Retains (eliminates the expiration of) certain budget enforcement mechanisms.
Retains (eliminates the expiration of) pay-as-you-go.
Amends the Congressional Budget Act of 1974 concerning legislation which: (1) evades specified budget enforcement mechanisms; (2) provides direct spending (to be included in the Congressional Budget Office (CBO) analysis (scoring); and (3) is unreported by committee (for purposes of budget point of order rules).
Limits the adjustment required to the discretionary spending limits in new budget authority for FY 2003 when new budget authority to prosecute the war on terrorism is enacted.
Requires reports on legislation which provide new budget, spending, or credit authority or otherwise provide an increase or decrease in revenues or tax expenditures to include a projection by CBO of the cost of debt servicing (interest).
Amends the Congressional Budget and Impoundment Control Act of 1974 to address issues of emergency spending through: (1) establishing criteria and guidelines; (2) the inclusion of a reserve fund in the President's Budget; and (3) requiring a separate House vote on an emergency designation.
Amends the Rules of the House of Representatives concerning: (1) budget compliance statements (permitting inclusion of budgetary implications); and (2) justification for budget act waivers (inclusion required for bill consideration).
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4593 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4593
To amend the Balanced Budget and Emergency Deficit Control Act of 1985
and the Congressional Budget Act of 1974 to extend the discretionary
spending caps and the pay-as-you-go requirement, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2002
Mr. Hill (for himself, Mr. Matheson, Mr. Turner, Mr. Stenholm, Mr.
Boyd, Mr. Moore, Mr. Tanner, Mr. Berry, Mr. Holden, Mr. Ross, Mr.
Bishop, and Mr. Schiff) introduced the following bill; which was
referred to the Committee on the Budget, and in addition to the
Committee on Rules, 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 amend the Balanced Budget and Emergency Deficit Control Act of 1985
and the Congressional Budget Act of 1974 to extend the discretionary
spending caps and the pay-as-you-go requirement, 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.
This Act may be cited as the ``Assuring Honesty and Accountability
Act of 2002''.
SEC. 2. EXTENSION OF THE DISCRETIONARY SPENDING CAPS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in paragraph (7) (relating to fiscal year 2003) by
redesignation subparagraphs (A), (B), (C), as subparagraphs
(C), (D), and (E) respectively, and by inserting before
subparagraph (C) (as redesignated) the following:
``(A) for the defense category: $392,742,000,000,
in new budget authority and $374,865,000,000 in
outlays;
``(B) for the nondefense category:
$366,354,000,000, in new budget authority and
$406,810,000,000 in outlays;'';
(2) in paragraph (8), strike ``(8) with respect to fiscal
year 2004'', redesignate the remaining matter as subparagraph
(C), and before such redesignated matter insert the following:
``(8) with respect to fiscal year 2004--
``(A) for the defense category: $400,502,000,000,
in new budget authority and $389,942,000,000 in
outlays;
``(B) for the nondefense category:
$380,305,000,000, in new budget authority and
$420,134,000,000 in outlays;'';
(3) in paragraph (9), strike ``(9) with respect to fiscal
year 2004'', redesignate the remaining matter as subparagraph
(C), and before such redesignated matter insert the following:
``(9) with respect to fiscal year 2005--
``(A) for the defense category: $421,498,000,000,
in new budget authority and $408,706,000,000 in
outlays;
``(B) for the nondefense category:
$387,960,000,000, in new budget authority and
$424,854,000,000 in outlays;'';
(4) in paragraph (10), strike ``(10) with respect to fiscal
year 2006'', redesignate the remaining matter as subparagraph
(B), and before such redesignated matter insert the following:
``(10) with respect to fiscal year 2006--
``(A) for the discretionary category:
$837,672,000,000, in new budget authority and
$854,020,000,000 in outlays; and
(5) redesignate paragraphs (11) through (16) as paragraphs
(12) through (17), respectively, and insert after paragraph
(10) the following new paragraph:
``(11) with respect to fiscal year 2007, for the
discretionary category: $870,178,000,000, in new budget
authority and $877,248,000,000 in outlays;''.
(b) Expiration.--Section 275 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended by striking
subsection (b).
SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.
