IB 

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-asyou-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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Spending Control Act 

3 of 2004’’. 

4 SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. 

5 (a) DISCRETIONARY SPENDING LIMITS.—(1) Section 

6 251(c)(2) of the Balanced Budget and Emergency Deficit 

7 Control Act of 1985 is amended by inserting a dash after 

8 ‘‘2005’’, by redesignating the remaining portion of such 

9 paragraph as subparagraph (B) and by moving it two ems 

10 to the right, and by inserting after the dash the following 

11 new subparagraph: 

12 ‘‘(A) for the general purpose discretionary 

13 category: $llll in new budget authority 

14 and $llll in outlays; and’’. 

15 (2) Section 251(c)(3) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985 is amended by in17 serting a dash after ‘‘2006’’, by redesignating the remaining 

18 portion of such paragraph as subparagraph (B) and by 

19 moving it two ems to the right, and by inserting after the 

20 dash the following new subparagraph: 

21 ‘‘(A) for the general purpose discretionary 

22 category: $llll in new budget authority 

23 and $llll in outlays; and’’. 

24 (3) Section 251(c) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985 is amended by redesig26 nating paragraphs (4) through (9) as paragraphs (7) 
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1 through (12) and inserting after paragraph (3) the fol2 lowing new paragraphs: 

3 ‘‘(4) with respect to fiscal year 2007 for the gen4 eral purpose discretionary category: $llll in 

5 new budget authority and $llll in outlays; 

6 ‘‘(5) with respect to fiscal year 2008 for the gen7 eral purpose discretionary category: $llll in 

8 new budget authority and $llll in outlays; and 

9 ‘‘(6) with respect to fiscal year 2009 for the gen10 eral purpose discretionary category: $llll in 

11 new budget authority and $llll in outlays;’’. 

12 (b) ADVANCE APPROPRIATIONS.—Section 251 of the 

13 Balanced Budget and Emergency Deficit Control Act of 

14 1985 is amended by adding at the end the following new 

15 subsection: 

16 ‘‘(d) ADVANCE APPROPRIATIONS.—In any of fiscal 

17 years 2005 through 2009, discretionary advance appropria18 tions provided in appropriation Acts in excess of 

19 $llll shall be counted against the discretionary 

20 spending limits for the fiscal year for which the appropria21 tion Act containing the advance appropriation is enacted.’’. 

22 SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. 

23 (a) PURPOSE.—Section 252(a) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985 is amended to 

25 read as follows: 
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1 ‘‘(a) PURPOSE.—The purpose of this section is to as2 sure that any legislation that is enacted before October 1, 

3 2009, that causes a net increase in direct spending will trig4 ger an offsetting sequestration.’’. 

5 (b) TIMING.—Section 252(b)(1) of the Balanced Budg6 et and Emergency Deficit Control Act of 1985 is amended 

7 by striking ‘‘any net deficit increase’’ and all that follows 

8 through ‘‘2002,’’ and by inserting ‘‘any net increase in di9 rect spending enacted before October 1, 2009,’’. 

10 (c) CALCULATION OF DIRECT SPENDING INCREASE.—

11 Section 252(b)(2) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985 is amended—

13 (1) by striking ‘‘deficit’’ the first place it ap14 pears and inserting ‘‘direct spending’’; 

15 (2) in subparagraph (A) by striking ‘‘and re16 ceipts’’; 

17 (3) in subparagraph (C) by striking ‘‘and re18 ceipts’’; and 

19 (4) by amending the heading to read as follows: 

20 ‘‘CALCULATION OF DIRECT SPENDING INCREASE.—’’. 

21 (d) CONFORMING AMENDMENTS.—(1) The heading of 

22 section 252(c) of the Balanced Budget and Emergency Def23 icit Control Act of 1985 is amended to read as follows: 

24 ‘‘ELIMINATING A DIRECT SPENDING INCREASE.—’’. 
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1 (2) Paragraphs (1), (2), and (4) of section 252(d) of 

2 the Balanced Budget and Emergency Deficit Control Act 

3 of 1985 are amended by striking ‘‘or receipts’’ each place 

4 it appears. 

