Providing for Consideration of H.R. 4663, Spending Control Act of 2004
PROVIDING FOR CONSIDERATION OF H.R. 4663, SPENDING CONTROL ACT OF 2004 -- (House of
Representatives - June 24, 2004)
Mr. HASTINGS of Washington. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 692 and ask for its immediate consideration.
BREAK IN TRANSCRIPT
AMENDMENT TO H.R. 3973, AS REPORTED
OFFERED BY MR. STENHOLM OF TEXAS, MR. MATHESON OF UTAH, MR. THOMPSON OF CALIFORNIA,
MR. HILL OF INDIANA, MR. MOORE OF KANSAS, OR MR. TANNER OF TENNESSEE
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Living Within Our Means Act of 2004".
TITLE I-REINSTATING AND STRENGTHENING BUDGET ENFORCEMENT
SEC. 101. EXTENSION OF THE DISCRETIONARY SPENDING CAPS.
(a) DISCRETIONARY SPENDING LIMITS.--(1) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after "2005", by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs:
"(A) for the general purpose discretionary category: $819,697,000,000 in new budget authority and $862,247,000,000 in outlays;
"(B) for the highway category: $30,585,000,000 in outlays; and
"© for the mass transit category: $1,554,000,000 in new budget authority and $6,787,000,000 in outlays; and".
(2) Section 251©(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after "2006", by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs:
"(A) for the general purpose discretionary category: $837,271,000,000 in new budget authority and $853,170,000,000 in outlays;
"(B) for the highway category: $33,271,000,000 in outlays; and
"© for the mass transit category: $1,671,000,000 in new budget authority and $7,585,000,000 in outlays; and".
(b) ADVANCE APPROPRIATIONS.--(1) Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting at the end the following new subsection:
"(d) ADVANCE APPROPRIATIONS.-In fiscal years 2005 through 2009, the total amount of discretionary advance appropriations provided in appropriation Acts shall not exceed $23,158,000. Any amount enacted in excess of such amount shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.".
(2) Section 250© 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 'advance appropriation' refers to the following budget accounts or portions thereof that become available one fiscal year or more beyond the fiscal year for which the appropriation Act making such funds available is enacted:
"(A) 89-5428-0-2-0271 (Elk Hills);
"(B) 16-0174-1-504 (Training and Employment Services);
"© 91-0900-01-501 (Education for the Disadvantaged);
"(D) 91-1000-01-501 (School Improvement);
"(E) 75-1536-0-1-506 (Children and Family Services (Head Start));
"(F) 91-0300-0-1-501 (Special Education);
"(G) 91-0400-0-1-501 (Vocational and Adult Education);
"(H) 18-1001-0-1-372 (Payment to the Postal Service Fund); or
"(I) 86-0319-0-1-604 (Housing Certificate Fund (Section 8 Renewal).".
© 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).
(b) DEFINITIONS.-Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-
(1) in subparagraph (B), by-
(A) striking "the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003" and inserting "the Transportation Equity Act: A Legacy for Users"; and
(B) inserting before the period at the end the following new clauses:
"(v) 69-8158-0-7-401 (Motor Carrier Safety Grants).
"(vi) 69-8159-0-7-401 (Motor Carrier Safety Operations and Programs).";
(2) in subparagraph ©, by-
(A) inserting "(and successor accounts)" after "budget accounts"; and
(B) striking "the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003 or for which appropriations are provided pursuant to authorizations contained in those Acts (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by the Transportation Equity Act for the 21st Century, shall not be included in this category)" and inserting "the Transportation Equity Act: A Legacy for Users or for which appropriations are provided pursuant to authorizations contained in that Act"; and
(3) in subparagraph (D)(ii), by striking "section 8103 of the Transportation Equity Act for the 21st Century" and inserting "section 8103 of the Transportation Equity Act: A Legacy for Users".
SEC. 102. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES.
Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of
1985 are amended to read as follows:
"(B) ADJUSTMENT TO ALIGN HIGHWAY SPENDING WITH REVENUES.--(i) When the President submits the budget under section 1105 of title 31, United States Code, OMB shall calculate and the budget shall make adjustments to the highway category for the budget year and each outyear as provided in clause (ii)(I)(cc).
"(ii)(I)(aa) OMB shall take the actual level of highway receipts for the year before the current year and subtract the sum of the estimated level of highway receipts in subclause (II) plus any amount previously calculated under item (bb) for that year.
(bb) OMB shall take the current estimate of highway receipts for the current year and subtract the estimated level of receipts for that year.
"(cc) OMB shall add one-half of the sum of the amount calculated under items (aa) and (bb) to the obligation limitations set forth in the section 8103 of the Transportation Equity Act: A Legacy for Users and, using current estimates, calculate the outlay change resulting from the change in obligations for the budget year and the first outyear and the outlays flowing therefrom through subsequent fiscal years. After making the calculations under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year and the first outyear by adding one-half of the sum of the amount calculated under items (aa) and (bb) to each such year.
"(II) The estimated level of highway receipts for the purposes of this clause are-
"(aa) for fiscal year 2004, $30,572,000,000;
"(bb) for fiscal year 2005, $34,260,000,000;
"(cc) for fiscal year 2006, $35,586,000,000;
"(dd) for fiscal year 2007, $36,570,000,000;
"(ee) for fiscal year 2008, $37,603,000,000; and
"(ff) for fiscal year 2009, $38,651,000,000.
"(III) In this clause, the term 'highway receipts' means the governmental receipts credited to the highway account of the Highway Trust Fund.
