Library / Laws / 113th / hr / H.R. 1270 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 1270
IN THE HOUSE OF REPRESENTATIVES
March 19, 2013
Mrs. Roby (for
herself, Mrs. Ellmers,
Mr. Gibbs,
Mr. Gardner,
Mr. Brooks of Alabama,
Mr. Kinzinger of Illinois, and
Mr. Griffin of Arkansas) introduced
the following bill; which was referred to the
Committee on the Budget,
and in addition to the Committees on Rules and
Oversight and Government
Reform, 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 provide for greater transparency and honesty in the
Federal budget process.
1.
Short title and table of
contents
(a)
Short
title
This Act may be cited
as the Honest Budget Act of
2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. No budget—no appropriations.
Sec. 3. No phony emergency or disaster
designations.
Sec. 4. Strengthen the Federal Credit Reform Act of
1990.
Sec. 5. No changes in mandatory programs in appropriation
bills.
Sec. 6. Don’t count rescissions that don’t save
money.
Sec. 7. Suspension of step increases for Federal employees
during a pay-adjustment suspension period.
Sec. 8. Point of order against advance
appropriations.
Sec. 9. Prohibit timing shifts.
Sec. 10. Budget scoring rule relating to transfers from the
general fund of the Treasury to the Highway Trust Fund that increase public
indebtedness.
Sec. 11. Requirement in budget submission with respect to the
cost per taxpayer of the deficit.
2.
No
budget—no appropriations
Section 904 of the Congressional Budget Act
of 1974 (2 U.S.C. 621 note) is amended—
(1) in subsection
(c)(1), by inserting after Sections the following:
303(c),; and
(2) in subsection
(d)(2), by inserting after sections the following:
303(c),.
3.
No
phony emergency or disaster designations
(a)
Emergency
requirement in a bill, joint resolution, or conference report
(1)
In
general
It shall not be in order in the House of Representatives
or the Senate to consider any bill, joint resolution, or conference report
that—
(A) designates as an
emergency requirement, pursuant to section 403 of S. Con. Res. 13 (110th
Congress, the FY 2010 Budget Resolution), clause 10(c) of rule XXI of the Rules
of the House of Representatives, section 4(g) of the Statutory Pay-As-You-Go
Act of 2010, or section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 any provision that creates discretionary or direct
spending or decreases revenues; or
(B) designates as
being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(2)
Waiver
An
affirmative vote of three-fifths of the Members, duly chosen and sworn, shall
be required to sustain an appeal of the ruling of the Chair on a point of order
against such a measure raised under this subsection.
(3)
Exception
For
purposes of this subsection, a conference report may include an emergency
designation only if it was also adopted in the House of Representatives or
Senate version of the measure subject to the conference report.
(b)
Emergency
requirement in an amendment
(1)
In
general
It shall not be in order in the House of Representatives
or the Senate to consider any bill, joint resolution, or conference report
that—
(A) designates as an
emergency requirement, pursuant to section 403 of S. Con. Res. 13 (110th
Congress, the FY 2010 Budget Resolution), clause 10(c) of rule XXI of the Rules
of the House of Representatives, section 4(g) of the Statutory Pay-As-You-Go
Act of 2010, or section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 any provision that creates discretionary or direct
spending or decreases revenues; or
(B) designates as
being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(2)
Waiver and
appeal
A point of order against an amendment under this
subsection may be waived or suspended only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn. In the Senate, an
affirmative vote of three-fifths of the Members, duly chosen and sworn, shall
be required to sustain an appeal of the ruling of the Chair on a point of order
against such an amendment raised under this subsection.
(c)
Rules or orders
in the House of Representatives
In the House of Representatives,
it shall not be in order to consider a rule or order that waives the
application of subsection (a) or (b). As disposition of a point of order under
this subsection, the Chair shall put the question of consideration with respect
to the rule or order. The question of consideration shall be debatable for 10
minutes by the Member initiating the point of order and for 10 minutes by an
opponent, but shall otherwise be decided without intervening motion except one
that the House adjourn.
(d)
Changes to the
Statutory Pay-As-You-Go Act of 2010
Section 4(g) of the Statutory
Pay-As-You-Go Act of 2010 is amended by striking paragraph (3) and inserting
the following:
(3)
Designation in
the House of Representatives or the Senate
A provision or
provisions designated as an emergency requirement pursuant to this section are
subject to section 3 of the Honest Budget Act
of
2013.
.
4.
Strengthen the
Federal Credit Reform Act of 1990
Title V of the Congressional Budget Act of
1990 is amended to read as follows:
V
Credit
reform
500.
Short
title
This title may be cited
as the Federal Credit Reform Act of
1990.
501.
Purposes
The purposes of this title are to—
(1) measure more
accurately the costs of Federal credit programs and financial investments by
accounting for them on a fair value basis;
(2) place the cost of
credit programs and financial investments on a budgetary basis equivalent to
other Federal spending;
(3) encourage the
delivery of benefits in the form most appropriate to the needs of
beneficiaries; and
(4) improve the
allocation of resources among Federal programs.
502.
Definitions
For purposes of this title:
(1) The term
direct loan means a disbursement of funds by the Government to a
non-Federal borrower under a contract that requires the repayment of such funds
with or without interest. The term includes the purchase of, or participation
in, a loan made by another lender and financing arrangements that defer payment
for more than 90 days, including the sale of a Government asset on credit
terms. The term does not include the acquisition of a federally guaranteed loan
in satisfaction of default claims or the price support loans of the Commodity
Credit Corporation.
(2) The term
direct loan obligation means a binding agreement by a Federal
agency to make a direct loan when specified conditions are fulfilled by the
borrower.
(3) The term
loan guarantee means any guarantee, insurance, or other pledge
with respect to the payment of all or a part of the principal or interest on
any debt obligation of a non-Federal borrower to a non-Federal lender, but does
not include the insurance of deposits, shares, or other withdrawable accounts
in financial institutions.
(4) The term
loan guarantee commitment means a binding agreement by a Federal
agency to make a loan guarantee when specified conditions are fulfilled by the
borrower, the lender, or any other party to the guarantee agreement.
(5)
(A) The term financial
investment means an investment by the Government in any securities (debt
or equity), stocks, bonds, or futures, options, swaps, or other derivatives,
issued by a non-Federal entity, including State, local tribal, and foreign
governments, and private organizations, regardless of whether the issuances are
federally guaranteed, or issued by a Federal entity if the issuance consists of
marketable securities.
(B) The term includes Government
investments in money market and mutual funds, even if the money market or
mutual fund’s assets consist entirely of Federal securities.
(6) The term
financial investment commitment means a binding agreement by a
Federal agency to acquire a financial investment when specified conditions are
fulfilled by other party to the investment agreement.
(7)
(A) The term
cost means the sum of the Treasury discounting component and the
risk component of a direct loan, loan guarantee, or financial investment or a
modification thereof.
(B) The Treasury discounting component
shall be the estimated long-term cost to the Government of a direct loan, loan
guarantee, or financial investment or modification thereof, calculated on a net
present value basis, excluding administrative costs and any incidental effects
on governmental receipts or outlays.
(C) The risk component shall be an amount
equal to the difference between—
(i) the estimated long-term cost to the
Government of a direct loan, loan guarantee, or financial investment or
modification thereof, estimated on a fair value basis, applying the guidelines
set forth by the Financial Accounting Standards Board in Financial Accounting
Standards #157, or a successor thereto, excluding administrative costs and any
incidental effects on governmental receipts or outlays; and
(ii) the Treasury discounting component
of such direct loan, loan guarantee, or financial investment or modification
thereof.
(D) The Treasury discounting component of
a direct loan shall be the net present value, at the time when the direct loan
is disbursed, of the following estimated cash flows:
(i) Loan disbursements.
(ii) Repayments of principal.
(iii) Essential preservation expenses,
payments of interest and other payments by or to the Government over the life
of the loan after adjusting for estimated defaults, prepayments, fees,
penalties, and other recoveries, including the effects of changes in loan terms
resulting from the exercise by the borrower of an option included in the loan
contract.
(E) The Treasury discounting component of
a loan guarantee shall be the net present value, at the time when the direct
loan is disbursed, of the following estimated cash flows:
(i) Payments by the Government to cover
defaults and delinquencies, interests subsidies, essential preservation
expenses, or other payments.
