Emergency Spending Control Act of 2005 - Amends the Congressional Budget Act of 1974 to revise the contents of the annual concurrent resolution on the budget (eliminating certain matters in an effort to keep such resolution to one page).
Requires the report accompanying the budget resolution to include: (1) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth in the resolution; and (2) with respect to each major functional category, an estimate of total new budget authority and total outlays, with the estimates divided between discretionary and direct (currently, mandatory) spending amounts.
Allows reconciliation directives to be included in the report.
Modifies the President's budget request to Congress to eliminate most current requirements and include only: (1) totals of new budget authority and outlays; (2) total Federal revenues and the amount, if any, by which their aggregate level should be increased or decreased by bills and resolutions to be reported by the appropriate committees; (3) the surplus or deficit in the budget; (4) subtotals of new budget authority and outlays for nondefense and defense discretionary spending, direct spending (excluding interest), interest, and emergencies (for the reserve fund and for military operations in the Act); (5) the public debt; and (6) as a separately delineated statement, the levels required in (1) through (5) for at least each of the four ensuing fiscal years.
Repeals sequestration requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) regarding: (1) adjustments for emergency appropriations (except those covering agricultural crop disaster assistance); (2) emergency legislation; and (3) the scope of estimates of such legislation.
Eliminates adjustments of appropriations designated as emergency requirements under the Congressional Budget Act of 1974.
Amends the Congressional Budget and Impoundment Control Act of 1974 to define "emergency" as an unanticipated situation that requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security.
Amends the Congressional Budget Act of 1974 to set forth requirements with respect to: (1) the President's budget request for reserve funds for emergencies; (2) treatment of emergency legislation to fund both nonmilitary emergencies and certain military operations; and (3) committee notification of any emergency legislation.
Prohibits floor amendments to amendments reported by the Committee on the Budget (or from the consideration of which the Committee has been discharged) with respect to legislation for emergency reserve funds for certain military operations.
Requires congressional summary budget scorekeeping reports to include an up-to-date tabulation of amounts remaining in the reserve fund for emergencies.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 845 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 845
To amend the Congressional Budget Act of 1974 to simplify annual
concurrent resolutions on the budget and to budget for emergencies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 16, 2005
Mr. Barrett of South Carolina (for himself and Mr. Green of Wisconsin)
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 amend the Congressional Budget Act of 1974 to simplify annual
concurrent resolutions on the budget and to budget for emergencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Spending Control Act of
2005''.
TITLE I--ONE-PAGE BUDGET RESOLUTIONS
SEC. 101. ONE-PAGE BUDGET RESOLUTIONS.
(a) Content of Annual Concurrent Resolutions on the Budget.--
Section 301(a)(4) of the Congressional Budget Act of 1974 is amended to
read as follows:
``(4) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), interest, and
emergencies (for the reserve fund in section 316(b) and for
military operations in section 316(c));''.
(b) Additional Matters in Concurrent Resolution.--Section 301(b) of
the Congressional Budget Act of 1974 is amended as follows:
(1) Strike paragraphs (2), (4), and (6) through (9).
(2) After paragraph (1), insert the following new
paragraph:
``(2) require such other congressional procedures, relating
to the budget, as may be appropriate to carry out the purposes
of this Act;''.
(3) At the end of paragraph (3), insert ``and'' and
redesignate paragraph (5) as paragraph (4) and in such
paragraph strike the semicolon and insert a period.
(c) Required Contents of Report.--Section 301(e)(2) of the
Congressional Budget Act of 1974 is amended as follows:
(1) Redesignate subparagraphs (A), (B), (C), (D), (E), and
(F) as subparagraphs (B), (C), (E), (F), and (G), respectively.
(2) Before subparagraph (B) (as redesignated), insert the
following new subparagraph:
``(A) new budget authority and outlays for each
major functional category, based on allocations of the
total levels set forth pursuant to subsection
(a)(1);''.
(3) In subparagraph (C) (as redesignated), strike
``mandatory'' and insert ``direct spending''.
