BPLA (Contents)

Budget Process Law Annotated (1993)

Balanced Budget and Emergency Deficit Control Act of 1985

PART E

MISCELLANEOUS AND RELATED PROVISIONS

[PAGES 671-674]
SEC. 271.1746 waivers and suspensions; rulemaking powers.

(a) Budget Act Waivers in the Senate.—Section 904 of the Congressional Budget Act of 1974.1747 is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection:

“(c) Sections 305(b)(2) and 306 of this Act may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.”.


1746. Section 271 is codified as amended at 2 U.S.C. 900 note (Supp. IV 1992).

1747. See supra pp. 357-368.


(b) Other Waivers and Suspensions in the Senate.—Sections 301(i),1748 302(c),1749 302(f),1750 304(b),1751 310(d),1752 310(g),1753 and 311(a)1754 of the Congressional [p. 672] Budget Act of 1974 may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. 1755 This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a)1756 of this joint resolution.1757


1748. See supra pp. 82-87.

1749. See supra p. 92.

1750. See supra p.95.

1751. See supra pp. 117-119. 1732

1752. See supra p. 170.

1753. See supra p. 176.

1754. See supra pp. 178-192.

1755. That is, 60 Senators, no matter how many Senators are present and voting.

1756. This reference should be to section 258(a). This discussion from section 254(a) (“Special Procedures in the Event of a Recession”) to section 258(a) (“Procedures in the Event of a Low Growth Report”) (see supra pp. 619-627), but neglected to change this reference.

1757. Section 13208(a)(1) of the Budget Enforcement Act of 1990 (see infra p. 728) amended section 904(c) of the Congressional Budget Act of 1974 (see supra p. 361) to address many of the matters addressed by this subsection. Congress meant for section 904(c) of the Congressional Budget Act of 1974 to supersede this subsection, although when section 13208 of the Budget Enforcement Act of 1990 (see infra pp. 728-729) added the material to section 904(c), it mistakenly did not repeal this subsection. To the extent that direct conflicts exist, however, the later enacted language of section 904(c) of the Congressional Budget Act of 1974 takes precedence over that of this subsection. Section 904(c) of the Congressional Budget Act of 1974 provides:

(c) Waiver.—Sections 305(b)(2), 305(c)(4), 306,904(c), and 904(d) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. Sections 301(i), 302(c), 302(f), 310(d)(2), 310(o, 311(a), 313, 601(b), and 606(c) of this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

See supra p. 361


(c) Appeals of Rulings.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, 1758 shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(1),1759 302(c),1760 302(f),1761 304(b),1762 [p. 673] 306,1763 310(d),1764 310(g),1765 or 311(a)1766 of the Congressional Budget Act of 1974.1767


1758. That is, 60 Senators, no matter how many Senators are present and voting.

1759. See supra pp. 82-87.

1760. See supra p. 92.

1761. See supra p. 95.

1762. See supra pp. 117-119.

1763. See supra pp. 143-144.

1764. See supra p. 170.

1765. See supra p. 176.

1766. See supra pp. 178-192.

1767. Section 210 of the Balanced Budget and Emergency Deficit Reduction Reaffirmation Act of 1987 added this subsection.

Section 13208(a)(1) of the Budget Enforcement Act of 1990 (see infra p. 728) amended section 904(d) of the Congressional Budget Act of 1974 (see supra p. 366) to address many of the matters addressed by this subsection. Congress meant for section 904(d) of the Congressional Budget Act of 1974 to supersede this subsection, although when section 13208 of the Budget Enforcement Act of 1990 (see infra pp. 728-729) added the material to section 904(d), it mistakenly did not repeal this subsection. To the extent that direct conflicts exist, however, the later enacted language of section 904(d) of the Congressional Budget Act of 1974 takes precedence over that of this subsection. Section 904(d) of the Congressional Budget Act of 1974 provides:

(d) Appeals in the Senate from the decisions of the Chair relating to any provision of title III or IV or section 1017 shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 305(b)(2), 305(c)(4), 306,904(c), and 904(d). An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 301(i), 302(c), 302(1), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c) of this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985

See supra p. 366.


[P. 674]

(d)1768 Rulemaking Powers.—The provisions of this title, other than those relating to the activities of the executive and Judicial branches of the Government, are enacted by the Congress—

(1) as an exercise of the rulemaking powerj6 of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.


1768. This was originally subsection (c). Section 210 of the Balanced Budget and Emergency Deficit Reduction Reaffirmation Act of 1987 redesignated this subsection as subsection (d).

1769. For a discussion of Congress’s rule-making powers, see supra note 955.

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