BPLA (Contents)
Budget Process Law Annotated (1993)
Budget Enforcement Act of 1990
TITLE XIII — BUDGET ENFORCEMENT
[Pages 708-712]
SEC. 13112. CONFORMING AMENDMENTS.
(a) Conforming Amendments to the Congressional Budget and Impoundment Control Act of 1974.—
(1) Table of contents.—Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended to reflect the new section numbers and headings resulting from amendments made by this title.
(2)[1] Section 3.—Section 3 of such Act is amended—
(A)1817 by striking paragraphs (6), (7), and (8) and inserting the following:
[“…”]1818
(3) Section 202.—Section 202(a)(1) and the second sentence of 202(f)(1) of such Act are amended by striking “budget authority” and inserting “new budget authority”.
(4) Section 300.—Section 300 of such Act is amended by striking “First Monday after January 3” and by inserting “First Monday in February”.
(5) Section 301(d).—Section 301(d) of such Act is amended by striking “On or before February 25 of each year” and inserting “Within 6 weeks after the President submits a budget under section 110(a) of title 31, United States Code”.
(6) Section 302(a).—Section 302(a)(2) of such Act [p. 709] is amended by striking “the House of Representatives and”.
(7) Section 302(f).—Section 302(f)(2) of such Act is amended—
(A) by inserting after “in excess or the following: “(A)”;
(B) by striking “under subsection (b)” and inserting “under subsection (a), or (B) the appropriate allocation (If any) of such outlays or authority reported under subsection (b)”; and
(C) by inserting at the end the following:
“Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations.”.
(8) Section 304.—Section 304 of such Act is amended by striking subsection (b) and by striking “(c)” and inserting “(b)”.
(9) Section 310(g).—Section 310(g) of such Act is amended by striking “resolution pursuant” and inserting “joint resolution pursuant” and by striking “254(b)” and inserting “258C”.
(10) Section 311(a).—Section 311(a) of such Act is amended by striking “or, in the Senate” and all that follows thereafter through “paragraph (2) of such subsection” and inserting “except in the case that a declaration of war by the Congress is in effect”. [p. 710]
(11) Section 904(a).—Section 904(a) of such Act is amended by striking “and” after III”, by inserting “, V, and VI (except section 601(a))” after “IV”, and by striking “606,”.[2]
1817. Section This is so in the original, even though there is no subparagraph (B).
1818. See supra pp. 16-18.
(b) Conforming Amendment to the Balanced Budget and Emergency Deficit Control Act of 1985.—Subsection (b) of section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:
“(b) Expiration.—Part C of this title, section 271(b) of this Act, and sections 1105(f) and 1106(c) of title 31, United States Code, shall expire September 30, 1995.”.
[The BPLA did not include notes for this subsection.]
(c) Conforming Amendments to Section 1105 of Title 31, United States Code.—
(1) Section 1105(a).—Section 1105(a) of title 31, United States Code, is amended by striking “On or before the first Monday after January 3 of each year (or on or before February 5 in 1986)” and by inserting “On or after the first Monday in January but not later than the first Monday in February of each year.”1819 [p. 711]
(2) Section 1105(f).—Section 1105(f) of title 31, United States Code, is amended to read as follows:
“(f) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared in a manner consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 that apply to that and subsequent fiscal years.”.
1819. This is so in the original; the period appears within the quotation mark, when it should appear outside.
The statement of managers accompanying the conference report on the Budget Enforcement Act of 1990 hedges the changes made by this paragraph:
XI. PRESIDENT’S BUDGET SUBMISSION
The conference agreement includes a provisions [sic] permitting the President to delay submission to Congress of The Budget of the United States Government from the present requirement of “on or before the first Monday after January 3 of each year” to not later than the first Monday in February. The conferees intended that this increased flexibility be used very rarely to meet only the most pressing exigencies. An orderly and timely budget process requires that Presidential submissions be made on or before the first Monday after January 3 whenever possible. The conferees expect that Presidential submission dates will comply with the January deadline.
H. Rep. 101-964 (Conference Report, p. 1171), 101st Cong., 2d Sess. 1171 (1990), reprinted in 1990 U.S.C.CA.N.[3] 2017, 2876.
(d) Conforming Amendments to the Rules of the House of Representatives.—
(1) Cross-reference.—Clause 1(e)(2) of rule X of the Rules of the House of Representatives is amended by striking “(a)(4)”.
(2) Cross-reference.—Clause 1(e)(2) of rule X of Rules of the House of Representatives is amended by striking “Act, and any resolution pursuant to section 254(b) of the Balanced Budget and Emergency Deficit Control Act of 1585” and inserting “Act”.
(3) Jurisdiction.—Clause 1 (J) of rule X of the Rules of the House of Representatives is amended by inserting after paragraph (6) the following new paragraph:
“(7) Measures providing exemption from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985.”. [p. 712]
(4) Allocations.—Clause 4(h) of rule X of the Rules of the House of Representatives is amended by inserting “or section 602 (in the case of fiscal years 1991 through 1995)” after “section 302”.
(5) Multiyear revenue estimates.—Clause 7(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking “, except that, in the case of measures affecting the revenues, such reports shall require only an estimate of the gain or loss in revenues for one-year period”.
[The BPLA did not include notes for this subsection.]
(e) Conforming Amendment to the Full Employment and Balanced Growth Act of 1978.—Section 103(a) of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 1022(a) is amended by striking “transmit to the Congress during the first twenty days of each regular session” and inserting “annually transmit to the Congress not later than 10 days after the submission of the budget under section 1105(a) of title 31, United States Code”.
[The BPLA did not include notes for this subsection.]
(f) Filing Requirement.—After the convening of the One Hundred Second Congress, the chairman of the Committee on the Budget of the Senate shall file with the Senate revised and outyear budget aggregates and allocations under section 602(a) consistent with this act.1820
1820. See 137 Cong. Rec. S2240-41 (daily ed. Feb. 21, 1991) (statement of Chairman Sasser).
COUNSEL NOTES
[1] This section includes a subparagraph (A), but does not include a subparagraph (B). See Section 13112 on at 104 Stat. pp. 607-608.
[2] The reference here to “VI” and “606” are to title VI of the Congressional Budget Act of 1974. Title VI was repealed by the Budget Enforcement Act of 1997 (Pub. L. 105-33).
[3]This is the “United States Code Congressional and Administrative News”.
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