text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Discretionary 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: $831,417,000,000 in new budget authority and 
                  $846,280,000,000 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 
  2007, 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. 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, 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, 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. 7. 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. 8. 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. 9. 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)''.
target: Discretionary Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to: (1) revise for FY 2004 discretionary spending limits (spending caps) for the highway and mass transit categories; (2) set forth for FY 2005 and 2006 new budget authority and outlays for the general purpose discretionary category, outlays for the highway category and new budget authority and outlays for the mass transit category; and (3) set forth for FY 2007 through 2009 outlays for the highway category and new budget authority and outlays for the mass transit category.
  
  Revises the requirement that the Office of Management and Budget (OMB) make adjustments to the highway category to conform to estimated levels of highway receipts.
  
  Sets forth the level of obligation limitations (sum of budget authority and obligation limitations) for the highway and mass transit categories for FY 2004 through 2009.
  
  Provides that, in any of FY 2005 through 2006, discretionary advance appropriations provided in appropriation Acts in excess of $23,558 billion shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.
  
  Provides, under specified conditions, for additional new budget authority in FY 2005 or 2005 for fire suppression and for an adjustment in the discretionary spending limit for FY 2005 for supplemental appropriations for the global war on terrorism.
  
  Requires the estimates set forth in the discretionary sequestration preview and final reports issued by OMB and the Congressional Budget Office (CBO) to include the current year and each subsequent year through FY 2006 (or FY 2009 solely to enforce the discretionary spending limits for the highway and mass transit categories).
  
  Extends certain budget enforcement requirements through FY 2006 (or 2009 for enforcing the spending caps for the highway and mass transit categories).
feat_title: To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits.