I
107TH CONGRESS
2D SESSION
H. R. 4767
To amend the Balanced Budget and Emergency Deficit Control Act of 1985
to extend the discretionary spending limits through fiscal year 2007.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. TOOMEY introduced the following bill; which was referred to the
Committee on the Budget
A BILL
To amend the Balanced Budget and Emergency Deficit Con-
trol Act of 1985 to extend the discretionary spending
limits through fiscal year 2007.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congressional Act to
Prioritize Spending’’.
SEC. 2. AMENDMENTS TO SECTIONS 251 AND 275.
(a) ADJUSTMENTS
TO DISCRETIONARY SPENDING
LIMITS.—In the matter that precedes subparagraph (A)
of section 251(b)(2) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, strike ‘‘through 2002’’.
(b) DISCRETIONARY
SPENDING
LIMIT.—Section
251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended as follows:
(1) Strike paragraphs (1) through (5) and re-
designate paragraph (6) (which relates to fiscal year
2002) as paragraph (1).
(2) Redesignate paragraph (7) (which relates to
fiscal year 2003) as paragraph (2) and in such re-
designated paragraph redesignate subparagraphs
(A), (B), and (C) as subparagraphs (B), (C), and
(D), respectively, and before subparagraph (B), in-
sert the following new subparagraph:
‘‘(A) 
for 
the 
discretionary 
category:
$746,174,000,000 in new budget authority of
which not less than $382,742,000,000 shall be
for the defense category and $738,992,000,000
in 
outlays 
of 
which 
not 
less 
than
$368,865,000,000 shall be for the defense cat-
egory;’’.
(3) Redesignate paragraph (8) as paragraph (3)
and in such redesignated paragraph strike ‘‘with re-
spect to fiscal year 2004’’, redesignate the remaining
matter as subparagraph (C), and before such redes-
ignated matter insert the following:
‘‘(3) with respect to fiscal year 2004—
‘‘(A) 
for 
the 
discretionary 
category:
$776,975,000,000 in new budget authority of
which not less than $400,502,000,000 shall be
for the defense category and $804,529,000,000
in 
outlays 
of 
which 
not 
less 
than
$387,092,000,000 shall be for the defense cat-
egory;
‘‘(B) 
for 
the 
highway 
category:
$29,972,000,000 in outlays; and’’.
(4) Redesignate paragraph (9) as paragraph (4)
and in such redesignated paragraph strike ‘‘with re-
spect to fiscal year 2005’’, redesignate the remaining
matter as subparagraph (B), and before such redes-
ignated matter insert the following:
‘‘(4) with respect to fiscal year 2005—
‘‘(A) 
for 
the 
discretionary 
category:
$804,455,000,000 in new budget authority of
which not less than $421,498,000,000 shall be
for the defense category and $829,209,000,000
in 
outlays 
of 
which 
not 
less 
than
$408,006,000,000 shall be for the defense cat-
egory;’’.
(5) Redesignate paragraph (10) as paragraph
(5) and in such redesignated paragraph strike ‘‘with
respect to fiscal year 2006’’, redesignate the remain-
ing matter as subparagraph (B), and before such re-
designated matter insert the following:
‘‘(5) with respect to fiscal year 2006—
‘‘(A) 
for 
the 
discretionary 
category:
$831,378,000,000 in new budget authority of
which not less than $442,515,000,000 shall be
for the defense category and $849,064,000,000
in 
outlays 
of 
which 
not 
less 
than
$423,377,000,000 shall be for the defense cat-
egory;’’.
(6) After paragraph (5), add the following new
paragraph:
‘‘(6) with respect to fiscal year 2007, for the
discretionary category: $864,998,000,000 in new
budget 
authority 
of 
which 
not 
less 
than
$464,415,000,000 shall be for the defense category
and $873,675,000,000 in outlays of which not less
than $437,217,000,000 shall be for the defense cat-
egory;’’.
(7) Redesignate paragraphs (11) through (16)
as paragraphs (7) through (12), respectively.
(c) ADJUSTMENTS
TO DISCRETIONARY SPENDING
LIMITS.—Section 251(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by
striking subparagraphs (C) through (F) and by redesig-
nating subparagraphs (G) and (H) as subparagraphs (C)
and (D), respectively, and by inserting after subparagraph
(D) (as redesignated) the following new subparagraphs:
‘‘(E) WAR ON TERRORISM.—(i) If a bill or
joint resolution is enacted providing new budget
authority for the Department of Defense to
prosecute the war on terrorism, the adjustment
shall be for fiscal year 2003, $10,000,000,000
in new budget authority and outlays flowing
therefrom.
‘‘(ii) An adjustment may not be made
under this subparagraph if the funds are des-
ignated as an emergency requirement.
‘‘(iii) As used in this subparagraph, the
term ‘budget authority for the Department of
defense to prosecute the war on terrorism’
means budget authority specifically designated
for that purpose in the bill or joint resolution
providing the budget authority or specifically
designated for that purpose in a bill or joint
resolution authorizing funding for the Depart-
ment of Defense.
‘‘(F) SPECIAL EDUCATION.—(i) If a bill or
joint resolution is enacted that provides in ex-
cess of $7,529,000,000 in new budget authority
for fiscal year 2003 for grants to States author-
ized under part B of the Individuals with Dis-
abilities Education Act (IDEA), the adjustment
shall be for fiscal year 2003, $1,000,000,000 in
new budget authority and outlays flowing there-
from.
‘‘(ii) If a bill or joint resolution is enacted
that provides at least $9,587,000,000 in new
budget authority for fiscal year 2004 for grants
to States authorized under part B of the Indi-
viduals with Disabilities Education Act (IDEA),
the adjustment shall be for fiscal year 2004,
$1,752,000,000 in new budget authority and
outlays flowing therefrom.
‘‘(iii) If a bill or joint resolution is enacted
that provides at least $10,755,000,000 in new
budget authority for fiscal year 2005 for grants
to States authorized under part B of the Indi-
viduals with Disabilities Education Act (IDEA),
the adjustment shall be for fiscal year 2005,
$2,763,000,000 in new budget authority and
outlays flowing therefrom.
‘‘(iv) If a bill or joint resolution is enacted
that provides at least $12,047,000,000 in new
budget authority for fiscal year 2006 for grants