I 

111TH CONGRESS 

1ST SESSION H. R. 534 

To improve the ability of Congress to set spending priorities and enforce 

spending limits. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2009 

Mr. NEUGEBAUER introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform, and in addition to the 

Committees on Rules and the Budget, 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 improve the ability of Congress to set spending priorities 

and enforce spending limits. 

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; TABLE OF CONTENTS. 

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

5 ‘‘Responsible Government Empowerment Act of 2009’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

TITLE I—SUNSETTING OF FEDERAL AGENCIES 

Sec. 101. Review and abolishment of Federal agencies. 

Sec. 102. Establishment of Commission. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 534 IH

Sec. 103. Review of efficiency and need for Federal agencies. 

Sec. 104. Criteria for review. 

Sec. 105. Commission oversight. 

Sec. 106. Rulemaking authority. 

Sec. 107. Relocation of Federal employees. 

Sec. 108. Program inventory. 

Sec. 109. Definition of agency. 

Sec. 110. Offset of amounts appropriated. 

TITLE II—TREATMENT OF EMERGENCY SPENDING LEGISLATION 

Sec. 201. Single purpose. 

Sec. 202. Treatment. 

Sec. 203. Treatment of earmarks. 

TITLE III—STATUTORY DISCRETIONARY SPENDING CAPS 

Sec. 301. Congressional action. 

TITLE IV—ADDITIONAL BUDGETARY ENFORCEMENT MEASURES 

Sec. 401. Specific dollar amounts required for authorizations. 

Sec. 402. GAO statement in committee reports. 

Sec. 403. CBO cost estimate required for all bills considered by the House of 

Representatives or the Senate. 

Sec. 404. Recorded votes required on authorization of more than $75,000,000. 

1 TITLE I—SUNSETTING OF 

2 FEDERAL AGENCIES 

3 SEC. 101. REVIEW AND ABOLISHMENT OF FEDERAL AGEN4 CIES. 

5 (a) SCHEDULE FOR REVIEW.—Not later than one 

6 year after the date of the enactment of this Act, the Fed7 eral Agency Sunset Commission established under section 

8 102 (in this title referred to as the ‘‘Commission’’) shall 

9 submit to Congress a schedule for review by the Commis10 sion, at least once every 12 years (or less, if determined 

11 appropriate by Congress), of the abolishment or reorga12 nization of each agency. 

13 (b) REVIEW OF AGENCIES PERFORMING RELATED

14 FUNCTIONS.—In determining the schedule for review of 


rfrederick on PROD1PC67 with BILLS
3 

•HR 534 IH

1 agencies under subsection (a), the Commission shall pro2 vide that agencies that perform similar or related func3 tions be reviewed concurrently to promote efficiency and 

4 consolidation. 

5 (c) ABOLISHMENT OF AGENCIES.— 

6 (1) IN GENERAL.—Each agency shall— 

7 (A) be reviewed according to the schedule 

8 created pursuant to this section; and 

9 (B) be abolished not later than one year 

10 after the date that the Commission completes 

11 its review of the agency pursuant to such sched12 ule, unless the agency is reauthorized by the 

13 Congress. 

14 (2) EXTENSION.—The deadline for abolishing 

15 an agency may be extended for an additional two 

16 years after the date described in paragraph (1)(B) 

17 if the Congress enacts legislation extending such 

18 deadline by a vote of a super majority of the House 

19 of Representatives and the Senate. 

20 SEC. 102. ESTABLISHMENT OF COMMISSION. 

21 (a) ESTABLISHMENT.—There is established a com22 mission to be known as the ‘‘Federal Agency Sunset Com23 mission’’. 


rfrederick on PROD1PC67 with BILLS
4 

•HR 534 IH

1 (b) COMPOSITION.—The Commission shall be com2 posed of 12 members (in this title referred to as the 

3 ‘‘members’’) who shall be appointed as follows: 

4 (1) Six members shall be appointed by the 

5 Speaker of the House of Representatives, one of 

6 whom may include the Speaker of the House of Rep7 resentatives, with minority members appointed with 

8 the consent of the minority leader of the House of 

9 Representatives. 

10 (2) Six members shall be appointed by the ma11 jority leader of the Senate, one of whom may include 

12 the majority leader of the Senate, with minority 

13 members appointed with the consent of the minority 

14 leader of the Senate. 

