BBA 2018 (Contents)

Bipartisan Budget Act of 2018

Division G – Budgetary Effects

Division G is of limited scope and keeps the budgetary effects from being subject to enforcement rules. The bill’s primary purpose is as an appropriations omnibus measure, which very often will contain non-appropriations provisions, in contravention to longstanding, but very often broken, Congressional rules. Though the Act does not contain the  language set forth in the 1 U.S.C 105 that normally indicates an appropriation bill, it still is subject to the discretionary spending limits and therefore language is included to give guidance as to the treatment of non-appropriations provisions contained in the Act. Though the reference to “Rule 3” of the scorekeeping rules is unnecessary, this division’s purpose is to exempt direct spending and revenue from all enforcement procedures. 


Division G—Budgetary Effects

Sec. 70101. BUDGETARY EFFECTS.

(a) In General.—The budgetary effects of division A, subdivision 2 of division B, and division C and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.

(b) Senate Paygo Scorecards.—The budgetary effects of division A, subdivision 2 of division B, and division C and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106[1] of H. Con. Res. 71 (115th Congress).

(c) Classification of Budgetary Effects.—Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division A, subdivision 2 of division B, and division C and each succeeding division shall not be estimated—

(1) for purposes of section 251 of such Act; and

(2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.


Counsel Notes
Endnotes

[1] Section 4106 of the H. Con. Res. 71 is a reference to the Statutory Pay-As-You-Go Point of Order included in the Senate Rules, by its adoption in successive budget resolutions. Budget Resolution language in both House and Senate act as rules of those bodies tantamount to each chamber’s standing rules. Though in the Senate it is the norm that these rules are assumed to continue until amended or repealed, such as the S-Paygo Point of Order, in the House they usually expire when the Congress ends. The term “paygo scorecard” used here is, but often it is referred to as the “paygo ledger”.


Bipartisan Budget Act of 2018, Pub. L. 115-123; 132 Stat. 64; February 9, 2018; H.R. 1892 (115th Congress)

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 [BCR § 296c]