BEA 1997 (Contents)

Budget Enforcement Act of 1997

Section 10207

Title X—Budget Enforcement and Process Provisions

Subtitle B—Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985

SEC. 10207. Exempt programs and activities.

(a) Veterans Programs.—Section 255(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:

(1) In the item relating to Veterans Insurance and Indemnity, strike “Indemnity” and insert “Indemnities”.

(2) In the item relating to Veterans’ Canteen Service Revolving Fund, strike “Veterans’ “.

(3) In the item relating to Benefits under chapter 21 of title 38, strike “(36-0137-0-1-702)” and insert “(36-0120-0- 1- 701)”.

(4) In the item relating to Veterans’ compensation, strike “Veterans’ compensation” and insert “Compensation”.

(5) In the item relating to Veterans’ pensions, strike “Veterans’ pensions” and insert “Pensions”.

(6) After the last item, insert the following new items:

“Benefits under chapter 35 of title 38, United States Code, related to educational assistance for survivors and dependents of certain veterans with service-connected disabilities (36- 0137-0-1-702);

“Assistance and services under chapter 31 of title 38, United States Code, relating to training and rehabilitation for certain veterans with service-connected disabilities (36- 0137-0- 1-702);

“Benefits under subchapters I, II, and III of chapter 37 of title 38, United States Code, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans Guaranty and Indemnity Program Account (36- 1119-0-1-704);

“Loan Guaranty Program Account (36-1025-0-1-704); and

“Direct Loan Program Account (36-1024-0-1-704).”.

(b) Certain Program Bases.—Section 255(f) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

“(f) Optional Exemption of Military Personnel.—

“(1) In general.—The President may, with respect to any military personnel account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply.

“(2) Limitation.—The President may not use the authority provided by paragraph (1) unless the President notifies the Congress of the manner in which such authority will be exercised on or before the date specified in section 254(a) for the budget year.”.

(c) Other Programs and Activities.—(1) Section 255(g)(1)(A) of the Balanced Budget Emergency Deficit Control Act of 1985 is amended as follows:

(A) After the first item, insert the following new item: “Activities financed by voluntary payments to the Government for goods or services to be provided for such payments;”.

(B) Strike “Thrift Savings Fund (26-8141-0-7-602);”.

(C) In the first item relating to the Bureau of Indian Affairs, insert “Indian land and water claims settlements and” after the comma.

(D) In the second item relating to the Bureau of Indian Affairs, strike “miscellaneous” and insert “Miscellaneous” and strike “, tribal trust funds”.

(E) Strike “Claims, defense (97-0102-0-1-051);”.

(F) In the item relating to Claims, judgments, and relief acts, strike “806” and insert “808”.

(G) Strike “Coinage profit fund (20-5811-0-2-803);”.

(H) Insert “Compact of Free Association (14-0415-0-1- 808);” after the item relating to the Claims, judgments, and relief acts.

(I) Insert “Conservation Reserve Program (12-2319-0-1- 302);” after the item relating to the Compensation of the President.

(J) In the item relating to the Customs Service, strike “852” and insert “806”.

(K) In the item relating to the Comptroller of the Currency, insert “, Assessment funds (20-8413-0-8-373)” before the semicolon.

(L) Strike “Director of the Office of Thrift Supervision;”.

(M) Strike “Eastern Indian land claims settlement fund (14- 2202-0-1-806);”.

(N) After the item relating to the Exchange stabilization fund, insert the following new items:

“Farm Credit Administration, Limitation on Administrative Expenses (78-4131-0-3-351);

“Farm Credit System Financial Assistance Corporation, interest payment (20-1850-0-1-908);”.

(O) Strike “Federal Deposit Insurance Corporation;”.

(P) In the first item relating to the Federal Deposit Insurance Corporation, insert “(51-4064-0-3-373)” before the semicolon.

(Q) In the second item relating to the Federal Deposit Insurance Corporation, insert “(51-4065-0-3-373)” before the semicolon.

(R) In the third item relating to the Federal Deposit Insurance Corporation, insert “(51-4066-0-3-373)” before the semicolon.

(S) In the item relating to the Federal Housing Finance Board, insert “(95-4039-0-3-371)” before the semicolon.

(T) In the item relating to the Federal payment to the railroad retirement account, strike “account” and insert “accounts”.

(U) In the item relating to the health professions graduate student loan insurance fund, insert “program account” after “fund” and strike “(Health Education Assistance Loan Program) (75-4305-0-3-553)” and insert “(75-0340-0-1-552)”.

(V) In the item relating to Higher education facilities, strike “and insurance”.

In the item relating to Internal revenue collections for Puerto Rico, strike “852” and insert “806”.

(X) Amend the item relating to the Panama Canal Commission to read as follows:

“Panama Canal Commission, Panama Canal Revolving Fund (95-4061-0-3-403);”.

(Y) In the item relating to the Medical facilities guarantee and loan fund, strike “(75-4430-0-3-551)” and insert “(75- 9931-0-3-550)”.

(Z) In the first item relating to the National Credit Union Administration, insert “operating fund (25-4056-0-3- 373)” before the semicolon.

(AA) In the second item relating to the National Credit Union Administration, strike “central” and insert “Central” and insert “(25-4470-0-3-373)” before the semicolon.

(BB) In the third item relating to the National Credit Union Administration, strike “credit” and insert “Credit” and insert “(25-4468-0-3-373)” before the semicolon.

(CC) After the third item relating to the National Credit Union Administration, insert the following new item:

“Office of Thrift Supervision (20-4108-0-3-373);”.

