[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5954 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5954

  To increase the long-term fiscal accountability of direct spending 
                              legislation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

  Ms. Giffords (for herself, Mr. Djou, Mr. Tanner, Mr. Schrader, Mr. 
Patrick J. Murphy of Pennsylvania, Mr. Cooper, Mr. Moore of Kansas, Ms. 
  Loretta Sanchez of California, Mr. Nye, Mr. Murphy of New York, Mr. 
Boyd, Mr. Boren, Mr. Holden, Mr. Altmire, Mr. Boswell, Mr. Carney, Mr. 
Childers, Mr. Minnick, Mr. Ross, Mr. Michaud, Mr. Cuellar, Mr. Pomeroy, 
  Mr. Hill, Ms. Herseth Sandlin, Mr. Shuler, Mr. Wilson of Ohio, Ms. 
Markey of Colorado, Mr. Kratovil, Mr. Davis of Tennessee, Mr. Gordon of 
    Tennessee, Mr. Matheson, Mr. Adler of New Jersey, Mr. Larsen of 
 Washington, Mr. Quigley, and Mr. Kind) 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 increase the long-term fiscal accountability of direct spending 
                              legislation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Truth in Spending 
Act of 2010''.
    (b) Purpose.--It is the purpose of this Act to--
            (1) improve congressional control over the Federal budget 
        process;
            (2) to facilitate the determination each year of the 
        appropriate level of Federal revenues and expenditures by the 
        Congress and the President; and
            (3) to provide for the furnishing of information that will 
        assist the Congress in controlling growth of direct spending 
        programs.

SEC. 2. PRESIDENTS' BUDGET SUBMISSIONS.

    (a) OMB Report Regarding Difference Between Actual and Estimated 
Costs of Direct Spending Legislation.--Section 1105(a) of title 31, 
United States Code, is amended by adding at the end the following new 
paragraph:
            ``(37) the most recent reports of the Director of the 
        Office of Management and Budget under subsections (a) and (b) 
        of section 3 of the Truth in Spending Act of 2010 regarding the 
        difference between the actual costs and the estimated costs of 
        direct spending legislation, including proposed legislative 
        language, if any, in such reports.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to budget submissions made by the President beginning with the 
submission for fiscal year 2012.

SEC. 3. LONG-TERM FISCAL ACCOUNTABILITY OF DIRECT SPENDING LEGISLATION.

    (a) Initial Five-Year Report.--Not later than January 15 of 
calendar year 2011 and each subsequent calendar year, the Director of 
the Office of Management and Budget shall submit to the President for 
inclusion in his annual budget submission under section 1105(a) of 
title 31, United States Code, a report setting forth the following:
            (1) For all Acts affecting direct spending relative to the 
        baseline enacted during the sixth calendar year before the 
        calendar year in which this report is submitted, the total cost 
        as estimated by the Director of the Congressional Budget Office 
        for the then budget year and four outyears.
            (2) For all Acts affecting direct spending relative to the 
        baseline enacted during the sixth calendar year before the 
        calendar year in which this report is submitted, the actual 
        total cost as computed by the Director of the Office of 
        Management and Budget for the then budget year and four 
        outyears.
            (3) For such 5 fiscal-year period, the net amount by which 
        the actual cost of all such Acts exceeds the estimated cost of 
        all such Acts, or the net amount by which the estimated cost of 
        all such Acts exceeds the actual cost of all such Acts, as the 
        case may be.
            (4) If the actual total cost of all such Acts exceeds the 
        estimated total cost, then propose legislative language to 
        eliminate such excess cost.
            (5) If the actual total cost of all such Acts exceeds the 
        estimated total cost, then a detailed statement of the most 
        likely reasons why that occurred.
    (b) Follow-Up Five-Year Report.--Not later than January 15 of 
calendar year 2016 and each subsequent calendar year, the Director of 
the Office of Management and Budget shall submit to the President for 
inclusion in his annual budget submission under section 1105(a) of 
title 31, United States Code, a report setting forth the following:
            (1) For all Acts affecting direct spending relative to the 
        baseline enacted during the eleventh calendar year before the 
        calendar year in which this report is submitted, the total cost 
        as estimated by the Director of the Congressional Budget Office 
        for the 5 fiscal-year period, the last fiscal year of which 
        ends on September 30 of the preceding calendar year.
            (2) For all Acts affecting direct spending relative to the 
        baseline enacted during the eleventh calendar year before the 
        calendar year in which this report is submitted, the actual 
        total cost as computed by the Director of the Office of 
        Management and Budget for the 5 fiscal-year period, the last 
        fiscal year of which ends on September 30 of the preceding 
        calendar year.
            (3) For such 5 fiscal-year period, the net amount by which 
        the actual cost of all such Acts exceeds the estimated cost of 
        all such Acts, or the net amount by which the estimated cost of 
        all such Acts exceeds the actual cost of all such Acts, as the 
        case may be.
            (4) If the actual total cost of all such Acts exceeds the 
        estimated total cost, then propose legislative language to 
        eliminate such excess cost.
            (5) If the actual total cost of all such Acts exceeds the 
        estimated total cost, then a detailed statement of the most 
        likely reasons why that occurred.
    (c) Definition.--As used in this section, the term ``direct 
spending'' has the meaning given such term in section 250(c)(8) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 4. FAST TRACK PROCEDURE.

