DISCRETIONARY SPENDING CATEGORIES.

SEC. 8101. DISCRETIONARY SPENDING CATEGORIES. (a) Establishment of Separate Categories.— Section 251(c)of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) FY1999.— In paragraph (3), strike “and” at the end of subparagraph (B) and after subparagraph (C) add the following new subparagraphs: “(D) for the highway category: $21,885,000,000 in outlays; and “(E) for the mass transit category: $4,401,000,000 in outlays;”. (2) FY2000.— In paragraph (4), strike “and” at the end of subparagraph (A) and at the end add the following new subparagraphs: “(C) for the highway category: $24,436,000,000 in outlays; and “(D) for the mass transit category: $4,761,000,000 in outlays;”. (3) FY2001.— In paragraph (5), strike the comma and insert“—” after “2001”, insert “(A)” before “for” and indent the new subparagraph and move it 2 ems to the right, strike “and”at the end of such subparagraph, and at the end add the following new subparagraphs:112 STAT. 489 “(B) for the highway category: $26,204,000,000 in outlays; and “(C) for the mass transit category: $5,190,000,000 in outlays;”. (4) FY2002.— In paragraph (6), strike the comma and insert“—” after “2002”, insert “(A)” before “for”, indent the new subparagraph and move it 2 ems to the right, and add at the end the following new subparagraphs: “(B) for the highway category: $26,977,000,000 in outlays; and “(C) for the mass transit category: $5,709,000,000 in outlays; and”. (5) FY2003.— After paragraph (6), add the following new paragraph: “(7) with respect to fiscal year 2003— “(A) for the highway category: $27,728,000,000 in outlays; and “(B) or the mass transit category: $6,256,000,000 in outlays.”. (b) Offsetting Adjustment in Discretionary Spending Limits.— (1) Adjustment of nondefense category for fy1999.— The discretionary spending limit set forth in section 251(c)(3)(B)of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $25,173,000,000 in outlays. (2) Adjustment of discretionary category for fy2000.— The discretionary spending limit set forth in section 251(c)(4)(A)of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $26,045,000,000 in outlays. (3) Adjustment of discretionary spending limit for fy2001.— The discretionary spending limit set forth in section 251(c)(5)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $26,329,000,000 in outlays. (4) Adjustment of discretionary spending limit for fy2002.— The discretionary spending limit set forth in section 251(c)(6)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted in conformance with section 251(b) of that Act, is reduced by $859,000,000 in new budget authority and $26,675,000,000 in outlays. (c) Definitions of Highway Category and Mass Transit Category.— Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting “(A)” after “(4)” and by adding at the end the following new subparagraphs: “(B) The term ‘highway category’ refers to the following budget accounts or portions thereof that are subject to the obligation limitations on contract authority set forth in the Transportation Equity Act for the 21st Century: “(i) 69–8083–41–7–401 (Federal-Aid Highways). “(ii) 69–8020–0–7–401 (Highway Traffic Safety Grants). 112 STAT. 490 “(iii) 69–8048–0–7–401 (National Motor Carrier Safety Program). “(iv) 69–8016–0–7–401 (Operations and Research NHTSA). “(C) The term ‘mass transit category’ refers to the following budget accounts or portions thereof that are subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century and for which appropriations are provided pursuant to authorizations contained in that Act (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by this section, shall not be included in this category): “(i) 69–8191–0–7–401 (Mass Transit Capital Fund), “(ii) 69–8350–0–7–401 (Trust Fund Share of Expenses), “(iii) 69–1129–0–1–401 (Formula Grants). “(iv) 69–1120–0–1–401 (Administrative Expenses). “(v) 69–1136–0–1–401 (University Transportation Centers). “(vi) 69–1137–0–1–401 (Transit Planning and Research). “(D) Special rule.— (i) Any outlays in excess of the discretionary spending limit set forth in section 251(c) for the highway or mass transit category, as adjusted, for the budget year shall be considered nondefense category outlays or discretionary category outlays. “(ii) If the obligation limitations for accounts in the highway or mass transit category provided in an appropriation Act for a fiscal year exceed the obligation limitations set forth in section 8103 of the Transportation Equity Act for the 21st Century for that year, as adjusted, the estimated outlays flowing for each outyear from such excess obligations calculated pursuant to clause (iii) shall be attributed to the discretionary category in that out year. “(iii) For purposes of clause (ii), outlays from excess obligations shall be determined using the average of the spendout rates for that category in the baseline.”. (d) Adjustment to Highway and Mass Transit Categories.— Section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by— (1) striking “When” and inserting: “(A) Concepts and definitions.—When”; and (2) adding at the end the following: “(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 include 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 budget year and subtract the estimated level of receipts for that year. 112 STAT. 491 “(cc) OMB shall take the sum of the amounts calculated under items (aa) and (bb), add that sum to the amount of obligations set forth in section 8103 of the Transportation Equity Act for the 21st Century for the highway category for the budget year, and calculate the outlay change resulting from that change in obligations relative to that amount for the budget year and each outyear using current estimates. After making the calculation under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year by adding the sum of the amounts calculated under items (aa) and (bb). “(II) The estimated level of highway receipts for the purposes of this clause are— “(aa) for fiscal year 1998, $22,164,000,000; “(bb) for fiscal year 1999, $32,619,000,000; “(cc) for fiscal year 2000, $28,066,000,000; “(dd) for fiscal year 2001, $28,506,000,000; “(ee) for fiscal year 2002, $28,972,000,000; and “(ff) for fiscal year 2003, $29,471,000,000. “(III) In this clause, the term ‘highway receipts’ means the governmental receipts credited to the highway account of the Highway Trust Fund. “(C) (i) 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 years 2000, 2001, 2002, or 2003, 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. “(ii) The adjustment made pursuant to clause (i) in the fiscal years 2002 and 2003 budget submissions of the President under section 1105(a) of title 31, United States Code, shall not exceed 4 percent plus cumulative carryovers. In this clause, the term ‘cumulative carryovers’ means the total of each amount by which outlays for the highway and mass transit category for any fiscal year are less than the outlay limit for that category, as adjusted, for that year less any amount of carryover used in the previous year. “(D) (i) When OMB and CBO submit their final sequester report for fiscal year 1999, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2000 through 2003 from obligations at the levels specified in section 8103 of the Transportation Equity Act for the 21st Century using current assumptions. “(ii) When the President submits the budget under section 1105 of title 31, United States Code, for fiscal years 2000, 2001, 2002, or 2003, OMB shall adjust the estimates made in clause (i) by the adjustments by subparagraphs (B) and (C). 112 STAT. 492 “(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.”. (e) Enforcement of Guarantee.— Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: “(9) It shall not be in order to consider any bill or joint resolution, or any amendment thereto or conference report thereon, that would cause obligation limitations to be below the level for any fiscal year set forth in section 8103 of the Transportation Equity Act for the 21st Century, as adjusted, for the highway category or the mass transit category, as applicable.”.