(ii) Payments to the Government
including origination and other fees, penalties, and recoveries, including the
effects of changes in loan terms resulting from the exercise by the guaranteed
lender of an option included in the loan guarantee contract, or by the borrower
of an option included in the guaranteed loan contract.
(F) The Treasury discounting component of
a financial investment shall be the net present value, at the time the
financial investment is executed, of the following estimated cash flows:
(i) Payments by the Government
including essential preservation expenses.
(ii) Payments to the Government
including any dividends, periodic payments, fees, penalties, or
recoveries.
Including the effects of changes
in investment terms resulting from the exercise by the non-Federal entity of an
option included in the investment contract.
(G) The cost of a modification is the sum
of—
(i) the difference between the current
estimate of the Treasury discounting component of the remaining cash flows
under the terms of a direct loan, loan guarantee, or financial investment
contract, and the current estimate of the Treasury discounting component of the
remaining cash flows under the terms of the contract, as modified; and
(ii) the difference between the current
estimate of the risk component of the remaining cash flows under the terms of a
direct loan, loan guarantee, or financial investment contract, and the current
estimate of the risk component of the remaining cash flows under the terms of
the contract as modified.
(H) In estimating Treasury discounting
components, the discount rate shall be the average interest rate on marketable
Treasury securities of similar duration to the cash flows of the direct loan or
loan guarantee for which the estimate is being made.
(I) When funds are obligated for a direct
loan or loan guarantee, the estimated cost shall be based on the current
assumptions, adjusted to incorporate the terms of the loan contract, for the
fiscal year in which the funds are obligated.
(8) The term
program account means the budget account into which an
appropriation to cover the cost of a direct loan, loan guarantee, or financial
investment program is made and from which such cost is disbursed to the
financing account.
(9) The term
financing account means the nonbudget account or accounts
associated with each program account which holds balances, receives the cost
payment from the program account, and also includes all other cash flows to and
from the Government resulting from direct loan obligations or loan guarantee
commitments made on or after October 1, 1991, or financial investment
commitments made on or after October 1, 2016.
(10) The term
liquidating account means the budget account that includes all
cash flows to and from the Government resulting from direct loan obligations or
loan guarantee commitments made prior to October 1, 1991. These accounts shall
be shown in the budget on a cash basis.
(11) The term
modification means any Government action that alters the estimated
cost of an outstanding direct loan (or direct loan obligation), an outstanding
loan guarantee (or loan guarantee commitment), or outstanding financial
investment (or financial investment commitment) from the current estimate of
cash flows. This includes the sale of loan assets, with or without recourse,
and the purchase of guaranteed loans (or direct loan obligations), loan
guarantees (or loan guarantee commitments), financial investments (or financial
investment commitments) such as a change in collection procedures.
(12) The term
current has the same meaning as in section 250(c)(9) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(13) The term
Director means the Director of the Office of Management and
Budget.
(14) The term
administrative costs means costs related to program management
activities, but does not include essential preservation expenses.
(15) The term
essential preservation expenses means servicing and other costs
that are essential to preserve the value of loan assets or collateral.
503.
OMB and CBO
analysis, coordination, and review
(a)
In
general
For the executive branch, the Director shall be
responsible for coordinating the estimates required by this title. The Director
shall consult with the agencies that administer direct loan or loan guarantee,
or financial investment programs.
(b)
Delegation
The
Director may delegate to agencies authority to make estimates of costs. The
delegation of authority shall be based upon written guidelines, regulations, or
criteria consistent with the definitions in this title.
(c)
Coordination
with the Congressional Budget Office
In developing estimation
guidelines, regulations, or criteria to be used by Federal agencies, the
Director shall consult with the Director of the Congressional Budget
Office.
(d)
Improving cost
estimates
The Director and the Director of the Congressional
Budget Office shall coordinate the development of more accurate data on
historical performance and prospective risk of direct loan, loan guarantee, and
financial investment programs. They shall annually review the performance of
outstanding direct loans, loan guarantees, and financial investment to improve
estimates of costs. The Office of Management and Budget and the Congressional
Budget Office shall have access to all agency data that may facilitate the
development and improvement of estimates of costs.
