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 16, 2004

Mr. NUSSLE introduced the following bill; which was referred to the Committee on the Budget

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: $XXXX in new budget authority and $XXXX 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: $XXXX in new budget authority and $XXXX 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: $XXXX in new budget authority and $XXXX in outlays;

`(5) with respect to fiscal year 2008 for the general purpose discretionary category: $XXXX in new budget authority and $XXXX in outlays; and

`(6) with respect to fiscal year 2009 for the general purpose discretionary category: $XXXX in new budget authority and $XXXX 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 $XXXX 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 its side heading to read as follows: `CALCULATION OF DIRECT SPENDING INCREASE'.

(d) CONFORMING AMENDMENTS- (1) The side 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, 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 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 251(c)(5), move subparagraph (A) 2 ems to the right.

(9) In section 252(c)(1)(C)(i), strike `paragraph (1)' and insert `subsection (b)'.

(10) In section 254(c)(3), amend subparagraph (A) to read as follows:

`(A) The amount of the sequestration, if any, calculated under section 252(b).'.

(11) In section 254(f)(4), strike `subsection' and insert `section' and strike `sequesterable' and insert `sequestrable'.

(12) In section 255(g)(1)(B), move the fourteenth undesignated clause 2 ems to the right.

(13) In section 255(g)(2), insert `and' after the semicolon at the end of the next-to-last undesignated paragraph.

(14) 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.

(15) In section 256(k)(1), strike `paragraph (5)' and insert `paragraph (6)'.

(16) In section 257(b)(2)(A)(i), strike `differenes' and insert `differences'.

END