15 (c) QUALIFICATIONS OF MEMBERS.— 

16 (1) IN GENERAL.—(A) Of the members ap17 pointed under subsection (b)(1), four shall be mem18 bers of the House of Representatives (not more than 

19 two of whom may be of the same political party), 

20 and two shall be an individual described in subpara21 graph (C). 

22 (B) Of the members appointed under subsection 

23 (b)(2), four shall be members of the Senate (not 

24 more than two of whom may be of the same political 


rfrederick on PROD1PC67 with BILLS
5 

•HR 534 IH

1 party) and two shall be an individual described in 

2 subparagraph (C). 

3 (C) An individual under this subparagraph is 

4 an individual— 

5 (i) who is not a member of Congress; and 

6 (ii) with expertise in the operation and ad7 ministration of Government programs. 

8 (2) CONTINUATION OF MEMBERSHIP.—If a 

9 member was appointed to the Commission as a 

10 Member of Congress and the member ceases to be 

11 a Member of Congress, that member shall cease to 

12 be a member of the Commission. The validity of any 

13 action of the Commission shall not be affected as a 

14 result of a member becoming ineligible to serve as 

15 a member for the reasons described in this para16 graph. 

17 (d) INITIAL APPOINTMENTS.—All initial appoint18 ments to the Commission shall be made not later than 90 

19 days after the date of the enactment of this Act. 

20 (e) CHAIRMAN; VICE CHAIRMAN.— 

21 (1) INITIAL CHAIRMAN.—An individual shall be 

22 designated by the Speaker of the House of Rep23 resentatives from among the members initially ap24 pointed under subsection (b)(1) to serve as chairman 

25 of the Commission for a period of 2 years. 


rfrederick on PROD1PC67 with BILLS
6 

•HR 534 IH

1 (2) INITIAL VICE-CHAIRMAN.—An individual 

2 shall be designated by the majority leader of the 

3 Senate from among the individuals initially ap4 pointed under subsection (b)(2) to serve as vice5 chairman of the Commission for a period of two 

6 years. 

7 (3) ALTERNATE APPOINTMENTS OF CHAIRMEN

8 AND VICE-CHAIRMEN.—Following the termination of 

9 the two-year period described in paragraphs (1) and 

10 (2), the Speaker and the majority leader shall alter11 nate every two years in appointing the chairman and 

12 vice-chairman of the Commission. 

13 (f) TERMS OF MEMBERS.— 

14 (1) MEMBERS OF CONGRESS.—Each member 

15 appointed to the Commission who is a member of 

16 Congress shall serve for a term of six years, except 

17 that, of the members first appointed under para18 graphs (1) and (2) of subsection (b), 2 members 

19 shall be appointed to serve a term of three years 

20 under each such paragraph. 

21 (2) OTHER MEMBERS.—Each member of the 

22 Commission who is not a member of Congress shall 

23 serve for a term of three years. 

24 (3) TERM LIMIT.—(A) A member of the Com25 mission who is a member of Congress and who 


rfrederick on PROD1PC67 with BILLS
7 

•HR 534 IH

1 serves more than three years of a term may not be 

2 appointed to another term as a member. 

3 (B) A member of the Commission who is not a 

4 member of Congress and who serves as a member of 

5 the Commission for more than 56 months may not 

6 be appointed to another term as a member. 

7 (g) POWERS OF COMMISSION.— 

8 (1) HEARINGS AND SESSIONS.—The Commis9 sion may, for the purpose of carrying out this title, 

10 hold such hearings, sit and act at such times and 

11 places, take such testimony, and receive such evi12 dence as the Commission considers appropriate. The 

13 Commission may administer oaths to witnesses ap14 pearing before it. 

15 (2) OBTAINING INFORMATION.—The Commis16 sion may secure directly from any department or 

17 agency of the United States information necessary 

18 to enable it to carry out its duties under this title. 

19 Upon request of the Chairman, the head of that de20 partment or agency shall furnish that information to 

21 the Commission in a full and timely manner. 

22 (3) SUBPOENA POWER.—(A) The Commission 

23 may issue a subpoena to require the attendance and 

24 testimony of witnesses and the production of eviVerDate Nov 24 2008 04:52 Jan 16, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H534.IH H534

rfrederick on PROD1PC67 with BILLS
8 

•HR 534 IH

1 dence relating to any matter under investigation by 

2 the Commission. 

