Fiscal Honesty and Accountability Act of 2009 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend Pay-As-You-Go (PAYGO) requirements through FY2014 and enforcement mechanisms through FY2018.
Requires the Directors of the Congressional Budget Office (CBO) and of the Office of Management and Budget (OMB) each to report to the House Committee on the Budget on how to broaden the PAYGO sequestration base and make it more fair and equitable.
Extends through FY2013 the spending limits (spending caps) for the discretionary categories in new budget authority and outlays.
Amends the Congressional Budget and Impoundment Control Act of 1974 to address issues of emergency spending by requiring: (1) Committee on the Budget guidelines; (2) a separate House vote on an emergency designation; and (3) detailed reserve funds for emergencies in the President's budget request to Congress. Prescribes a procedure for adjustments in committee allocations resulting from such spending in joint budget resolutions.
Amends the Congressional Budget Act of 1974 (CBA) to prohibit floor amendments to amendments reported by the Committee on the Budget (or from the consideration of which the Committee has been discharged) with respect to legislation for emergency reserve funds for certain military operations.
Prohibits consideration of an amendment to a joint budget resolution which changes the amount of budget authority and outlays set forth in the CBA for the emergency reserve fund.
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 CBO projection of the cost of debt servicing (interest).
Amends the CBA concerning: (1) CBO cost analysis (scoring) for conference reports; (2) legislation which evades specified budget enforcement mechanisms; and (3) legislation which is unreported by committee (for purposes of budget point of order rules).
Amends the Rules of the House of Representatives concerning: (1) budget compliance statements (permitting inclusion of budgetary implications); (2) requirements for budget act waivers (inclusion mandatory for bill consideration); and (3) a separate vote to waive a major budget act point of order.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2116 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2116
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 27, 2009
Mr. Hill (for himself, Mr. Griffith, Mr. Altmire, Mr. Ellsworth, Mr.
Bishop of Georgia, Mr. Arcuri, Mr. McIntyre, Mr. Davis of Tennessee,
Mr. Tanner, Mr. Melancon, Mr. Boyd, Ms. Herseth Sandlin, Mr. Cooper,
Mr. Shuler, Mr. Cardoza, Ms. Giffords, Mr. Minnick, Mr. Moore of
Kansas, Mr. Childers, Mr. Scott of Georgia, Ms. Loretta Sanchez of
California, Mr. Salazar, Mr. Taylor, Mr. Berry, Mr. Ross, Mr. Kratovil,
Mr. Matheson, Mr. Bright, Mr. Barrow, Mr. Thompson of California, Mr.
Donnelly of Indiana, Mr. Wilson of Ohio, Mr. Space, Mr. Nye, Mr. Gordon
of Tennessee, Mr. Cuellar, Mr. Boswell, Mr. Marshall, Mr. Costa, Mr.
Michaud, Mr. Pomeroy, Mr. Chandler, Mr. Patrick J. Murphy of
Pennsylvania, Mr. Holden, Mr. Baca, Ms. Harman, and Mr. Peterson)
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 ``Fiscal Honesty and Accountability
Act of 2009''.
SEC. 2. 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 ``2002'' and
inserting ``2014''.
(b) Sequestration.--Section 252(b)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2014''.
(c) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2006''
and inserting ``2018''.
(d) Broadening of Sequestration Base.--The Directors of the
Congressional Budget Office and of the Office of Management and Budget
shall each submit, not later than six months following the enactment of
this Act, a report to the Committee on the Budget of the House of
Representatives that addresses the issue of how to broaden the pay-as-
you-go sequestration base and make it more fair and equitable.
SEC. 3. EXTENSION OF THE DISCRETIONARY SPENDING CAPS.
(a) In General.--Paragraphs (1) through (13) of section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985 are
amended to read as follows:
``(1) with respect to fiscal year 2011 for the
discretionary category: $1,126,000,000,000 in new budget
authority and $1,189,000,000,000 in outlays;
``(2) with respect to fiscal year 2012 for the
discretionary category: $1,150,000,000,000 in new budget
authority and $1,193,000,000,000 in outlays;
``(3) with respect to fiscal year 2013 for the
discretionary category: $1,177,000,000,000 in new budget
authority and $1,220,000,000,000 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. 4. 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 five 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) 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 the 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.