(d) Additional Contents of Report.--Section 301(e)(3) of the
Congressional Budget Act of 1974 is amended by striking ``and'' at the
end of subparagraph (D), by striking the period and inserting ``; and''
at the end of subparagraph (E), and by adding at the end the following
new subparagraph:
``(F) reconciliation directives described in
section 310.''.
(e) President's Budget Submission to the Congress.--(1) The first
two sentences of section 1105(a) of title 31, United States Code, are
amended to read as follows:
``On or after the first Monday in January but not later than the first
Monday in February of each year the President shall submit a budget of
the United States Government for the following fiscal year which shall
set forth the following levels:
``(A) totals of new budget authority and outlays;
``(B) total Federal revenues and the amount, if any, by
which the aggregate level of Federal revenues should be
increased or decreased by bills and resolutions to be reported
by the appropriate committees;
``(C) the surplus or deficit in the budget;
``(D) subtotals of new budget authority and outlays for
nondefense discretionary spending, defense discretionary
spending, direct spending (excluding interest), interest, and
emergencies (for the reserve fund in section 316(b) and for
military operations in section 316(c)); and
``(E) the public debt.
Each budget submission shall include a budget message and summary and
supporting information and, as a separately delineated statement, the
levels required in the preceding sentence for at least each of the 4
ensuing fiscal years.''.
(2) The third sentence of section 1105(a) of title 31, United
States Code, is amended by inserting ``submission'' after ``budget''.
(f) Conforming Amendments to Section 310 Regarding Reconciliation
Directives.--(1) Section 310(a) of such Act is amended by striking
``A'' and inserting ``The joint explanatory statement accompanying the
conference report on a''.
(2) The first sentence of section 310(b) of such Act is amended by
striking ``If'' and inserting ``If the joint explanatory statement
accompanying the conference report on''.
(3) Section 310(c)(1) of such Act is amended by inserting ``the
joint explanatory statement accompanying the conference report on''
after ``pursuant to''.
TITLE II--EMERGENCIES
SEC. 201. REPEAL OF ADJUSTMENTS FOR EMERGENCIES.
(a) Elimination of Emergency Designation.--Sections 251(b)(2)(A),
252(e), and 252(d)(4)(B) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are repealed.
(b) Elimination of Adjustments.--Section 314(b) of the
Congressional Budget Act of 1974 is amended by striking paragraph (1)
and by redesignating paragraphs (2) through (5) as paragraphs (1)
through (4), respectively.
(c) Conforming Amendment.--Clause 2 of rule XXI of the Rules of the
House of Representatives is amended by repealing paragraph (e) and by
redesignating paragraph (f) as paragraph (e).
SEC. 202. 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 an underlying
situation that--
``(i) requires new budget authority and outlays (or
new budget authority and the outlays 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 predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
SEC. 203. DEVELOPMENT OF GUIDELINES FOR APPLICATION OF EMERGENCY
DEFINITION.
Not later than 5 months after the date of enactment of this Act,
the chairmen of the Committees on the Budget (in consultation with the
President) shall, after consulting with the chairmen of the Committees
on Appropriations and applicable authorizing committees of their
respective Houses and the Directors of the Congressional Budget Office
and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974.
SEC. 204. RESERVE FUND FOR EMERGENCIES IN PRESIDENT'S BUDGET.
Section 1105(f) of title 31, United States Code is amended by
adding at the end the following new sentences: ``Such budget submission
shall also comply with the requirements of subsections (b) and (c) of
section 316 of the Congressional Budget Act of 1974 and, in the case of
any budget authority requested for an emergency, such submission shall
include a detailed justification of why such emergency is an emergency
within the meaning of section 3(11) of the Congressional Budget Act of
1974.''.
SEC. 205. BUDGETING FOR EMERGENCIES.
