SEC. 10202. General statement and definitions.
(a) General Statement.—Section 250(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the first 2 sentences and inserting the following: “This part provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session).”.
(b) Definitions.—Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended—
(1) in paragraph (1)—
(A) by striking “(but including” through “amount’ ”; and
(B) by striking “section 601 of that Act as adjusted under sections 251 and 253” and inserting “section 251”;
(2) by striking paragraph (4) and inserting the following:
“(4) The term ‘category’ means the subsets of discretionary appropriations in section 251(c). Discretionary appropriations in each of the categories shall be those designated in the joint explanatory statement accompanying the conference report on the Balanced Budget Act of 1997. New accounts or activities shall be categorized only after consultation with the committees on Appropriations and the Budget of the House of Representatives and the Senate and that consultation shall, to the extent practicable, include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to new accounts or activities.”;
(3) by striking paragraph (6) and inserting the following:
“(6) The term ‘budgetary resources’ means new budget authority, unobligated balances, direct spending authority, and obligation limitations.”;
(4) in paragraph (9), by striking “submission of the fiscal year 1992 budget that are not included with a budget submission” and inserting “that budget submission that are not included with it”;
(5) in paragraph (14), by inserting “first 4” before “fiscal years” and by striking “through fiscal year 1995”;
(6) by striking paragraphs (17) and (20) and by redesignating paragraphs (18), (19), and (21) as paragraphs (17), (18), and (19), respectively;
(7) in paragraph (17) (as redesignated), by striking “Omnibus Budget Reconciliation Act of 1990” and inserting “Balanced Budget Act of 1997”;
(8) in paragraph (18) (as redesignated), by striking all after “expenses” and inserting “the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates.”; and
(9) by striking paragraph (19) (as redesignated) and inserting the following:
“(19) The term ‘asset sale’ means the sale to the public of any asset (except for those assets covered by title V of the Congressional Budget Act of 1974), whether physical or financial, owned in whole or in part by the United States.”.
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:
25. Amendments to section 250 of [the Balanced Budget and Emergency Deficit Control Act of 1985]
HOUSE BILL (SECTION 11202)
Amends section 250(b) of [the Balanced Budget and Emergency Deficit Control Act of 1985] to state that it provides for the enforcement of a balanced budget by 2002 as called for in H. Con. Res. 84.
This section also defines the terms ‘category’, ‘budgetary resources’ and ‘consultation’. ‘Consultation’ means that the Budget Committee is consulted by CBO in manner timely enough to afford the committee an opportunity to comment on the matter; ‘category’ means defense, non-defense, and violent crime reduction discretionary spending, and the definition of budgetary resources is amended to drop an obsolete reference to credit authority. The terms ‘current’ and ‘outyear’ are also modified and extended.
SENATE AMENDMENT (SECTION 1652)
The Senate amendment is substantially similar to the House bill though it does not provide a definition of ‘consultation’.
CONFERENCE AGREEMENT (SECTION 10202)
The Conference agreement reflects the Senate amendment with modifications. The conference agreement also updates the definition of ‘budget authority’ and other terms in section 250(c)(1).
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. 1001.
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 10202. General Statement and Definitions. Section 250(b) of the BBA of 1985 states that the act provides for the enforcement of deficit reduction assumed in the FY1991 budget resolution (H. Con. Res. 310, 101st Congress, 2nd session) through sequestration under discretionary spending limits, a pay-as-you-go requirement, and deficit targets. Section 250(c) of the act sets forth the definitions of various terms used in the sequestration process.
Section 10202(a) of the act amends Section 250(b) of the BBA to update the general statement as follows: “This part provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session).” The measure cited is the FY1998 budget resolution.
Section 10202(b) of the act amends Section 250(c) of the BBA by adding, deleting, and modifying various definitions. Among other things, the section deletes two obsolete provisions, including a definition of “composite outlay rate;” modifies “category” to mean defense, nondefense, and violent crime reduction for certain years and total discretionary for others; and modifies “outyear” to mean any of the four fiscal years following the budget year.
CRS – Budget Enforcement Act of 1997: Summary and Legislative History by Robert Keith (97-931 GOV) October 8, 1997, p. 16.
LEGISLATIVE HISTORY NOTES
Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 697; (Budget Enforcement Act of 1997).