(a) Purpose.--Section 252(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``enacted before
October 1, 2002,''.
(b) Sequestration.--Section 252(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``enacted
before October 1, 2002''.
SEC. 4. AUTOMATIC BUDGET ENFORCEMENT FOR MEASURES CONSIDERED ON THE
FLOOR.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``budget evasion points of order
``Sec. 316. (a) Discretionary Spending Caps.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill or resolution (or amendment, motion, or conference report on that
bill or resolution) that waives or suspends the enforcement of section
251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or
otherwise would alter the spending limits set forth in that section.
``(b) Pay-as-You-Go.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that waives or suspends the enforcement of section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 or otherwise would
alter the balances of the pay-as-you-go scorecard pursuant to that
section.
``(c) Directed Scoring.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that directs the scorekeeping of any bill or resolution.
``(d) Far-Outyears.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that contains a provision providing new budget authority which reduces
revenues which first takes effect after the first 5 fiscal years
covered in the most recently adopted concurrent resolution on the
budget and that would have the effect of reducing the surplus or
increasing the deficit in any fiscal year.
``(e) Enforcement in the House of Representatives.--(1) It shall
not be in order in the House of Representatives to consider a rule or
order that waives the application of this section.
``(2)(A) This subsection shall apply only to the House of
Representatives.
``(B) In order to be cognizable by the Chair, a point of order
under this section must specify the precise language on which it is
premised.
``(C) As disposition of points of order under this section, the
Chair shall put the question of consideration with respect to the
proposition that is the subject of the points of order.
``(D) A question of consideration under this section shall be
debatable for 10 minutes by each Member initiating a point of order and
for 10 minutes by an opponent on each point of order, but shall
otherwise be decided without intervening motion except one that the
House adjourn or that the Committee of the Whole rise, as the case may
be.
``(E) The disposition of the question of consideration under this
subsection with respect to a bill or joint resolution shall be
considered also to determine the question of consideration under this
subsection with respect to an amendment made in order as original
text.''.
(b) Waiver and Appeal in the Senate.--Section 904 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c)(1), by inserting ``316,'' after
``313,''; and
(2) in subsection (d)(2), by inserting ``316,'' after
``313,''.
(c) Table of Contents.--The table of contents for the Congressional
Budget Act of 1974 is amended by inserting after the item for section
315 the following:
``Sec. 316. Budget evasion points of order.''.
(d) Reserve Fund for War on Terrorism.--Upon the enactment of any
bill or joint resolution that provides new budget authority (and
outlays flowing therefrom) for operations of the Department of Defense
to prosecute the war on terrorism, the Director of the Office of
Management and Budget shall make an appropriate adjustment to the
discretionary spending limits (and those limits as adjusted) as set
forth in section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 by the amount provided by that measure for that
purpose, but the total adjustment for all measures considered under
this section shall not exceed $10,000,000,000 in new budget authority
for fiscal year 2003 and outlays flowing therefrom.
SEC. 5. DISCLOSURE OF INTEREST COSTS.
Section 308(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C.
639(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) containing a projection by the Congressional
Budget Office of the cost of the debt servicing that
would be caused by such measure for such fiscal year
(or fiscal years) and each of the 4 ensuing fiscal
years.''.
SEC. 6. ACCOUNTABILITY IN EMERGENCY SPENDING.
(a) OMB Emergency Criteria.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 is amended by adding at the end the
following new paragraph:
``(11)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and outlays (or
new budget authority and the outlays flowing therefrom)
for the prevention or mitigation of, or response to,
loss of life or property, or a threat to national
security; and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term `unanticipated'
means that the situation is--
``(i) sudden, which means quickly coming into being
or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
(b) Development of Guidelines for Application of Emergency
Definition.--Not later than 5 months after the date of enactment of
this Act, the chairmen of the Committees on the Budget (in consultation
with the President) shall, after consulting with the chairmen of the
Committees on Appropriations and applicable authorizing committees of
their respective Houses and the Directors of the Congressional Budget
Office and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974.
(c) Reserve Fund for Emergencies in President's Budget.--Section
1105 of title 31, United States Code is amended by adding at the end
the following new subsections:
``(h) The budget transmitted pursuant to subsection (a) for a
fiscal year shall include a reserve fund for emergencies. The amount
set forth in such fund shall be calculated as provided under section
317(b) of the Congressional Budget Act of 1974.