(d) 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).
(e) Reserve Fund for Emergencies in President's Budget.--Section
1105(f) of title 31, United States Code is amended by adding at the end
the following new sentences: ``Such budget submission shall also comply
with the requirements of section 316(b) of the Congressional Budget Act
of 1974 and, in the case of any budget authority requested for an
emergency, such submission shall include a detailed justification of
why such emergency is an emergency within the meaning of section 3(11)
of the Congressional Budget Act of 1974.''.
(f) Adjustments and Reserve Fund for Emergencies in Joint Budget
Resolutions.--Title III of the Congressional Budget Act of 1974 is
amended by adding at the end the following new section:
``emergencies
``Sec. 316. (a) Adjustments.--
``(1) In general.--After the reporting of a bill or joint
resolution or the submission of a conference report thereon
that provides budget authority for any emergency as identified
pursuant to subsection (d) that is not covered by subsection
(c)--
``(A) the chairman of the Committee on the Budget
of the House of Representatives or the Senate shall
determine and certify, pursuant to the guidelines
referred to in subsection (b), the portion (if any) of
the amount so specified that is for an emergency within
the meaning of section 3(11); and
``(B) such chairman shall make the adjustment set
forth in paragraph (2) for the amount of new budget
authority (or outlays) in that measure and the outlays
flowing from that budget authority.
``(2) Matters to be adjusted.--The adjustments referred to
in paragraph (1) are to be made to the allocations made
pursuant to the appropriate joint resolution on the budget
pursuant to section 302(a) and shall be in an amount not to
exceed the amount reserved for emergencies pursuant to the
requirements of subsection (b).
``(b) Reserve Fund for Emergencies.--
``(1) Amounts.--The amount set forth in the reserve fund
for emergencies (other than those covered by subsection (c))
for budget authority and outlays for a fiscal year pursuant to
section 301(a)(6) shall equal--
``(A) the average of the enacted levels of budget
authority for emergencies (other than those covered by
subsection (c)) in the 5 fiscal years preceding the
current year; and
``(B) the average of the levels of outlays for
emergencies in the 5 fiscal years preceding the current
year flowing from the budget authority referred to in
subparagraph (A), but only in the fiscal year for which
such budget authority first becomes available for
obligation.
``(2) Average levels.--For purposes of paragraph (1), the
amount used for a fiscal year to calculate the average of the
enacted levels when one or more of such 5 preceding fiscal
years is any of fiscal years 2003 through 2007 is as follows:
the amount of enacted levels of budget authority and the amount
of new outlays flowing therefrom for emergencies, but only in
the fiscal year for which such budget authority first becomes
available for obligation for each of such 5 fiscal years, which
shall be determined by the Committees on the Budget of the
House of Representatives and the Senate after receipt of a
report on such matter transmitted to such committees by the
Director of the Congressional Budget Office 6 months after the
date of enactment of this section and thereafter in February of
each calendar year.
``(c) Treatment of Emergencies To Fund Certain Military
Operations.--Whenever the Committee on Appropriations reports any bill
or joint resolution that provides budget authority for any emergency
that is a threat to national security and the funding of which carries
out a military operation authorized by a declaration of war or a joint
resolution authorizing the use of military force and the report
accompanying that bill or joint resolution, pursuant to subsection (d),
identifies any provision that increases outlays or provides budget
authority (and the outlays flowing therefrom) for such emergency, the
enactment of which would cause the total amount of budget authority or
outlays provided for emergencies for the budget year in the joint
resolution on the budget (pursuant to section 301(a)(6)) to be
exceeded:
``(1) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House or the Senate, as the
case may be, with instructions to report it without amendment,
other than that specified in subparagraph (B), within 5
legislative days of the day in which it is reported from the
originating committee. If the Committee on the Budget of either
House fails to report a bill or joint resolution referred to it
under this subparagraph within such 5-day period, the committee
shall be automatically discharged from further consideration of
such bill or joint resolution and such bill or joint resolution
shall be placed on the appropriate calendar.
``(2) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the committee
determines, pursuant to the guidelines referred to in
subsection (b), that such budget authority is for an emergency
within the meaning of section 3(11).
