[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3973 Reported in House (RH)]
Union Calendar No. 255
108th CONGRESS
2d Session
H. R. 3973
[Report No. 108-442]
To amend part C of the Balanced Budget and Emergency Deficit Control
Act of 1985 to extend the discretionary spending limits and pay-as-you-
go through fiscal year 2009.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2004
Mr. Nussle introduced the following bill; which was referred to the
Committee on the Budget
March 19, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
16, 2004]
_______________________________________________________________________
A BILL
To amend part C of the Balanced Budget and Emergency Deficit Control
Act of 1985 to extend the discretionary spending limits and pay-as-you-
go through fiscal year 2009.
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 ``Spending Control Act of 2004''.
SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.
(a) Discretionary Spending Limits.--(1) Section 251(c)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
inserting a dash after ``2005'', by redesignating the remaining portion
of such paragraph as subparagraph (B) and by moving it two ems to the
right, and by inserting after the dash the following new subparagraph:
``(A) for the general purpose discretionary
category: $____ in new budget authority and $____ in
outlays; and''.
(2) Section 251(c)(3) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting a dash after ``2006'', by
redesignating the remaining portion of such paragraph as subparagraph
(B) and by moving it two ems to the right, and by inserting after the
dash the following new subparagraph:
``(A) for the general purpose discretionary
category: $____ in new budget authority and $____ in
outlays; and''.
(3) Section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by redesignating paragraphs (4) through
(9) as paragraphs (7) through (12) and inserting after paragraph (3)
the following new paragraphs:
``(4) with respect to fiscal year 2007 for the general
purpose discretionary category: $____ in new budget authority
and $____ in outlays;
``(5) with respect to fiscal year 2008 for the general
purpose discretionary category: $____ in new budget authority
and $____ in outlays; and
``(6) with respect to fiscal year 2009 for the general
purpose discretionary category: $____ in new budget authority
and $____ in outlays;''.
(b) Advance Appropriations.--Section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding at the end
the following new subsection:
``(d) Advance Appropriations.--In any of fiscal years 2005 through
2009, discretionary advance appropriations provided in appropriation
Acts in excess of $____ shall be counted against the discretionary
spending limits for the fiscal year for which the appropriation Act
containing the advance appropriation is enacted.''.
SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.
(a) Purpose.--Section 252(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended to read as follows:
``(a) Purpose.--The purpose of this section is to assure that any
legislation that is enacted before October 1, 2009, that causes a net
increase in direct spending will trigger an offsetting
sequestration.''.
(b) Timing.--Section 252(b)(1) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``any net deficit
increase'' and all that follows through ``2002,'' and by inserting
``any net increase in direct spending enacted before October 1,
2009,''.
(c) Calculation of Direct Spending Increase.--Section 252(b)(2) of
the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended--
(1) by striking ``deficit'' the first place it appears and
inserting ``direct spending'';
(2) in subparagraph (A) by striking ``and receipts'';
(3) in subparagraph (C) by striking ``and receipts''; and
(4) by amending the heading to read as follows:
``Calculation of direct spending increase.--''.
(d) Conforming Amendments.--(1) The heading of section 252(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended to read as follows: ``Eliminating a Direct Spending Increase.--
''.
(2) Paragraphs (1), (2), and (4) of section 252(d) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are amended by
striking ``or receipts'' each place it appears.
(3) Section 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by striking ``or receipts'' and by
striking ``, outlays, and receipts'' and inserting ``and outlays''.
(4) Section 254(c)(3) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended--
(A) in subparagraph (A) by striking ``net deficit increase
or decrease'' and by inserting ``net increase or decrease in
direct spending'';
(B) in subparagraph (B) by striking ``amount of deficit
increase or decrease'' and by inserting ``increase or decrease
in direct spending''; and
(C) in subparagraph (C) by striking ``a deficit increase''
and by inserting ``an increase in direct spending''.
SEC. 4. DEFINITIONS.
(a) In General.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding at the end
the following new paragraphs:
``(20) The term `advance appropriation' means
appropriations that first become available one fiscal year or
more beyond the fiscal year for which an appropriation Act
making such funds available is enacted.
``(21)(A) Except as provided by subparagraph (B), the term
`emergency requirement' means any provision that provides new
budget authority and resulting outlays for a situation that
poses a threat to life, property, or national security and is--
``(i) sudden, quickly coming into being, and not
building up over time;
``(ii) an urgent, pressing, and compelling need
requiring immediate action;
``(iii) subject to subparagraph (B), unforeseen,
unpredictable, and unanticipated; and
``(iv) not permanent, temporary in nature.
