BPLA (Contents)

Budget Process Law Annotated (1993)

Balanced Budget and Emergency Deficit Control Act of 1985

[PAGES 690-692]

SEC. 275. effective dates.

(a) In General.—

(1) Except as provided in paragraph (2) and in subsections (b)¹⁷⁹⁷ and (c),¹⁷⁹⁸ this title and the amendments made by this title shall become effective on the date of the enactment of this title and shall apply with respect to fiscal years beginning after September 30, 1985.

(2)(A) The amendment made by section 201(a)(2), and the amendment made by section 201(b) insofar as it relates to subsections (c),¹⁷⁹⁹ (f)¹⁸⁰⁰ and (g)¹⁸⁰¹ of section 302 of the Congressional Budget Act of 1974 and to subsections (c),¹⁸⁰² (d),¹⁸⁰³ and (g)¹⁸⁰⁴ of section 310 of that Act), shall become effective April 15, 1986.

(B) The amendment made by section 212 shall become effective February 1, 1986.

(b) Expiration.—Part C of this title¹⁸⁰⁵ section [p. 691] 271(b)¹⁸⁰⁶ of this Act, and sections 1105(f) and 1106(c) of title 31, United States Code, shall expire September 30, 1995; and (E) the second sentence of section 904(c) of the Congressional Budget and Impoundment Control Act of 1974 and the final sentence of section 904(d) of that Act.¹⁸⁰⁷

[P. 692]

(c) OASDI Trust Fund.—The amendments made by part D shall apply as provided in such part. 

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1797. See infra pp. 690-691.

1798. See infra  p. 692.

1799. See supra p. 92.

1800. See supra p. 95

1801. See supra  p. 105.

1802. See supra p. 166.

1803. See supra p. 170.

1804. See supra p. 176.

1805. See supra pp. 437-666.

1806. See supra pp. 671-672.

1807. Section 13208(b) of the Budget Enforcement Act of 1990 added this final expiration, beginning with “and (E).” See infra p. 729. This addition made more sense in the format of subsection (b) as it existed before enactment of the Budget Enforcement Act of 1990 (see infra this note), but Congress clearly intended that the sentences referred to expire at the same time as part C of the Balanced Budget and Emergency Deficit Control Act of 1985.

The Omnibus Budget Reconciliation Act of 1993 extended the sequestration enforcement of the discretionary spending limits and pay-as-you-go system through 1998. The Act did not extend beyond 1995 the deficit target sequestration enforcement or most of the 60-vote points of order in the Senate. Section 14002(c)(3)(A) of that Act provides:

(3) Expiration.—(A) Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, sections 250, 251, 252, and 254 through 258C of that Act shall expire on September 30, 1998.

Pub. L. 103-66, §14002(c)(3)(A), 107 Stat. 312, (1993). The joint statement of managers accompanying the Act explains:

Senate Amendment

The Senate amendment extends the expiration date of sections 250 through 258C (except for section 253, which pertains to the enforcement of the deficit target is) from the end of fiscal year 1995 to the end of fiscal year 1998.

Conference Agreement

The conference agreement contains the Senate language.

H. Rep. 103-213 (Conference Report, pp. 956-57), 103d Cong., 1^st Sess. (1993), reprinted in 139 Cong. Rec. H5792, H6042 (daily ed. Aug. 4,1993).

Section 13112(b) of the Budget Enforcement Act of 1990 amended subsection (b) to read as it does now. See infra p. 710. Before enactment of the Budget Enforcement Act of 1990, subsection (b) read as follows:

(b) Expiration.—

(1) Part C of this title, and the other provisions contained in or added by this title which are listed in paragraph (2), shall expire September 30, 1993.

(2) The other provisions referred to in paragraph (1) are as

(A) section 3(7) of the Congressional Budget and Impoundment Control Act of 1974 and the second sentence of section 3(6) of such Act (as added by section 201(a)(1) of this joint resolution);

(B) sections 301(i) and 304(b) of the Congressional Budget Act of 1974 and the portion of section 311(a) of such Act which begins with “or, in the Senate” and ends with “paragraph (2) of such subsection)” (as added by section 201(b) of this joint resolution);

(C) sections 1105(o) and 1106(c) of title 31, United States Code (as added by sections 241(b) and 242(b) of this joint resolution); and

(D) section 271(b) of this joint resolution.

The Budget Enforcement Act of 1990 moved much of the matter to which the old subsection (b) referred to title VI[1] of the Congressional Budget Act of 1974 (see supra pp. 299-339), which section 607 of that Act (as amended in 1993) makes dear applies through fiscal year 1998. See supra p. 339.

COUNSEL NOTES

[1] Title VI was repealed by the Budget Enforcement Act of 1997 (Pub. L. 105-33).

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