SEC. 10113. Amendment to section 312.
(a) In General.—Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section:
“Sec. 314. (a) Adjustments.—
“(1) In general.—After the reporting of a bill or joint resolution, the offering of an amendment thereto, or the submission of a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate shall make the adjustments set forth in paragraph (2) for the amount of new budget authority in that measure (if that measure meets the requirements set forth in subsection (b)) and the outlays flowing from that budget authority.
“(2) Matters to be adjusted.—The adjustments referred to in paragraph (1) are to be made to—
“(A) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget;
“(B) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a); and
“(C) the budgetary aggregates as set forth in the appropriate concurrent resolution on the budget.
“(b) Amounts of Adjustments.—The adjustment referred to in subsection (a) shall be—
“(1) an amount provided and designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985;
“(2) an amount provided for continuing disability reviews subject to the limitations in section 251(b)(2)(C) of that Act;
“(3) for any fiscal year through 2002, an amount provided that is the dollar equivalent of the Special Drawing Rights with respect to—
“(A) an increase in the United States quota as part of the International Monetary Fund Eleventh General Review of Quotas (United States Quota); or
“(B) any increase in the maximum amount available to the Secretary of the Treasury pursuant to section 17 of the Bretton Woods Agreements Act, as amended from time to time (New Arrangements to Borrow);
“(4) an amount provided not to exceed $1,884,000,000 for the period of fiscal years 1998 through 2000 for arrearages for international organizations, international peacekeeping, and multilateral development banks; or
“(5) an amount provided for an earned income tax credit compliance initiative but not to exceed—
“(A) with respect to fiscal year 1998, $138,000,000 in new budget authority;
“(B) with respect to fiscal year 1999, $143,000,000 in new budget authority;
“(C) with respect to fiscal year 2000, $144,000,000 in new budget authority;
“(D) with respect to fiscal year 2001, $145,000,000 in new budget authority; and
“(E) with respect to fiscal year 2002, $146,000,000 in new budget authority.
“(c) Application of Adjustments.—The adjustments made pursuant to subsection (a) for legislation shall—
“(1) apply while that legislation is under consideration;
“(2) take effect upon the enactment of that legislation; and
“(3) be published in the Congressional Record as soon as practicable.
“(d) Reporting Revised Suballocations.—Following any adjustment made under subsection (a), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations under section 302(b) to carry out this section.
“(e) Definitions for CDRs.—As used in subsection (b)(2)—
“(1) the term ‘continuing disability reviews’ shall have the same meaning as provided in section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985; and
“(2) the term ‘new budget authority’ shall have the same meaning as the term ‘additional new budget authority’ and the term ‘outlays’ shall have the same meaning as ‘additional outlays’ in that section.”.
(b) Table of Contents.—The table of contents set forth in section 1(b) of the Congressional Budget and ImpoundmentControl Act of 1974 is amended by adding after the item relating to section 313 the following new item:
“Sec. 314. Adjustments.”.
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:
14. Amendments to section 312 of the Congressional Budget Act
HOUSE BILL (SECTION 11113)
The House bill makes stylistic changes to the heading and consolidates existing provisions regarding points of order and adds some new provisions.
Subsection (a) provides generic authority clarifying that the Committees on the Budget are responsible for providing estimates (or ‘‘scoring’’ information) to the House and Senate for the purposes of evaluating the applicability of Budget Act points of order. Redundant language is repealed throughout the Act and replaced with this one statement that applies to all points of order under titles III and IV.
Subsection (b) moves the existing section 601(b) point of order in the Senate for the enforcement of discretionary spending limits to subsection 312(b).
Subsection (c) moves the existing section 605(b) point of order in the Senate for the enforcement of the maximum deficit amount to subsection 312(c). This point of order will not be enforced because the House bill does not provide ‘‘maximum deficit amounts’’ in GRH. The House bill retains both the point of order and the sequester procedures (section 253 of GRH) in the event the Congress wants to return to deficit limits.
Subsection (d) adds new language which places into law the current practice in the Senate with respect to the timing of points of order.
Subsection (e) retains current law (first paragraph of section 312) with respect to amendments between the Houses.
Subsection (f) retains current law (section 312(b)) with respect to the effect of a point of order against a bill in the Senate. It repeals the now redundant (by virtue of new 312(a)) language from current law.
SENATE AMENDMENT (SECTION 1610)
The Senate amendment is identical to the House Bill.
CONFERENCE AGREEMENT (SECTION 10113)
The Conference agreement reflects the House bill with technical changes.
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, pp. 992-993.
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 10113. Amendment to Section 312. Section 312 of the CBA pertains to the effects of certain points of order in the Senate. The section states that each point of order in the Senate against an amendment also lies against an amendment between the two Houses. Further, the section provides that when a point of order under the CBA is sustained against a bill, it shall be sent back to the committee of jurisdiction.
Section 10113 of the act amends Section 312 for several different purposes. First, a general statement is made in Section 312(a) that the Budget Committees shall determine spending and revenue levels for purposes of enforcing Titles III and IV of the act. (Similar statements made in other sections of Titles III and IV are deleted by the bill and replaced by this single statement.)
Points of order formerly in Sections 601(b) and 605(b) of the CBA, involving the enforcement of discretionary spending limits and maximum deficit amounts in the Senate, are retained as new Section 312(b) and (c).17 New Section 312(d) states that a point of order under the act may not be raised while an amendment or motion that would remedy the violation is pending before the Senate; this change effectively incorporates the current Senate practice.
The two original provisions in Section 312, dealing with the effects of certain points of order in the Senate, are retained as Section 312(e) and (f).
17 ”Maximum deficit amounts” were added to the CBA of 1974 by the BBA of 1985 and expired at the end of FY1995. The bill deletes the old maximum deficit amounts from the CBA (by virtue of repealing Title VI) and does not provide new ones. Nonetheless, the point-of-order mechanism is retained (in a form that would apply automatically if maximum deficit amounts were incorporated into the BBA of 1985 in the future).
CRS – Budget Enforcement Act of 1997: Summary and Legislative History by Robert Keith (97-931 GOV) October 8, 1997, p. 13
LEGISLATIVE HISTORY NOTES
Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 687; (Budget Enforcement Act of 1997).