``(B) An emergency that is part of an aggregate level of
anticipated emergencies, particularly when normally estimated
in advance, is not unforeseen.''.
(b) Contingency Operations Related to Global War on Terrorism.--
Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by adding at the end the following new
subparagraph:
``(I) Contingency operations related to global war
on terrorism.--If supplemental appropriations for
discretionary accounts are enacted for contingency
operations related to the global war on terrorism that,
pursuant to this subparagraph, the President designates
as a contingency operation related to the global war on
terrorism and the Congress so designates in statute,
the adjustment shall be the total of such
appropriations in discretionary accounts so designated
and the outlays flowing in all fiscal years from such
appropriations.''.
(c) Conforming Amendment.--The second sentence of section
250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended to read as follows: ``The general purpose
discretionary category shall consist of accounts designated in the
joint explanatory statement of managers accompanying the conference
report on the Spending Control Act of 2004.''.
SEC. 5. PROJECTIONS UNDER SECTION 257.
Section 257(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by inserting after paragraph (6) the following
new paragraph:
``(7) Emergencies.--New budgetary resources designated
under section 251(b)(2)(A) or 251(b)(2)(I) shall not be assumed
beyond the fiscal year for which they have been enacted.''.
SEC. 6. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIRING RECEIPTS
LEGISLATION.
Section 252(d)(4) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by striking ``and'' at the end of
subparagraph (A), by striking the period and inserting ``; and'' at the
end of subparagraph (B), and by adding at the end the following new
subparagraph:
``(C) extending provisions in the Economic Growth
and Tax Relief Reconciliation Act of 2001 or provisions
in sections 101 through 104, section 202, or sections
301 and 302 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003.''.
SEC. 7. REPORTS.
Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced
Budget and Emergency Deficit Control Act of 1985 are amended by
striking ``2002'' and inserting ``2009''.
SEC. 8. EXPIRATION.
Section 275(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by striking ``2002'' and inserting ``2009'' and
by striking ``2006'' and inserting ``2013''.
SEC. 9. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
Part C of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended as follows:
(1) In section 250(a), strike ``SEC. 256. GENERAL AND
SPECIAL SEQUESTRATION RULES'' and insert ``Sec. 256. General
and special sequestration rules'' in the item relating to
section 256.
(2) In subparagraphs (F), (G), (H), (I), (J), and (K) of
section 250(c)(4), insert ``subparagraph'' after ``described
in'' each place it appears.
(3) In section 250(c)(18), insert ``of'' after
``expenses''.
(4) In section 251(b)(1)(A), strike ``committees'' the
first place it appears and insert ``Committees''.
(5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and
insert ``fiscal year''.
(6) In section 251(b)(1)(D)(ii), strike ``fiscal years''
and insert ``fiscal year''.
(7) In section 252(b)(2)(B), insert ``the'' before ``budget
year''.
(8) In section 252(c)(1)(C)(i), strike ``paragraph (1)''
and insert ``subsection (b)''.
(9) In section 254(c)(3)(A), strike ``subsection'' and
insert ``section''.
(10) In section 254(f)(4), strike ``subsection'' and insert
``section'' and strike ``sequesterable'' and insert
``sequestrable''.
(11) In section 255(g)(1)(B), move the fourteenth
undesignated clause 2 ems to the right.
(12) In section 255(g)(2), insert ``and'' after the
semicolon at the end of the next-to-last undesignated clause.
(13) In section 255(h)--
(A) strike ``and'' after the semicolon in the ninth
undesignated clause;
(B) insert ``and'' after the semicolon at the end
of the tenth undesignated clause; and
(C) strike the semicolon at the end and insert a
period.
(14) In section 256(k)(1), strike ``paragraph (5)'' and
insert ``paragraph (6)''.
(15) In section 257(b)(2)(A)(i), strike ``differenes'' and
insert ``differences''.
Union Calendar No. 255
108th CONGRESS
2d Session
H. R. 3973
[Report No. 108-442]
_______________________________________________________________________
A BILL
To amend part C of the Balanced Budget and Emergency Deficit Control
Act of 1985 to extend the discretionary spending limits and pay-as-you-
go through fiscal year 2009.
_______________________________________________________________________
March 19, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed