Truth in Spending Act of 2012 - Requires the President's annual budget request to Congress to include the most recent reports of the Director of the Office of Management and Budget (OMB) regarding the difference between the actual costs and the estimated costs of direct spending legislation, including proposed legislative language, if any, in such reports.
Requires OMB to submit annually for inclusion in the President's budget request reports (with follow-up reports every five fiscal years) on the total estimated cost and total actual cost of direct spending legislation for the then budget year and four outyears.
Requires the President, within seven days after receiving an OMB report, to submit proposed legislative language, if any, set forth in the report to both chambers.
Prescribes the procedure for fast track consideration of the legislation in both chambers.
Prohibits the budgetary effects of such legislation from being entered on either PAYGO scorecard under the Statutory Pay-As-You-Go Act of 2010.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6525 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6525
To increase the long-term fiscal accountability of direct spending
legislation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2012
Mr. Kinzinger of Illinois (for himself, Mr. Quigley, Mr. Walsh of
Illinois, Mr. Johnson of Illinois, Mr. Cooper, Mr. Altmire, Mr.
Boswell, Mr. Michaud, Mr. Matheson, Mr. Gardner, Mr. Schilling, and Mr.
Schock) 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 increase the long-term fiscal accountability of direct spending
legislation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Truth in Spending
Act of 2012''.
(b) Purpose.--It is the purpose of this Act to--
(1) improve congressional control over the Federal budget
process;
(2) facilitate the determination each year of the
appropriate level of Federal revenues and expenditures by the
Congress and the President; and
(3) provide for the furnishing of information that will
assist the Congress in controlling growth of direct spending
programs.
SEC. 2. PRESIDENTS' BUDGET SUBMISSIONS.
(a) OMB Report Regarding Difference Between Actual and Estimated
Costs of Direct Spending Legislation.--Section 1105(a) of title 31,
United States Code, is amended by redesignating the second paragraph
(37) as paragraph (39) and by adding at the end the following new
paragraph:
``(40) the most recent reports of the Director of the
Office of Management and Budget under subsections (a) and (b)
of section 3 of the Truth in Spending Act of 2012 regarding the
difference between the actual costs and the estimated costs of
direct spending legislation, including proposed legislative
language, if any, in such reports.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to budget submissions made by the President beginning with the
submission for fiscal year 2014.
SEC. 3. LONG-TERM FISCAL ACCOUNTABILITY OF DIRECT SPENDING LEGISLATION.
(a) Initial Five-Year Report.--Not later than January 15, 2013, and
each subsequent year, the Director of the Office of Management and
Budget shall submit to the President for inclusion in his annual budget
submission under section 1105(a) of title 31, United States Code, a
report setting forth the following:
(1) For all Acts affecting direct spending relative to the
baseline enacted during the sixth calendar year before the
calendar year in which this report is submitted, the total cost
as estimated by the Director of the Congressional Budget Office
for the then budget year and four outyears.
(2) For all Acts affecting direct spending relative to the
baseline enacted during the sixth calendar year before the
calendar year in which this report is submitted, the actual
total cost as computed by the Director of the Office of
Management and Budget for the then budget year and four
outyears.
(3) For such 5 fiscal-year period, the net amount by which
the actual cost of all such Acts exceeds the estimated cost of
all such Acts, or the net amount by which the estimated cost of
all such Acts exceeds the actual cost of all such Acts, as the
case may be.
(4) If the actual total cost of all such Acts exceeds the
estimated total cost, then proposed legislative language to
eliminate such excess cost.
(5) If the actual total cost of all such Acts exceeds the
estimated total cost, then a detailed statement of the most
likely reasons why that occurred.
(6) A list of each Act for which the actual total cost
exceeded the estimated total cost for the applicable five-year
period described in paragraph (3) and the dollar amount of such
excess.
(b) Follow-Up Five-Year Report.--Not later than January 15, 2016,
and each subsequent year, the Director of the Office of Management and
Budget shall submit to the President for inclusion in his annual budget
submission under section 1105(a) of title 31, United States Code, a
report setting forth the following:
(1) For all Acts affecting direct spending relative to the
baseline enacted during the eleventh calendar year before the
calendar year in which this report is submitted, the total cost
as estimated by the Director of the Congressional Budget Office
for the 5 fiscal-year period, the last fiscal year of which
ends on September 30 of the preceding calendar year.
