I 

116TH CONGRESS 

1ST SESSION H. R. 3908 

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2019 

Mr. KINZINGER (for himself, Mr. COOPER, and Mr. YOHO) 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. 

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; PURPOSE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Truth in Spending Act of 2019’’. 

6 (b) PURPOSE.—It is the purpose of this Act to— 

7 (1) improve congressional control over the Fed8 eral budget process; 


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1 (2) to facilitate the determination each year of 

2 the appropriate level of Federal revenues and ex3 penditures by the Congress and the President; and 

4 (3) to provide for the furnishing of information 

5 that will assist the Congress in controlling growth of 

6 direct spending programs. 

7 SEC. 2. PRESIDENTS’ BUDGET SUBMISSIONS. 

8 (a) OMB REPORT REGARDING DIFFERENCE BE9 TWEEN ACTUAL AND ESTIMATED COSTS OF DIRECT

10 SPENDING LEGISLATION.—Section 1105(a) of title 31, 

11 United States Code, is amended by adding at the end the 

12 following new paragraph: 

13 ‘‘(40) the most recent reports of the Director of 

14 the Office of Management and Budget under sub15 sections (a) and (b) of section 3 of the Truth in 

16 Spending Act of 2019 regarding the difference be17 tween the actual costs and the estimated costs of di18 rect spending legislation, including proposed legisla19 tive language, if any, in such reports.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 subsection (a) shall apply to budget submissions made by 

22 the President beginning with the submission for fiscal year 

23 2021. 


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1 SEC. 3. LONG-TERM FISCAL ACCOUNTABILITY OF DIRECT 

2 SPENDING LEGISLATION. 

3 (a) INITIAL FIVE-YEAR REPORT.—Not later than 

4 January 15, 2020, and each subsequent year, the Director 

5 of the Office of Management and Budget shall submit to 

6 the President for inclusion in his annual budget submis7 sion under section 1105(a) of title 31, United States Code, 

8 a report setting forth the following: 

9 (1) For all Acts affecting direct spending rel10 ative to the baseline enacted during the sixth cal11 endar year before the calendar year in which this re12 port is submitted, the total cost as estimated by the 

13 Director of the Congressional Budget Office for the 

14 then budget year and four outyears. 

15 (2) For all Acts affecting direct spending rel16 ative to the baseline enacted during the sixth cal17 endar year before the calendar year in which this re18 port is submitted, the actual total cost as computed 

19 by the Director of the Office of Management and 

20 Budget for the then budget year and four outyears. 

21 (3) For such 5-fiscal-year period, the net 

22 amount by which the actual cost of all such Acts ex23 ceeds the estimated cost of all such Acts, or the net 

24 amount by which the estimated cost of all such Acts 

25 exceeds the actual cost of all such Acts, as the case 

26 may be. 


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1 (4) If the actual total cost of all such Acts ex2 ceeds the estimated total cost, then proposed legisla3 tive language to eliminate such excess cost. 

4 (5) If the actual total cost of all such Acts ex5 ceeds the estimated total cost, then a detailed state6 ment of the most likely reasons why that occurred. 

7 (6) A list of each Act for which the actual total 

8 cost exceeded the estimated total cost for the appli9 cable five-year period described in paragraph (3) and 

10 the dollar amount of such excess. 

11 (b) FOLLOW-UP FIVE-YEAR REPORT.—Not later 

12 than January 15, 2020, and each subsequent year, the 

13 Director of the Office of Management and Budget shall 

14 submit to the President for inclusion in his annual budget 

15 submission under section 1105(a) of title 31, United 

16 States Code, a report setting forth the following: 

17 (1) For all Acts affecting direct spending rel18 ative to the baseline enacted during the eleventh cal19 endar year before the calendar year in which this re20 port is submitted, the total cost as estimated by the 

21 Director of the Congressional Budget Office for the 

22 5-fiscal-year period, the first fiscal year of which be23 gins immediately after the last fiscal year covered by 

24 the corresponding initial five-year report under sub25 section (a). 