(DD) In the item relating to Payments to health care trust funds, strike “572” and insert “571”.

(EE) Strike “Compact of Free Association, economic assistance pursuant to Public Law 99-658 (14-0415-0-1- 806);”.

(FF) In the item relating to Payments to social security trust funds, strike “571” and insert “651”.

(GG) Strike “Payments to state and local government fiscal assistance trust fund (20-2111-0-1-851);”.

(HH) In the item relating to Payments to the United States territories, strike “852” and insert “806”.

(II) Strike “Resolution Funding Corporation;”.

(JJ) In the item relating to the Resolution Trust Corporation, insert “Revolving Fund (22-4055-0-3-373)” before the semicolon.

(KK) After the item relating to the Tennessee Valley Authority funds, insert the following new items:

“Thrift Savings Fund;

“United States Enrichment Corporation (95-4054-0- 3- 271);

“Vaccine Injury Compensation (75-0320-0-1-551);

“Vaccine Injury Compensation Program Trust Fund (20-8175-0-7-551);”.

(2) Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:

(A) Strike “The following budget” and insert “The following Federal retirement and disability”.

(B) In the item relating to Black lung benefits, strike “lung benefits” and insert “Lung Disability Trust Fund”.

(C) In the item relating to the Court of Federal Claims Court Judges’ Retirement Fund, strike “Court of Federal”.

(D) In the item relating to Longshoremen’s compensation benefits, insert “Special workers compensation expenses,” before “Longshoremen’s”.

(E) In the item relating to Railroad retirement tier II, strike “retirement tier II” and insert “Industry Pension Fund”.

(3) Section 255(g)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:

(A) Strike the following items:

“Agency for International Development, Housing, and other credit guarantee programs (72-4340-0-3-151); “Agricultural credit insurance fund (12-4140-0-1-351);”.

(B) In the item relating to Check forgery, strike “Check” and insert “United States Treasury check”.

(C) Strike “Community development grant loan guarantees (86-0162-0-1-451);”.

(D) After the item relating to the United States Treasury Check forgery insurance fund, insert the following new item:

“Credit liquidating accounts;”.

(E) Strike the following items:

“Credit union share insurance fund (25-4468-0-3- 371);”.

“Economic development revolving fund (13-4406-0-3- 452);”.

“Export-Import Bank of the United States, Limitation of program activity (83-4027-0-3-155);”.

“Federal Deposit Insurance Corporation (51-8419-0- 8-371);”.

“Federal Housing Administration fund (86-4070-0-3- 371);”.

“Federal ship financing fund (69-4301-0-3-403);”.

“Federal ship financing fund, fishing vessels (13- 4417-0-3-376);”.

“Government National Mortgage Association, Guarantees of mortgage-backed securities (86-4238-0-3- 371);”.

“Health education loans (75-4307-0-3-553);”.

“Indian loan guarantee and insurance fund (14- 4410-0-3-452);”.

“Railroad rehabilitation and improvement financing fund (69-4411-0-3-401);”.

“Rural development insurance fund (12-4155-0-3- 452);”.

“Rural electric and telephone revolving fund (12- 4230-8-3-271);”.

“Rural housing insurance fund (12-4141-0-3-371);”.

“Small Business Administration, Business loan and investment fund (73-4154-0-3-376);”.

“Small Business Administration, Lease guarantees revolving fund (73-4157-0-3-376);”.

“Small Business Administration, Pollution control equipment contract guarantee revolving fund (73-4147-0-3- 376);”.

“Small Business Administration, Surety bond guarantees revolving fund (73-4156-0-3-376);”.

“Department of Veterans Affairs Loan guaranty revolving fund (36-4025-0-3-704);”.

(d) Low-income Programs.—Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:

(1) Amend the item relating to Child nutrition to read as follows:

“Child nutrition programs (with the exception of special milk programs) (12-3539-0-1-605);”.

(2) After the second item insert the following new items:

“Temporary assistance for needy families (75-1552-0-1- 609);

“Contingency fund (75-1522-0-1-609);”

“Child care entitlement to States (75-1550-0-1-609);

(3) Amend the item relating to Women, infants, and children program to read as follows:

“Special supplemental nutrition program for women, infants, and children (WIC) (12-3510-0-1-605);”.

(4) After the last item add the following new item: “Family support payments to States (75-1501-0-1-609);”.

(e) Identification of Programs.—Section 255(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

“(i) Identification of Programs.—For purposes of subsections (b), (g), and (h), each account is identified by the designated budget account identification code number set forth in the Budget of the United States Government 1998-Appendix, and an activity within an account is designated by the name of the activity and the identification code number of the account.”.

(f) Optional Exemption of Military Personnel.— Section 255(h) of the Balanced Budget and Emergency Deficit Control Act of 1985 (relating to optional exemption of military personnel) is repealed.

[Section 10207 (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:

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. 1004.

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 10207. Exempt Programs and Activities. Section 255 of the BBA lists various accounts, programs, and activities that are exempt, entirely or in part, from reduction under a sequester, including such items as Social Security benefits, veterans’ programs, net interest, and low-income programs. The section provides the President with authority to exempt military personnel accounts from a sequester at his option. Section 10207 of the act makes various technical and conforming changes in Section 255, including changes that continue the exemption for the program formerly known as Aid to Families With Dependent Children (AFDC).

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LEGISLATIVE HISTORY NOTES

Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 704; (Budget Enforcement Act of 1997).

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[BCR § 278]