BPLA (Contents)
Budget Process Law Annotated (1993)
Section 606
[Pages 332-337]
[PAGE 332]
SEC. 606.908 5-YEAR BUDGET RESOLUTIONS; BUDGET RESOLUTIONS MUST CONFORM TO BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985.
(a) 5-Year Budget Resolutions.—In the case of any concurrent resolution on the budget for fiscal year 1992, 1993, 1994, or 1995,909 that resolution shall set forth appropriate levels for the fiscal year beginning on October 1 of the calendar year in which it is reported and for each of the 4 succeeding fiscal years for the matters described in section 301(a).
(b) Point of Order in the House of Representatives.—It shall not be in order in the House of Representatives to consider any concurrent resolution on the budget for a fiscal year or conference report thereon under section 301 or 304 that exceeds the maximum deficit amount for each fiscal year covered by the concurrent resolution or conference report as determined under section 601(a), including possible revisions under part C of the Balanced Budget and Emergency Deficit Control Act of 1985.
(c) Point of Order in the Senate.910—It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year under section 301, or to consider any amendment to such a concurrent resolution, or to consider a conference report on such a concurrent resolution, if the level of total budget outlays911 for the first fiscal year that is set forth in such concurrent resolution or conference report exceeds the recommended level of Federal revenues set forth for that year by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 601(a), or if the adoption of such amendment would result in a level of total budget outlays for that fiscal year which exceeds the recommended level of Federal revenues for that fiscal year by an amount that is greater than the maximum deficit amount for such fiscal years as determined under section 601(a).912
(d) Adjustments. (1) Notwithstanding any other provision of law, concurrent resolutions on the budget for fiscal years 1992, 1993, 1994, and 1995913 under section 301914 or 304915 may set forth levels consistent with allocations increased by—
(A) amounts not to exceed the budget authority916 amounts in section 251(b)(2)(E)(i)917 and (ii)918 of the Balanced Budget and Emergency Deficit Control Act of 985 and the composite outlays919 per category920 consistent with them; and
(B) the budget authority921 and outlay922 amounts In section 251(b)(1)913 of that Act.
(2) For purposes of congressional consideration of provisions described in sections 251(b)(2)(A),924 251(b)(2)(B), 251(b)(2)(C),926 251(b)(2)(D),927 and 252(e),928 determinations under sections 302,929 303,930 and 311931 shall not take into account any new budget authority,932 new entitlement authority,933 outlays,934 receipts, or deficit effects in any fiscal year of those provisions.
908. Section 606 is codified at 2 U.S.C. § 665e (Supp. IV 1992). Section 13111 of the Budget Enforcement Act of 1990 added what is now section 606. See infra p. 707. For excerpts from the statement of managers accompanying the conference report on the Budget Enforcement Act of 1990, see infra note 936 (at the end of title VI).
Section 223 of the Balanced Budget and Emergency Deficit Control Act of 1985 repealed the original section 606. See infra p. 422. As originally enacted in 1974, section 606 read as follows:
study of off-budget agencies
Sec. 606. The Committees on the Budget of the House of Representatives and the Senate shall study on a continuing basis those provisions of law which exempt agencies of the Federal Government, or any of their activities or outlays, from inclusion in the Budget of the United States Government transmitted by the President under section 201 of the Budget and Accounting Act, 1921. Each committee shall, from lime to lime, report to its House its recommendations for terminating or modifying such provisions.
909. This should read “1995, 1996, 1997, or 1998”. Section 14002(c)(3)(B) of the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, § 14002(c)(3)(B). 107 Stat. 312 (1993), extended title VI through fiscal year 1998, but the Act’s drafters neglected to make the conforming change here. As the joint statement of managers accompanying the Act makes clear, the Act “extends all of the temporary enforcement procedures in Title VI of the (Congressional Budget Act) of 1974 through the end of fiscal year 1998 without change”. H. Conf. Rept. 103-213, 103d Cong., 1st Sess. 961 (1993) (emphasis added), reprinted in 139 Cong. Rec. H5792, H6043 (daily ed. Aug. 4, 1993). For additional legislative history on the extension of title VI, see infra note 936 (al the end of title VI).
910. Section 904(c) provides that the Senate may waive or suspend section 606(c) only by the affirmative vote of three-firths or the Members, duly chosen and sworn -that is, 60 Senators. See infra pp. 361-363. Section 27S(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides that this supermajority requirement expires on September 30, 1995. See infra p. 690.
Note also the provisions for the suspension or title VI under certain circumstances after the declaration of war or a recession pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985. See infra pp. 619-630.
For legislative history or section 606(c), see infra note 912 (at the end of this subsection).
911. Section 3(1) defines “outlays”. See supra p. 11.
912. Section 606(c) now addresses the matter that the old section 301(i) use to address. Section 13303(b) of the Budget Enforcement Act of 1990 repealed what use to be section 301(i). See infra p. 756. Before enactment of the Budget Enforcement Act of 1990, section 301(i) read as follows:
(i) Maximum Deficit Amount May Not Be Exceeded.—
(1)(A) Except as provided in paragraph (2), it shall not be in order in either the House of Representatives or the Senate to consider any concurrent resolution on the budget for a fiscal year under this section, or to consider any amendment to such a concurrent resolution or to consider a conference report on such a concurrent resolution, if the level of total budget outlays for such fiscal year that is set forth in such concurrent resolution or conference report exceeds the recommended level of Federal revenues set forth for that year by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 3(7), or if the adoption of such amendment would result in a level of total budget outlays for that fiscal year which exceeds the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 3(7).
