I 

108TH CONGRESS 

2D SESSION H. R. 4648

To amend part C of the Balanced Budget and Emergency Deficit Control 

Act of 1985 to establish a pay-as-you-go requirement for mandatory spending. 

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 establish a pay-as-yougo requirement for mandatory spending.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mandatory Spending 

5 Control Act of 2004’’. 

6 SEC. 2. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. 

7 (a) PURPOSE.—Section 252(a) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985 is 

9 amended to 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 

3 1, 2009, that causes a net increase in direct spending will 

4 trigger an offsetting sequestration.’’. 

5 (b) TIMING.—Section 252(b)(1) of the Balanced 

6 Budget and Emergency Deficit Control Act of 1985 is 

7 amended by striking ‘‘any net deficit increase’’ and all 

8 that follows through ‘‘2002,’’ and by inserting ‘‘any net 

9 increase in direct spending enacted before October 1, 

10 2009,’’. 

11 (c) CALCULATION OF DIRECT SPENDING IN12 CREASE.—Section 252(b)(2) of the Balanced Budget and 

13 Emergency Deficit Control Act of 1985 is amended—

14 (1) by striking ‘‘deficit’’ the first place it ap15 pears and inserting ‘‘direct spending’’; 

16 (2) in subparagraph (A) by striking ‘‘and re17 ceipts’’; 

18 (3) in subparagraph (C) by striking ‘‘and re19 ceipts’’; and 

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

21 ‘‘CALCULATION OF DIRECT SPENDING

22 INCREASE.—’’. 

23 (d) CONFORMING AMENDMENTS.—(1) The heading 

24 of section 252(c) of the Balanced Budget and Emergency 
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1 Deficit Control Act of 1985 is amended to read as follows: 

2 ‘‘ELIMINATING A DIRECT SPENDING INCREASE.—’’. 

3 (2) Paragraphs (1), (2), and (4) of section 252(d) 

4 of the Balanced Budget and Emergency Deficit Control 

5 Act of 1985 are amended by striking ‘‘or receipts’’ each 

6 place it appears. 

7 (3) Section 252(e) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985 is amended by 

9 striking ‘‘or receipts’’ and by striking ‘‘, outlays, and re10 ceipts’’ and inserting ‘‘and outlays’’. 

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

12 Emergency Deficit Control Act of 1985 is amended—

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

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

15 or decrease in direct spending’’; 

16 (B) in subparagraph (B) by striking ‘‘amount 

17 of deficit increase or decrease’’ and by inserting ‘‘in18 crease or decrease in direct spending’’; and 

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

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

21 spending’’. 

22 SEC. 3. DEFINITION. 

23 Section 250(c) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985 is amended by adding 

25 at the end the following new paragraphs: 
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1 ‘‘(20)(A) Except as provided by subparagraph 

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

3 provision that provides new budget authority and re4 sulting outlays for a situation that poses a threat to 

5 life, property, or national security and is—

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

7 not building up over time; 

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

9 need requiring immediate action; 

10 ‘‘(iii) subject to subparagraph (B), unfore11 seen, unpredictable, and unanticipated; and 

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

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

14 level of anticipated emergencies, particularly when 

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

16 SEC. 4. EXCEPTION FOR OUTLAY COMPONENTS OF EXPIR17 ING RECEIPTS LEGISLATION. 

18 Section 252(d)(4) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985 is amended by striking 

20 ‘‘and’’ at the end of subparagraph (A), by striking the 

21 period and inserting ‘‘; and’’ at the end of subparagraph 

22 (B), and by adding at the end the following new subpara23 graph: 

24 ‘‘(C) extending provisions in the Economic 

25 Growth and Tax Relief Reconciliation Act of 
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1 2001 or provisions in sections 101 through 104, 

2 section 202, or sections 301 and 302 of the 

3 Jobs and Growth Tax Relief Reconciliation Act 

4 of 2003.’’. 

5 SEC. 5. EXPIRATION. 

6 Section 275(b) of the Balanced Budget and Emer7 gency Deficit Control Act of 1985 is amended by striking 

8 ‘‘2006’’ and inserting ‘‘2013’’.

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