BEA 1997 (Contents)

Budget Enforcement Act of 1997

Section 10119

Title XBudget Enforcement and Process Provisions

Subtitle A—Amendments to the Congressional Budget and Impoundment Control Act of 1974

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SEC. 10119. Amendments to section 904.

(a) Conforming Amendments.—Section 904(a) of the Congressional Budget Act of 1974 is amended by striking “(except section 905)” and by striking “V, and VI (except section 601(a))” and inserting “and V”.

(b) Waivers.—Section 904(c) of the Congressional Budget Act of 1974 is amended to read as follows:

“(c) Waivers.—

“(1) Permanent.—Sections 305(b)(2), 305(c)(4), 306, 310(d)(2), 313, 904(c), and 904(d) of this Act may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

“(2) Temporary.—Sections 301(i), 302(c), 302(f), 310(g), 311(a), 312(b), and 312(c) of this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1), 258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.”.

(c) Appeals.—Section 904(d) of the Congressional Budget Act of 1974 is amended to read as follows:

“(d) Appeals.—

“(1) Procedure.—Appeals in the Senate from the decisions of the Chair relating to any provision of title III or IV or section 1017 shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be.

“(2) Permanent.—An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 305(b)(2), 305(c)(4), 306, 310(d)(2), 313, 904(c), and 904(d) of this Act.

“(3) Temporary.—An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 301(i), 302(c), 302(f), 310(g), 311(a), 312(b), and 312(c) of this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1), 258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985.”.

(d) Expiration of Supermajority Voting Requirements.—Section 904 of the Congressional Budget Act of 1974 is amended by adding at the end the following:

(e) Expiration of Certain Supermajority Voting Requirements.—Subsections (c)(2) and (d)(3) shall expire on September 30, 2002.”.

[Section 10119 (PDF)]

 

 

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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:

20. Amendments to section 904 of the Congressional Budget Act

HOUSE BILL (SECTION 11117)

The House bill contains technical corrections regarding waivers and appeals. It redrafts the section so as to make it possible to differentiate between those points of order which are subject to supermajority discipline and those that are not. It adds a new subsection “(e)”to indicate which waiver and appeal provisions expire at the end of 2002. This has previously been applicable in the Senate by virtue of a provision of the 1996 Budget Resolution. This amendment thus codifies the current Senate rules regarding the sunset date for these points of order. Generally for those points of order which relate to budget levels, the supermajority requirements sunset in 2002. With respect to the other points of order which relate to the substantive effect of language (germaneness, the Byrd Rule, Budget Committee jurisdiction etc.), the supermajority requirements are permanent.

SENATE AMENDMENT (SECTION 1614)

The language in the Senate Amendment is identical to the House Bill.

CONFERENCE AGREEMENT (SECTION 10119)

The Conference agreement reflects the House bill with technical modifications.

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. 998.

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 10119. Amendments to Section 904. Section 904 of the act in part requires the affirmative vote of three-fifths of the Senate (60 Senators if no seats are vacant) to waive specified points of order in the act or to sustain an appeal of the chair’s ruling on those points of order. In seven instances, the requirement is permanent.18 In the remaining instances, which generally involve the enforcement of various types of budgetary levels, the requirement is temporary. Section 10119 of the bill reorganizes Section 904 to more easily distinguish between the provisions subject to the requirement temporarily and permanently. Also, a new subsection 904(e) extends the effectiveness of the temporary requirements through the end of FY2002 (i.e., until September 30, 2002). In the past few years, the temporary requirements had been extended by a provision included in the budget resolution.

18These seven cases involve a germaneness requirement for amendments to budget resolutions and amendments in disagreement on the conference report; protection of the Budget Committee’s jurisdiction; a deficit neutrality requirement for amendments to reconciliation measures; the “Byrd Rule” against extraneous matter in reconciliation measures; and the three-fifths voting requirements on waivers and appeals.

CRS – Budget Enforcement Act of 1997: Summary and Legislative History by Robert Keith (97-931 GOV) October 8, 1997, p. 15.


LEGISLATIVE HISTORY NOTES

Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 695; (Budget Enforcement Act of 1997).

 

 

 

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[BCR § 278]