I
107TH CONGRESS
2D SESSION
H. R. 4593
To amend the Balanced Budget and Emergency Deficit Control Act of 1985
and the Congressional Budget Act of 1974 to extend the discretionary
spending caps and the pay-as-you-go requirement, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 25, 2002
Mr. HILL (for himself, Mr. MATHESON, Mr. TURNER, Mr. STENHOLM, Mr.
BOYD, Mr. MOORE, Mr. TANNER, Mr. BERRY, Mr. HOLDEN, Mr. ROSS,
Mr. BISHOP, and Mr. SCHIFF) introduced the following bill; which was
referred to the Committee on the Budget, and in addition to the Com-
mittee 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 amend the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 and the Congressional Budget Act of
1974 to extend the discretionary spending caps and the
pay-as-you-go requirement, 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 ‘‘Assuring Honesty and
Accountability Act of 2002’’.
SEC. 2. EXTENSION OF THE DISCRETIONARY SPENDING
CAPS.
(a) IN GENERAL.—Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is
amended—
(1) in paragraph (7) (relating to fiscal year
2003) by redesignation subparagraphs (A), (B), (C),
as subparagraphs (C), (D), and (E) respectively, and
by inserting before subparagraph (C) (as redesig-
nated) the following:
‘‘(A) 
for 
the 
defense 
category:
$392,742,000,000, in new budget authority and
$374,865,000,000 in outlays;
‘‘(B) 
for 
the 
nondefense 
category:
$366,354,000,000, in new budget authority and
$406,810,000,000 in outlays;’’;
(2) in paragraph (8), strike ‘‘(8) with respect to
fiscal year 2004’’, redesignate the remaining matter
as subparagraph (C), and before such redesignated
matter insert the following:
‘‘(8) with respect to fiscal year 2004—
‘‘(A) 
for 
the 
defense 
category:
$400,502,000,000, in new budget authority and
$389,942,000,000 in outlays;
‘‘(B) 
for 
the 
nondefense 
category:
$380,305,000,000, in new budget authority and
$420,134,000,000 in outlays;’’;
(3) in paragraph (9), strike ‘‘(9) with respect to
fiscal year 2004’’, redesignate the remaining matter
as subparagraph (C), and before such redesignated
matter insert the following:
‘‘(9) with respect to fiscal year 2005—
‘‘(A) 
for 
the 
defense 
category:
$421,498,000,000, in new budget authority and
$408,706,000,000 in outlays;
‘‘(B) 
for 
the 
nondefense 
category:
$387,960,000,000, in new budget authority and
$424,854,000,000 in outlays;’’;
(4) in paragraph (10), strike ‘‘(10) with respect
to fiscal year 2006’’, redesignate the remaining mat-
ter as subparagraph (B), and before such redesig-
nated matter insert the following:
‘‘(10) with respect to fiscal year 2006—
‘‘(A) 
for 
the 
discretionary 
category:
$837,672,000,000, in new budget authority and
$854,020,000,000 in outlays; and
(5) redesignate paragraphs (11) through (16)
as paragraphs (12) through (17), respectively, and
insert after paragraph (10) the following new para-
graph:
‘‘(11) with respect to fiscal year 2007, for the
discretionary category: $870,178,000,000, in new
budget authority and $877,248,000,000 in outlays;’’.
(b) EXPIRATION.—Section 275 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 note) is amended by striking subsection (b).
SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.
(a) PURPOSE.—Section 252(a) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is
amended by striking ‘‘enacted before October 1, 2002,’’.
(b) SEQUESTRATION.—Section 252(b) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985
is amended by striking ‘‘enacted before October 1, 2002’’.
SEC. 4. AUTOMATIC BUDGET ENFORCEMENT FOR MEAS-
URES CONSIDERED ON THE FLOOR.
(a) IN GENERAL.—Title III of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new section:
‘‘BUDGET EVASION POINTS OF ORDER
‘‘SEC. 316. (a) DISCRETIONARY SPENDING CAPS.—
It shall not be in order in the House of Representatives
or the Senate to consider any bill or resolution (or amend-
ment, motion, or conference report on that bill or resolu-
tion) that waives or suspends the enforcement of section
251 of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 or otherwise would alter the spending
limits set forth in that section.
‘‘(b) PAY-AS-YOU-GO.—It shall not be in order in the
House of Representatives or the Senate to consider any
bill or resolution (or amendment, motion, or conference
report on that bill or resolution) that waives or suspends
the enforcement of section 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985 or otherwise
would alter the balances of the pay-as-you-go scorecard
pursuant to that section.
‘‘(c) DIRECTED SCORING.—It shall not be in order
in the House of Representatives or the Senate to consider
any bill or resolution (or amendment, motion, or con-
ference report on that bill or resolution) that directs the
scorekeeping of any bill or resolution.
‘‘(d) FAR-OUTYEARS.—It shall not be in order in the
House of Representatives or the Senate to consider any
bill or resolution (or amendment, motion, or conference
report on that bill or resolution) that contains a provision
providing new budget authority which reduces revenues
which first takes effect after the first 5 fiscal years covered
in the most recently adopted concurrent resolution on the
budget and that would have the effect of reducing the sur-
plus or increasing the deficit in any fiscal year.
(b) WAIVER AND APPEAL IN THE SENATE.—Section
904 of the Congressional Budget Act of 1974 is
amended—
(1) in subsection (c)(1), by inserting ‘‘316,’’
after ‘‘313,’’; and
(2) in subsection (d)(2), by inserting ‘‘316,’’
after ‘‘313,’’.
(c) TABLE OF CONTENTS.—The table of contents for
the Congressional Budget Act of 1974 is amended by in-
serting after the item for section 315 the following:
‘‘Sec. 316. Budget evasion points of order.’’.
