[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1814 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1814
To amend the Balanced Budget and Emergency Deficit Control Act of 1985
to extend the discretionary spending limits through fiscal year 2014,
to extend paygo for direct spending, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2009
Mr. Barrett of South Carolina (for himself, Mr. Inglis, Mr. Paul, Mr.
Westmoreland, Mr. Akin, and Mrs. Bachmann) 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
to extend the discretionary spending limits through fiscal year 2014,
to extend paygo for direct spending, 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 ``Taxpayer Empowerment and Advocacy
Act of 2009''.
SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.
(a) Adjustments to Discretionary Spending Limits.--In the matter
that precedes subparagraph (A) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, strike ``through
2002''.
(b) Discretionary Spending Limit.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1) Strike paragraphs (1) through (16) and insert the
following new paragraphs:
``(1) with respect to fiscal year 2010, for the
discretionary category: $925,119,000,000 in total new budget
authority;
``(2) with respect to fiscal year 2011, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (1) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2009;
``(3) with respect to fiscal year 2012, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority provided under
paragraph (2) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2010;
``(4) with respect to fiscal year 2013, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (3) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2011; and
``(5) with respect to fiscal year 2014, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (4) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2012;''.
(c) Adjustments to Discretionary Spending Limits.--
(1) Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking
subparagraphs (C) through (H) and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Accrual accounting.--If a bill or joint
resolution is enacted that charges Federal agencies for
the full cost of accrued Federal retirement and health
benefits and a bill or joint resolution making
appropriations is enacted that provides new budget
authority to carry out the legislation charging Federal
agencies for such accrued costs, the adjustment shall
be equal to the reduction in mandatory budget authority
and the outlays flowing therefrom estimated to result
from the legislation charging Federal agencies for such
accrued costs.''.
(2) Section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
the last sentence.
(d) Definition of Consumer Price Index.--Section 3 of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
adding at the end the following new paragraph:
``(11) The term `Consumer Price Index' refers to the
Consumer Price Index for All Urban Consumers (all items; United
States city average), published by the Bureau of Labor
Statistics.''.
SEC. 3. EXTENSION OF PAY-AS-YOU-GO.
Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 252. ENFORCING PAY-AS-YOU-GO.
``(a) Purpose.--The purpose of this section is to assure that any
legislation enacted before October 1, 2015, affecting direct spending
that increases the deficit will trigger an offsetting sequestration.
``(b) Sequestration.--
``(1) Timing.--Not later than 15 calendar days after the
date Congress adjourns to end a session and on the same day as
a sequestration (if any) under section 251, there shall be a
sequestration to offset the amount of any net deficit increase
caused by all direct spending legislation enacted before
October 1, 2015, as calculated under paragraph (2).
``(2) Calculation of deficit increase.--OMB shall calculate
the amount of deficit increase or decrease by adding--
``(A) all OMB estimates for the budget year of
direct spending legislation transmitted under
subsection (d);
``(B) the estimated amount of savings in direct
spending programs applicable to budget year resulting
from the prior year's sequestration under this section
or, if any, as published in OMB's final sequestration
report for that prior year;
``(C) any net deficit increase or decrease in the
current year resulting from all OMB estimates for the
current year of direct spending legislation transmitted
under subsection (d) of this section that were not
reflected in the final OMB sequestration report for the
current year; and
``(D) for fiscal year 2010, before making the
calculations required in subparagraphs (A) through (C),
OMB shall assume an automatic deficit increase of
$58,160,000,000.
``(c) Eliminating a Deficit Increase.--(1) The amount required to
be sequestered in a fiscal year under subsection (b) shall be obtained
from non-exempt direct spending accounts from actions taken in the
following order:
``(A) First.--All reductions in automatic spending
increases specified in section 256(a) shall be made.
``(B) Second.--If additional reductions in direct spending
accounts are required to be made, the maximum reductions
permissible under sections 256(b) (guaranteed and direct
student loans) and 256(c) (foster care and adoption assistance)
shall be made.
``(C) Third.--(i) If additional reductions in direct
spending accounts are required to be made, each remaining non-
exempt direct spending account shall be reduced by the uniform
percentage necessary to make the reductions in direct spending
required by paragraph (1).
``(ii) For purposes of determining reductions under clause
(i), outlay reductions (as a result of sequestration of
Commodity Credit Corporation commodity price support contracts
in the fiscal year of a sequestration) that would occur in the
following fiscal year shall be credited as outlay reductions in
the fiscal year of the sequestration.