"© In addition to the adjustment required by subparagraph (B), when the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall calculate and the budget shall include for the budget year and each outyear an adjustment to the limits on outlays for the highway category and the mass transit category equal to-
"(i) the outlays for the applicable category calculated assuming obligation levels consistent with the estimates prepared pursuant to subparagraph (D), as adjusted, using current technical assumptions; minus
"(ii) the outlays for the applicable category set forth in the subparagraph (D) estimates, as adjusted.
"(D)(i) When OMB and CBO submit their final sequester report for fiscal year 2004, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2005 through 2009 from obligations at the levels specified in section 8103 of the Transportation Equity Act: A Legacy for Users using current assumptions.
"(ii) When the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall adjust the estimates made in clause (i) by the adjustments by subparagraphs (B) and (C).
"(E) OMB shall consult with the Committees on the Budget and include a report on adjustments under subparagraphs (B) and (C) in the preview report.".
SEC. 103. LEVEL OF OBLIGATION LIMITATIONS.
(a) HIGHWAY CATEGORY.-For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the highway category is-
(1) for fiscal year 2004, $34,309,000,000;
(2) for fiscal year 2005, $35,671,000,000;
(3) for fiscal year 2006, $36,719,000,000;
(4) for fiscal year 2007, $37,800,000,000;
(5) for fiscal year 2008, $38,913,000,000; and
(6) for fiscal year 2009, $40,061,000,000.
(b) MASS TRANSIT CATEGORY.-For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the mass transit category is-
(1) for fiscal year 2004, $7,266,000,000;
(2) for fiscal year 2005, $7,750,000,000;
(3) for fiscal year 2006, $8,266,000,000;
(4) for fiscal year 2007, $8,816,000,000;
(5) for fiscal year 2008, $9,403,000,000; and
(6) for fiscal year 2009, $10,029,000,000.
For purposes of this subsection, the term "obligation limitations" means the sum of budget authority and obligation limitations.
SEC. 104. REVENUE ADJUSTMENT.
If an amendment is designated to be used to offset a decrease in receipts for a fiscal year pursuant to section 316©(1)(D) or section 317©(1)(D) of the Congressional Budget Act of 1974, then the applicable level of revenues for such fiscal year for purposes of section 311(a) of such Act shall be reduced by the amount of such amendment.
SEC. 105. 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".
SEC. 106. REPORTS.
Subsections ©(2) and (f)(2)(A) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking "2002" and inserting "2009".
SEC. 107 EXPIRATION.
Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking "2002" and inserting "2009" and by striking "2006" and inserting "2013".
SEC. 108 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:
"BUDGET EVASION POINTS OF ORDER
"SEC. 316. (a) Discretionary Spending Caps.-It shall not be in order in the House of Representatives 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.
"© 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.
"© 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) 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.".
SEC. 109. 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.
"© 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.".
SEC. 110. 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".
TITLE II-INCREASED AND ACCOUNTABILITY AND INFORMATION IN CONGRESSIONAL BUDGET PROCESS
SEC. 201. 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 ©, 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. 202. 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.
© CONTINGENCY OPERATIONS RELATED TO GLOBAL WAR ON TERRORISM.-Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph:
"(I) CONTINGENCY OPERATIONS RELATED TO GLOBAL WAR ON TERRORISM.-If supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that, pursuant to this subparagraph, the President designates as a contingency operation related to the global war on terrorism and the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated and the outlays flowing in all fiscal years from such appropriations.".
(d) 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.
(e) 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).
SEC. 203. 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. 204. 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. 205. PROJECTIONS UNDER SECTION 257.
Section 257© of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after paragraph (6) the following new paragraph:
"(7) EMERGENCIES.-New budgetary resources designated under section 251(b)(2)(A) or 251(b)(2)(I) shall not be assumed beyond the fiscal year for which they have been enacted.".
SEC. 206. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985.
Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1) In section 250(a), strike "SEC. 256. GENERAL AND SPECIAL SEQUESTRATION RULES" and insert "Sec. 256. General and special sequestration rules" in the item relating to section 256.
(2) In subparagraphs (F), (G), (H), (I), (J), and (K) of section 250©(4), insert "subparagraph" after "described in" each place it appears.
(3) In section 250©(18), insert "of" after "expenses".
(4) In section 251(b)(1)(A), strike "committees" the first place it appears and insert "Committees".
(5) In section 251(b)(1)(C)(i), strike "fiscal years" and insert "fiscal year".
(6) In section 251(b)(1)(D)(ii), strike "fiscal years" and insert "fiscal year".
(7) In section 252(b)(2)(B), insert "the" before "budget year".
(8) In section 252©(1)©(i), strike "paragraph (1)" and insert "subsection (b)".
(9) In section 254©(3)(A), strike "subsection" and insert "section".
(10) In section 254(f)(4), strike "subsection" and insert "section" and strike "sequesterable" and insert "sequestrable".
(11) In section 255(g)(1)(B), move the fourteenth undesignated clause 2 ems to the right.
(12) In section 255(g)(2), insert "and" after the semicolon at the end of the next-to-last undesignated clause.
(13) In section 255(h)--
(A) strike "and" after the semicolon in the ninth undesignated clause;
(B) insert "and" after the semicolon at the end of the tenth undesignated clause; and
© strike the semicolon at the end and insert a period.
(14) In section 256(k)(1), strike "paragraph (5)" and insert "paragraph (6)".
(15) In section 257(b)(2)(A)(i), strike "differenes" and insert "differences".