BCA 2011 (Contents)

Budget Control Act of 2011

Section 105

TITLE I—TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER
SEC. 105. Amendments To The Congressional Budget And Impoundment Control Act Of 1974.

(a) Adjustments.—Section 314 of the Congressional Budget Act of 1974 is amended as follows:

(1) Strike subsection (a) and insert the following:

“(a) Adjustments.—After the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission of a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom in the same amount as required by section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.’’.

(2) Strike subsections (b) and (e) and redesignate subsections (c) and (d) as subsections (b) and (c), respectively.

(3) At the end, add the following new subsections:

“(d) Emergencies in the House of Representatives.—Title III of the Congressional.—(1) In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, the chair of the Committee on the Budget of the House of Representatives shall not count the budgetary effects of such provision for purposes of title III and title IV of the Congressional Budget Act of 1974 and the Rules of the House of Representatives.

‘‘(2)(A) In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency pursuant to paragraph (1), the chair of the Committee on the Budget shall not count the budgetary effects of such provision for purposes of this title and title IV and the Rules of the House of Representatives.

‘‘(B) In the House of Representatives, a proposal to strike a designation under subparagraph (A) shall be excluded from an evaluation of budgetary effects for purposes of this title and title IV and the Rules of the House of Representatives.

‘‘(C) An amendment offered under subparagraph (B) that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure.

“(e) Enforcement of Discretionary Spending Caps.—It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause the discretionary spending limits as set forth in section 251 of the Balanced Budget and Emergency Deficit Control Act to be exceeded.’’.

(b) Definitions.—Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph:

‘‘(11) The terms ‘emergency’ and ‘unanticipated’ have the meanings given to such terms in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985.’’.

(c) Appeals For Discretionary Caps.—Section 904(c)(2) of the Congressional Budget Act of 1974 is amended by striking ‘‘and 312(c)’’ and inserting ‘‘312(c), and 314(e)’’.

Previous:

Sec. 104 (BCA) 

Next:

Sec. 106 (BCA)

COUNSEL NOTES

Classification to the U.S. Code

This section is not separately classified to the U.S. Code.

Addition to Senate Appeal Vote Requirement

Subsection (c) added subsection 314(e) to the list of points of order which require a three-fifths vote approval to be waived. The point of order under section 314(e) is against the inclusion of any emergency designation in legislation. Under 314, if the point of order is successful, the “provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.”

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. 104 (BCA) 

Next:

Sec. 106 (BCA)

 [BCD §295]