3 (B) If a person refuses to obey an order or sub4 poena of the Commission that is issued in connection 

5 with a Commission proceeding, the Commission may 

6 apply to the United States district court in the judi7 cial district in which the proceeding is held for an 

8 order requiring the person to comply with the sub9 poena or order. 

10 (4) IMMUNITY.—The Commission is an agency 

11 of the United States for purposes of part V of title 

12 18, United States Code (relating to immunity of wit13 nesses). 

14 (5) CONTRACT AUTHORITY.—The Commission 

15 may contract with and compensate government and 

16 private agencies or persons for services without re17 gard to section 3709 of the Revised Statutes (41 

18 U.S.C. 5). 

19 (h) COMMISSION PROCEDURES.— 

20 (1) MEETINGS.—The Commission shall meet at 

21 the call of the Chairman. 

22 (2) QUORUM.—Seven members of the Commis23 sion shall constitute a quorum but a lesser number 

24 may hold hearings. 

25 (i) PERSONNEL MATTERS.— 


rfrederick on PROD1PC67 with BILLS
9 

•HR 534 IH

1 (1) COMPENSATION.—Members shall not be 

2 paid by reason of their service as members. 

3 (2) TRAVEL EXPENSES.—Each member shall 

4 receive travel expenses, including per diem in lieu of 

5 subsistence, in accordance with sections 5702 and 

6 5703 of title 5, United States Code. 

7 (3) DIRECTOR.—The Commission shall have a 

8 Director who shall be appointed by the Chairman. 

9 The Director shall be paid at a rate not to exceed 

10 the maximum rate of basic pay payable for GS–15 

11 of the General Schedule. 

12 (4) STAFF.—The Director may appoint and fix 

13 the pay of additional personnel as the Director con14 siders appropriate. 

15 (5) APPLICABILITY OF CERTAIN CIVIL SERVICE

16 LAWS.—The Director and staff of the Commission 

17 shall be appointed subject to the provisions of title 

18 5, United States Code, governing appointments in 

19 the competitive service, and shall be paid in accord20 ance with the provisions of chapter 51 and sub21 chapter III of chapter 53 of that title relating to 

22 classification and General Schedule pay rates. 

23 (j) OTHER ADMINISTRATIVE MATTERS.— 

24 (1) POSTAL AND PRINTING SERVICES.—The 

25 Commission may use the United States mails and 


rfrederick on PROD1PC67 with BILLS
10 

•HR 534 IH

1 obtain printing and binding services in the same 

2 manner and under the same conditions as other de3 partments and agencies of the United States. 

4 (2) ADMINISTRATIVE SUPPORT SERVICES.— 

5 Upon the request of the Commission, the Adminis6 trator of General Services shall provide to the Com7 mission, on a reimbursable basis, the administrative 

8 support services necessary for the Commission to 

9 carry out its duties under this title. 

10 (3) EXPERTS AND CONSULTANTS.—The Com11 mission may procure temporary and intermittent 

12 services under section 3109(b) of title 5, United 

13 States Code. 

14 (k) SUNSET OF COMMISSION.—The Commission shall 

15 terminate on December 31, 2033, unless reauthorized by 

16 Congress. 

17 SEC. 103. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL 

18 AGENCIES. 

19 (a) IN GENERAL.—The Commission shall review the 

20 efficiency and public need for each agency in accordance 

21 with the criteria described in section 104. 

22 (b) RECOMMENDATIONS; REPORT TO CONGRESS.— 

23 The Commission shall submit to Congress and the Presi24 dent not later than September 1 of each year a report 

25 containing— 


rfrederick on PROD1PC67 with BILLS
11 

•HR 534 IH

1 (1) an analysis of the efficiency of operation 

2 and public need for each agency to be reviewed in 

3 the year in which the report is submitted pursuant 

4 to the schedule submitted to Congress under section 

5 101; 

6 (2) recommendations on whether each such 

7 agency should be abolished or reorganized; 

8 (3) recommendations on whether the functions 

9 of any other agencies should be consolidated, trans10 ferred, or reorganized in an agency to be reviewed 

11 in the year in which the report is submitted pursu12 ant to the schedule submitted to Congress under 

13 section 101; and 

14 (4) recommendations for administrative and 

15 legislative action with respect to each such agency, 

16 but not including recommendations for appropriation 

17 levels. 