(2) For all Acts affecting direct spending relative to the
baseline enacted during the eleventh calendar year before the
calendar year in which this report is submitted, the actual
total cost as computed by the Director of the Office of
Management and Budget for the 5 fiscal-year period, the last
fiscal year of which ends on September 30 of the preceding
calendar year.
(3) For such 5 fiscal-year period, the net amount by which
the actual cost of all such Acts exceeds the estimated cost of
all such Acts, or the net amount by which the estimated cost of
all such Acts exceeds the actual cost of all such Acts, as the
case may be.
(4) If the actual total cost of all such Acts exceeds the
estimated total cost, then propose legislative language to
eliminate such excess cost.
(5) If the actual total cost of all such Acts exceeds the
estimated total cost, then a detailed statement of the most
likely reasons why that occurred.
(6) A list of each Act for which the actual total cost
exceeded the estimated total cost for the applicable five-year
period described in paragraph (3) and the dollar amount of such
excess.
(c) Definition.--As used in this section, the term ``direct
spending'' has the meaning given such term in section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 4. FAST TRACK PROCEDURE.
(a) Presidential Submission to Congress.--Upon receiving any report
from the Director of the Office of Management and Budget pursuant to
subsection (a) or (b) of section 3, the President shall, within 7 days,
submit any proposed legislative language set forth in such report to
the House of Representatives and to the Senate.
(b) Congressional Consideration.--
(1) Introduction.--
(A) In general.--On the day on which the proposed
legislative language is submitted by the President to
the House of Representatives and the Senate under
subsection (a), it shall be introduced (by request) in
the Senate by the majority leader of the Senate or by
Members of the Senate designated by the majority leader
of the Senate and shall be introduced (by request) in
the House by the majority leader of the House or by
Members of the House designated by the majority leader
of the House.
(B) Not in session.--If either House is not in
session on the day on which such legislative proposal
is submitted, the legislative proposal shall be
introduced in that House, as provided in subparagraph
(A), on the first day thereafter on which that House is
in session.
(C) Any member.--If the legislative proposal is not
introduced in either House within 5 days on which that
House is in session after the day on which the
legislative proposal is submitted, then any Member of
that House may introduce the legislative proposal.
(D) Referral.--The legislation introduced under
this paragraph shall be referred by the Presiding
Officers of the respective Houses to the appropriate
committees.
(2) Committee consideration of proposal.--
(A) Reporting bill.--Not later than April 1 of any
year in which a proposal is submitted by the President
to Congress under this section, the applicable
committees of the House of Representatives and of the
Senate may report the bill referred to them under
paragraph (1)(D) with committee amendments, such that
the bill, as amended, achieves the cost savings in the
original submission.
(B) Discharge.--If, with respect to the House
involved, the committee has not reported the bill by
the date required by subparagraph (A), the committee
shall be discharged from further consideration of the
proposal.
(3) Limitation on changes to recommendations.--
(A) In general.--It shall not be in order in the
Senate or the House of Representatives to consider any
bill, resolution, or amendment pursuant to this
subsection or conference report thereon that fails to
achieve the cost savings set forth in the original
submission by the President from among the Acts set
forth on the list compiled under section 3(a)(6).
(B) Waiver.--This paragraph may be waived or
suspended in the Senate only by the affirmative vote of
three-fifths of the Members, duly chosen and sworn.
(C) Appeals.--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 ruling of the Chair on a point of order raised
under this paragraph.
(4) Expedited procedure.--
(A) Consideration.--A motion to proceed to the
consideration of the bill in the Senate is not
debatable.
(B) Amendment.--
(i) Time limitation.--Debate in the Senate
on any amendment to a bill under this section
shall be limited to 1 hour, to be equally
divided between, and controlled by, the mover
and the manager of the bill, and debate on any
amendment to an amendment, debatable motion, or
appeal shall be limited to 30 minutes, to be
equally divided between, and controlled by, the
mover and the manager of the bill, except that
in the event the manager of the bill is in
favor of any such amendment, motion, or appeal,
the time in opposition thereto shall be
controlled by the minority leader or such
leader's designee.
(ii) Germane.--No amendment that is not
germane to the provisions of such bill shall be
received.
(iii) Additional time.--The leaders, or
either of them, may, from the time under their
control on the passage of the bill, allot
additional time to any Senator during the
consideration of any amendment, debatable
motion, or appeal.
(iv) Amendment not in order.--It shall not
be in order to consider an amendment that would
cause the bill to have cost savings that are
less than the cost savings set forth in the
original submission by the President.
(v) Waiver and appeals.--This paragraph may
be waived or suspended in the Senate only by
the 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 ruling of the Chair on a point of order
raised under this section.