    (a) Presidential Submission to Congress.--Upon receiving any report 
from the Director of the Office of Management and Budget pursuant to 
subsection (a) or (b) of section 3, the President shall, within 7 days, 
submit any proposed legislative language set forth in such report to 
the House of Representatives and to the Senate.
    (b) Congressional Consideration.--
            (1) Introduction.--
                    (A) In general.--On the day on which the proposed 
                legislative language is submitted by the President to 
                the House of Representatives and the Senate under 
                subsection (a), it shall be introduced (by request) in 
                the Senate by the majority leader of the Senate or by 
                Members of the Senate designated by the majority leader 
                of the Senate and shall be introduced (by request) in 
                the House by the majority leader of the House or by 
                Members of the House designated by the majority leader 
                of the House.
                    (B) Not in session.--If either House is not in 
                session on the day on which such legislative proposal 
                is submitted, the legislative proposal shall be 
                introduced in that House, as provided in subparagraph 
                (A), on the first day thereafter on which that House is 
                in session.
                    (C) Any member.--If the legislative proposal is not 
                introduced in either House within 5 days on which that 
                House is in session after the day on which the 
                legislative proposal is submitted, then any Member of 
                that House may introduce the legislative proposal.
                    (D) Referral.--The legislation introduced under 
                this paragraph shall be referred by the Presiding 
                Officers of the respective Houses to the appropriate 
                committees.
            (2) Committee consideration of proposal.--
                    (A) Reporting bill.--Not later than April 1 of any 
                year in which a proposal is submitted by the President 
                to Congress under this section, the applicable 
                committees of the House of Representatives and of the 
                Senate may report the bill referred to them under 
                paragraph (1)(D) with committee amendments, such that 
                the bill, as amended, achieves the cost savings in the 
                original submission.
                    (B) Discharge.--If, with respect to the House 
                involved, the committee has not reported the bill by 
                the date required by subparagraph (A), the committee 
                shall be discharged from further consideration of the 
                proposal.
            (3) Limitation on changes to recommendations.--
                    (A) In general.--It shall not be in order in the 
                Senate or the House of Representatives to consider any 
                bill, resolution, or amendment pursuant to this 
                subsection or conference report thereon that fails to 
                achieve the cost savings set forth in the original 
                submission by the President.
                    (B) Waiver.--This paragraph may be waived or 
                suspended in the Senate only by the affirmative vote of 
                three-fifths of the Members, duly chosen and sworn.
                    (C) Appeals.--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 paragraph.
            (4) Expedited procedure.--
                    (A) Consideration.--A motion to proceed to the 
                consideration of the bill in the Senate is not 
                debatable.
                    (B) Amendment.--
                            (i) Time limitation.--Debate in the Senate 
                        on any amendment to a bill under this section 
                        shall be limited to 1 hour, to be equally 
                        divided between, and controlled by, the mover 
                        and the manager of the bill, and debate on any 
                        amendment to an amendment, debatable motion, or 
                        appeal shall be limited to 30 minutes, to be 
                        equally divided between, and controlled by, the 
                        mover and the manager of the bill, except that 
                        in the event the manager of the bill is in 
                        favor of any such amendment, motion, or appeal, 
                        the time in opposition thereto shall be 
                        controlled by the minority leader or such 
                        leader's designee.
                            (ii) Germane.--No amendment that is not 
                        germane to the provisions of such bill shall be 
                        received.
                            (iii) Additional time.--The leaders, or 
                        either of them, may, from the time under their 
                        control on the passage of the bill, allot 
                        additional time to any Senator during the 
                        consideration of any amendment, debatable 
                        motion, or appeal.
                            (iv) Amendment not in order.--It shall not 
                        be in order to consider an amendment that would 
                        cause the bill to have cost savings that are 
                        less than the cost savings set forth in the 
                        original submission by the President.
                            (v) Waiver and appeals.--This paragraph may 
                        be waived or suspended in the Senate only by 
                        the 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.
                    (C) Consideration by the other house.--
                            (i) In general.--The expedited procedures 
                        provided in this subsection for the 
                        consideration of a bill introduced pursuant to 
                        paragraph (1) shall not apply to such a bill 
                        that is received by one House from the other 
                        House if such a bill was not introduced in the 
                        receiving House.
                            (ii) Before passage.--If a bill that is 
                        introduced pursuant to paragraph (1) is 
                        received by one House from the other House, 
                        after introduction but before disposition of 
                        such a bill in the receiving House, then the 
                        following shall apply:
                                    (I) The receiving House shall 
                                consider the bill introduced in that 
                                House through all stages of 
                                consideration up to, but not including, 
                                passage.
                                    (II) The question on passage shall 
                                be put on the bill of the other House 
