Truth in Spending Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3908 To increase the long-term fiscal accountability of direct spending legislation. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Mr. KINZINGER (for himself, Mr. COOPER, and Mr. YOHO) introduced the fol- lowing bill; which was referred to the Committee on the Budget, and in addition to the Committee on Rules, for a period to be subsequently de- termined 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; PURPOSE. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Truth in Spending Act of 2019’’. 5 (b) PURPOSE.—It is the purpose of this Act to— 6 (1) improve congressional control over the Fed- 7 eral budget process; 8 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 2 •HR 3908 IH (2) to facilitate the determination each year of 1 the appropriate level of Federal revenues and ex- 2 penditures by the Congress and the President; and 3 (3) to provide for the furnishing of information 4 that will assist the Congress in controlling growth of 5 direct spending programs. 6 SEC. 2. PRESIDENTS’ BUDGET SUBMISSIONS. 7 (a) OMB REPORT REGARDING DIFFERENCE BE- 8 TWEEN ACTUAL AND ESTIMATED COSTS OF DIRECT 9 SPENDING LEGISLATION.—Section 1105(a) of title 31, 10 United States Code, is amended by adding at the end the 11 following new paragraph: 12 ‘‘(40) the most recent reports of the Director of 13 the Office of Management and Budget under sub- 14 sections (a) and (b) of section 3 of the Truth in 15 Spending Act of 2019 regarding the difference be- 16 tween the actual costs and the estimated costs of di- 17 rect spending legislation, including proposed legisla- 18 tive language, if any, in such reports.’’. 19 (b) EFFECTIVE DATE.—The amendment made by 20 subsection (a) shall apply to budget submissions made by 21 the President beginning with the submission for fiscal year 22 2021. 23 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 3 •HR 3908 IH SEC. 3. LONG-TERM FISCAL ACCOUNTABILITY OF DIRECT 1 SPENDING LEGISLATION. 2 (a) INITIAL FIVE-YEAR REPORT.—Not later than 3 January 15, 2020, and each subsequent year, the Director 4 of the Office of Management and Budget shall submit to 5 the President for inclusion in his annual budget submis- 6 sion under section 1105(a) of title 31, United States Code, 7 a report setting forth the following: 8 (1) For all Acts affecting direct spending rel- 9 ative to the baseline enacted during the sixth cal- 10 endar year before the calendar year in which this re- 11 port is submitted, the total cost as estimated by the 12 Director of the Congressional Budget Office for the 13 then budget year and four outyears. 14 (2) For all Acts affecting direct spending rel- 15 ative to the baseline enacted during the sixth cal- 16 endar year before the calendar year in which this re- 17 port is submitted, the actual total cost as computed 18 by the Director of the Office of Management and 19 Budget for the then budget year and four outyears. 20 (3) For such 5-fiscal-year period, the net 21 amount by which the actual cost of all such Acts ex- 22 ceeds the estimated cost of all such Acts, or the net 23 amount by which the estimated cost of all such Acts 24 exceeds the actual cost of all such Acts, as the case 25 may be. 26 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 4 •HR 3908 IH (4) If the actual total cost of all such Acts ex- 1 ceeds the estimated total cost, then proposed legisla- 2 tive language to eliminate such excess cost. 3 (5) If the actual total cost of all such Acts ex- 4 ceeds the estimated total cost, then a detailed state- 5 ment of the most likely reasons why that occurred. 6 (6) A list of each Act for which the actual total 7 cost exceeded the estimated total cost for the appli- 8 cable five-year period described in paragraph (3) and 9 the dollar amount of such excess. 10 (b) FOLLOW-UP FIVE-YEAR REPORT.—Not later 11 than January 15, 2020, and each subsequent year, the 12 Director of the Office of Management and Budget shall 13 submit to the President for inclusion in his annual budget 14 submission under section 1105(a) of title 31, United 15 States Code, a report setting forth the following: 16 (1) For all Acts affecting direct spending rel- 17 ative to the baseline enacted during the eleventh cal- 18 endar year before the calendar year in which this re- 19 port is submitted, the total cost as estimated by the 20 Director of the Congressional Budget Office for the 21 5-fiscal-year period, the first fiscal year of which be- 22 gins immediately after the last fiscal year covered by 23 the corresponding initial five-year report under sub- 24 section (a). 