I 
111TH CONGRESS 
1ST SESSION H. R. 1814 
To amend the Balanced Budget and Emergency Deficit Control Act of 1985 
to extend the discretionary spending limits through fiscal year 2014, 
to extend paygo for direct spending, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 31, 2009 
Mr. BARRETT of South Carolina (for himself, Mr. INGLIS, Mr. PAUL, Mr. 
WESTMORELAND, Mr. AKIN, and Mrs. BACHMANN) introduced the fol-
lowing bill; which was referred to the Committee on the Budget, and in 
addition to the Committee on Rules, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 to extend the discretionary spending 
limits through fiscal year 2014, to extend paygo for 
direct spending, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Taxpayer Empower-
ment and Advocacy Act of 2009’’. 
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SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. 
(a) ADJUSTMENTS
TO DISCRETIONARY SPENDING 
LIMITS.—In the matter that precedes subparagraph (A) 
of section 251(b)(2) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, strike ‘‘through 2002’’. 
(b) DISCRETIONARY
SPENDING
LIMIT.—Section 
251(c) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended as follows: 
(1) Strike paragraphs (1) through (16) and in-
sert the following new paragraphs: 
‘‘(1) with respect to fiscal year 2010, for the 
discretionary category: $925,119,000,000 in total 
new budget authority; 
‘‘(2) with respect to fiscal year 2011, for the 
discretionary category: an amount of new budget au-
thority equal to the amount of total new budget au-
thority specified in paragraph (1) adjusted to reflect 
the change in Consumer Price Index over the pre-
vious 12 months prior to October 1, 2009; 
‘‘(3) with respect to fiscal year 2012, for the 
discretionary category: an amount of new budget au-
thority equal to the amount of total new budget au-
thority provided under paragraph (2) adjusted to re-
flect the change in Consumer Price Index over the 
previous 12 months prior to October 1, 2010; 
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‘‘(4) with respect to fiscal year 2013, for the 
discretionary category: an amount of new budget au-
thority equal to the amount of total new budget au-
thority specified in paragraph (3) adjusted to reflect 
the change in Consumer Price Index over the pre-
vious 12 months prior to October 1, 2011; and 
‘‘(5) with respect to fiscal year 2014, for the 
discretionary category: an amount of new budget au-
thority equal to the amount of total new budget au-
thority specified in paragraph (4) adjusted to reflect 
the change in Consumer Price Index over the pre-
vious 12 months prior to October 1, 2012;’’. 
(c) ADJUSTMENTS
TO DISCRETIONARY SPENDING 
LIMITS.— 
(1) Section 251(b)(2) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 is 
amended by striking subparagraphs (C) through (H) 
and by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) ACCRUAL ACCOUNTING.—If a bill or 
joint resolution is enacted that charges Federal 
agencies for the full cost of accrued Federal re-
tirement and health benefits and a bill or joint 
resolution making appropriations is enacted 
that provides new budget authority to carry out 
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the legislation charging Federal agencies for 
such accrued costs, the adjustment shall be 
equal to the reduction in mandatory budget au-
thority and the outlays flowing therefrom esti-
mated to result from the legislation charging 
Federal agencies for such accrued costs.’’. 
(2) Section 251(b)(2)(A) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 is 
amended by striking the last sentence. 
(d) DEFINITION OF CONSUMER PRICE INDEX.—Sec-
tion 3 of the Congressional Budget and Impoundment 
Control Act of 1974 is amended by adding at the end the 
following new paragraph: 
‘‘(11) The term ‘Consumer Price Index’ refers 
to the Consumer Price Index for All Urban Con-
sumers (all items; United States city average), pub-
lished by the Bureau of Labor Statistics.’’. 
SEC. 3. EXTENSION OF PAY-AS-YOU-GO. 
Section 252 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 is amended to read as follows: 
‘‘SEC. 252. ENFORCING PAY-AS-YOU-GO. 
‘‘(a) PURPOSE.—The purpose of this section is to as-
sure that any legislation enacted before October 1, 2015, 
affecting direct spending that increases the deficit will 
trigger an offsetting sequestration. 
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‘‘(b) SEQUESTRATION.— 
‘‘(1) TIMING.—Not later than 15 calendar days 
after the date Congress adjourns to end a session 
and on the same day as a sequestration (if any) 
under section 251, there shall be a sequestration to 
offset the amount of any net deficit increase caused 
by all direct spending legislation enacted before Oc-
tober 1, 2015, as calculated under paragraph (2). 