(e)
Historical
credit programs costs
The Director shall review, to the extent
possible, historical data and develop the best possible estimates of
adjustments that would convert aggregate historical budget data to credit
reform accounting.
504.
Budgetary
treatment
(a)
President’s
budget
Beginning with fiscal year 1992, the President's budget
shall reflect the Treasury discounting component of direct loan and loan
guarantee programs. Beginning with fiscal year 2017, the President’s budget
shall reflect the costs of direct loan, loan guarantee, and financial
investment programs. The budget shall also include the planned level of new
direct loan obligations, loan guarantee commitments, or financial investment
commitments associated with each appropriations request.
(b)
Appropriations
required
Notwithstanding any other provision of law, new direct
loan obligations may be incurred and new loan guarantee commitments may be made
of fiscal year 1992 and thereafter and new financial investment commitments may
be made for fiscal year 2017 and thereafter only to the extent that—
(1) new budget
authority to cover their costs is provided in advance in an appropriations
Act;
(2) a limitation on
the use of funds otherwise available for the cost of a direct loan, loan
guarantee, or financial investment program has been provided in advance in an
appropriations Act; or
(3) authority is
otherwise provided in appropriation Acts.
(c)
Exemption for
mandatory programs
Subsections (b) and (e) shall not apply to a
direct loan or loan guarantee program that—
(1) constitutes an
entitlement (such as the guaranteed student loan program or the veteran's home
loan guaranty program); or
(2) all existing
credit programs of the Commodity Credit Corporation on the date of enactment of
this title.
(d)
Budget
accounting
(1) The authority to
incur new direct loan obligations, make new loan guarantee commitments, make
new financial investment commitments, or modify outstanding direct loans (or
direct loan obligations), loan guarantees (or loan guarantee commitments),
financial investments (or financial investment commitments) shall constitute
new budget authority in an amount equal to the cost of the direct loan or loan
guarantee in the fiscal year in which definite authority becomes available or
indefinite authority is used. Such budget authority shall constitute an
obligation of the program account to pay to the financing account.
(2) The outlays
resulting from new budget authority for the cost of direct loans, loan
guarantees, or financial investment described in paragraph (1) shall be paid
from the program account into the financing account and recorded in the fiscal
year in which the direct loan, the guaranteed loan, or financial investment is
disbursed or its costs altered.
(3) All collections
and payments of the financing accounts shall be a means of financing.
(e)
Modifications
An
outstanding direct loan (or direct loan obligation), loan guarantee (or loan
guarantee commitment), or financial investment (or financial investment
commitment) shall not be modified in a manner that increases its costs unless
budget authority for the additional cost has been provided in advance in an
appropriations Act.
(f)
Re-Estimates
When
the estimated cost for a group of direct loans, loan guarantees, or financial
investments for a given program made in a single fiscal year is re-estimated in
a subsequent year, the difference between the re-estimated cost and the
previous cost estimate shall be displayed as a distinct and separately
identified subaccount in the program account as a change in program costs and a
change in net interest. There is hereby provided permanent indefinite authority
for these re-estimates.
(g)
Administrative
expenses
All funding for an agency's administrative costs
associated with a direct loan, loan guarantee, or financial investment program
shall be displayed as distinct and separately identified subaccounts within the
same budget account as the program’s cost.
505.
Authorizations
(a)
Authorization of
appropriations for costs
There are authorized to be appropriated to
each Federal agency authorized to make direct loan obligations, loan guarantee
commitments, or financial investment commitments such sums as may be necessary
to pay the cost associated with such direct loan obligations, loan guarantee
commitments, or financial investment commitments.
(b)
Authorization
for financing accounts
In order to implement the accounting
required by this title, the President is authorized to establish such
non-budgetary accounts as may be appropriate.
(c)
Treasury
transactions with the financing accounts
(1)
In
general
The Secretary of the Treasury shall borrow from, receive
from, lend to, or pay to the financing accounts such amounts as may be
appropriate. The Secretary of the Treasury may prescribe forms and
denominations, maturities, and terms and conditions for the transactions
described in the preceding sentence, except that the rate of interest charged
by the Secretary on lending to financing accounts (including amounts treated as
lending to financing accounts by the Federal Financing Bank (hereinafter in
this subsection referred to as the Bank) pursuant to section
405(b)) and the rate of interest paid to financing accounts on uninvested
balances in financing accounts shall be the same as the rate determined
pursuant to section 502(7)(H).