18 (c) DRAFT LEGISLATION.—The Commission shall 

19 submit to Congress and the President not later than Sep20 tember 1 of each year a draft of legislation to carry out 

21 the recommendations of the Commission under subsection 

22 (b). 

23 (d) INFORMATION GATHERING.—The Commission 

24 shall— 


rfrederick on PROD1PC67 with BILLS
12 

•HR 534 IH

1 (1) conduct public hearings on the abolishment 

2 of each agency reviewed under subsection (b); 

3 (2) provide an opportunity for public comment 

4 on the abolishment of each such agency; 

5 (3) require the agency to provide information to 

6 the Commission as appropriate; and 

7 (4) consult with the General Accounting Office, 

8 the Office of Management and Budget, the Comp9 troller General, and the chairman and ranking mi10 nority members of the committees of Congress with 

11 oversight responsibility for the agency being re12 viewed regarding the operation of the agency. 

13 (e) USE OF PROGRAM INVENTORY.—The Commis14 sion shall use the program inventory prepared under sec15 tion 108 in reviewing the efficiency and public need for 

16 each agency under subsection (a). 

17 SEC. 104. CRITERIA FOR REVIEW. 

18 The Commission shall evaluate the efficiency and 

19 public need for each agency pursuant to section 103 using 

20 the following criteria: 

21 (1) The effectiveness, and the efficiency of the 

22 operation of, the programs carried out by each such 

23 agency. 

24 (2) Whether the programs carried out by the 

25 agency are cost-effective. 


rfrederick on PROD1PC67 with BILLS
13 

•HR 534 IH

1 (3) Whether the agency has acted outside the 

2 scope of its original authority, and whether the origi3 nal objectives of the agency have been achieved. 

4 (4) Whether less restrictive or alternative meth5 ods exist to carry out the functions of the agency. 

6 (5) The extent to which the jurisdiction of, and 

7 the programs administered by, the agency duplicate 

8 or conflict with the jurisdiction and programs of 

9 other agencies. 

10 (6) The potential benefits of consolidating pro11 grams administered by the agency with similar or 

12 duplicative programs of other agencies, and the po13 tential for consolidating such programs. 

14 (7) The number and types of beneficiaries or 

15 persons served by programs carried out by the agen16 cy. 

17 (8) The extent to which any trends, develop18 ments, and emerging conditions that are likely to af19 fect the future nature and extent of the problems or 

20 needs that the programs carried out by the agency 

21 are intended to address. 

22 (9) The extent to which the agency has com23 plied with the provisions contained in the Govern24 ment Performance and Results Act of 1993 (Public 

25 Law 103–62; 107 Stat. 285). 


rfrederick on PROD1PC67 with BILLS
14 

•HR 534 IH

1 (10) The promptness and effectiveness with 

2 which the agency seeks public input and input from 

3 State and local governments on the efficiency and ef4 fectiveness of the performance of the functions of 

5 the agency. 

6 (11) Whether the agency has worked to enact 

7 changes in the law that are intended to benefit the 

8 public as a whole rather than the specific business, 

9 institution, or individuals that the agency regulates. 

10 (12) The extent to which the agency has en11 couraged participation by the public as a whole in 

12 making its rules and decisions rather than encour13 aging participation solely by those it regulates. 

14 (13) The extent to which the public participa15 tion in rulemaking and decisionmaking of the agency 

16 has resulted in rules and decisions compatible with 

17 the objectives of the agency. 

18 (14) The extent to which the agency complies 

19 with section 552 of title 5, United States Code (com20 monly known as the ‘‘Freedom of Information Act’’). 

21 (15) The extent to which the agency complies 

22 with equal employment opportunity requirements re23 garding equal employment opportunity. 


rfrederick on PROD1PC67 with BILLS
15 

•HR 534 IH

1 (16) The extent of the regulatory, privacy, and 

2 paperwork impacts of the programs carried out by 

3 the agency. 

4 (17) The extent to which the agency has coordi5 nated with State and local governments in per6 forming the functions of the agency. 

7 (18) The potential effects of abolishing the 

8 agency on State and local governments. 

9 (19) The extent to which changes are necessary 

10 in the authorizing statutes of the agency in order 

11 that the functions of the agency can be performed 

12 in the most efficient and effective manner. 

