BEA 1997 (Contents)

Budget Enforcement Act of 1997

Section 10213

Title X—Budget Enforcement and Process Provisions

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

SEC. 10213. Reduction of preexisting balances and exclusion of effects of this Act from paygo scorecard.

Upon the enactment of this Act, the Director of the Office of Management and Budget shall—

(1) reduce any balances of direct spending and receipts legislation for any fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 to zero; and

(2) not make any estimates of changes in direct spending outlays and receipts under subsection (d) of that section for any fiscal year resulting from the enactment of this Act or of the Taxpayer Relief Act of 1997.

[Section 10213 (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:

36. Provisions related to the Paygo Scorecard

HOUSE BILL (SECTION 11213)

The House bill provides that existing PAYGO balance is eliminated. It further provides that the net deficit reduction from reconciliation is not counted under PAYGO. Such net savings could not be used to offset future PAYGO legislation. This effectively locks in the net savings from reconciliation and previously enacted PAYGO legislation for deficit reduction. This language is similar to language enacted as part of the Omnibus Reconciliation Act of 1993.

SENATE AMENDMENT (SECTION 1663)

The language in the Senate Amendment has the same effect as the House bill.

CONFERENCE AGREEMENT (SECTION 10213)

The conference agreement reflects the House bill with a modification with respect to the references to the two reconciliation bills.

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. 1007.

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 10213.Reduction of Preexisting Balances and Exclusion of Effects of This Act From Paygo Scorecard. Section 10213 of the act reduces existingPAYGO balances to zero (for all fiscal years covered by the BBA, as amended) and bars the inclusion of savings stemming from the Balanced Budget Act of 1997 and the Revenue Reconciliation Act of 1997 in any PAYGO calculations. The effect of the provision is to ensure that deficit reduction from the two reconciliation acts cannot be used under these procedures to offset any future legislation increasing direct spending or reducing revenues. This action is comparable to actions taken in past years following the enactment of major deficit-reduction legislation.²⁰

²⁰For example, Section 4001 of Title IV in Division A (110 Stat. 3009, page 1449) of the Omnibus Consolidated Appropriations Act, 1997 (P.L. 104-208) reset a negative PAYGO balance for FY1997 to zero; the negative balance was attributable largely to savings from the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) and the Federal Agricultural Improvement and Reform Act of 1996 (P.L. 104-127).

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LEGISLATIVE HISTORY NOTES

Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 712; (Budget Enforcement Act of 1997).

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[BCR § 278]