``(2) For purposes of this subsection, accounts shall be assumed to
be at the level in the baseline for fiscal year 2011 and for fiscal
years 2012 through 2015 at the baseline after adjusting for any
sequester in fiscal year 2010.
``(d) Estimates.--
``(1) CBO estimates.--As soon as practicable after Congress
completes action on any direct spending, CBO shall provide an
estimate to OMB of that legislation.
``(2) OMB estimates.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal holidays) after the
date of enactment of any direct spending, OMB shall transmit a
report to the House of Representatives and to the Senate
containing--
``(A) the CBO estimate of that legislation;
``(B) an OMB estimate of that legislation using
current economic and technical assumptions; and
``(C) an explanation of any difference between the
2 estimates.
``(3) Significant differences.--If during the preparation
of the report under paragraph (2) OMB determines that there is
a significant difference between the OMB and CBO estimates, OMB
shall consult with the Committees on the Budget of the House of
Representatives and the Senate regarding that difference and
that consultation, to the extent practicable, shall include
written communication to such committees that affords such
committees the opportunity to comment before the issuance of
that report.
``(4) Scope of estimates.--The estimates under this section
shall include the amount of change in outlays for the current
year (if applicable), the budget year, and each outyear
excluding any amounts resulting from--
``(A) full funding of, and continuation of, the
deposit insurance guarantee commitment in effect under
current estimates; and
``(B) emergency provisions as designated under
subsection (e).
``(5) Scorekeeping guidelines.--OMB and CBO, after
consultation with each other and the Committees on the Budget
of the House of Representatives and the Senate, shall--
``(A) determine common scorekeeping guidelines; and
``(B) in conformance with such guidelines, prepare
estimates under this section.
``(e) Emergency Legislation.--If a provision of direct spending
legislation is enacted that the President designates as an emergency
requirement and that the Congress so designates in statute, the amounts
of new budget authority, outlays, and receipts in all fiscal years
resulting from that provision shall be designated as an emergency
requirement in the reports required under subsection (d) of this
section.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2015''.
(2) Section 254(f)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2015''.
(b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2015''.
SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE.
(a) In General.--Section 257(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting ``,
except for emergency appropriations covered by section 251(b)(2)(A) and
emergency legislation covered by section 252(e)'' before the period.
(b) Direct Spending and Receipts.--Section 257(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new subparagraph:
``(E) Emergency legislation covered by section
252(e) shall not be extended in the baseline.''.
(c) Discretionary Appropriations.--Section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by adding
at the end the following new paragraph:
``(7) Emergency appropriations covered by section
251(b)(2)(A) shall not be extended in the baseline.''.
SEC. 6. OMB EMERGENCY CRITERIA.
(a) Definition of Emergency.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 (as amended by section 2(d)) is
further amended by adding at the end the following new paragraph:
``(12)(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 underlying 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) Conforming Amendment.--Section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new paragraph:
``(20) The term `emergency' has the meaning given to such
term in section 3 of the Congressional Budget and Impoundment
Control Act of 1974.''.
SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN
EMERGENCY.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``rule respecting designation of legislative provision as an emergency
``Sec. 316. (a) Guidance.--In making a designation of a provision
of legislation as an emergency requirement under section 251(b)(2)(A)
or 252(e) of the Balanced Budget and Emergency Deficit Control Act of
1985, the committee report and any statement of managers accompanying
that legislation shall analyze whether a proposed emergency requirement
meets the definition of an `emergency' set out in section 3 of the
Congressional Budget and Impoundment Control Act of 1974.
``(b) In General.--It shall not be in order in the Senate or the
House of Representatives to consider any bill, joint resolution, or
conference report that contains an emergency designation under section
251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985 unless the proposed emergency requirement meets the
definition of an `emergency' set out in section 3 of the Congressional
Budget and Impoundment Control Act of 1974.
``(c) Waiver and Appeal in the Senate.--This section may be waived
or suspended in the Senate only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of the Chair
on a point of order raised under this section.
``(d) Enforcement in the House of Representatives.--It shall not be
in order in the House of Representatives to consider a rule or order
that waives the application of subsection (b).
``(e) Disposition of Points of Order in the House.--As disposition
of a point of order under subsection (b) or subsection (d), the Chair
shall put the question of consideration with respect to the proposition
that is the subject of the point of order. A question of consideration
under this section shall be debatable for 10 minutes by the Member
initiating the point of order and for 10 minutes by an opponent of the
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.
``(f) Effect on Amendment in Order as Original Text in the House.--
The disposition of the question of consideration under this section
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) 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. Rule respecting designation of legislative provision as an
emergency.''.
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