``(3) If such a bill or joint resolution is reported with
an amendment specified in subparagraph (B) by the Committee on
the Budget of the House of Representatives or the Senate, then
the budget authority and resulting outlays that are the subject
of such amendment shall not be included in any determinations
under section 302(f) or 311(a) for any bill, joint resolution,
amendment, motion, or conference report.''.
(g) Content of Budget Resolutions.--Section 301(a) of the
Congressional Budget Act of 1974 is amended by redesignating paragraphs
(6) and (7) as paragraphs (7) and (8), respectively, and by inserting
after paragraph (5) the following new paragraph:
``(6) totals of new budget authority and outlays for
emergencies;''.
(h) 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,''.
(i) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Emergencies.''.
(j) Application of Section 306 to Emergencies in Excess of Amounts
in Reserve Fund.--Section 306 of the Congressional Budget Act of 1974
is amended by inserting at the end the following new sentence: ``No
amendment reported by the Committee on the Budget (or from the
consideration of which such committee has been discharged) pursuant to
section 316(c) may be amended.''.
(k) Up-to-Date Tabulations.--Section 308(b)(2) of the Congressional
Budget Act of 1974 is amended by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of subparagraph (C)
and inserting ``; and'', and by adding at the end the following new
subparagraph:
``(D) shall include an up-to-date tabulation of
amounts remaining in the reserve fund for
emergencies.''.
(l) Point of Order.--Section 305 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(e) Point of Order Regarding Emergency Reserve Fund.--It shall
not be in order in the House of Representatives or in the Senate to
consider an amendment to a joint resolution on the budget which changes
the amount of budget authority and outlays set forth in section
301(a)(4) for emergency reserve fund.''.
(m) Technical Amendment.--(1) Section 904(c)(1) of the
Congressional Budget Act of 1974 is amended by inserting ``305(e),''
after ``305(c)(4),''.
(2) Section 904(d)(2) of the Congressional Budget Act of 1974 is
amended by inserting ``305(e),'' after ``305(c)(4),''.
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 four ensuing fiscal
years.''.
SEC. 6. 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.''.
(4) At the end, add the following new sentence: ``The
Director shall also prepare such estimates for any bill or
resolution of a public character that has not been reported by
a committee before it may be considered in the House or
Representatives or Senate.''
(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''.
SEC. 7. 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. 8. AUTOMATIC BUDGET ENFORCEMENT FOR MEASURES CONSIDERED ON THE
FLOOR.
(a) In General.--Title III of the Congressional Budget Act of 1974
(as amended by section 5(f)) is further amended by adding at the end
the following new section:
``budget evasion points of order
``Sec. 317. (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 or which
reduces revenues which first takes effect after the first five fiscal
years covered in the most recently adopted concurrent resolution on the
budget and 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 ``317,'' after
``316,''; and
(2) in subsection (d)(2), by inserting ``317,'' after
``316,''.
(c) Table of Contents.--The table of contents for the Congressional
Budget Act of 1974 is amended by inserting after the item for section
316 the following:
``Sec. 317. Budget evasion points of order.''.
SEC. 9. 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. 10. REQUIREMENTS FOR BUDGET ACT WAIVERS IN THE HOUSE OF
REPRESENTATIVES.
(a) Justification for Budget Act Waivers.--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.''.
(b) Separate Vote To Waive Major Budget Act Point of Order.--
Section 312 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(g)(1) It shall not be in order in the House of Representatives
to consider a rule or order that waives the application of a major
budget act point of order as defined in paragraph (2).
``(2) For the purposes of this subsection, the term `major budget
point of order' means any point of order arising under any section
listed in section 904.
``(3)(A) In order to be cognizable by the Chair, a point of order
under the sections referenced in paragraph (2) must specify the precise
language on which it is premised.
``(B) As disposition of points of order under the sections
referenced in paragraph (2), the Chair shall put the question of
consideration with respect to the proposition that is the subject of
the points of order.
``(C) A question of consideration under the sections referenced in
paragraph (2) 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.
``(D) 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.''.
<all>
Introduced in House
Introduced in House
Referred to House Budget
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 House Rules
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