(C) Consideration by the other house.--
(i) In general.--The expedited procedures
provided in this subsection for the
consideration of a bill introduced pursuant to
paragraph (1) shall not apply to such a bill
that is received by one House from the other
House if such a bill was not introduced in the
receiving House.
(ii) Before passage.--If a bill that is
introduced pursuant to paragraph (1) is
received by one House from the other House,
after introduction but before disposition of
such a bill in the receiving House, then the
following shall apply:
(I) The receiving House shall
consider the bill introduced in that
House through all stages of
consideration up to, but not including,
passage.
(II) The question on passage shall
be put on the bill of the other House
as amended by the language of the
receiving House.
(iii) After passage.--If a bill introduced
pursuant to paragraph (1) is received by one
House from the other House, after such a bill
is passed by the receiving House, then the vote
on passage of the bill that originates in the
receiving House shall be considered to be the
vote on passage of the bill received from the
other House as amended by the language of the
receiving House.
(iv) Disposition.--Upon disposition of a
bill introduced pursuant to paragraph (1) that
is received by one House from the other House,
it shall no longer be in order to consider the
bill that originates in the receiving House.
(v) Limitation.--Clauses (ii), (iii), and
(iv) shall apply only to a bill received by one
House from the other House if the bill would
have cost savings that are not less than the
cost savings set forth in the original
submission by the President.
(D) Senate limits on debate.--
(i) In general.--In the Senate,
consideration of the bill and on all debatable
motions and appeals in connection therewith
shall not exceed a total of 20 hours, which
shall be divided equally between the majority
and minority leaders or their designees.
(ii) Motion to further limit debate.--A
motion to further limit debate on the bill is
in order and is not debatable.
(iii) Motion or appeal.--Any debatable
motion or appeal is debatable for not to exceed
1 hour, to be divided equally between those
favoring and those opposing the motion or
appeal.
(iv) Final disposition.--After 20 hours of
consideration, the Senate shall proceed,
without any further debate on any question, to
vote on the final disposition thereof to the
exclusion of all amendments not then pending
before the Senate at that time and to the
exclusion of all motions, except a motion to
table, or to reconsider and one quorum call on
demand to establish the presence of a quorum
(and motions required to establish a quorum)
immediately before the final vote begins.
(E) Consideration in conference.--
(i) In general.--Consideration in the
Senate and the House of Representatives on the
conference report or any messages between
Houses shall be limited to 10 hours, equally
divided and controlled by the majority and
minority leaders of the Senate or their
designees and the Speaker of the House of
Representatives and the minority leader of the
House of Representatives or their designees.
(ii) Time limitation.--Debate in the Senate
on any amendment under this subparagraph shall
be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the
manager of the bill, and debate on any
amendment to an amendment, debatable motion, or
appeal shall be limited to 30 minutes, to be
equally divided between, and controlled by, the
mover and the manager of the bill, except that
in the event the manager of the bill is in
favor of any such amendment, motion, or appeal,
the time in opposition thereto shall be
controlled by the minority leader or such
leader's designee.
(iii) Final disposition.--After 10 hours of
consideration, the Senate shall proceed,
without any further debate on any question, to
vote on the final disposition thereof to the
exclusion of all motions not then pending
before the Senate at that time or necessary to
resolve the differences between the Houses and
to the exclusion of all other motions, except a
motion to table, or to reconsider and one
quorum call on demand to establish the presence
of a quorum (and motions required to establish
a quorum) immediately before the final vote
begins.
(iv) Limitation.--Clauses (i) through (iii)
shall only apply to a conference report,
message or the amendments thereto if the
conference report, message, or an amendment
thereto--
(I) is related only to the program
under this title; and
(II) satisfies the requirements of
subparagraphs (A)(i) and (C) of
subsection (c)(2).
(F) Veto.--If the President vetoes the bill, debate
on a veto message in the Senate under this subsection
shall be 1 hour equally divided between the majority
and minority leaders or their designees.
(5) Rules of the senate and house of representatives.--This
section is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and is deemed to be part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
bill under this section, and it supersedes other rules
only to the extent that it is inconsistent with such
rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
they relate to the procedure of that House) at any
time, in the same manner, and to the same extent as in
the case of any other rule of that House.
(c) No Entry on PAYGO Scorecards.--The budgetary effects of any
legislation under this section shall not be entered on either PAYGO
scorecard under the Statutory Pay-As-You-Go Act of 2010.
<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.
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