(2)
Loans
For
guaranteed loans financed by the Bank and treated as direct loans by a Federal
agency pursuant to section 406(b)(1), any fee or interest surcharge (the amount
by which the interest rate charged exceeds the rate determined pursuant to
section 502(7)(H)) that the Bank charges to a private borrower pursuant to
section 6(c) of the Federal Financing Bank Act of 1973 shall be considered a
cash flow to the Government for the purposes of determining the cost of the
direct loan pursuant to section 502(7). All such amounts shall be credited to
the appropriate financing account.
(3)
Reimbursement
The
Bank is authorized to require reimbursement from a Federal agency to cover the
administrative expenses of the Bank that are attributable to the direct loans
financed for that agency. All such payments by an agency shall be considered
administrative expenses subject to section 504(g). This subsection shall apply
to transactions related to direct loan obligations or loan guarantee
commitments made on or after October 1, 1991.
(4)
Authority
The
authorities provided in this subsection shall not be construed to supersede or
override the authority of the head of a Federal agency to administer and
operate a direct loan or loan guarantee program.
(5)
Title
31
All of the transactions provided in the subsection shall be
subject to the provisions of subchapter II of chapter 15 of title 31, United
States Code.
(6)
Treatment of
cash balances
Cash balances of the financing accounts in excess
of current requirements shall be maintained in a form of uninvested funds and
the Secretary of the Treasury shall pay interest on these funds. The Secretary
of the Treasury shall charge (or pay if the amount is negative) financing
accounts an amount equal to the risk component for a direct loan, loan
guarantee, or financial investment or modification thereof. Such amount
received by the Secretary of the Treasury shall be a means of financing and
shall not be considered a cash flow of the Government for the purposes of
section 502(7).
(d)
Authorization
for liquidating accounts
(1) Amounts in liquidating
accounts shall be available only for payments resulting from direct loan
obligations or loan guarantee commitments made prior to October 1, 1991,
for—
(A) interest payments and principal
repayments to the Treasury or the Federal Financing Bank for amounts
borrowed;
(B) disbursements of loans;
(C) default and other guarantee claim
payments;
(D) interest supplement payments;
(E) payments for the costs of foreclosing,
managing, and selling collateral that are capitalized or routinely deducted
from the proceeds of sales;
(F) payments to financing accounts when
required for modifications;
(G) administrative costs and essential
preservation expenses, if—
(i) amounts credited to the liquidating
account would have been available for Administrative costs and essential
preservation expenses under a provision of law in effect prior to October 1,
1991; and
(ii) no direct loan obligation or loan
guarantee commitment has been made, or any modification of a direct loan or
loan guarantee has been made, since September 30, 1991; or
(H) such other payments as are necessary
for the liquidation of such direct loan obligations and loan guarantee
commitments.
(2) Amounts credited to liquidating
accounts in any year shall be available only for payments required in that
year. Any unobligated balances in liquidating accounts at the end of a fiscal
year shall be transferred to miscellaneous receipts as soon as practicable
after the end of the fiscal year.
(3) If funds in liquidating accounts are
insufficient to satisfy obligations and commitments of such accounts, there is
hereby provided permanent, indefinite authority to make any payments required
to be made on such obligations and commitments.
(e)
Authorization of
appropriations for implementation expenses
There are authorized
to be appropriated to existing accounts such sums as may be necessary for
salaries and expenses to carry out the responsibilities under this
title.
(f)
Reinsurance
Nothing
in this title shall be construed as authorizing or requiring the purchase of
insurance or reinsurance on a direct loan or loan guarantee from private
insurers. If any such reinsurance for a direct loan or loan guarantee is
authorized, the cost of such insurance and any recoveries to the Government
shall be included in the calculation of the cost.
(g)
Eligibility and
assistance
Nothing in this title shall be construed to change the
authority or the responsibility of a Federal agency to determine the terms and
conditions of eligibility for, or the amount of assistance provided by a direct
loan or a loan guarantee.
506.