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1 (2) For all Acts affecting direct spending rel2 ative to the baseline enacted during the eleventh cal3 endar year before the calendar year in which this re4 port is submitted, the actual total cost as computed 

5 by the Director of the Office of Management and 

6 Budget for the 5-fiscal-year period, the first fiscal 

7 year of which begins immediately after the last fiscal 

8 year covered by the corresponding initial five-year 

9 report under subsection (a). 

10 (3) For such 5-fiscal-year period, the net 

11 amount by which the actual cost of all such Acts ex12 ceeds the estimated cost of all such Acts, or the net 

13 amount by which the estimated cost of all such Acts 

14 exceeds the actual cost of all such Acts, as the case 

15 may be. 

16 (4) If the actual total cost of all such Acts ex17 ceeds the estimated total cost, then propose legisla18 tive language to eliminate such excess cost. 

19 (5) If the actual total cost of all such Acts ex20 ceeds the estimated total cost, then a detailed state21 ment of the most likely reasons why that occurred. 

22 (6) A list of each Act for which the actual total 

23 cost exceeded the estimated total cost for the appli24 cable five-year period described in paragraph (3) and 

25 the dollar amount of such excess. 


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1 (c) DEFINITION.—As used in this section, the term 

2 ‘‘direct spending’’ has the meaning given such term in sec3 tion 250(c)(8) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 SEC. 4. FAST TRACK PROCEDURE. 

6 (a) PRESIDENTIAL SUBMISSION TO CONGRESS.— 

7 Upon receiving any report from the Director of the Office 

8 of Management and Budget pursuant to subsection (a) or 

9 (b) of section 3, the President shall, within 7 days, submit 

10 any proposed legislative language set forth in such report 

11 to the House of Representatives and to the Senate. 

12 (b) CONGRESSIONAL CONSIDERATION.— 

13 (1) INTRODUCTION.— 

14 (A) IN GENERAL.—On the day on which 

15 the proposed legislative language is submitted 

16 by the President to the House of Representa17 tives and the Senate under subsection (a), it 

18 shall be introduced (by request) in the Senate 

19 by the majority leader of the Senate or by 

20 Members of the Senate designated by the ma21 jority leader of the Senate and shall be intro22 duced (by request) in the House by the major23 ity leader of the House or by Members of the 

24 House designated by the majority leader of the 

25 House. 


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1 (B) NOT IN SESSION.—If either House is 

2 not in session on the day on which such legisla3 tive proposal is submitted, the legislative pro4 posal shall be introduced in that House, as pro5 vided in subparagraph (A), on the first day 

6 thereafter on which that House is in session. 

7 (C) ANY MEMBER.—If the legislative pro8 posal is not introduced in either House within 

9 5 days on which that House is in session after 

10 the day on which the legislative proposal is sub11 mitted, then any Member of that House may 

12 introduce the legislative proposal. 

13 (D) REFERRAL.—The legislation intro14 duced under this paragraph shall be referred by 

15 the Presiding Officers of the respective Houses 

16 to the appropriate committees. 

17 (2) COMMITTEE CONSIDERATION OF PRO18 POSAL.— 

19 (A) REPORTING BILL.—Not later than 

20 April 1 of any year in which a proposal is sub21 mitted by the President to Congress under this 

22 section, the applicable committees of the House 

23 of Representatives and of the Senate may re24 port the bill referred to them under paragraph 

25 (1)(D) with committee amendments, such that 


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1 the bill, as amended, achieves the cost savings 

2 in the original submission. 

3 (B) DISCHARGE.—If, with respect to the 

4 House involved, the committee has not reported 

5 the bill by the date required by subparagraph 

6 (A), the committee shall be discharged from 

7 further consideration of the proposal. 

8 (3) LIMITATION ON CHANGES TO REC9 OMMENDATIONS.— 

10 (A) IN GENERAL.—It shall not be in order 

11 in the Senate or the House of Representatives 

12 to consider any bill, resolution, or amendment 

13 pursuant to this subsection or conference report 

14 thereon that fails to achieve the cost savings set 

15 forth in the original submission by the Presi16 dent from among the Acts set forth on the list 

17 compiled under section 3(a)(6). 

18 (B) WAIVER.—This paragraph may be 

19 waived or suspended in the Senate only by the 

20 affirmative vote of three-fifths of the Members, 

21 duly chosen and sworn. 

