II

104TH CONGRESS

1ST SESSION S. 289

To amend the Congressional Budget and Impoundment Control Act of 1974

to limit consideration of nonemergency matters in emergency legislation.

IN THE SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 10), 1995

Mr. FEINGOLD (for himself, Mr. MCCAIN, Mrs. FEINSTEIN, Mr. CAMPBELL,

and Mrs. KASSEBAUM) introduced the following bill; which was read twice

and referred jointly pursuant to the order of August 4, 1977, to the Committees on the Budget and Governmental Affairs, with instructions that

if one committee reports, the other committee have thirty days to report

or be discharged

A BILL

To amend the Congressional Budget and Impoundment Control Act of 1974 to limit consideration of nonemergency

matters in emergency legislation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Emergency Spending

5 Control Act of 1995’’.

6 SEC. 2. TREATMENT OF EMERGENCY SPENDING.

7 (a) EMERGENCY APPROPRIATIONS.—Section

8 251(b)(2)(D)(i) of the Balanced Budget and Emergency
2

•S 289 RIS

1 Deficit Control Act of 1985 is amended by adding at the

2 end the following new sentence: ‘‘However, OMB shall not

3 adjust any discretionary spending limit under this clause

4 for any statute that designates appropriations as emer5 gency requirements if that statute contains an appropria6 tion for any other matter, event, or occurrence, but that

7 statute may contain rescissions of budget authority.’’.

8 (b) EMERGENCY LEGISLATION.—Section 252(e) of

9 the Balanced Budget and Emergency Deficit Control Act

10 of 1985 is amended by adding at the end the following

11 new sentence: ‘‘However, OMB shall not designate any

12 such amounts of new budget authority, outlays, or receipts

13 as emergency requirements in the report required under

14 subsection (d) if that statute contains any other provisions

15 that are not so designated, but that statute may contain

16 provisions that reduce direct spending.’’.

17 (c) NEW POINT OF ORDER.—Title IV of the Congres18 sional Budget Act of 1974 is amended by adding at the

19 end the following new section:

20 ‘‘POINT OF ORDER REGARDING EMERGENCIES

21 ‘‘SEC. 408. It shall not be in order in the House of

22 Representatives or the Senate to consider any bill or joint

23 resolution, or amendment thereto or conference report

24 thereon, containing an emergency designation for purposes

25 of section 251(b)(2)(D) or 252(e) of the Balanced Budget

26 and Emergency Deficit Control Act of 1985 if it also pro-
3

•S 289 RIS

1 vides an appropriation or direct spending for any other

2 item or contains any other matter, but that bill or joint

3 resolution, amendment, or conference report may contain

4 rescissions of budget authority or reductions of direct

5 spending, or that amendment may reduce amounts for

6 that emergency.’’.

7 (d) CONFORMING AMENDMENT.—The table of con8 tents set forth in section 1(b) of the Congressional Budget

9 and Impoundment Control Act of 1974 is amended by in10 serting after the item relating to section 407 the following

11 new item:

‘‘Sec. 408. Point of order regarding emergencies.’’.

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