Treatment of
deposit insurance and agencies and other insurance programs
This title shall not apply to the credit or
insurance activities of the Federal Deposit Insurance Corporation, National
Credit Union Administration, Resolution Trust Corporation, Pension Benefit
Guaranty Corporation, National Flood Insurance, National Insurance Development
Fund, Crop Insurance, or Tennessee Valley Authority.
507.
Effect on other
laws
(a)
Effect on other
laws
This title shall
supersede, modify, or repeal any provision of law enacted prior to the date of
enactment of this title to the extent such provision is inconsistent with this
title. Nothing in this title shall be construed to establish a credit
limitation on any Federal loan or loan guarantee program.
(b)
Crediting of
collections
Collections resulting from direct loans obligated or
loan guarantees committed prior to October 1, 1991, shall be credited to the
liquidating accounts of Federal agencies. Amounts so credited shall be
available, to the same extent that they were available prior to the date of
enactment of this title, to liquidate obligations arising from such direct
loans obligated or loan guarantees committed prior to October 1, 1991,
including repayment of any obligations held by the Secretary of the Treasury or
the Federal Financing Bank. The unobligated balances of such accounts that are
in excess of current needs shall be transferred to the general fund of the
Treasury. Such transfers shall be made from time to time but, at least once
each
year.
.
5.
No
changes in mandatory programs in appropriation bills
Section 302(f) of the Congressional Budget
Act of 1974 is amended to read as follows:
(f)
Legislation
subject to point of order
(1)
In the House of
Representatives
(A) After the Congress has
completed action on a concurrent resolution on the budget for a fiscal year, it
shall not be in order in the House of Representatives to consider any bill,
joint resolution, or amendment providing new budget authority or outlays for
any fiscal year, or any conference report on any such bill or joint resolution,
if the enactment of such bill or resolution as reported, the adoption and
enactment of such amendment, or the enactment of such bill or resolution in the
form recommended in such conference report, would cause—
(i) the applicable allocation of new
budget authority or outlays made under subsection (a) or (b) for the first
fiscal year or the total of fiscal years to be exceeded, or
(ii) appropriations legislation to
contain a provision that would have been estimated as affecting direct spending
or receipts under section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 were it included in legislation other than appropriations
legislation, if such provision does not result in net outlay savings over the
total of the period of the current year, the budget year, and all fiscal years
covered under the most recently adopted concurrent resolution on the
budget.
(B) In the House of Representatives, it
shall not be in order to consider a rule or order that waives the application
of subparagraph (A). As disposition of a point of order under this
subparagraph, the Chair shall put the question of consideration with respect to
the rule or order. The question of consideration shall be debatable for 10
minutes by the Member initiating the point of order and for 10 minutes by an
opponent, but shall otherwise be decided without intervening motion except one
that the House adjourn.
(2)
In the
Senate
After a concurrent resolution on the budget is agreed to,
it shall not be in order in the Senate to consider any bill or joint
resolution, amendment, motion, or conference report that—
(A) in the case of any
committee except the Committee on Appropriations, would cause the applicable
allocation of new budget authority or outlays under subsection (a) for the
first fiscal year or the total of fiscal years to be exceeded; or
(B) in the case of the
Committee on Appropriations would—
(i) cause the
applicable suballocation of new budget authority or outlays under subsection
(b) to be exceeded; or
(ii) includes one or
more provisions that would have been estimated as affecting direct spending or
receipts under section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 were they included in legislation other than appropriations
legislation, if such provision does not result in net outlay savings over the
total of the period of the current year, the budget year, and all fiscal years
covered under the most recently adopted concurrent resolution on the
budget.
.
6.
Don’t count
rescissions that don’t save money
Section 312(a) of the Congressional Budget
Act of 1974 (2 U.S.C. 643(a)) is amended—
(1) by striking
For purposes and inserting the following:
(1)
In
general
For purposes;
;
and
(2) by adding at the
end the following:
(2)
Exclusion
In
making determinations under paragraph (1), the committee shall not count
rescissions of budget authority that do not result in outlay savings over the
period of fiscal years covered by the concurrent resolution on the
budget.
.
7.
