OBRA 1993 (Contents)

Budget Enforcement Act of 1990

Section 14002

Title XIVBudget Process Provisions

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SEC. 14002. DISCRETIONARY SPENDING LIMITS.

(a) Definition of “Discretionary Spending Limit’’.—Section 601(a)(2) of the Congressional Budget Act of 1974 is amended—

(1) in subparagraph (d) by striking the word ‘‘and’’; and

(2) by inserting after subparagraph (e) the following: ‘‘and

‘‘(F) with respect to fiscal years 1996, 1997, and 1998, for the discretionary category, the amounts set forth for those years in section 12(b)(1) of House Concurrent Resolution 64 (One Hundred Third Congress);’’.

(b) Point of Order in the Senate.—Section 601(b)(1) of the Congressional Budget Act of 1974 is amended to read as follows:

“(1) except as otherwise provided in this subsection , it shall not be in order in the senate to consider any concurrent resolution on the budget for fiscal year 1995, 1996, 1997, or 1998 (or amendment, motion, or conference report on such a resolution) that would exceed any of the discretionary spending limits in this section.”.

(c) Conforming Amendments.—(1) section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended—

(A) in subsection (a) by striking ‘‘fiscal years 1991–1995 enforcement.—’’ and inserting ‘‘fiscal years 1991–1998 enforcement.—’’;

(B) in subsection (b)(1)—

(i) in the matter before subparagraph (a), by—

(I) striking ‘‘when the president submits the budget under section 1105(a) of title 31, united states code, for budget year 1992, 1993, 1994, or 1995’’ and inserting ‘‘when the president submits the budget under section 1105(a) of title 31, United States Code, for budget year 1992, 1993, 1994, 1995, 1996, 1997, or 1998’’; and

(II) striking ‘‘the budget shall include, adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear through 1995’’ and inserting ‘‘the budget shall include, adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear through 1998’’;

(ii) in paragraph (1)(b), by inserting at the end thereof the following new clause

‘‘(iii) for a budget submitted for budget year 1996, 1997, or 1998, the adjustments shall be those necessary to reflect changes in inflation estimates since those of march 31, 1993, set forth on page 46 of House Conference Report 103–48.’’;

(iii) in the matter before subparagraph (a) in paragraph (2) by—

(I) striking ‘‘when OMB submits a sequestration report under section 254 (g) or (h) for fiscal year 1991, 1992, 1993, 1994, or 1995’’ and inserting ‘‘when OMB submits a sequestration report under section 254 (g) or (h) for fiscal year 1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998’’; and

(II) striking ‘‘for the fiscal year and each succeeding year through 1995,’’ and inserting ‘‘for the fiscal year and each succeeding year through 1998,’’;

(iv)in paragraph (2)(d)(i), by striking ‘‘for fiscal year 1991, 1992, 1993, 1994, or 1995,’’ and inserting ‘‘for any fiscal year,’’;

(v) in paragraph (2)(e), by—

(I) striking the final word ‘‘and’’ in subparagraph (ii); and

(II)inserting before the fin a l period the following:

‘‘; and

‘‘(iv) if, for fiscal years 1994, 1995, 1996, 1997, and 1998, the amount of new budget authority provided in appropriation act s exceeds the discretionary spending limit on new budget authority due to technical estimates made by the director of the office of management and budget, the adjustment is the amount of the excess, but not to exceed an amount (for any one fiscal year) equal to 0.1 percent of the adjusted discretionary spending limit on new budget authority for that fiscal year ’’; and

(vi) in paragraph (2)(f), by inserting immediately before the final period the following: ‘‘, and not to exceed 0.5 percent of the adjusted discretionary spending limit on outlays for the fiscal year in fiscal year 1996, 1997, or 1998’’.

(2) Reports.—Sections 254(d)(2) and 254(g)(2)(A) of the Balanced Budget and Emergency Deficit Control Actt of 1985 are each amended by striking “1995” and inserting “1998”.