5 (3) Section 252(e) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985 is amended by striking 

7 ‘‘or receipts’’ and by striking ‘‘, outlays, and receipts’’ and 

8 inserting ‘‘and outlays’’. 

9 (4) Section 254(c)(3) of the Balanced Budget and 

10 Emergency Deficit Control Act of 1985 is amended—

11 (A) in subparagraph (A) by striking ‘‘net deficit 

12 increase or decrease’’ and by inserting ‘‘net increase 

13 or decrease in direct spending’’; 

14 (B) in subparagraph (B) by striking ‘‘amount of 

15 deficit increase or decrease’’ and by inserting ‘‘in16 crease or decrease in direct spending’’; and 

17 (C) in subparagraph (C) by striking ‘‘a deficit 

18 increase’’ and by inserting ‘‘an increase in direct 

19 spending’’. 

20 SEC. 4. DEFINITIONS. 

21 (a) IN GENERAL.—Section 250(c) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985 is 

23 amended by adding at the end the following new para24 graphs: 
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1 ‘‘(20) The term ‘advance appropriation’ means 

2 appropriations that first become available one fiscal 

3 year or more beyond the fiscal year for which an ap4 propriation Act making such funds available is en5 acted. 

6 ‘‘(21)(A) Except as provided by subparagraph 

7 (B), the term ‘emergency requirement’ means any 

8 provision that provides new budget authority and re9 sulting outlays for a situation that poses a threat to 

10 life, property, or national security and is—

11 ‘‘(i) sudden, quickly coming into being, and 

12 not building up over time; 

13 ‘‘(ii) an urgent, pressing, and compelling 

14 need requiring immediate action; 

15 ‘‘(iii) subject to subparagraph (B), unfore16 seen, unpredictable, and unanticipated; and 

17 ‘‘(iv) not permanent, temporary in nature. 

18 ‘‘(B) An emergency that is part of an aggregate 

19 level of anticipated emergencies, particularly when 

20 normally estimated in advance, is not unforeseen.’’. 

21 (b) CONTINGENCY OPERATIONS RELATED TO GLOBAL

22 WAR ON TERRORISM.—Section 251(b)(2) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985 is 

24 amended by adding at the end the following new subpara25 graph: 
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1 ‘‘(I) CONTINGENCY OPERATIONS RELATED

2 TO GLOBAL WAR ON TERRORISM.—If supple3 mental appropriations for discretionary accounts 

4 are enacted for contingency operations related to 

5 the global war on terrorism that, pursuant to 

6 this subparagraph, the President designates as a 

7 contingency operation related to the global war 

8 on terrorism and the Congress so designates in 

9 statute, the adjustment shall be the total of such 

10 appropriations in discretionary accounts so des11 ignated and the outlays flowing in all fiscal 

12 years from such appropriations.’’. 

13 (c) CONFORMING AMENDMENT.—The second sentence 

14 of section 250(c)(4)(A) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985 is amended to read as 

16 follows: ‘‘The general purpose discretionary category shall 

17 consist of accounts designated in the joint explanatory 

18 statement of managers accompanying the conference report 

19 on the Spending Control Act of 2004.’’. 

20 SEC. 5. PROJECTIONS UNDER SECTION 257. 

21 Section 257(c) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985 is amended by inserting after 

23 paragraph (6) the following new paragraph: 

24 ‘‘(7) EMERGENCIES.—New budgetary resources 

25 designated under section 251(b)(2)(A) or 251(b)(2)(I) 
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1 shall not be assumed beyond the fiscal year for which 

2 they have been enacted.’’. 

