I 
108TH CONGRESS 
2D SESSION 
H. R. 3995
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 
MARCH 18, 2004
Mr. HILL (for himself, Mr. SCHIFF, Mrs. TAUSCHER, Mr. JOHN, Mr. BISHOP 
of Georgia, Mr. STENHOLM, Mr. COOPER, Ms. HARMAN, Mr. CARDOZA, 
Mr. BERRY, Mr. BOYD, Mr. POMEROY, Mr. MATHESON, Mr. BOSWELL, 
Mr. HOLDEN, Ms. LORETTA SANCHEZ of California, Mr. CASE, Mr. TAN-
NER, Mr. THOMPSON of California, Mr. MOORE, Mr. TAYLOR of Mis-
sissippi, Mr. MICHAUD, Mr. TURNER of Texas, and Mr. SANDLIN) intro-
duced 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 con-
cerned 
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 Fiscal Hon-
esty and Accountability Act of 2004’’. 
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 (2), by inserting a dash after 
‘‘2005’’, by redesignating the remaining matter as 
subparagraph (B) and moving it two ems to the 
right, and by inserting before such redesignated 
matter the following: 
‘‘(A) 
for 
the 
discretionary 
category: 
$822,903,000,000 in new budget authority and 
$902,920,000,000 in outlays; and’’; 
(2) in paragraph (3), by inserting a dash after 
‘‘2006’’, by redesignating the remaining matter as 
subparagraph (B) and moving it two ems to the 
right, and by inserting before such redesignated 
matter the following: 
‘‘(A) 
for 
the 
discretionary 
category: 
$845,042,000,000 in new budget authority and 
$894,031,000,000 in outlays; and’’; 
(3) by redesignating paragraphs (4) through 
(9) as paragraphs (5) through (10), respectively,
and inserting after paragraph (3) the following new 
paragraphs: 
‘‘(4) with respect to fiscal year 2007 for the 
discretionary category: $870,003,000,000 in new 
budget authority and $900,651,000,000 in outlays; 
and’’. 
(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 ‘‘2002’’ and inserting ‘‘2009’’. 
(b) SEQUESTRATION.—Section 252(b)(1) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
is amended by striking ‘‘2002’’ and inserting ‘‘2009’’. 
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 or which reduces revenues 
which first takes effect after the first five fiscal years cov-
ered in the most recently adopted concurrent resolution
on the budget and would have the effect of reducing the 
surplus or increasing the deficit in any fiscal year. 
‘‘(e) ENFORCEMENT IN THE HOUSE OF REPRESENT-
ATIVES.—(1) It shall not be in order in the House of Rep-
resentatives to consider a rule or order that waives the 
application of this section. 
‘‘(2)(A) This subsection shall apply only to the House 
of Representatives. 
‘‘(B) In order to be cognizable by the Chair, a point 
of order under this section must specify the precise lan-
guage on which it is premised. 
‘‘(C) As disposition of points of order under this sec-
tion, the Chair shall put the question of consideration with 
respect to the proposition that is the subject of the points 
of order. 
‘‘(D) A question of consideration under this section 
shall be debatable for 10 minutes by each Member initi-
ating a point of order and for 10 minutes by an opponent 
on each point of order, but shall otherwise be decided with-
out intervening motion except one that the House adjourn 
or that the Committee of the Whole rise, as the case may 
be. 
‘‘(E) The disposition of the question of consideration 
under this subsection with respect to a bill or joint resolu-
tion shall be considered also to determine the question of
consideration under this subsection with respect to an 
amendment made in order as original text.’’. 
(b) WAIVER AND APPEAL IN THE SENATE.—Section 
904 of the Congressional Budget Act of 1974 is amend-
ed—
(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.’’.
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 four 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 outlays flowing therefrom) for the pre-
vention or mitigation of, or response to, 
loss of life or property, or a threat to na-
tional 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 
predicted or anticipated as an emerging 
need; and 
‘‘(iv) temporary, which means not of a 
permanent duration.’’. 
(b) DEVELOPMENT OF GUIDELINES FOR APPLICA-
TION OF EMERGENCY DEFINITION.—Not later than five 
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) 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 un-
less 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 the 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. 
(d) COMMITTEE
NOTIFICATION
OF
EMERGENCY 
LEGISLATION.—Whenever the Committee on Appropria-
tions or any other committee of either House (including 
a committee of conference) reports any bill or joint resolu-
tion that provides budget authority for any emergency, the 
report accompanying that bill or joint resolution (or the 
joint explanatory statement of managers in the case of a 
conference 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.’’. 
SEC. 9. REQUIREMENTS FOR BUDGET ACT WAIVERS IN THE 
HOUSE OF REPRESENTATIVES. 
(a) JUSTIFICATION FOR BUDGET ACT WAIVERS.—
Clause 6 of rule XIII of the Rules of the House of Rep-
resentatives is amended by adding at the end the following 
new paragraph: 
‘‘(h) It shall not be in order to consider any resolution 
from the Committee on Rules for the consideration of any 
reported bill or joint resolution which waives section 302, 
303, 311, or 401 of the Congressional Budget Act of 
1974, unless the report accompanying such resolution in-
cludes a description of the provision proposed to be 
waived, an identification of the section being waived, the 
reasons why such waiver should be granted, and an esti-
mated cost of the provisions to which the waiver applies.’’. 
(b) SEPARATE VOTE TO WAIVE MAJOR BUDGET ACT 
POINT OF ORDER.—(1) Section 905 of the Congressional 
Budget Act of 1974 is amended by adding at the end the 
following new subsection: 
‘‘(h)(1) It shall not be in order in the House of Rep-
resentatives to consider a rule or order that waives the
application of a major budget act point of order as defined 
in paragraph (2). 
‘‘(2) For the purposes of this subsection, the term 
‘major budget point of order’ means any point of order 
arising under any section listed in section 904. 
‘‘(3)(A) In order to be cognizable by the Chair, a 
point of order under the sections referenced in paragraph 
(2) must specify the precise language on which it is pre-
mised. 
‘‘(B) As disposition of points of order under the sec-
tions referenced in paragraph (2), the Chair shall put the 
question of consideration with respect to the proposition 
that is the subject of the points of order. 
‘‘(C) A question of consideration under the sections 
referenced in paragraph (2) shall be debatable for 10 min-
utes by each Member initiating a point of order and for 
10 minutes by an opponent on each point of order, but 
shall otherwise be decided without intervening motion ex-
cept one that the House adjourn or that the Committee 
of the Whole rise, as the case may be. 
‘‘(D) The disposition of the question of consideration 
under this subsection with respect to a bill or joint resolu-
tion shall be considered also to determine the question of 
consideration under this subsection with respect to an 
amendment made in order as original text.’’.
SEC. 10. CBO SCORING OF CONFERENCE REPORTS. 
(a) The first sentence of section 402 of the Congres-
sional Budget Act of 1974 is amended as follows: 
(1) Insert ‘‘or conference report thereon,’’ be-
fore ‘‘and submit’’. 
(2) In paragraph (1), strike ‘‘bill or resolution’’ 
and insert ‘‘bill, joint resolution, or conference re-
port’’. 
(3) At the end of paragraph (2) strike ‘‘and’’, 
at the end of paragraph (3) strike the period and in-
sert ‘‘; and’’, and after such paragraph (3) add the 
following new paragraph: 
‘‘(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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