(3) Expiration.—(A) Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, sections 250, 251, 252, and 254 through 258C of that Act shall expire on September 30, 1998.

(B) Section 607 of the Congressional Budget Act of 1974 is amended by striking “shall apply to fiscal years 1991 to 1995” and inserting “shall apply to fiscal years 1991 to 1998”.


COUNSEL NOTES
Codification

This section is not classified to the U.S. Code. 

Sec. 14002. Discretionary Spending Limits

 Current Law

The Budget Enforcement Act of 1990 established discretionary spending limits for fiscal years 1991 through 1995 in section 601(a)(2) of the Congressional Budget Act of 1974. The limits on discretionary budget authority and discretionary outlays are used for spending control under section 251 of the [Balanced Budget and Emergency Deficit Control Act of 1985] and are enforceable by the sequestration process. The Budget Enforcement Act of 1990 divides total discretionary spending into three categories—defense, international, and domestic—for fiscal years 1991 through 1993. For fiscal years 1994 and 1995, the limits apply to total discretionary budget authority and total discretionary outlays.

Additionally, section 601(b) of the Congressional Budget Act of 1974 creates a point of order in the Senate against the consideration of any budget resolution or appropriations bill that violates the discretionary spending limits.

Section 251 of the [Balanced Budget and Emergency Deficit Control Act of 1985] sets forth a detailed procedure for the periodic, automatic adjustment of the discretionary spending limits. Adjustments are made for various factors, including (among others) changes in accounting concepts and inflation, quota increases for the International Monetary Fund, funding increases for the compliance initiative of the Internal Revenue Service, and emergency spending if so designated by the President and Congress.

Section 251 also provides: (1) that a within-session sequester may occur prior to July 1 during a fiscal year, but after that date the amount of the breach is dealt with in the subsequent fiscal year; and (2) that sequestration reductions must be applied uniformly (at the account and, if appropriate, activity level).

House Bill

[Text omitted.]

Senate Amendment

Section 12(a) of the concurrent resolution on the budget adopted in April of 1993 provides that “[t]he Senate declares that it is essential to . . . extend the system of discretionary spending limits set forth in section 601 of the Congressional Budget Act of 1974.” H. Con. Res. 64, 103d Cong., 1st Sess. 12(a)(2), 139 Cong. Rec. H1747, H1753 (daily ed. Mar. 31, 1993) (adopted). Section 12(b) set forth those limits for fiscal years 1996 through 1998 and created a point of order in the Senate to enforce them. See id. Sec. 12(b).

In furtherance of the budget resolution, section 14002 of the Senate amendment continues the use of adjustable discretionary spending limits through fiscal year 1998. Unlike the House bill, the Senate amendment retains the current limits for fiscal years 1994 and 1995 without charge and establishes new limits for fiscal years 1996 through 1998. (See table below.) Section 14002 provides that the discretionary spending limits for fiscal years 1996 through 1998 are those set forth in section 12(b)(1) of the budget resolution, which the House also used. As is the case for fiscal years 1994 and 1995 under current law, the Senate amendment establishes separate limits each year for total discretionary budget authority and total discretionary outlays.

The Senate amendment retains, with minor technical and conforming changes, the current law’s procedures for periodically adjusting the discretionary spending limits.

Conference Agreement

The conference agreement contains the Senate language.

Joint Explanatory Statement on the Committee of Conference on the Omnibus Budget Reconciliation Act of 1993; (Committee on the Budget), Committee on the Budget, House of Representatives, 103d Congress, 1st Session, Washington D.C. 1993.


LEGISLATIVE HISTORY NOTES

Pub. L. 103–66, title XIV, 107 Stat. 683; August 10, 1993 (Omnibus Budget Reconciliation Act of 1993).

Pub. L. 103-66 Omnibus Budget Reconciliation Act of 1993 (H. Rept. 103-213) (Conference Report)

 

 

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