3 SEC. 6. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIR4 ING RECEIPTS LEGISLATION. 

5 Section 252(d)(4) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985 is amended by striking 

7 ‘‘and’’ at the end of subparagraph (A), by striking the pe8 riod and inserting ‘‘; and’’ at the end of subparagraph (B), 

9 and by adding at the end the following new subparagraph: 

10 ‘‘(C) extending provisions in the Economic 

11 Growth and Tax Relief Reconciliation Act of 

12 2001 or provisions in sections 101 through 104, 

13 section 202, or sections 301 and 302 of the Jobs 

14 and Growth Tax Relief Reconciliation Act of 

15 2003.’’. 

16 SEC. 7. REPORTS. 

17 Subsections (c)(2) and (f)(2)(A) of section 254 of the 

18 Balanced Budget and Emergency Deficit Control Act of 

19 1985 are amended by striking ‘‘2002’’ and inserting 

20 ‘‘2009’’. 

21 SEC. 8. EXPIRATION. 

22 Section 275(b) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 is amended by striking ‘‘2002’’ 

24 and inserting ‘‘2009’’ and by striking ‘‘2006’’ and inserting 

25 ‘‘2013’’. 
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1 SEC. 9. TECHNICAL CORRECTIONS TO THE BALANCED 

2 BUDGET AND EMERGENCY DEFICIT CONTROL 

3 ACT OF 1985. 

4 Part C of the Balanced Budget and Emergency Deficit 

5 Control Act of 1985 is amended as follows: 

6 (1) In section 250(a), strike ‘‘SEC. 256. GEN7 ERAL AND SPECIAL SEQUESTRATION 

8 RULES’’ and insert ‘‘Sec. 256. General and special 

9 sequestration rules’’ in the item relating to section 

10 256. 

11 (2) In subparagraphs (F), (G), (H), (I), (J), and 

12 (K) of section 250(c)(4), insert ‘‘subparagraph’’ after 

13 ‘‘described in’’ each place it appears. 

14 (3) In section 250(c)(18), insert ‘‘of’’ after ‘‘ex15 penses’’. 

16 (4) In section 251(b)(1)(A), strike ‘‘committees’’ 

17 the first place it appears and insert ‘‘Committees’’. 

18 (5) In section 251(b)(1)(C)(i), strike ‘‘fiscal 

19 years’’ and insert ‘‘fiscal year’’. 

20 (6) In section 251(b)(1)(D)(ii), strike ‘‘fiscal 

21 years’’ and insert ‘‘fiscal year’’. 

22 (7) In section 252(b)(2)(B), insert ‘‘the’’ before 

23 ‘‘budget year’’. 

24 (8) In section 252(c)(1)(C)(i), strike ‘‘paragraph 

25 (1)’’ and insert ‘‘subsection (b)’’. 
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1 (9) In section 254(c)(3)(A), strike ‘‘subsection’’ 

2 and insert ‘‘section’’. 

3 (10) In section 254(f)(4), strike ‘‘subsection’’ and 

4 insert ‘‘section’’ and strike ‘‘sequesterable’’ and insert 

5 ‘‘sequestrable’’. 

6 (11) In section 255(g)(1)(B), move the fourteenth 

7 undesignated clause 2 ems to the right. 

8 (12) In section 255(g)(2), insert ‘‘and’’ after the 

9 semicolon at the end of the next-to-last undesignated 

10 clause. 

11 (13) In section 255(h)—

12 (A) strike ‘‘and’’ after the semicolon in the 

13 ninth undesignated clause; 

14 (B) insert ‘‘and’’ after the semicolon at the 

15 end of the tenth undesignated clause; and 

16 (C) strike the semicolon at the end and in17 sert a period. 

18 (14) In section 256(k)(1), strike ‘‘paragraph (5)’’ 

19 and insert ‘‘paragraph (6)’’. 

20 (15) In section 257(b)(2)(A)(i), strike 

21 ‘‘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 

go through fiscal year 2009. the discretionary spending limits and pay-as-youEmergency Deficit Control Act of 1985 to extend 

MARCH 19, 2004

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,