                                as amended by the language of the 
                                receiving House.
                            (iii) After passage.--If a bill introduced 
                        pursuant to paragraph (1) is received by one 
                        House from the other House, after such a bill 
                        is passed by the receiving House, then the vote 
                        on passage of the bill that originates in the 
                        receiving House shall be considered to be the 
                        vote on passage of the bill received from the 
                        other House as amended by the language of the 
                        receiving House.
                            (iv) Disposition.--Upon disposition of a 
                        bill introduced pursuant to paragraph (1) that 
                        is received by one House from the other House, 
                        it shall no longer be in order to consider the 
                        bill that originates in the receiving House.
                            (v) Limitation.--Clauses (ii), (iii), and 
                        (iv) shall apply only to a bill received by one 
                        House from the other House if the bill would 
                        have cost savings that are not less than the 
                        cost savings set forth in the original 
                        submission by the President.
                    (D) Senate limits on debate.--
                            (i) In general.--In the Senate, 
                        consideration of the bill and on all debatable 
                        motions and appeals in connection therewith 
                        shall not exceed a total of 20 hours, which 
                        shall be divided equally between the majority 
                        and minority leaders or their designees.
                            (ii) Motion to further limit debate.--A 
                        motion to further limit debate on the bill is 
                        in order and is not debatable.
                            (iii) Motion or appeal.--Any debatable 
                        motion or appeal is debatable for not to exceed 
                        1 hour, to be divided equally between those 
                        favoring and those opposing the motion or 
                        appeal.
                            (iv) Final disposition.--After 20 hours of 
                        consideration, the Senate shall proceed, 
                        without any further debate on any question, to 
                        vote on the final disposition thereof to the 
                        exclusion of all amendments not then pending 
                        before the Senate at that time and to the 
                        exclusion of all motions, except a motion to 
                        table, or to reconsider and one quorum call on 
                        demand to establish the presence of a quorum 
                        (and motions required to establish a quorum) 
                        immediately before the final vote begins.
                    (E) Consideration in conference.--
                            (i) In general.--Consideration in the 
                        Senate and the House of Representatives on the 
                        conference report or any messages between 
                        Houses shall be limited to 10 hours, equally 
                        divided and controlled by the majority and 
                        minority leaders of the Senate or their 
                        designees and the Speaker of the House of 
                        Representatives and the minority leader of the 
                        House of Representatives or their designees.
                            (ii) Time limitation.--Debate in the Senate 
                        on any amendment under this subparagraph shall 
                        be limited to 1 hour, to be equally divided 
                        between, and controlled by, the mover and the 
                        manager of the bill, and debate on any 
                        amendment to an amendment, debatable motion, or 
                        appeal shall be limited to 30 minutes, to be 
                        equally divided between, and controlled by, the 
                        mover and the manager of the bill, except that 
                        in the event the manager of the bill is in 
                        favor of any such amendment, motion, or appeal, 
                        the time in opposition thereto shall be 
                        controlled by the minority leader or such 
                        leader's designee.
                            (iii) Final disposition.--After 10 hours of 
                        consideration, the Senate shall proceed, 
                        without any further debate on any question, to 
                        vote on the final disposition thereof to the 
                        exclusion of all motions not then pending 
                        before the Senate at that time or necessary to 
                        resolve the differences between the Houses and 
                        to the exclusion of all other motions, except a 
                        motion to table, or to reconsider and one 
                        quorum call on demand to establish the presence 
                        of a quorum (and motions required to establish 
                        a quorum) immediately before the final vote 
                        begins.
                            (iv) Limitation.--Clauses (i) through (iii) 
                        shall only apply to a conference report, 
                        message or the amendments thereto if the 
                        conference report, message, or an amendment 
                        thereto--
                                    (I) is related only to the program 
                                under this title; and
                                    (II) satisfies the requirements of 
                                subparagraphs (A)(i) and (C) of 
                                subsection (c)(2).
                    (F) Veto.--If the President vetoes the bill, debate 
                on a veto message in the Senate under this subsection 
                shall be 1 hour equally divided between the majority 
                and minority leaders or their designees.
            (5) Rules of the senate and house of representatives.--This 
        section is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and the House of Representatives, respectively, 
                and is deemed to be part of the rules of each House, 
                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of a 
                bill under this section, and it supersedes other rules 
                only to the extent that it is inconsistent with such 
                rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                they relate to the procedure of that House) at any 
                time, in the same manner, and to the same extent as in 
                the case of any other rule of that House.
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