22 (C) APPEALS.—An affirmative vote of 

23 three-fifths of the Members of the Senate, duly 

24 chosen and sworn, shall be required in the Sen25 ate to sustain an appeal of the ruling of the 


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1 Chair on a point of order raised under this 

2 paragraph. 

3 (4) EXPEDITED PROCEDURE.— 

4 (A) CONSIDERATION.—A motion to pro5 ceed to the consideration of the bill in the Sen6 ate is not debatable. 

7 (B) AMENDMENT.— 

8 (i) TIME LIMITATION.—Debate in the 

9 Senate on any amendment to a bill under 

10 this section shall be limited to 1 hour, to 

11 be equally divided between, and controlled 

12 by, the mover and the manager of the bill, 

13 and debate on any amendment to an 

14 amendment, debatable motion, or appeal 

15 shall be limited to 30 minutes, to be equal16 ly divided between, and controlled by, the 

17 mover and the manager of the bill, except 

18 that in the event the manager of the bill 

19 is in favor of any such amendment, mo20 tion, or appeal, the time in opposition 

21 thereto shall be controlled by the minority 

22 leader or such leader’s designee. 

23 (ii) GERMANE.—No amendment that 

24 is not germane to the provisions of such 

25 bill shall be received. 


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1 (iii) ADDITIONAL TIME.—The leaders, 

2 or either of them, may, from the time 

3 under their control on the passage of the 

4 bill, allot additional time to any Senator 

5 during the consideration of any amend6 ment, debatable motion, or appeal. 

7 (iv) AMENDMENT NOT IN ORDER.—It 

8 shall not be in order to consider an amend9 ment that would cause the bill to have cost 

10 savings that are less than the cost savings 

11 set forth in the original submission by the 

12 President. 

13 (v) WAIVER AND APPEALS.—This 

14 paragraph may be waived or suspended in 

15 the Senate only by the affirmative vote of 

16 three-fifths of the Members, duly chosen 

17 and sworn. An affirmative vote of three18 fifths of the Members of the Senate, duly 

19 chosen and sworn, shall be required in the 

20 Senate to sustain an appeal of the ruling 

21 of the Chair on a point of order raised 

22 under this section. 

23 (C) CONSIDERATION BY THE OTHER

24 HOUSE.— 


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1 (i) IN GENERAL.—The expedited pro2 cedures provided in this subsection for the 

3 consideration of a bill introduced pursuant 

4 to paragraph (1) shall not apply to such a 

5 bill that is received by one House from the 

6 other House if such a bill was not intro7 duced in the receiving House. 

8 (ii) BEFORE PASSAGE.—If a bill that 

9 is introduced pursuant to paragraph (1) is 

10 received by one House from the other 

11 House, after introduction but before dis12 position of such a bill in the receiving 

13 House, then the following shall apply: 

14 (I) The receiving House shall 

15 consider the bill introduced in that 

16 House through all stages of consider17 ation up to, but not including, pas18 sage. 

19 (II) The question on passage 

20 shall be put on the bill of the other 

21 House as amended by the language of 

22 the receiving House. 

23 (iii) AFTER PASSAGE.—If a bill intro24 duced pursuant to paragraph (1) is re25 ceived by one House from the other House, 


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1 after such a bill is passed by the receiving 

2 House, then the vote on passage of the bill 

3 that originates in the receiving House shall 

4 be considered to be the vote on passage of 

5 the bill received from the other House as 

6 amended by the language of the receiving 

7 House. 

8 (iv) DISPOSITION.—Upon disposition 

9 of a bill introduced pursuant to paragraph 

10 (1) that is received by one House from the 

11 other House, it shall no longer be in order 

12 to consider the bill that originates in the 

13 receiving House. 

14 (v) LIMITATION.—Clauses (ii), (iii), 

15 and (iv) shall apply only to a bill received 

16 by one House from the other House if the 

17 bill would have cost savings that are not 

18 less than the cost savings set forth in the 

19 original submission by the President. 

20 (D) SENATE LIMITS ON DEBATE.— 

21 (i) IN GENERAL.—In the Senate, con22 sideration of the bill and on all debatable 

23 motions and appeals in connection there24 with shall not exceed a total of 20 hours, 

25 which shall be divided equally between the 


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1 majority and minority leaders or their des2 ignees. 