‘‘(2) CALCULATION
OF
DEFICIT
INCREASE.— 
OMB shall calculate the amount of deficit increase 
or decrease by adding— 
‘‘(A) all OMB estimates for the budget 
year of direct spending legislation transmitted 
under subsection (d); 
‘‘(B) the estimated amount of savings in 
direct spending programs applicable to budget 
year resulting from the prior year’s sequestra-
tion under this section or, if any, as published 
in OMB’s final sequestration report for that 
prior year; 
‘‘(C) any net deficit increase or decrease in 
the current year resulting from all OMB esti-
mates for the current year of direct spending 
legislation transmitted under subsection (d) of 
this section that were not reflected in the final 
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OMB sequestration report for the current year; 
and 
‘‘(D) for fiscal year 2010, before making 
the calculations required in subparagraphs (A) 
through (C), OMB shall assume an automatic 
deficit increase of $58,160,000,000. 
‘‘(c) ELIMINATING A DEFICIT INCREASE.—(1) The 
amount required to be sequestered in a fiscal year under 
subsection (b) shall be obtained from non-exempt direct 
spending accounts from actions taken in the following 
order: 
‘‘(A) FIRST.—All reductions in automatic 
spending increases specified in section 256(a) shall 
be made. 
‘‘(B) SECOND.—If additional reductions in di-
rect spending accounts are required to be made, the 
maximum reductions permissible under sections 
256(b) (guaranteed and direct student loans) and 
256(c) (foster care and adoption assistance) shall be 
made. 
‘‘(C) THIRD.—(i) If additional reductions in di-
rect spending accounts are required to be made, 
each remaining non-exempt direct spending account 
shall be reduced by the uniform percentage nec-
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essary to make the reductions in direct spending re-
quired by paragraph (1). 
‘‘(ii) For purposes of determining reductions 
under clause (i), outlay reductions (as a result of se-
questration of Commodity Credit Corporation com-
modity price support contracts in the fiscal year of 
a sequestration) that would occur in the following 
fiscal year shall be credited as outlay reductions in 
the fiscal year of the sequestration. 
‘‘(2) For purposes of this subsection, accounts shall 
be assumed to be at the level in the baseline for fiscal 
year 2011 and for fiscal years 2012 through 2015 at the 
baseline after adjusting for any sequester in fiscal year 
2010. 
‘‘(d) ESTIMATES.— 
‘‘(1) CBO ESTIMATES.—As soon as practicable 
after Congress completes action on any direct spend-
ing, CBO shall provide an estimate to OMB of that 
legislation. 
‘‘(2) OMB ESTIMATES.—Not later than 7 cal-
endar days (excluding Saturdays, Sundays, and legal 
holidays) after the date of enactment of any direct 
spending, OMB shall transmit a report to the House 
of Representatives and to the Senate containing— 
‘‘(A) the CBO estimate of that legislation; 
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‘‘(B) an OMB estimate of that legislation 
using current economic and technical assump-
tions; and 
‘‘(C) an explanation of any difference be-
tween the 2 estimates. 
‘‘(3) SIGNIFICANT
DIFFERENCES.—If during 
the preparation of the report under paragraph (2) 
OMB determines that there is a significant dif-
ference between the OMB and CBO estimates, OMB 
shall consult with the Committees on the Budget of 
the House of Representatives and the Senate regard-
ing that difference and that consultation, to the ex-
tent practicable, shall include written communication 
to such committees that affords such committees the 
opportunity to comment before the issuance of that 
report. 
‘‘(4) SCOPE
OF
ESTIMATES.—The estimates 
under this section shall include the amount of 
change in outlays for the current year (if applica-
ble), the budget year, and each outyear excluding 
any amounts resulting from— 
‘‘(A) full funding of, and continuation of, 
the deposit insurance guarantee commitment in 
effect under current estimates; and 
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‘‘(B) emergency provisions as designated 
under subsection (e). 
‘‘(5) SCOREKEEPING GUIDELINES.—OMB and 
CBO, after consultation with each other and the 
Committees on the Budget of the House of Rep-
resentatives and the Senate, shall— 
‘‘(A) 
determine 
common 
scorekeeping 
guidelines; and 
‘‘(B) in conformance with such guidelines, 
prepare estimates under this section. 
‘‘(e) EMERGENCY LEGISLATION.—If a provision of 
direct spending legislation is enacted that the President 
designates as an emergency requirement and that the Con-
gress so designates in statute, the amounts of new budget 
authority, outlays, and receipts in all fiscal years resulting 
from that provision shall be designated as an emergency 
requirement in the reports required under subsection (d) 
of this section.’’. 
SEC. 4. CONFORMING AMENDMENTS. 
(a) EXPIRATION.—(1) Section 254(c)(2) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
is amended by striking ‘‘2002’’ and inserting ‘‘2015’’. 
(2) Section 254(f)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by 
striking ‘‘2002’’ and inserting ‘‘2015’’. 