(B) In the House of Representatives the point of order established under subparagraph (A) with respect to the consideration of a conference report or with respect to the consideration of a motion to concur, with or without an amendment or amendments, in a Senate amendment, the stage of disagreement having been reached, may be waived only by a vote of three-fifths of the Members present and voting, a quorum being present.
(2)(A) Paragraph (1) of this subsection shall not apply if a declaration of war by the Congress is in effect.
(B) Paragraph (1) shall not apply to the consideration of any concurrent resolution on the budget for fiscal year 1988 or fiscal year 1989, or any amendment thereto or conference report thereon, if such concurrent resolution or conference report provides, or In the case of an amendment if the concurrent resolution as changed by the adoption of such amendment would provide for deficit reduction from a budget baseline estimate as specified in section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 for such fiscal year (based on laws in effect on January 1 of the calendar year during which the fiscal year begins) equal to or greater than the maximum amount of unachieved deficit reduction for such fiscal year as specified in section 251(a)(3)(A) of such Act.
(C) For purposes of the application of subparagraph (B), the amount of deficit reduction for a fiscal year provided for in a concurrent resolution or amendment thereto or conference report thereon shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.
913. This should read “1995, 1996, 1997, and 1998”. Section 14002(c)(3)(B) of the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, § 14002(c)(3)(8), 107 Stat. 312 (1993), extended title VI through fiscal year 1998, but the Act’s drafters neglected to make the conforming change here. As the joint statement of managers accompanying the Act makes dear, the Act “extends all of the temporary enforcement procedures in Title VI of the [Congressional Budget Act of 1974] through the end of fiscal year 1998 without change”. H. Rept. 103-213, 103d Cong., 1st Sess., Conference Report, p. 961 (1993) (emphasis added), reprinted in 139 Cong. Rec. H6043 (daily ed. Aug. 4, 1993). For additional legislative history on the extension of title VI, see infra note 936 (at the end of title VI).
914. See supra pp. 50-87.
915. See supra pp. 117-119.
916. Section 3(2) defines “budget authority”. See supra pp. 11-13.
917. See infra p. 499. Section 251(b)(2)(E)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides the special allowance for discretionary new budget authority for the domestic category.
918. See infra p. 500. Section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides the special allowance for discretionary new budget authority for the international category.
919. Section 250(c)(20) of the Balanced Budget and Emergency Deficit Control Act of 1985 defines “composite outlay rate”. [1]
See infra p. 447.
920. Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 defines “category”. See infra p. 441.
921. Section 3(2) defines “budget authority”. See supra pp. 11-13.
922. Section 3(1) defines “outlays”. See supra p. 11.
923. See infra pp. 493-496. Section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides for adjustments to discretionary spending limits for changes in concepts and definitions, changes in inflation. and credit reestimates.
924. See infra p. 497. Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides for adjustments to discretionary spending limits for the Internal Revenue Service compliance initiative.
925. See infra p. 498. Section 251(b)(2)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides for adjustments to discretionary spending limits for debt forgiveness for the Arab Republic of Egypt and the Government of Poland.
926. See infra p. 498. Section 251(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides for adjustments to discretionary spending limits for the United States quota as part of the International Monetary Fund Ninth General Review of Quotas.
927. See infra p. 498. Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides for adjustments to discretionary spending limits for emergency requirements (including the costs for operation Desert Shield).
928. See infra p. 517. Section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 provides for direct spending or receipts legislation that the President and Congress designate as emergency requirements.
929. See supra pp. 88-105.
930. See supra pp. 106-116.
931. See supra pp. 178-194. This listing or sections should also include the new points of order that title VI added to the Congressional Budget Act of 1974 in sections 601(b), 602(c), and 605(b), Congress intended that the Budget Committees not count these items for any Congressional Budget Act of 1974 purposes.
932. Section 3(2) defines “budget authority”. See supra pp. 11-13.
933. Section 3(9) (see infra [pp. 18-19]) defines “entitlement authority” to mean that authority described in Section 401(c)(2)(C) (see supra [pp. 252-253]).
934. Section 3(1) defines “outlays”. See supra p. 11.
Counsel Notes
Current Law
This section was repealed along with the entirety of title VI by section 10118 of the Budget Enforcement Act of 1997 (Pub. L. 105-33).
Endnotes
[1] Pub. L. 105–33, §10202(b)(6), struck out paragraph (20) which read as follows:
“The term ‘composite outlay rate’ means the percent of new budget authority that is converted to outlays in the fiscal year for which the budget authority is provided and subsequent fiscal years, as follows:
“(A) For the international category, 46 percent for the first year, 20 percent for the second year, 16 percent for the third year, and 8 percent for the fourth year.
“(B) For the domestic category, 53 percent for the first year, 31 percent for the second year, 12 percent for the third year, and 2 percent for the fourth year.”
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