[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 903 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 903

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

                           February 17, 2005

  Mr. Cooper (for himself, Mr. Tanner, Mr. Cardoza, Mr. Matheson, Mr. 
    Boyd, Mr. Ross, Mr. Barrow, Mr. Case, Mr. Michaud, Mr. Davis of 
  Tennessee, Mr. Salazar, Ms. Harman, Mr. Thompson of California, Mr. 
  Costa, Mr. Boswell, Ms. Herseth, Mr. Moore of Kansas, Mr. Scott of 
 Georgia, Mr. Chandler, Mr. Ford, Mr. Berry, Mr. Holden, Mr. McIntyre, 
   Mr. Bishop of Georgia, Mr. Schiff, and Mr. Taylor of Mississippi) 
 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 2005''.

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 ``2010''.
    (b) Sequestration.--Section 252(b)(1) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by striking ``2002'' 
and inserting ``2010''.

SEC. 3. 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) by redesignating paragraphs (4) through (9) as 
        paragraphs (7) through (12), respectively, and inserting after 
        paragraph (3) the following new paragraphs:
            ``(4) with respect to fiscal year 2007 for the 
        discretionary category: $857,952,000,000 in new budget 
        authority and $906,854,000,000 in outlays;
            ``(5) with respect to fiscal year 2008 for the 
        discretionary category: $875,969,000,000 in new budget 
        authority and $920,233,000,000 in outlays;
            ``(6) with respect to fiscal year 2009 for the 
        discretionary category: $894,365,000,000 in new budget 
        authority and $933,786,000,000 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 2001 through 2005 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 2(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>