(a) Emergencies.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``emergencies
``Sec. 316. (a) Adjustments.--
``(1) In general.--After the reporting of a bill or joint
resolution or the submission of a conference report thereon
that provides budget authority for any emergency as identified
pursuant to subsection (d) that is not covered by subsection
(c)--
``(A) the chairman of the Committee on the Budget
of the House of Representatives or the Senate shall
determine and certify, pursuant to the guidelines
referred to in section 203 of the , the portion (if
any) of the amount so specified that is for an
emergency within the meaning of section 3(11); and
``(B) such chairman shall make the adjustment set
forth in paragraph (2) for the amount of new budget
authority (or outlays) in that measure and the outlays
flowing from that budget authority.
``(2) Matters to be adjusted.--The adjustments referred to
in paragraph (1) are to be made to the allocations made
pursuant to the appropriate concurrent resolution on the budget
pursuant to section 302(a) and shall be in an amount not to
exceed the amount reserved for emergencies pursuant to the
requirements of subsection (b).
``(b) Reserve Fund for Nonmilitary Emergencies.--The amount set
forth in the reserve fund for emergencies for budget authority and
outlays for a fiscal year pursuant to section 301(a)(4) shall equal--
``(1) the average of the enacted levels of budget authority
for emergencies (other than those covered by subsection (c)) in
the 5 fiscal years preceding the current year; and
``(2) the average of the levels of outlays for emergencies
in the 5 fiscal years preceding the current year flowing from
the budget authority referred to in paragraph (1), but only in
the fiscal year for which such budget authority first becomes
available for obligation.
``(c) Treatment of Emergencies to Fund Certain Military
Operations.--Whenever the Committee on Appropriations reports any bill
or joint resolution that provides budget authority for any emergency
that is a threat to national security and the funding of which carries
out a military operation authorized by a declaration of war or a joint
resolution authorizing the use of military force (or economic
assistance funding in furtherance of such operation) and the report
accompanying that bill or joint resolution, pursuant to subsection (d),
identifies any provision that increases outlays or provides budget
authority (and the outlays flowing therefrom) for such emergency, the
enactment of which would cause the total amount of budget authority or
outlays provided for emergencies for the budget year in the joint
resolution on the budget (pursuant to section 301(a)(4)) to be
exceeded:
``(1) Such bill or joint resolution shall be referred to
the Committee on the Budget of the House or the Senate, as the
case may be, with instructions to report it without amendment,
other than that specified in paragraph (2), within 5
legislative days of the day in which it is reported from the
originating committee. If the Committee on the Budget of either
House fails to report a bill or joint resolution referred to it
under this subparagraph within such 5-day period, the committee
shall be automatically discharged from further consideration of
such bill or joint resolution and such bill or joint resolution
shall be placed on the appropriate calendar.
``(2) An amendment to such a bill or joint resolution
referred to in this subsection shall only consist of an
exemption from section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985 of all or any part of the
provisions that provide budget authority (and the outlays
flowing therefrom) for such emergency if the committee
determines, pursuant to the guidelines referred to in section
203 of the Emergency Spending Control Act of 2005, that such
budget authority is for an emergency within the meaning of
section 3(11).
``(3) If such a bill or joint resolution is reported with
an amendment specified in paragraph (2) by the Committee on the
Budget of the House of Representatives or the Senate, then the
budget authority and resulting outlays that are the subject of
such amendment shall not be included in any determinations
under section 302(f) or 311(a) for any bill, joint resolution,
amendment, motion, or conference report.
``(d) Committee Notification of Emergency Legislation.--Whenever
the Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution 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 include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines referred to
in section 203 of the Emergency Spending Control Act of 2005.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``316. Emergencies.''.
SEC. 206. APPLICATION OF SECTION 306 TO EMERGENCIES IN EXCESS OF
AMOUNTS IN RESERVE FUND.
Section 306 of the Congressional Budget Act of 1974 is amended by
inserting at the end the following new sentence: ``No amendment
reported by the Committee on the Budget (or from the consideration of
which such committee has been discharged) pursuant to section 316(c)
may be amended.''.
SEC. 207. UP-TO-DATE TABULATIONS.
Section 308(b)(2) of the Congressional Budget Act of 1974 is
amended by striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``; and'', and
by adding at the end the following new subparagraph:
``(D) shall include an up-to-date tabulation of
amounts remaining in the reserve fund for
emergencies.''.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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