[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1278 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1278

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

                             March 13, 2003

Mr. Hill (for himself, Mr. Taylor of Mississippi, Mr. Berry, Mr. Moore, 
    Mr. Sandlin, Mr. Stenholm, Mr. Turner of Texas, Mr. Holden, Mr. 
 Matheson, Mr. Thompson of California, Mr. Peterson of Minnesota, Ms. 
Loretta Sanchez of California, Mr. Michaud, Mr. Schiff, Mrs. Tauscher, 
 Mr. Tanner, Mr. John, and Ms. Harman) 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 2003''.

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 (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: $399,683,000,000 in 
                new budget authority and $389,746,000,000 in outlays;
                    ``(B) for the nondefense category: $392,517,000,000 
                in new budget authority and $429,054,000,000 in 
                outlays;'';
            (2) 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: $420,019,000,000 in 
                new budget authority and $409,737,000,000 in outlays;
                    ``(B) for the nondefense category: $393,481,000,000 
                in new budget authority and $440,264,000,000 in 
                outlays;'';
            (3) in paragraph (10), strike ``(10) with respect to fiscal 
        year 2006'', redesignate the remaining matter as subparagraph 
        (C), and before such redesignated matter insert the following:
            ``(10) with respect to fiscal year 2006--
                    ``(A) for the defense category: $440,044,000,000 in 
                new budget authority and $422,808,000,000 in outlays;
                    ``(B) for the nondefense category: $402,256,000,000 
                in new budget authority and $446,992,000,000;''; and
            (4) redesignate paragraphs (11) through (16) as paragraphs 
        (13) through (18), respectively, and insert after paragraph 
        (10) the following new paragraphs:
            ``(11) with respect to fiscal year 2007--
                    ``(A) for the defense category: $460,309,000,000 in 
                new budget authority and $436,164,000,000 in outlays; 
                and
                    ``(B) for the nondefense category: $412,091,000,000 
                in new budget authority and $455,236,000,000;
            ``(12) with respect to fiscal year 2008--
                    ``(A) for the defense category: $480,747,000,000 in 
                new budget authority and $460,190,000,000 in outlays; 
                and
                    ``(B) for the nondefense category: $494,853,000,000 
                in new budget authority and $465,710,000,000;''.
    (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 Homeland Security.--(1) Upon the enactment of 
any bill or joint resolution that provides new budget authority (and 
outlays flowing therefrom) for operations of the Department of Homeland 
Security or grants to States and localities for homeland security, 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 subsection shall not exceed 
$10,000,000,000 in new budget authority for fiscal year 2004 and 
outlays flowing therefrom. Adjustments may only be made under this 
paragraph for items included in the funding requests set forth in the 
report referred to in paragraph (2).
    (2) The Secretary of Homeland Security shall conduct a homeland 
security needs assessment in consultation with all Federal agencies 
with responsibilities for homeland security and State and local 
governments. The Secretary shall submit a report to Congress with 
additional funding requests, if any, identified in the needs 
assessment. Such report shall also include a compilation of the needs 
assessments submitted by State and local governments.

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 2003.''.
    (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''.
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