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 5 •HR 3908 IH (2) For all Acts affecting direct spending rel- 1 ative to the baseline enacted during the eleventh cal- 2 endar year before the calendar year in which this re- 3 port is submitted, the actual total cost as computed 4 by the Director of the Office of Management and 5 Budget for the 5-fiscal-year period, the first fiscal 6 year of which begins immediately after the last fiscal 7 year covered by the corresponding initial five-year 8 report under subsection (a). 9 (3) For such 5-fiscal-year period, the net 10 amount by which the actual cost of all such Acts ex- 11 ceeds the estimated cost of all such Acts, or the net 12 amount by which the estimated cost of all such Acts 13 exceeds the actual cost of all such Acts, as the case 14 may be. 15 (4) If the actual total cost of all such Acts ex- 16 ceeds the estimated total cost, then propose legisla- 17 tive language to eliminate such excess cost. 18 (5) If the actual total cost of all such Acts ex- 19 ceeds the estimated total cost, then a detailed state- 20 ment of the most likely reasons why that occurred. 21 (6) A list of each Act for which the actual total 22 cost exceeded the estimated total cost for the appli- 23 cable five-year period described in paragraph (3) and 24 the dollar amount of such excess. 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 6 •HR 3908 IH (c) DEFINITION.—As used in this section, the term 1 ‘‘direct spending’’ has the meaning given such term in sec- 2 tion 250(c)(8) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 SEC. 4. FAST TRACK PROCEDURE. 5 (a) PRESIDENTIAL SUBMISSION TO CONGRESS.— 6 Upon receiving any report from the Director of the Office 7 of Management and Budget pursuant to subsection (a) or 8 (b) of section 3, the President shall, within 7 days, submit 9 any proposed legislative language set forth in such report 10 to the House of Representatives and to the Senate. 11 (b) CONGRESSIONAL CONSIDERATION.— 12 (1) INTRODUCTION.— 13 (A) IN GENERAL.—On the day on which 14 the proposed legislative language is submitted 15 by the President to the House of Representa- 16 tives and the Senate under subsection (a), it 17 shall be introduced (by request) in the Senate 18 by the majority leader of the Senate or by 19 Members of the Senate designated by the ma- 20 jority leader of the Senate and shall be intro- 21 duced (by request) in the House by the major- 22 ity leader of the House or by Members of the 23 House designated by the majority leader of the 24 House. 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 7 •HR 3908 IH (B) NOT IN SESSION.—If either House is 1 not in session on the day on which such legisla- 2 tive proposal is submitted, the legislative pro- 3 posal shall be introduced in that House, as pro- 4 vided in subparagraph (A), on the first day 5 thereafter on which that House is in session. 6 (C) ANY MEMBER.—If the legislative pro- 7 posal is not introduced in either House within 8 5 days on which that House is in session after 9 the day on which the legislative proposal is sub- 10 mitted, then any Member of that House may 11 introduce the legislative proposal. 12 (D) REFERRAL.—The legislation intro- 13 duced under this paragraph shall be referred by 14 the Presiding Officers of the respective Houses 15 to the appropriate committees. 16 (2) COMMITTEE CONSIDERATION OF PRO- 17 POSAL.— 18 (A) REPORTING BILL.—Not later than 19 April 1 of any year in which a proposal is sub- 20 mitted by the President to Congress under this 21 section, the applicable committees of the House 22 of Representatives and of the Senate may re- 23 port the bill referred to them under paragraph 24 (1)(D) with committee amendments, such that 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 8 •HR 3908 IH the bill, as amended, achieves the cost savings 1 in the original submission. 2 (B) DISCHARGE.—If, with respect to the 3 House involved, the committee has not reported 4 the bill by the date required by subparagraph 5 (A), the committee shall be discharged from 6 further consideration of the proposal. 7 (3) LIMITATION ON CHANGES TO REC- 8 OMMENDATIONS.— 9 (A) IN GENERAL.—It shall not be in order 10 in the Senate or the House of Representatives 11 to consider any bill, resolution, or amendment 12 pursuant to this subsection or conference report 13 thereon that fails to achieve the cost savings set 14 forth in the original submission by the Presi- 15 dent from among the Acts set forth on the list 16 compiled under section 3(a)(6). 