13 SEC. 105. COMMISSION OVERSIGHT. 

14 (a) MONITORING OF IMPLEMENTATION OF REC15 OMMENDATIONS.—The Commission shall monitor imple16 mentation of laws enacting provisions that incorporate rec17 ommendations of the Commission with respect to abolish18 ment or reorganization of agencies. 

19 (b) MONITORING OF OTHER RELEVANT LEGISLA20 TION.— 

21 (1) IN GENERAL.—The Commission shall review 

22 and report to Congress on all legislation introduced 

23 in either house of Congress that would establish— 

24 (A) a new agency; or 


rfrederick on PROD1PC67 with BILLS
16 

•HR 534 IH

1 (B) a new program to be carried out by an 

2 existing agency. 

3 (2) REPORT TO CONGRESS.—The Commission 

4 shall include in each report submitted to Congress 

5 under paragraph (1) an analysis of whether— 

6 (A) the functions of the proposed agency 

7 or program could be carried out by one or more 

8 existing agencies; 

9 (B) the functions of the proposed agency 

10 or program could be carried out in a less re11 strictive manner than the manner proposed in 

12 the legislation; and 

13 (C) the legislation provides for public input 

14 regarding the performance of functions by the 

15 proposed agency or program. 

16 SEC. 106. RULEMAKING AUTHORITY. 

17 The Commission may promulgate such rules as nec18 essary to carry out this title. 

19 SEC. 107. RELOCATION OF FEDERAL EMPLOYEES. 

20 If the position of an employee of an agency is elimi21 nated as a result of the abolishment of an agency in ac22 cordance with this title, there shall be a reasonable effort 

23 to relocate such employee to a position within another 

24 agency. 


rfrederick on PROD1PC67 with BILLS
17 

•HR 534 IH

1 SEC. 108. PROGRAM INVENTORY. 

2 (a) PREPARATION.—The Comptroller General and 

3 the Director of the Congressional Budget Office, in co4 operation with the Director of the Congressional Research 

5 Service, shall prepare an inventory of Federal programs 

6 (in this title referred to as the ‘‘program inventory’’) with7 in each agency. 

8 (b) PURPOSE.—The purpose of the program inven9 tory is to advise and assist the Congress and the Commis10 sion in carrying out the requirements of this title. Such 

11 inventory shall not in any way bind the committees of the 

12 Senate or the House of Representatives with respect to 

13 their responsibilities under this title and shall not infringe 

14 on the legislative and oversight responsibilities of such 

15 committees. The Comptroller General shall compile and 

16 maintain the inventory and the Director of the Congres17 sional Budget Office shall provide budgetary information 

18 for inclusion in the inventory. 

19 (c) INVENTORY CONTENT.—The program inventory 

20 shall set forth for each program each of the following mat21 ters: 

22 (1) The specific provision or provisions of law 

23 authorizing the program. 

24 (2) The committees of the Senate and the 

25 House of Representatives which have legislative or 

26 oversight jurisdiction over the program. 


rfrederick on PROD1PC67 with BILLS
18 

•HR 534 IH

1 (3) A brief statement of the purpose or pur2 poses to be achieved by the program. 

3 (4) The committees which have jurisdiction over 

4 legislation providing new budget authority for the 

5 program, including the appropriate subcommittees of 

6 the Committees on Appropriations of the Senate and 

7 the House of Representatives. 

8 (5) The agency and, if applicable, the subdivi9 sion thereof responsible for administering the pro10 gram. 

11 (6) The grants-in-aid, if any, provided by such 

12 program to State and local governments. 

13 (7) The next reauthorization date for the pro14 gram. 

15 (8) A unique identification number which links 

16 the program and functional category structure. 

17 (9) The year in which the program was origi18 nally established and, where applicable, the year in 

19 which the program expires. 

20 (10) Where applicable, the year in which new 

21 budget authority for the program was last author22 ized and the year in which current authorizations of 

23 new budget authority expire. 


rfrederick on PROD1PC67 with BILLS
19 

•HR 534 IH

1 (d) BUDGET AUTHORITY.—The report also shall set 

2 forth for each program whether the new budget authority 

3 provided for such programs is— 

4 (1) authorized for a definite period of time; 

5 (2) authorized in a specific dollar amount but 

6 without limit of time; 

7 (3) authorized without limit of time or dollar 

8 amounts; 

9 (4) not specifically authorized; or 

10 (5) permanently provided, 

11 as determined by the Director of the Congressional Budg12 et Office. 