``(i) In the case of any budget authority requested for an
emergency, such submission shall include a detailed justification of
the reasons that such emergency is an emergency within the meaning of
section 3(11) of the Congressional Budget Act of 1974, consistent with
the guidelines described in section 6(b) of the Assuring Honesty and
Accountability Act of 2002.''.
(d) Separate House Vote on Emergency Designation.--(1) Rule XXII of
the Rules of the House of Representatives is amended by adding at the
end the following new clause:
``13. In the consideration of any measure for amendment in the
Committee of the Whole containing any emergency spending designation,
it shall always be in order, unless specifically waived by terms of a
rule governing consideration of that measure, to move to strike such
emergency spending designation from the portion of the bill then open
to amendment.''.
(2) The Committee on Rules shall include in the report required by
clause 1(d) of rule XI (relating to its activities during the Congress)
of the Rules of House of Representatives a separate item identifying
all waivers of points of order relating to emergency spending
designations, listed by bill or joint resolution number and the subject
matter of that measure.
(e) Committee Notification of Emergency Legislation.--Whenever the
Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution that provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint explanatory
statement of managers in the case of a conference report on any such
bill or joint resolution) shall identify all provisions that provide
budget authority and the outlays flowing therefrom for such emergency
and include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines described in
subsection (b).
SEC. 7. APPLICATION OF BUDGET ACT POINTS OF ORDER TO UNREPORTED
LEGISLATION.
(a) Section 315 of the Congressional Budget Act of 1974 is amended
by striking ``reported'' the first place it appears.
(b) Section 303(b) of the Congressional Budget Act of 1974 is
amended--
(1) in paragraph (1), by striking ``(A)'' and by
redesignating subparagraph (B) as paragraph (2) and by striking
the semicolon at the end of such new paragraph (2) and
inserting a period; and
(2) by striking paragraph (3).
SEC. 8. BUDGET COMPLIANCE STATEMENTS.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following new
subparagraph:
``(4) A budget compliance statement prepared by the
chairman of the Committee on the Budget, if timely submitted
prior to the filing of the report, which shall include
assessment by such chairman as to whether the bill or joint
resolution complies with the requirements of sections 302, 303,
306, 311, and 401 of the Congressional Budget Act of 1974 or
any other requirements set forth in a concurrent resolution on
the budget and may include the budgetary implications of that
bill or joint resolution under section 251 or 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
applicable.''.
SEC. 9. JUSTIFICATION FOR BUDGET ACT WAIVERS IN THE HOUSE OF
REPRESENTATIVES.
Clause 6 of rule XIII of the Rules of the House of Representatives
is amended by adding at the end the following new paragraph:
``(h) It shall not be in order to consider any resolution from the
Committee on Rules for the consideration of any reported bill or joint
resolution which waives section 302, 303, 311, or 401 of the
Congressional Budget Act of 1974, unless the report accompanying such
resolution includes a description of the provision proposed to be
waived, an identification of the section being waived, the reasons why
such waiver should be granted, and an estimated cost of the provisions
to which the waiver applies.''.
SEC. 10. CBO SCORING OF CONFERENCE REPORTS.
(a) The first sentence of section 402 of the Congressional Budget
Act of 1974 is amended as follows:
(1) Insert ``or conference report thereon,'' before ``and
submit''.
(2) In paragraph (1), strike ``bill or resolution'' and
insert ``bill, joint resolution, or conference report''.
(3) At the end of paragraph (2) strike ``and'', at the end
of paragraph (3) strike the period and insert ``; and'', and
after such paragraph (3) add the following new paragraph:
``(4) A determination of whether such bill, joint
resolution, or conference report provides direct spending.''.
(b) The second sentence of section 402 of the Congressional Budget
Act of 1974 is amended by inserting before the period the following:
``, or in the case of a conference report, shall be included in the
joint explanatory statement of managers accompanying such conference
report if timely submitted before such report is filed''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Budget, and in addition to the Committee on Rules, 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 Committee on Rules, 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 Committee on Rules, 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.
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