17 (B) WAIVER.—This paragraph may be 18 waived or suspended in the Senate only by the 19 affirmative vote of three-fifths of the Members, 20 duly chosen and sworn. 21 (C) APPEALS.—An affirmative vote of 22 three-fifths of the Members of the Senate, duly 23 chosen and sworn, shall be required in the Sen- 24 ate to sustain an appeal of the ruling of the 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 9 •HR 3908 IH Chair on a point of order raised under this 1 paragraph. 2 (4) EXPEDITED PROCEDURE.— 3 (A) CONSIDERATION.—A motion to pro- 4 ceed to the consideration of the bill in the Sen- 5 ate is not debatable. 6 (B) AMENDMENT.— 7 (i) TIME LIMITATION.—Debate in the 8 Senate on any amendment to a bill under 9 this section shall be limited to 1 hour, to 10 be equally divided between, and controlled 11 by, the mover and the manager of the bill, 12 and debate on any amendment to an 13 amendment, debatable motion, or appeal 14 shall be limited to 30 minutes, to be equal- 15 ly divided between, and controlled by, the 16 mover and the manager of the bill, except 17 that in the event the manager of the bill 18 is in favor of any such amendment, mo- 19 tion, or appeal, the time in opposition 20 thereto shall be controlled by the minority 21 leader or such leader’s designee. 22 (ii) GERMANE.—No amendment that 23 is not germane to the provisions of such 24 bill shall be received. 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 10 •HR 3908 IH (iii) ADDITIONAL TIME.—The leaders, 1 or either of them, may, from the time 2 under their control on the passage of the 3 bill, allot additional time to any Senator 4 during the consideration of any amend- 5 ment, debatable motion, or appeal. 6 (iv) AMENDMENT NOT IN ORDER.—It 7 shall not be in order to consider an amend- 8 ment that would cause the bill to have cost 9 savings that are less than the cost savings 10 set forth in the original submission by the 11 President. 12 (v) WAIVER AND APPEALS.—This 13 paragraph may be waived or suspended in 14 the Senate only by the affirmative vote of 15 three-fifths of the Members, duly chosen 16 and sworn. An affirmative vote of three- 17 fifths of the Members of the Senate, duly 18 chosen and sworn, shall be required in the 19 Senate to sustain an appeal of the ruling 20 of the Chair on a point of order raised 21 under this section. 22 (C) CONSIDERATION BY THE OTHER 23 HOUSE.— 24 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 11 •HR 3908 IH (i) IN GENERAL.—The expedited pro- 1 cedures provided in this subsection for the 2 consideration of a bill introduced pursuant 3 to paragraph (1) shall not apply to such a 4 bill that is received by one House from the 5 other House if such a bill was not intro- 6 duced in the receiving House. 7 (ii) BEFORE PASSAGE.—If a bill that 8 is introduced pursuant to paragraph (1) is 9 received by one House from the other 10 House, after introduction but before dis- 11 position of such a bill in the receiving 12 House, then the following shall apply: 13 (I) The receiving House shall 14 consider the bill introduced in that 15 House through all stages of consider- 16 ation up to, but not including, pas- 17 sage. 18 (II) The question on passage 19 shall be put on the bill of the other 20 House as amended by the language of 21 the receiving House. 22 (iii) AFTER PASSAGE.—If a bill intro- 23 duced pursuant to paragraph (1) is re- 24 ceived by one House from the other House, 25 VerDate Sep 11 2014 23:30 Aug 03, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3908.IH H3908 kjohnson on DSK79L0C42 with BILLS 12 •HR 3908 IH after such a bill is passed by the receiving 1 House, then the vote on passage of the bill 2 that originates in the receiving House shall 3 be considered to be the vote on passage of 4 the bill received from the other House as 5 amended by the language of the receiving 6 House. 7 (iv) DISPOSITION.—Upon disposition 8 of a bill introduced pursuant to paragraph 9 (1) that is received by one House from the 10 other House, it shall no longer be in order 11 to consider the bill that originates in the 12 receiving House. 13 (v) LIMITATION.—Clauses (ii), (iii), 14 and (iv) shall apply only to a bill received 15 by one House from the other House if the 16 bill would have cost savings that are not 17 less than the cost savings set for [Text truncated for display. 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