BEA 1997 (Contents)
Budget Enforcement Act of 1997
Section 10109
Title X—Budget Enforcement and Process Provisions
Subtitle A—Amendments to the Congressional Budget and Impoundment Control Act of 1974
SEC. 10109. AMENDMENT TO SECTION 305.
(a) Budget Act.—Section 305(a)(1) of the Congressional Budget Act of 1974 is amended to read as follows:
‘‘(1) When a concurrent resolution on the budget has been reported by the Committee on the Budget of the House of Representatives and has been referred to the appropriate calendar of the House, it shall be in order on any day thereafter, subject to clause 2(l)(6) of rule XI of the Rules of the House of Representatives, to move to proceed to the consideration of the con- current resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.’’.
(b) Conforming Amendment in the House.—The first sentence of clause 2(l)(6) of rule XI of the Rules of the House of Representatives is amended by striking ‘‘, or as provided by section 305(a)(1)’’ and all that follows thereafter through ‘‘under that section)’’.
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COUNSEL NOTES
Codification
This section was not classified to the U.S. Code.
EXPLANATORY STATEMENT OF MANAGERS
(H. CONF. REPT. 105-217)
The joint explanatory statement of managers for the conference committee on H.R. 2014 summarized this section as follows:
10. Amendments to section 305 of the Congressional Budget Act
HOUSE BILL (SECTION 11108)
Clarifies that the five day layover requirement for budget resolutions includes Saturdays, Sundays and holidays when the House is in session. This is a conforming change to clause 2(1)(5) of House Rule XI, which was amended in the 104th Congress to count Saturdays, Sundays and holidays when the House is in session towards the layover requirement for bills and resolutions.
SENATE AMENDMENT (SECTION 1607)
The Senate amendment includes the same provision.
CONFERENCE AGREEMENT (SECTION 10109)
The Conference agreement reflects the House bill with a modification providing that the resolution can be considered the third calendar day (except Saturdays, Sundays and legal holidays when the House is not in session) after the report has been made available to Members.
U.S. Congress, Joint Explanatory Statement on the Committee of Conference on the Balanced Budget Act of 1997; (Conference Report), Committee on the Budget, House of Representatives, 105th Congress, 1st Session, Washington D.C. 1997, p. 990.
Congressional Research service report
CRS issued a report on the Budget Enforcement Act of 1997 (Pub. L. 105-33), including this description of this section:
Section 10109. Amendment to Section 305. Section 305(a)(1) of the CBA provides for the offering of a highly privileged, non-debatable, and non-amendable motion to consider a budget resolution five days after it has been reported by the Budget Committee, excluding Saturdays, Sundays, and legal holidays. Clause 2(l)(6) of House Rule XI, as amended in the 104th Congress, requires that reported bills and resolutions lay over for five days before they may be considered on the floor, but includes Saturdays, Sundays, and legal holidays in the count when the House is in session. Section 10109 of the act amends Section 305(a)(1) and House Rule XI to count Saturdays, Sundays, and legals holidays (if the House is in session) toward the five-day layover requirement for budget resolutions.
CRS – Budget Enforcement Act of 1997: Summary and Legislative History by Robert Keith (97-931 GOV) October 8, 1997, p. 12.
LEGISLATIVE HISTORY NOTES
Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 677; (Budget Enforcement Act of 1997).
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Budget Counsel 