(d) RESERVE FUND FOR WAR ON TERRORISM.—
Upon the enactment of any bill or joint resolution that
provides new budget authority (and outlays flowing there-
from) for operations of the Department of Defense to
prosecute the war on terrorism, the Director of the Office
of Management and Budget shall make an appropriate ad-
justment to the discretionary spending limits (and those
limits as adjusted) as set forth in section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of
1985 by the amount provided by that measure for that
purpose, but the total adjustment for all measures consid-
ered under this section shall not exceed $10,000,000,000
in new budget authority for fiscal year 2003 and outlays
flowing therefrom.
SEC. 5. DISCLOSURE OF INTEREST COSTS.
Section 308(a)(1) of the Congressional Budget Act
of 1974 (2 U.S.C. 639(a)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’
after the semicolon;
(2) in subparagraph (C), by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D) containing a projection by the Con-
gressional Budget Office of the cost of the debt
servicing that would be caused by such measure
for such fiscal year (or fiscal years) and each
of the 4 ensuing fiscal years.’’.
SEC. 6. ACCOUNTABILITY IN EMERGENCY SPENDING.
(a) OMB EMERGENCY CRITERIA.—Section 3 of the
Congressional Budget and Impoundment Control Act of
1974 is amended by adding at the end the following new
paragraph:
‘‘(11)(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 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) DEVELOPMENT OF GUIDELINES FOR APPLICA-
TION OF EMERGENCY DEFINITION.—Not later than 5
months after the date of enactment of this Act, the chair-
men of the Committees on the Budget (in consultation
with the President) shall, after consulting with the chair-
men of the Committees on Appropriations and applicable
authorizing committees of their respective Houses and the
Directors of the Congressional Budget Office and the Of-
fice of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the def-
inition of emergency set forth in section 3(11) of the Con-
gressional Budget and Impoundment Control Act of 1974.
(c) RESERVE FUND FOR EMERGENCIES IN PRESI-
DENT’S BUDGET.—Section 1105 of title 31, United States
Code is amended by adding at the end the following new
subsections:
‘‘(h) The budget transmitted pursuant to subsection
(a) for a fiscal year shall include a reserve fund for emer-
gencies. The amount set forth in such fund shall be cal-
culated as provided under section 317(b) of the Congres-
sional Budget Act of 1974.
‘‘(i) In the case of any budget authority requested
for an emergency, such submission shall include a detailed
justification of the reasons that such emergency is an
emergency within the meaning of section 3(11) of the Con-
gressional Budget Act of 1974, consistent with the guide-
lines described in section 6(b) of the Assuring Honesty
and Accountability Act of 2002.’’.
(d) SEPARATE HOUSE VOTE ON EMERGENCY DES-
IGNATION.—(1) Rule XXII of the Rules of the House of
Representatives is amended by adding at the end the fol-
lowing new clause:
‘‘13. In the consideration of any measure for amend-
ment in the Committee of the Whole containing any emer-
gency spending designation, it shall always be in order,
unless specifically waived by terms of a rule governing con-
sideration of that measure, to move to strike such emer-
gency spending designation from the portion of the bill
then open to amendment.’’.
(2) The Committee on Rules shall include in the re-
port required by clause 1(d) of rule XI (relating to its
activities during the Congress) of the Rules of House of
Representatives a separate item identifying all waivers of
points of order relating to emergency spending designa-
tions, listed by bill or joint resolution number and the sub-
ject matter of that measure.
(e) COMMITTEE NOTIFICATION OF EMERGENCY LEG-
ISLATION.—Whenever the Committee on Appropriations
or any other committee of either House (including a com-
mittee of conference) reports any bill or joint resolution
that provides budget authority for any emergency, the re-
port accompanying that bill or joint resolution (or the joint
explanatory statement of managers in the case of a con-
ference report on any such bill or joint resolution) shall
identify all provisions that provide budget authority and
the outlays flowing therefrom for such emergency and in-
clude a statement of the reasons why such budget author-
ity meets the definition of an emergency pursuant to the
guidelines described in subsection (b).
SEC. 7. APPLICATION OF BUDGET ACT POINTS OF ORDER
TO UNREPORTED LEGISLATION.
(a) Section 315 of the Congressional Budget Act of
1974 is amended by striking ‘‘reported’’ the first place it
appears.
(b) Section 303(b) of the Congressional Budget Act
of 1974 is amended—
(1) in paragraph (1), by striking ‘‘(A)’’ and by
redesignating subparagraph (B) as paragraph (2)
and by striking the semicolon at the end of such new
paragraph (2) and inserting a period; and
(2) by striking paragraph (3).
SEC. 8. BUDGET COMPLIANCE STATEMENTS.
Clause 3(d) of rule XIII of the Rules of the House
of Representatives is amended by adding at the end the
following new subparagraph:
‘‘(4) A budget compliance statement prepared
by the chairman of the Committee on the Budget,
if timely submitted prior to the filing of the report,
which shall include assessment by such chairman as
to whether the bill or joint resolution complies with
the requirements of sections 302, 303, 306, 311,
and 401 of the Congressional Budget Act of 1974
or any other requirements set forth in a concurrent
resolution on the budget and may include the budg-
etary implications of that bill or joint resolution
under section 251 or 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985, as ap-
plicable.’’.
‘‘(4) A determination of whether such bill, joint
resolution, or conference report provides direct
spending.’’.
(b) The second sentence of section 402 of the Con-
gressional Budget Act of 1974 is amended by inserting
before the period the following: ‘‘, or in the case of a con-
ference report, shall be included in the joint explanatory
statement of managers accompanying such conference re-
port if timely submitted before such report is filed’’.
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