3 (ii) MOTION TO FURTHER LIMIT DE4 BATE.—A motion to further limit debate 

5 on the bill is in order and is not debatable. 

6 (iii) MOTION OR APPEAL.—Any debat7 able motion or appeal is debatable for not 

8 to exceed 1 hour, to be divided equally be9 tween those favoring and those opposing 

10 the motion or appeal. 

11 (iv) FINAL DISPOSITION.—After 20 

12 hours of consideration, the Senate shall 

13 proceed, without any further debate on any 

14 question, to vote on the final disposition 

15 thereof to the exclusion of all amendments 

16 not then pending before the Senate at that 

17 time and to the exclusion of all motions, 

18 except a motion to table, or to reconsider 

19 and one quorum call on demand to estab20 lish the presence of a quorum (and mo21 tions required to establish a quorum) im22 mediately before the final vote begins. 

23 (E) CONSIDERATION IN CONFERENCE.— 

24 (i) IN GENERAL.—Consideration in 

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1 tives on the conference report or any mes2 sages between Houses shall be limited to 

3 10 hours, equally divided and controlled by 

4 the majority and minority leaders of the 

5 Senate or their designees and the Speaker 

6 of the House of Representatives and the 

7 minority leader of the House of Represent8 atives or their designees. 

9 (ii) TIME LIMITATION.—Debate in the 

10 Senate on any amendment under this sub11 paragraph shall be limited to 1 hour, to be 

12 equally divided between, and controlled by, 

13 the mover and the manager of the bill, and 

14 debate on any amendment to an amend15 ment, debatable motion, or appeal shall be 

16 limited to 30 minutes, to be equally divided 

17 between, and controlled by, the mover and 

18 the manager of the bill, except that in the 

19 event the manager of the bill is in favor of 

20 any such amendment, motion, or appeal, 

21 the time in opposition thereto shall be con22 trolled by the minority leader or such lead23 er’s designee. 

24 (iii) FINAL DISPOSITION.—After 10 

25 hours of consideration, the Senate shall 


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1 proceed, without any further debate on any 

2 question, to vote on the final disposition 

3 thereof to the exclusion of all motions not 

4 then pending before the Senate at that 

5 time or necessary to resolve the differences 

6 between the Houses and to the exclusion of 

7 all other motions, except a motion to table, 

8 or to reconsider and one quorum call on 

9 demand to establish the presence of a 

10 quorum (and motions required to establish 

11 a quorum) immediately before the final 

12 vote begins. 

13 (iv) LIMITATION.—Clauses (i) through 

14 (iii) shall only apply to a conference report, 

15 message or the amendments thereto if the 

16 conference report, message, or an amend17 ment thereto— 

18 (I) is related only to the program 

19 under this title; and 

20 (II) satisfies the requirements of 

21 subparagraphs (A)(i) and (C) of sub22 section (c)(2). 

23 (F) VETO.—If the President vetoes the 

24 bill, debate on a veto message in the Senate 

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1 vided between the majority and minority leaders 

2 or their designees. 

3 (5) RULES OF THE SENATE AND HOUSE OF

4 REPRESENTATIVES.—This section is enacted by Con5 gress— 

6 (A) as an exercise of the rulemaking power 

7 of the Senate and the House of Representa8 tives, respectively, and is deemed to be part of 

9 the rules of each House, respectively, but appli10 cable only with respect to the procedure to be 

11 followed in that House in the case of a bill 

12 under this section, and it supersedes other rules 

13 only to the extent that it is inconsistent with 

14 such rules; and 

15 (B) with full recognition of the constitu16 tional right of either House to change the rules 

17 (so far as they relate to the procedure of that 

18 House) at any time, in the same manner, and 

19 to the same extent as in the case of any other 

20 rule of that House. 

21 (c) NO ENTRY ON PAYGO SCORECARDS.—The 

22 budgetary effects of any legislation under this section shall 

23 not be entered on either PAYGO scorecard under the Stat24 utory Pay-As-You-Go Act of 2010. 

Æ 


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