Suspension of step
increases for Federal employees during a pay-adjustment suspension
period
(a)
Periodic step
increases
Section 5335 of
title 5, United States Code, is amended by adding at the end the
following:
(g)
(1) Under regulations
prescribed by the Office of Personnel Management—
(A) the benefit of step-increases under
this section shall, in the case of any such increase which would otherwise take
effect during a pay-adjustment suspension period, be suspended until the
expiration of such period (or, in the case of successive suspension periods,
the last of them); and
(B) after the end of the pay-adjustment
suspension period (or, in the case of successive suspension periods, the last
of them)—
(i) the rate of pay payable for any
service performed after the end of such suspension period (or, if applicable,
the last of them) shall be recomputed so as to be equal to the rate that would
then be payable if step-increases under this subsection had not been suspended
under subparagraph (A) during such suspension period (or periods); and
(ii) service performed by an employee
before, during, or after a suspension period (or successive suspension periods)
shall, for purposes of any determination of eligibility for a step-increase
under this section, be computed without regard to subparagraph (A).
(2) For purposes of this
subsection—
(A) the term pay-adjustment
suspension period or suspension period means any calendar
year in which an annual pay adjustment for statutory pay systems is denied, in
its entirety, under authority of section 5303(b) (as determined by the Office);
and
(B) the term statutory pay
system has the meaning given such term by section
5302.
.
(b)
Additional step
increases
Section 5336 of title 5, United States Code, is amended
by adding at the end the following:
(d)
(1) Under regulations
prescribed by the Office of Personnel Management—
(A) the benefit of additional step-increases
under this section shall, in the case of any such increase which would
otherwise take effect during a pay-adjustment suspension period, be suspended
until the expiration of such period (or, in the case of successive suspension
periods, the last of them); and
(B) after end of the pay-adjustment suspension
period (or, in the case of successive suspension periods, the last of
them)—
(i) the rate of pay payable for any
service performed after the end of such suspension period (or, if applicable,
the last of them) shall be recomputed so as to be equal to the rate that would
then be payable if additional step-increases under this subsection had not been
suspended under subparagraph (A) during such suspension period (or periods);
and
(ii) for purposes of the second
sentence of subsection (a), an additional step-increase shall be attributed to
the 52-week period during which such increase would (but for this subsection)
otherwise have taken effect.
(2) For purposes of this subsection, the
term pay-adjustment suspension period or suspension
period means a pay-adjustment suspension period under section
5335(g).
.
8.
Point of order
against advance appropriations
(a)
In
general
(1)
Point of
order
Except as provided in subsection (b), it shall not be in
order in the House of Representatives or the Senate to consider any bill, joint
resolution, motion, amendment, or conference report that would provide an
advance appropriation.
(2)
Definition
In
this section, the term advance appropriation means any new budget
authority provided in a bill or joint resolution making appropriations for a
fiscal year that first becomes available for any fiscal year after that fiscal
year, or any new budget authority provided in a bill or joint resolution making
general appropriations or continuing appropriations for any budget year, that
first becomes available for any fiscal year after that budget year.
(b)
Exceptions
Advance
appropriations may be provided as follows:
(1) In an aggregate amount not to exceed
$28,852,000,000 in new budget authority in each fiscal year for the following
programs, projects, activities, or accounts:
(A) Employment and
Training Administration.
(B) Job Corps.
(C) Education for the
Disadvantaged.
(D) School
Improvement.
(E) Children and
Family Services (Head Start).
(F) Special
Education.
(G) Career, Technical,
and Adult Education.
(H) Financial Services
and General Government: Payment to Postal Service.
(I) Transportation,
Housing and Urban Development: Tenant-based Rental Assistance Project-based
Rental Assistance.
(2) For the
Corporation for Public Broadcasting.
(3) For the Department
of Veterans Affairs for the Medical Services, Medical Support and Compliance,
and Medical Facilities accounts of the Veterans Health Administration.
(c)
Supermajority
waiver and appeal
(1)
Waiver
In
the House of Representatives or the Senate, subsection (a)(1) may be waived or
suspended only by an affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(2)
Appeal
In
the Senate, an affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal of the ruling of
the Chair on a point of order raised under subsection (a).
(d)
Form of point of
order
A point of order under subsection (a) may be raised by any
Member as provided in section 313(e) of the Congressional Budget Act of
1974.
