included in this resolution.

(c) Budget Committee Determinations.—

For purposes of this resolution, the levels of new budget authority, outlays, direct spending, new entitlement authority, revenues, deficits, and surpluses for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the House Committee on the Budget.

(d) Adjustments.—

The chairman of the House Committee on the Budget may adjust the aggregates, allocations, and other levels in this resolution for legislation which has received final Congressional approval in the same form by the House of Representatives and the Senate, but has yet to be presented to or signed by the President at the time of final consideration of this resolution.

Sec. 428. Adjustments to Reflect Changes in Concepts and Definitions.

Upon the enactment of any bill or joint resolution providing for a change in budgetary concepts or definitions, the chairman of the House Committee on the Budget shall adjust any appropriate levels and allocations in this resolution accordingly.

Sec. 429. Exercise of Rulemaking Powers.

The House adopts the provisions of this subtitle—

(1) as an exercise of the rulemaking power of the House of Representatives and as such they shall be considered as part of the rules of the House, and these rules shall supersede other rules only to the extent that they are inconsistent with other such rules; and

(2) with full recognition of the constitutional right of the House of Representatives to change those rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives.