BPLA (Contents)
Budget Process Law Annotated (1993)
Section 607
[PAGES 338-342]
[PAGE 338]
SEC. 607.935 EFFECTIVE DATE.
This title shall take effect upon its date of enactment and shall apply to fiscal years 1991 to 1998.936
[Footnote #936 extends from page 338 through page 342.]
935. Section 13111 of the Budget Enforcement Act of 1990 of 1990 added what is now section 607. 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.
Public Law 97-258 repealed the section 607 originally enacted in the Congressional Budget Act of 1974. See “An Act to Revise, Codify, and Enact Without Substantive Change Certain General and Permanent Laws, Related to Money and Finance, as title 31, United States Code, ‘Money and Finance’,” Pub. L. 97-258, § 5(b), 96 Stat. 877, 1082 (1982).
The original sections 601-605 and 607 were codified in sections 1105, 1106, and 1108-1110 of title 31. As originally enacted in 1974, section 607 read as follows:
year-ahead requests for authorization of new budget authority
Sec. 607. Notwithstanding any other provision of law, any request for the enactment of legislation authorizing the enactment of new budget authority to continue a program or activity for a fiscal year (beginning with the fiscal year commencing October 1, 1976) shall be submitted to the Congress not later than May 15 of the year preceding the year in which such fiscal year begins. In the case of a request for the enactment of legislation authorizing the enactment of new budget authority for a new program or activity which is to continue for more than one fiscal year, such request shall be submitted for at least the first 2 fiscal years.
936. 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), changed this reference to “1998” from “1995.” Section 14001 of that Act states the purpose of the change:
Sec. 14001. purpose.
The Congress declares that it is essential to—
(1) preserve the deficit reduction achieved by this Act;
(2) extend the system of discretionary spending limits for the single discretionary category set forth in section 601 of the Congressional Budget Act of 1974;
(3) extend the pay-as-you-go enforcement system …
Id. § 14001. The joint statement of managers accompanying that Act explains:
the congressional budget process
Subtitle B of Title XV (Budget Process) of the House-passed bill amends the Congressional Budget Act (CBA) of 1974 (P.L. 93-344, as amended) and related Standing Rules of the House of Representatives to make various changes in the congressional budget process. (In addition, Subtitle B extends the discretionary spending limits in the CBA of 1974, which are used for purposes of sequestration under the Gramm-Rudman-Hollings Act, through fiscal year 1998; these changes are discussed elsewhere).
Title XIV (Enforcement Procedures) of the Senate amendment amends the CBA of 1974 only the purpose of extending certain procedures in Title VI of that Act (including the discretionary spending limits).
The conference agreement includes the Senate language. The House conferees believe that the recommended changes in the House proposal are useful and important and therefore intend to pursue these changes in another forum.
1. Budget Resolution Coverage and Enforcement
Current Law
The Budget Enforcement Act of 1990 put in place temporary provisions in Title VI of the Budget Act to make the congressional budget process fit with the sequestration scheme that was also a part of the 1990 Budget Enforcement Act. These provisions were only temporary since Congress was venturing into new procedural territory and needed to see how the changes would play out. Titles III (Congressional Budget Process) and VI of the CBA of 1974 establish the requirements for the coverage and enforcement of the budget resolution. Each year, Congress adopts a concurrent resolution on the budget setting forth levels of spending, revenues, the deficit, and the public debt that reflect broad congressional budget policies and priorities. In general, budgetary legislation first effective in a fiscal year may not be considered until the budget resolution for that year has been adopted, with different exceptions specified for the House and Senate–including an exception in the House for regular appropriations measures considered after May 15.
The budget resolution is enforced principally through two means: (1) points of order under the CBA of 1974, which may be raised against legislation in violation of budget resolution levels or other CBA requirements, and (2) reconciliation instructions to House and Senate committees to bring existing spending revenue, and debt limit laws within their jurisdiction into conformity with budget resolution levels.
In particular, procedures under Section 302 and Section 311 of the CBA of 1974 (and under Section 602 for fiscal years 1991 through 1995 (see below) are prominent in the enforcement of budget resolution spending levels by points of order, especially with respect to the consideration of annual appropriations measures.
Under Section 302, once the budget resolution is adopted, all committees with spending jurisdiction receive an allocation of spending under the resolution for programs within their jurisdiction. (In the House, allocations are made for new budget authority, entitlement authority and outlays; in the Senate, allocations are made for new budget authority and outlays.) Committees then are required to subdivide amounts allocated to them among their subcommittees or by program. The Appropriations Committees must subdivide by subcommittee. In general, the House or Senate may not consider spending legislation for a fiscal year that would cause any committee subdivision of spending for that year to be exceeded. Outlay subdivisions are not enforced by point of order in the House.
Under section 311, the House and Senate may not consider spending or revenue measures that would cause the aggregate levels of spending and revenues in the budget resolution to be violated. An exception is provided in the House for instances in which the spending measure would not cause the pertinent committee’s allocation of new discretionary budget authority or new entitlement authority to be exceeded. Section 311 also provides a procedure only in the Senate for the enforcement of spending and revenue levels for Social Security.
Title VI of the CBA of 1974, enacted as part of the Budget Enforcement Act (BEA) of 1990, sets forth temporary requirements for budget resolution coverage and enforcement for fiscal years 1991 through 1995. Budget resolutions and committee allocations are required to cover five fiscal years (rather than three fiscal years, as required under permanent law). Enforcement procedures under Section 302 are superseded through fiscal year 1995 by temporary requirements established in Section 602, including requirements that: (1) direct spending legislation is subject to a point of order if it breaches a spending allocation in the budget year or over the 5-year period covered by the allocation; (2) only the Appropriations Committees must make subdivisions of spending of amounts allocated to them under the budget resolution; and (3) if Congress has not adopted a budget resolution by April 15, the House Budget Committee must make an allocation of spending to the House Appropriations Committee consistent with the discretionary spending limits. Title VI also provides 1-year and 5-year enforcement of revenue legislation.
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Senate Amendment
The Senate amendment, in Section 14002(3)(B), extends all of the temporary enforcement procedures in Title VI and the CBA of 1974 through the end of fiscal year 1998 without change.
* * * * * * *
The House recedes to the Senate …
H. Rept. 103-213, Conference Report, pp. 957-61, 103d Cong., 1st Sess. (1993), reprinted in 139 Cong. Rec. H6042-43 (daily ed. Aug. 4, 1993). For additional legislative history on the extension of the discretionary spending limits, see supra note 870 (at the end of section 601).
Section 13111 of the Budget Enforcement Act of 1990 repealed the original title heading of title VI and added what is now title VI. See infra p. 707. Public Law 97-258 repealed the sections 601-605 and 607 originally enacted in the Congressional Budget Act of 1974. See “An Act to Revise, Codify, and Enact Without Substantive Change Certain General and Permanent Laws, Related to Money and Finance, as Title 31, United States Code, ‘Money and Finance’”, Pub. L 97-258, § 5(b), 96 Stat. 877, 1082 (1982). Section 223 of the Balanced Budget and Emergency Deficit Control Act of 1985 repealed the original section 606. See infra p. 422. The original sections 601-605 and 607 were codified in sections 1105, 1106, and 1108-1110 of title 31.
The statement of managers accompanying the conference report on the Budget Enforcement Act of 1990 explains provisions of the new title VI:
IX. ADDITIONAL CHANGES TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974
Current Law
The Congressional Budget and Impoundment Control Act of 1974, as amended, provides for the adoption each year of a concurrent resolution on the budget setting forth spending, deficit, and revenue levels. The budget resolution is enforced principally through points of order against legislation violating budget resolution spending, revenue, and deficit levels, and through reconciliation instructions to congressional committees. Budget resolutions include budget levels for three fiscal years, but only the first year levels are binding (i.e., enforceable by points of order).
The budget resolution may not provide for a deficit in excess of the Gramm-Rudman-Hollings deficit target for the fiscal year. There are no other restrictions on congressional discretion in setting budget resolution levels under current law.
Title X of the Act establishes congressional procedures for considering impoundment of funds by the executive branch.
House Bill
The House bill amends the Congressional Budget Act to establish procedures for enforcing the discretionary spending limits established for fiscal years 1991-1995 through action each year on the budget resolution. Through fiscal year 1995, budget resolutions are required to cover five fiscal years.
The House bill also establishes a procedure for automatic reconciliation instructions to the tax committees should legislation be enacted reducing revenues without an offset.
The House provisions are enacted as temporary amendments to the 1974 Budget Act, generally expiring at the end of fiscal year 1995.
Senate Amendment
The Senate amendment also expands 1974 Budget Act enforcement procedures to ensure compliance with the discretionary spending limits and pay-as-you-go requirements to assure that the 5-year, $500 billion deficit reduction plan is implemented and maintained. In addition, the Senate amendment establishes new timetables for congressional and executive budget actions, strengthens and permanently codifies the Byrd Rule on extraneous matter, and makes other conforming changes in the 1974 Budget Act.
The Senate amendment makes permanent changes in the 1974 Budget Act.
Conference Agreement
The conference agreement includes a number of budget process changes. It makes temporary changes in the Congressional Budget Act to create 5-year budget resolutions that would be enforced by points of order against exceeding committee allocations for both the first year and the total of the 5 years covered by the budget resolution. Section 601(b) of the conference agreement also creates temporary points of order in the Senate against violating the discretionary spending limits.
H. Rept. 101-964, Conference Report, pp. 1169-70, 101st Cong., 2d Sess. (1990), reprinted in 1990 U.S.C.C.A.N. 2374, 2874-15.
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).
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