[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 845 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 845

   To amend the Congressional Budget Act of 1974 to simplify annual 
  concurrent resolutions on the budget and to budget for emergencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2005

Mr. Barrett of South Carolina (for himself and Mr. Green of Wisconsin) 
 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 Congressional Budget Act of 1974 to simplify annual 
  concurrent resolutions on the budget and to budget for emergencies.

    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 ``Emergency Spending Control Act of 
2005''.

                  TITLE I--ONE-PAGE BUDGET RESOLUTIONS

SEC. 101. ONE-PAGE BUDGET RESOLUTIONS.

    (a) Content of Annual Concurrent Resolutions on the Budget.--
Section 301(a)(4) of the Congressional Budget Act of 1974 is amended to 
read as follows:
            ``(4) subtotals of new budget authority and outlays for 
        nondefense discretionary spending, defense discretionary 
        spending, direct spending (excluding interest), interest, and 
        emergencies (for the reserve fund in section 316(b) and for 
        military operations in section 316(c));''.
    (b) Additional Matters in Concurrent Resolution.--Section 301(b) of 
the Congressional Budget Act of 1974 is amended as follows:
            (1) Strike paragraphs (2), (4), and (6) through (9).
            (2) After paragraph (1), insert the following new 
        paragraph:
            ``(2) require such other congressional procedures, relating 
        to the budget, as may be appropriate to carry out the purposes 
        of this Act;''.
            (3) At the end of paragraph (3), insert ``and'' and 
        redesignate paragraph (5) as paragraph (4) and in such 
        paragraph strike the semicolon and insert a period.
    (c) Required Contents of Report.--Section 301(e)(2) of the 
Congressional Budget Act of 1974 is amended as follows:
            (1) Redesignate subparagraphs (A), (B), (C), (D), (E), and 
        (F) as subparagraphs (B), (C), (E), (F), and (G), respectively.
            (2) Before subparagraph (B) (as redesignated), insert the 
        following new subparagraph:
                    ``(A) new budget authority and outlays for each 
                major functional category, based on allocations of the 
                total levels set forth pursuant to subsection 
                (a)(1);''.
            (3) In subparagraph (C) (as redesignated), strike 
        ``mandatory'' and insert ``direct spending''.
    (d) Additional Contents of Report.--Section 301(e)(3) of the 
Congressional Budget Act of 1974 is amended by striking ``and'' at the 
end of subparagraph (D), by striking the period and inserting ``; and'' 
at the end of subparagraph (E), and by adding at the end the following 
new subparagraph:
                    ``(F) reconciliation directives described in 
                section 310.''.
    (e) President's Budget Submission to the Congress.--(1) The first 
two sentences of section 1105(a) of title 31, United States Code, are 
amended to read as follows:
 ``On or after the first Monday in January but not later than the first 
Monday in February of each year the President shall submit a budget of 
the United States Government for the following fiscal year which shall 
set forth the following levels:
            ``(A) totals of new budget authority and outlays;
            ``(B) total Federal revenues and the amount, if any, by 
        which the aggregate level of Federal revenues should be 
        increased or decreased by bills and resolutions to be reported 
        by the appropriate committees;
            ``(C) the surplus or deficit in the budget;
            ``(D) subtotals of new budget authority and outlays for 
        nondefense discretionary spending, defense discretionary 
        spending, direct spending (excluding interest), interest, and 
        emergencies (for the reserve fund in section 316(b) and for 
        military operations in section 316(c)); and
            ``(E) the public debt.
Each budget submission shall include a budget message and summary and 
supporting information and, as a separately delineated statement, the 
levels required in the preceding sentence for at least each of the 4 
ensuing fiscal years.''.
    (2) The third sentence of section 1105(a) of title 31, United 
States Code, is amended by inserting ``submission'' after ``budget''.
    (f) Conforming Amendments to Section 310 Regarding Reconciliation 
Directives.--(1) Section 310(a) of such Act is amended by striking 
``A'' and inserting ``The joint explanatory statement accompanying the 
conference report on a''.
    (2) The first sentence of section 310(b) of such Act is amended by 
striking ``If'' and inserting ``If the joint explanatory statement 
accompanying the conference report on''.
    (3) Section 310(c)(1) of such Act is amended by inserting ``the 
joint explanatory statement accompanying the conference report on'' 
after ``pursuant to''.

                         TITLE II--EMERGENCIES

SEC. 201. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.

    (a) Elimination of Emergency Designation.--Sections 251(b)(2)(A), 
252(e), and 252(d)(4)(B) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 are repealed.
    (b) Elimination of Adjustments.--Section 314(b) of the 
Congressional Budget Act of 1974 is amended by striking paragraph (1) 
and by redesignating paragraphs (2) through (5) as paragraphs (1) 
through (4), respectively.
    (c) Conforming Amendment.--Clause 2 of rule XXI of the Rules of the 
House of Representatives is amended by repealing paragraph (e) and by 
redesignating paragraph (f) as paragraph (e).

SEC. 202. 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 an underlying 
        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.''.

SEC. 203. 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.

SEC. 204. 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 subsections (b) and (c) of 
section 316 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.''.

SEC. 205. BUDGETING FOR EMERGENCIES.

    (a) Emergencies.--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 section 203 of the , 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 concurrent 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 Nonmilitary Emergencies.--The amount set 
forth in the reserve fund for emergencies for budget authority and 
outlays for a fiscal year pursuant to section 301(a)(4) shall equal--
            ``(1) 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
            ``(2) 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 paragraph (1), but only in 
        the fiscal year for which such budget authority first becomes 
        available for obligation.
    ``(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 (or economic 
assistance funding in furtherance of such operation) 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)(4)) 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 paragraph (2), 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 section 
        203 of the Emergency Spending Control Act of 2005, 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 paragraph (2) 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.
    ``(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 referred to 
in section 203 of the Emergency Spending Control Act of 2005.''.
    (b) 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:

``316. Emergencies.''.

SEC. 206. 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.''.

SEC. 207. 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.''.
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