BBEDCA (Contents)
Balanced Budget and Emergency Deficit Control Act of 1985
Section 228
Title II—Deficit Reduction Procedures
PART A—CONGRESSIONAL BUDGET PROCESS
SUBPART III—ADDITIONAL PROVISIONS TO IMPROVE BUDGET PROCEDURES
Sec. 228. Rescissions and transfers in appropriation bills. [1]
(a) Rescissions.— Clause 2(b) of Rule XXI of the Rules of the House of Representatives is amended by inserting before the period at the end thereof the following:”, and except rescissions of appropriations contained in appropriation Acts”.
(b) Transfers.—Clause 6 of Rule XXI of the Rules of the House of Representatives is amended by inserting before the period at the end thereof the following: “, and shall not apply to transfers of unexpended balances within the department or agency for which they were originally appropriated, reported by the Committee on Appropriations”.
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COUNSEL NOTES
Counsel Endnotes
[1] This subsection (a) added language to the current clause 2(b) of rule XXI of the Rules of the House: “ … except rescissions of appropriations contained in appropriation Acts”. Subsection (b) added this language to current clause 2 of rule XXI: “shall not apply to transfers of unexpended balances within the department or agency for which they were originally appropriated, reported by the Committee on Appropriations”. See §361, infra.
EXPLANATORY NOTES
The Joint Explanatory Statement of the Managers of Conference on the Balanced Budget and Emergency Deficit Control Act of 1985 included this description:
Section 228. Rescissions and Transfers in Appropriations Bill
This section amends the House rules to permit consideration of rescissions of appropriations and transfers of unexpended balances within the Department or agency for which they were originally appropriated which are included in a general appropriations bill.
U.S. House of Representatives, Balanced Budget and Emergency Deficit Control Act of 1985: Conference Report to Accompany H. J. Res. 372, House Report 99-433 (December 10, 1985).
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 99–177, title II, §225, Dec. 12, 1985, 99 Stat. 1061 (Balanced Budget and Emergency Deficit Control Act of 1985).
Amendments
The Rules of the House of Representatives were recodified at the beginning of the 106th Congress. From Jefferson’s Manual and Rules of the House of Representatives (House Document No. 113–181); 113th Congress (2015):
Rule XXI – Restrictions on Certain Bills
General appropriation bills and amendments
[Clause 2(a)(2) of Rule XXI]
(2) A reappropriation of unexpended balances of appropriations may not be reported in a general appropriation bill, and may not be in order as an amendment thereto, except to continue appropriations for public works and objects that are already in progress. This subparagraph does not apply to transfers of unexpended balances with- in the department or agency for which they were originally appropriated that are reported by the Committee on Appropriations.
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[Notes]
§1043. History of clause 2 of rule XXI.
* * * * * * *
Paragraph (a)(2) (formerly clause 6), from section 139(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190f(c)), was made part of the standing rules in the 83d Congress (Jan. 3, 1953, p. 24). Previously, a reappropriation of an unexpended balance for an object authorized by law was in order on a general appropriation bill (IV, 3591, 3592; VII, 1156, 1158). This provision was amended in the 99th Congress by section 228(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99–177) to permit the Committee on Appropriations to report transfers of unexpended balances within the department or agency for which originally appropriated.
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§ 1063. Reappropriations.
This clause was amended in the 99th Congress by section 228(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99–177) to permit the Committee on Appropriations to report certain transfers of unexpended balances. Consistent with clause 2 of rule XXI, and as codified in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47), violations of this clause are enforced only against specific provisions in general appropriation bills containing reappropriations rather than against consideration of the bill (see Deschler, ch. 25, § 3).
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Budget Counsel 