II

103D CONGRESS

2D SESSION S. 2417

To amend the Balanced Budget and Emergency Deficit Control Act of 1985

and the Congressional Budget Act of 1974 to limit consideration of

nonemergency matters in emergency legislation.

IN THE SENATE OF THE UNITED STATES

AUGUST 24 (legislative day, AUGUST 18), 1994

Mr. MCCAIN 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 Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget 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 1994’’.
2

•S 2417 IS

1 SEC. 2. TREATMENT OF EMERGENCY SPENDING.

2 (a) EMERGENCY APPROPRIATIONS.—Section

3 251(b)(2)(D)(i) of the Balanced Budget and Emergency

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

5 end the following: ‘‘However, OMB shall not adjust any

6 discretionary spending limit under this clause for any stat7 ute that designates appropriations as emergency require8 ments if that statute contains an appropriation for any

9 other matter, event, or occurrence, but that statute may

10 contain rescissions of budget authority.’’.

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

12 the Balanced Budget and Emergency Deficit Control Act

13 of 1985 is amended by adding at the end the following:

14 ‘‘However, OMB shall not designate any such amounts of

15 new budget authority, outlays, or receipts as emergency

16 requirements in the report required under subsection (d)

17 if that statute contains any other provisions that are not

18 so designated, but that statute may contain provisions

19 that reduce direct spending.’’.

20 (c) NEW POINT OF ORDER.—Title IV of the Congres21 sional Budget Act of 1974 is amended by adding at the

22 end the following new section:

23 ‘‘POINT OF ORDER REGARDING EMERGENCIES

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

25 Representatives or the Senate to consider any bill or joint

26 resolution, or amendment thereto or conference report
3

•S 2417 IS

1 thereon, containing an emergency designation for purposes

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

3 and Emergency Deficit Control Act of 1985 if it also pro4 vides an appropriation or direct spending for any other

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

6 resolution, amendment, or conference report may contain

7 rescissions of budget authority or reductions of direct

8 spending, or that amendment may reduce amounts for

9 that emergency.’’.

10 (d) CONFORMING AMENDMENT.—The table of con11 tents set forth in section 1(b) of the Congressional Budget

12 and Impoundment Control Act of 1974 is amended by in13 serting after the item relating to section 407 the following

14 new item:

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

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