13 (e) CBO INFORMATION.—For each program or group 

14 of programs, the program inventory also shall include in15 formation prepared by the Director of the Congressional 

16 Budget Office indicating each of the following matters: 

17 (1) The amounts of new budget authority au18 thorized and provided for the program for each of 

19 the preceding four fiscal years and, where applicable, 

20 the four succeeding fiscal years. 

21 (2) The functional and subfunctional category 

22 in which the program is presently classified and was 

23 classified under the fiscal year 2009 budget. 


rfrederick on PROD1PC67 with BILLS
20 

•HR 534 IH

1 (3) The identification code and title of the ap2 propriation account in which budget authority is 

3 provided for the program. 

4 (f) MUTUAL EXCHANGE OF INFORMATION.—The 

5 General Accounting Office, the Congressional Research 

6 Service, and the Congressional Budget Office shall permit 

7 the mutual exchange of available information in their pos8 session which would aid in the compilation of the program 

9 inventory. 

10 (g) ASSISTANCE BY EXECUTIVE BRANCH.—The Of11 fice of Management and Budget, and the Executive agen12 cies and the subdivisions thereof shall, to the extent nec13 essary and possible, provide the General Accounting Office 

14 with assistance requested by the Comptroller General in 

15 the compilation of the program inventory. 

16 SEC. 109. DEFINITION OF AGENCY. 

17 As used in this title, the term ‘‘agency’’ has the 

18 meaning given that term by section 105 of title 5, United 

19 States Code, except that such term includes an advisory 

20 committee as that term is defined in section 102(2) of the 

21 Federal Advisory Committee Act. 

22 SEC. 110. OFFSET OF AMOUNTS APPROPRIATED. 

23 Amounts appropriated to carry out this title shall be 

24 offset by a reduction in amounts appropriated to carry out 

25 programs of other Federal agencies. 


rfrederick on PROD1PC67 with BILLS
21 

•HR 534 IH

1 TITLE II—TREATMENT OF EMER2 GENCY SPENDING LEGISLA3 TION 

4 SEC. 201. SINGLE PURPOSE. 

5 It shall not be in order in the House of Representa6 tives or the Senate to consider any measure making sup7 plemental appropriations for two or more unrelated emer8 gencies. 

9 SEC. 202. TREATMENT. 

10 (a) POINT OF ORDER.—(1) A provision containing 

11 any spending that is not designated as emergency spend12 ing may not be reported in a measure making supple13 mental appropriations. 

14 (2) It shall not be in order in the House of Represent15 atives or the Senate to consider the conference report on 

16 any measure making supplemental appropriations if such 

17 measure contains any spending that is not designated as 

18 emergency spending. 

19 (3) It shall not be in order in the House of Represent20 atives or the Senate to consider any bill, joint resolution, 

21 or conference report if the accompanying report or joint 

22 statement of managers, as applicable, does not comply 

23 with subsection (b). 

24 (b) COMMITTEE NOTIFICATION OF EMERGENCY LEG25 ISLATION.—Whenever the Committee on Appropriations 


rfrederick on PROD1PC67 with BILLS
22 

•HR 534 IH

1 or any other committee of the House of Representatives 

2 or the Senate (including a committee of conference) re3 ports any bill or joint resolution that provides budget au4 thority for any emergency, the report accompanying that 

5 bill or joint resolution (or the joint explanatory statement 

6 of managers in the case of a conference report on any such 

7 bill or joint resolution) shall identify all provisions that 

8 provide budget authority and the outlays flowing there9 from for such emergency and include a statement of the 

10 reasons why such budget authority meets the definition 

11 of an emergency and a justification of why such funding 

12 is in a supplemental appropriation and not the regular ap13 propriation for the next fiscal year. 

14 (c) DEFINITION OF EMERGENCY.—(1) As used in 

15 this section, the term ‘‘emergency’’ means a situation 

16 that— 

17 (A) requires new budget authority and outlays 

18 (or new budget authority and the outlays flowing 

19 therefrom) for the prevention or mitigation of, or re20 sponse to, loss of life or property, or a threat to na21 tional security; and 

22 (B) is unanticipated. 

