[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4649 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4649
To amend part C of the Balanced Budget and Emergency Deficit Control
Act of 1985 to extend the discretionary spending limits.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2004
Mr. Nussle introduced the following bill; which was referred to the
Committee on the Budget
_______________________________________________________________________
A BILL
To amend part C of the Balanced Budget and Emergency Deficit Control
Act of 1985 to extend the discretionary spending limits.
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 ``Discretionary Spending Control Act
of 2004''.
SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.
(a) Discretionary Spending Limits.--(1) Section 251(c)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (relating to
fiscal year 2004) is amended--
(A) in subparagraph (A), by striking ``$31,834,000,000''
and inserting ``$28,052,000,000''; and
(B) in subparagraph (B), by striking ``$1,462,000,000'' and
inserting ``$1,436,000,000'' and by striking ``$6,629,000,000''
and inserting ``$6,271,000,000''.
(2) 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
(D) and by moving it two ems to the right, and by inserting after the
dash the following new subparagraphs:
``(A) for the general purpose discretionary
category: $817,726,000,000 in new budget authority and
$866,056,000,000 in outlays;
``(B) for the highway category: $30,585,000,000 in
outlays; and
``(C) for the mass transit category: $1,554,000,000
in new budget authority and $6,787,000,000 in outlays;
and''.
(3) 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
(D) and by moving it two ems to the right, and by inserting after the
dash the following new subparagraphs:
``(A) for the general purpose discretionary
category: $831,417,000,000 in new budget authority and
$846,280,000,000 in outlays;
``(B) for the highway category: $33,271,000,000 in
outlays; and
``(C) for the mass transit category: $1,671,000,000
in new budget authority and $7,585,000,000 in outlays;
and''.
(4) 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--
``(A) for the highway category: $35,248,000,000 in
outlays; and
``(B) for the mass transit category: $1,785,000,000
in new budget authority and $8,110,000,000 in outlays;
``(5) with respect to fiscal year 2008--
``(A) for the highway category: $36,587,000,000 in
outlays; and
``(B) for the mass transit category: $1,890,000,000
in new budget authority and $8,517,000,000 in outlays;
and
``(6) with respect to fiscal year 2009--
``(A) for the highway category: $37,682,000,000 in
outlays; and
``(B) for the mass transit category: $2,017,000,000
in new budget authority and $8,968,000,000 in
outlays;''.
(b) Definitions.--Section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in subparagraph (B), by--
(A) striking ``the Transportation Equity Act for
the 21st Century and the Surface Transportation
Extension Act of 2003'' and inserting ``the
Transportation Equity Act: A Legacy for Users''; and
(B) inserting before the period at the end the
following new clauses:
``(v) 69-8158-0-7-401 (Motor Carrier Safety
Grants).
``(vi) 69-8159-0-7-401 (Motor Carrier Safety
Operations and Programs).'';
(2) in subparagraph (C), by--
(A) inserting ``(and successor accounts)'' after
``budget accounts''; and
(B) striking ``the Transportation Equity Act for
the 21st Century and the Surface Transportation
Extension Act of 2003 or for which appropriations are
provided pursuant to authorizations contained in those
Acts (except that appropriations provided pursuant to
section 5338(h) of title 49, United States Code, as
amended by the Transportation Equity Act for the 21st
Century, shall not be included in this category)'' and
inserting ``the Transportation Equity Act: A Legacy for
Users or for which appropriations are provided pursuant
to authorizations contained in that Act''; and
(3) in subparagraph (D)(ii), by striking ``section 8103 of
the Transportation Equity Act for the 21st Century'' and
inserting ``section 8103 of the Transportation Equity Act: A
Legacy for Users''.
SEC. 3. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES.
Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are amended to read as
follows:
``(B) Adjustment to align highway spending with
revenues.--(i) When the President submits the budget
under section 1105 of title 31, United States Code, OMB
shall calculate and the budget shall make adjustments
to the highway category for the budget year and each
outyear as provided in clause (ii)(I)(cc).
``(ii)(I)(aa) OMB shall take the actual level of
highway receipts for the year before the current year
and subtract the sum of the estimated level of highway
receipts in subclause (II) plus any amount previously
calculated under item (bb) for that year.
``(bb) OMB shall take the current estimate of
highway receipts for the current year and subtract the
estimated level of receipts for that year.
``(cc) OMB shall add one-half of the sum of the
amount calculated under items (aa) and (bb) to the
obligation limitations set forth in the section 8103 of
the Transportation Equity Act: A Legacy for Users and,
using current estimates, calculate the outlay change
resulting from the change in obligations for the budget
year and the first outyear and the outlays flowing
therefrom through subsequent fiscal years. After making
the calculations under the preceding sentence, OMB
shall adjust the amount of obligations set forth in
that section for the budget year and the first outyear
by adding one-half of the sum of the amount calculated
under items (aa) and (bb) to each such year.
``(II) The estimated level of highway receipts for
the purposes of this clause are--
``(aa) for fiscal year 2004,
$30,572,000,000;
``(bb) for fiscal year 2005,
$34,260,000,000;
``(cc) for fiscal year 2006,
$35,586,000,000;
``(dd) for fiscal year 2007,
$36,570,000,000;
``(ee) for fiscal year 2008,
$37,603,000,000; and
``(ff) for fiscal year 2009,
$38,651,000,000.
``(III) In this clause, the term `highway receipts'
means the governmental receipts credited to the highway
account of the Highway Trust Fund.
``(C) In addition to the adjustment required by
subparagraph (B), when the President submits the budget under
section 1105 of title 31, United States Code, for fiscal year
2006, 2007, 2008, or 2009, OMB shall calculate and the budget
shall include for the budget year and each outyear an
adjustment to the limits on outlays for the highway category
and the mass transit category equal to--
``(i) the outlays for the applicable category
calculated assuming obligation levels consistent with
the estimates prepared pursuant to subparagraph (D), as
adjusted, using current technical assumptions; minus
``(ii) the outlays for the applicable category set
forth in the subparagraph (D) estimates, as adjusted.
``(D)(i) When OMB and CBO submit their final sequester
report for fiscal year 2004, that report shall include an
estimate of the outlays for each of the categories that would
result in fiscal years 2005 through 2009 from obligations at
the levels specified in section 8103 of the Transportation
Equity Act: A Legacy for Users using current assumptions.
``(ii) When the President submits the budget under section
1105 of title 31, United States Code, for fiscal year 2006,
2007, 2008, or 2009, OMB shall adjust the estimates made in
clause (i) by the adjustments by subparagraphs (B) and (C).
``(E) OMB shall consult with the Committees on the Budget
and include a report on adjustments under subparagraphs (B) and
(C) in the preview report.''.
SEC. 4. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--For the purposes of section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the level of
obligation limitations for the highway category is--
(1) for fiscal year 2004, $34,309,000,000;
(2) for fiscal year 2005, $35,671,000,000;
(3) for fiscal year 2006, $36,719,000,000;
(4) for fiscal year 2007, $37,800,000,000;
(5) for fiscal year 2008, $38,913,000,000; and
(6) for fiscal year 2009, $40,061,000,000.
(b) Mass Transit Category.--For the purposes of section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985, the
level of obligation limitations for the mass transit category is--
(1) for fiscal year 2004, $7,266,000,000;
(2) for fiscal year 2005, $7,750,000,000;
(3) for fiscal year 2006, $8,266,000,000;
(4) for fiscal year 2007, $8,816,000,000;
(5) for fiscal year 2008, $9,403,000,000; and
(6) for fiscal year 2009, $10,029,000,000.
For purposes of this subsection, the term ``obligation limitations''
means the sum of budget authority and obligation limitations.
SEC. 5. 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
2007, discretionary advance appropriations provided in appropriation
Acts in excess of $23,558,000,000 shall be counted against the
discretionary spending limits for the fiscal year for which the
appropriation Act containing the advance appropriation is enacted.''.
SEC. 6. 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) Fire Suppression; 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) Fire suppression.--(i) If a bill or joint
resolution is enacted that provides new budget
authority for wildland fire suppression for fiscal year
2005 or fiscal year 2006 that would cause the level of
total new budget authority for wildland fire
suppression to exceed the base amount for that fiscal
year, the adjustment for that fiscal year shall be the
additional new budget authority provided for such
purpose and the additional outlays flowing from such
amounts, but shall not exceed--
``(I) for the Forest Service for fiscal
year 2005 or fiscal year 2006 (as applicable),
$400,000,000; and
``(II) for the Department of the Interior
for fiscal year 2005 or fiscal year 2006 (as
applicable), $100,000,000.
``(ii) For this subparagraph, the term ``base
amount'' refers to the average of the obligations of
the 10 fiscal years preceding the current year for
wildfire suppression in the Forest Service and in the
Department of the Interior, as calculated by OMB, but
for fiscal year 2005 the base amount is $880,000,000.
``(J) Contingency operations related to global war
on terrorism.--If, for fiscal year 2005, 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, but not to exceed $50,000,000,000, 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. 7. 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)(J) shall not be assumed
beyond the fiscal year for which they have been enacted.''.
SEC. 8. 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 ``2006 (or 2009 solely for purposes of
enforcing the discretionary spending limits for the highway and mass
transit categories)''.
SEC. 9. EXPIRATION.
Section 275(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by striking ``2002'' and inserting ``2006 (or
2009 solely for purposes of enforcing the discretionary spending limits
for the highway and mass transit categories)''.
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