[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4663 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4663
To amend part C of the Balanced Budget and Emergency Deficit Control
Act of 1985 to establish discretionary spending limits and a pay-as-
you-go requirement for mandatory spending.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 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 establish discretionary spending limits and a pay-as-
you-go requirement for mandatory spending.
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)(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: $839,167,000,000 in new budget authority and
$851,731,000,000 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
2006, 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. 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. 7. 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, 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. 8. 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. 9. 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. 10. 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. 11. 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)'' and by striking ``2006''
and inserting ``2013''.
SEC. 12. 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''.
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