I 108th CONGRESS 2d Session H. R. 3995 IN THE HOUSE OF REPRESENTATIVES March 18, 2004 Mr. Hill (for himself, Mr. Schiff, Mrs. Tauscher, Mr. John, Mr. Bishop of Georgia, Mr. Stenholm, Mr. Cooper, Ms. Harman, Mr. Cardoza, Mr. Berry, Mr. Boyd, Mr. Pomeroy, Mr. Matheson, Mr. Boswell, Mr. Holden, Ms. Loretta Sanchez of California, Mr. Case, Mr. Tanner, Mr. Thompson of California, Mr. Moore, Mr. Taylor of Mississippi, Mr. Michaud, Mr. Turner of Texas, and Mr. Sandlin) 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.

1.

Short title

This Act may be cited as the &short-title1;.

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 (2), by inserting a dash after 2005, by redesignating the remaining matter as subparagraph (B) and moving it two ems to the right, and by inserting before such redesignated matter the following: (A)for the discretionary category: $822,903,000,000 in new budget authority and $902,920,000,000 in outlays; and ; (2) in paragraph (3), by inserting a dash after 2006, by redesignating the remaining matter as subparagraph (B) and moving it two ems to the right, and by inserting before such redesignated matter the following: (A) for the discretionary category: $845,042,000,000 in new budget authority and $894,031,000,000 in outlays; and ; (3)by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively, and inserting after paragraph (3) the following new paragraphs: (4) with respect to fiscal year 2007 for the discretionary category: $870,003,000,000 in new budget authority and $900,651,000,000 in outlays; and . (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).

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 2002 and inserting 2009. (b)

Sequestration

Section 252(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2002 and inserting 2009.

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:

316.

Budget evasion points of order

(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 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.

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..

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 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).

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).

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..

9.

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

(1)Section 905 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: (h) (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..

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.