BCA 2011 (Contents)

Budget Control Act of 2011

Section 104

TITLE I—TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER
SEC. 104. Expiration.

(a) Repealer.—Section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed.

(b) Conforming Change.—Sections 252(d)(1), 254(c), 254(f)(3), and 254(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not apply to the Congressional Budget Office.

Previous:

Sec. 103 (BCA) 

Next:

Sec. 105 (BCA)

COUNSEL NOTES
Reports by the Congressional Budget Office

Subsection (b) of this section exempts the Congressional Budget Office from certain reports that would otherwise it would be required by the Balanced Budget and Emergency Deficit Control Act of 1985.

  1. Sec. 252(l): CBO is not required to provide cost estimates for all legislation enacted by Congress having direct spending or receipts effects.
  2. Section 254(c): It is not required to provide Sequestration Preview Reports.
  3. Section 254(f)(3): In the Final Sequestration Report, it is exempted from detailing “for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions.”
  4. Section 254( i): It is not required to prepare a “low-growth” report. Such a report, were it to be prepared, would trigger the suspension of sequestration procedures under sec. 258 (BBEDCA).

Classification to the U.S. Code

This section is not separately classified to the U.S. Code. It is referred to in the Notes section of 2 U.S.C. 900 and 2 U.S.C. 902. 

Repeal of Section 275

The Balanced Budget and Emergency Deficit Control Act of 1985 largely expired at the end of fiscal year 2002. Certain provisions, such as the paygo scorecard and baseline requirements did not expire until the end of 2006. These expiration time periods were set forth in section 275 of BBEDCA and were periodically extended and revised since its first enactment in 1985. This section repeals section 275 (BBEDCA) which had the effect of bringing the entire Act back into force.  Even though this is the case, certain parts of BBEDCA, while legally in effect, have no material effect since their terms render them ineffective. For example, section 253 includes an enforcement mechanism for “maximum deficit amounts” (MDAs), but there are no such levels set in law. The last MDA expired after the enactment of the Omnibus Budget Reconciliation Act of 1995.

References

Legislative History Notes
Public Laws

Pub. L. 112–25, §306, 125 Stat. 240 (Budget Control Act of 2011).

Statutes at Large: Pub. L. 112–25, 125 Stat. 240, August. 2, 2011.

Previous:

Sec. 103 (BCA) 

Next:

Sec. 105 (BCA)

 [BCD §295]