23 (2) As used in paragraph (1), the term ‘‘unantici24 pated’’ means that the situation is— 


rfrederick on PROD1PC67 with BILLS
23 

•HR 534 IH

1 (A) sudden, which means quickly coming into 

2 being or not building up over time; 

3 (B) urgent, which means a pressing and com4 pelling need requiring immediate action; 

5 (C) unforeseen, which means not predicted or 

6 anticipated as an emerging need; and 

7 (D) temporary, which means not of a perma8 nent duration. 

9 SEC. 203. TREATMENT OF EARMARKS. 

10 (a) POINTS OF ORDER.—(1) A provision containing 

11 an earmark may not be reported in a measure making sup12 plemental appropriations. 

13 (2) It shall not be in order in the House of Represent14 atives or the Senate to consider the conference report on 

15 any measure making supplemental appropriations if such 

16 measure contains any earmarks. 

17 (b) DEFINITION OF EARMARK.—As used in sub18 section (a), the term ‘‘earmark’’ has the meaning given 

19 to the term ‘‘congressional earmark’’ in clause 9 of rule 

20 XXI of the Rules of the House of Representatives, One 

21 Hundred Eleventh Congress. 


rfrederick on PROD1PC67 with BILLS
24 

•HR 534 IH

1 TITLE III—STATUTORY DISCRE2 TIONARY SPENDING CAPS 

3 SEC. 301. CONGRESSIONAL ACTION. 

4 Within 90 days after the date of enactment of this 

5 Act, the Committees on the Budget of the House of Rep6 resentatives and the Senate shall each report a bill— 

7 (1) establishing discretionary spending limits 

8 for at least each of the 3 fiscal years beginning at 

9 least 90 calendar days after such bill is reported; 

10 and 

11 (2) providing that such limits shall be enforce12 able through presidential sequestration orders. 

13 TITLE IV—ADDITIONAL BUDG14 ETARY ENFORCEMENT MEAS15 URES 

16 SEC. 401. SPECIFIC DOLLAR AMOUNTS REQUIRED FOR AU17 THORIZATIONS. 

18 It shall not be in order in the House of Representa19 tives or the Senate to consider any bill or joint resolution, 

20 or amendment thereto or conference report thereon, that 

21 authorizes a program, project, or activity and does not set 

22 forth a specific dollar amount for such authorization. 

23 SEC. 402. GAO STATEMENT IN COMMITTEE REPORTS. 

24 (a) COMMITTEE REPORTS.—Each report of a com25 mittee of the House of Representatives or the Senate on 


rfrederick on PROD1PC67 with BILLS
25 

•HR 534 IH

1 a bill or joint resolution authorizing any program, project, 

2 or activity shall contain a statement by the General Ac3 counting Office describing the degree to which such au4 thorization is duplicative of an existing authorization for 

5 any program, project, or activity. 

6 (b) CONFORMING AMENDMENT.—The Director of the 

7 General Accounting Office shall prepare for each bill or 

8 joint resolution described in subsection (a) and reported 

9 by any committee of the House of Representatives or the 

10 Senate, and submit to such committee the information re11 quired by that subsection. 

12 SEC. 403. CBO COST ESTIMATE REQUIRED FOR ALL BILLS 

13 CONSIDERED BY THE HOUSE OF REPRESENT14 ATIVES OR THE SENATE. 

15 It shall not be in order in the House of Representa16 tives or the Senate to consider any bill or joint resolution, 

17 or amendment thereto or conference report thereon, unless 

18 the chairman of the committee with jurisdiction over such 

19 bill or joint resolution has made available an estimate by 

20 the Director of the Congressional Budget Office of the 

21 costs which would be incurred in carrying out such bill 

22 or joint resolution in the fiscal year in which it is to be23 come effective and each of the 4 fiscal years following such 

24 fiscal year, together with a basis for each such estimate. 


rfrederick on PROD1PC67 with BILLS
26 

•HR 534 IH

1 SEC. 404. RECORDED VOTES REQUIRED ON AUTHORIZA2 TION OF MORE THAN $75,000,000. 

3 In the House of Representatives or the Senate, a re4 corded vote shall be required on final passage of any bill, 

5 joint resolution, or conference report that authorizes the 

6 appropriations of more than $75,000,000 for a period of 

7 not to exceed 5 fiscal years. 

Æ 


rfrederick on PROD1PC67 with BILLS