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(b) EXPIRATION.—Section 275(b) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended by striking ‘‘2002’’ and inserting ‘‘2015’’. 
SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE 
BASELINE. 
(a) IN GENERAL.—Section 257(a) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 is 
amended by inserting ‘‘, except for emergency appropria-
tions covered by section 251(b)(2)(A) and emergency leg-
islation covered by section 252(e)’’ before the period. 
(b) DIRECT SPENDING
AND RECEIPTS.—Section 
257(b)(2) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by adding at the end the 
following new subparagraph: 
‘‘(E) Emergency legislation covered by sec-
tion 252(e) shall not be extended in the base-
line.’’. 
(c) 
DISCRETIONARY
APPROPRIATIONS.—Section 
257(c) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by adding at the end the 
following new paragraph: 
‘‘(7) Emergency appropriations covered by sec-
tion 251(b)(2)(A) shall not be extended in the base-
line.’’. 
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SEC. 6. OMB EMERGENCY CRITERIA. 
(a) DEFINITION OF EMERGENCY.—Section 3 of the 
Congressional Budget and Impoundment Control Act of 
1974 (as amended by section 2(d)) is further amended by 
adding at the end the following new paragraph: 
‘‘(12)(A) The term ‘emergency’ means a situa-
tion that— 
‘‘(i) requires new budget authority and 
outlays (or new budget authority and the out-
lays 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 underlying 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 pre-
dicted or anticipated as an emerging need; and 
‘‘(iv) temporary, which means not of a per-
manent duration.’’. 
(b) CONFORMING AMENDMENT.—Section 250(c) of 
the Balanced Budget and Emergency Deficit Control Act 
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of 1985 is amended by adding at the end the following 
new paragraph: 
‘‘(20) The term ‘emergency’ has the meaning 
given to such term in section 3 of the Congressional 
Budget and Impoundment Control Act of 1974.’’. 
SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE 
PROVISION AS AN EMERGENCY. 
(a) IN GENERAL.—Title III of the Congressional 
Budget Act of 1974 is amended by adding at the end the 
following new section: 
‘‘RULE RESPECTING DESIGNATION OF LEGISLATIVE 
PROVISION AS AN EMERGENCY 
‘‘SEC. 316. (a) GUIDANCE.—In making a designation 
of a provision of legislation as an emergency requirement 
under section 251(b)(2)(A) or 252(e) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, the 
committee report and any statement of managers accom-
panying that legislation shall analyze whether a proposed 
emergency requirement meets the definition of an ‘emer-
gency’ set out in section 3 of the Congressional Budget 
and Impoundment Control Act of 1974. 
‘‘(b) IN GENERAL.—It shall not be in order in the 
Senate or the House of Representatives to consider any 
bill, joint resolution, or conference report that contains an 
emergency designation under section 251(b)(2)(A) or 
252(e) of the Balanced Budget and Emergency Deficit 
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Control Act of 1985 unless the proposed emergency re-
quirement meets the definition of an ‘emergency’ set out 
in section 3 of the Congressional Budget and Impound-
ment Control Act of 1974. 
‘‘(c) WAIVER AND APPEAL IN THE SENATE.—This 
section may be waived or suspended in the Senate only 
by an affirmative vote of three-fifths of the Members, duly 
chosen and sworn. An affirmative vote of three-fifths of 
the Members of the Senate, duly chosen and sworn, shall 
be required in the Senate to sustain an appeal of the rul-
ing of the Chair on a point of order raised under this sec-
tion. 
‘‘(d) ENFORCEMENT IN THE HOUSE OF REPRESENT-
ATIVES.—It shall not be in order in the House of Rep-
resentatives to consider a rule or order that waives the 
application of subsection (b). 
‘‘(e) DISPOSITION OF POINTS OF ORDER IN THE 
HOUSE.—As disposition of a point of order under sub-
section (b) or subsection (d), the Chair shall put the ques-
tion of consideration with respect to the proposition that 
is the subject of the point of order. A question of consider-
ation under this section shall be debatable for 10 minutes 
by the Member initiating the point of order and for 10 
minutes by an opponent of the point of order, but shall 
otherwise be decided without intervening motion except 
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one that the House adjourn or that the Committee of the 
Whole rise, as the case may be. 
‘‘(f) EFFECT ON AMENDMENT IN ORDER AS ORIGI-
NAL TEXT IN THE HOUSE.—The disposition of the ques-
tion of consideration under this section with respect to a 
bill or joint resolution shall be considered also to deter-
mine the question of consideration under this subsection 
with respect to an amendment made in order as original 
text.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents set forth in section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended by in-
serting after the item relating to section 315 the following 
new item: 
‘‘Sec. 316. Rule respecting designation of legislative provision as an emer-
gency.’’. 
Æ 
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