(e)
Rules or orders
in the House of Representatives
In the House of Representatives,
it shall not be in order to consider a rule or order that waives the
application of subsection (a)(1). As disposition of a point of order under this
subsection, the Chair shall put the question of consideration with respect to
the rule or order. The question of consideration shall be debatable for 10
minutes by the Member initiating the point of order and for 10 minutes by an
opponent, but shall otherwise be decided without intervening motion except one
that the House adjourn.
(f)
Conference
reports
When the House of Representatives or the Senate is
considering a conference report on, or an amendment between the Houses in
relation to, a bill, upon a point of order being made by any Member pursuant to
this section, and such point of order being sustained, such material contained
in such conference report shall be deemed stricken, and the applicable House
shall proceed to consider the question of whether it shall recede from its
amendment and concur with a further amendment, or concur in the amendment of
the other House with a further amendment, as the case may be, which further
amendment shall consist of only that portion of the conference report or
amendment, as the case may be, not so stricken. Any such motion in the House of
Representatives or Senate shall be debatable. In any case in which such point
of order is sustained against a conference report (or House or Senate
amendment, as applicable, derived from such conference report by operation of
this subsection), no further amendment shall be in order.
9.
Prohibit timing
shifts
(a)
In
general
In the House of
Representatives or the Senate, for purposes of enforcement of points of order
established under the Congressional Budget Act of 1974, S. Con. Res. 21 (110th
Congress; Fiscal Year 2008 Budget Resolution), S. Con. Res. 70 (110th Congress;
Fiscal Year 2009 Budget Resolution), S. Con. Res. 13 (111th Congress; Fiscal
Year 2010 Budget Resolution), and subsequent concurrent resolutions on the
budget, a provision in any bill, resolution, amendment, motion, amendment
between houses, or conference report that shifts outlays or revenues from one
year to another by a date change to act as an offset for other provisions that
increase the deficit for a time period shall not count.
(b)
Rules or orders
in the House of Representatives
In the House of Representatives,
it shall not be in order to consider a rule or order that waives the
application of subsection (a). As disposition of a point of order under this
subsection, the Chair shall put the question of consideration with respect to
the rule or order. The question of consideration shall be debatable for 10
minutes by the Member initiating the point of order and for 10 minutes by an
opponent, but shall otherwise be decided without intervening motion except one
that the House adjourn.
10.
Budget scoring
rule relating to transfers from the general fund of the Treasury to the Highway
Trust Fund that increase public indebtedness
(a)
In
general
In the House of Representatives or the Senate, for
purposes of enforcement of points of order established under the Congressional
Budget Act of 1974, S. Con. Res. 21 (110th Congress; Fiscal Year 2008 Budget
Resolution), S. Con. Res. 70 (110th Congress; Fiscal Year 2009 Budget
Resolution), S. Con. Res. 13 (111th Congress; Fiscal Year 2010 Budget
Resolution), and subsequent concurrent resolutions on the budget, a bill,
resolution, amendment, motion, amendment between houses, or conference report
that transfers funds from the general fund of the Treasury to the Highway Trust
Fund and that increases the level of indebtedness that is subject to the
current applicable statutory public debt limit shall be counted by the chairman
of the Committee on the Budget of the House of Representatives or the Senate,
as applicable, as new budget authority and outlays equal to the amount of the
transfer in the fiscal year the transfer occurs.
(b)
Rules or orders
in the house of representatives
In the House of Representatives,
it shall not be in order to consider a rule or order that waives the
application of subsection (a). As disposition of a point of order under this
subsection, the Chair shall put the question of consideration with respect to
the rule or order. The question of consideration shall be debatable for 10
minutes by the Member initiating the point of order and for 10 minutes by an
opponent, but shall otherwise be decided without intervening motion except one
that the House adjourn.
11.
Requirement in budget
submission with respect to the cost per taxpayer of the deficit
Section 1105(a) of title 31, United States
Code, is amended—
(1) by redesignating
paragraph (37) (relating to the list of outdated or duplicative plans and
reports) as paragraph (39); and
(2) by adding at the
end the following:
(40) in the case of a fiscal year in which the
budget is projected to result in a deficit, an estimate of the pro rata cost of
such deficit for taxpayers who will file individual income tax returns for
taxable years ending during such fiscal
year.
.