Deficit Control Act of 1985

Balanced Budget and Emergency Deficit Control Act of 1985

Section 250

Title II—Deficit Reduction Procedures 

PART C—EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT

SEC. 250. TABLE OF CONTENTS; STATEMENT OF BUDGET ENFORCEMENT THROUGH SEQUESTRATION; DEFINITIONS.^[1] 

(a) Table of Contents.—

Sec. 250. Table of contents; budget enforcement statement; definitions.
Sec. 251. Enforcing discretionary spending limits.
Sec. 251A. Enforcement of budget goal.
Sec. 252. Enforcing pay-as-you-go.
Sec. 253. Enforcing deficit targets.
Sec. 254. Reports and orders.
Sec. 255. Exempt programs and activities.
Sec. 256. General and special sequestration rules.
Sec. 257. The baseline.
Sec. 258. Suspension in the event of war or low growth.
Sec. 258A. Modification of presidential order.
Sec. 258B. Alternative defense sequestration.
Sec. 258C. Special reconciliation process.

(b) General Statement of Budget Enforcement Through Sequestration.—This part provides for budget enforcement as called for in House Concurrent Resolution 84^[2] (105th Congress, 1st session).

(c) Definitions.—As used in this part:

(1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 and “discretionary spending limit” shall mean the amounts specified in section 251 of this Act.

(2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law.

(3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be.

(4)(A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B).^[3]

(B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs).^[4]

(C) The term “discretionary category” includes all discretionary appropriations.

(D) The term “revised security category” means discretionary appropriations in budget function 050.

(E) The term “revised nonsecurity category” means discretionary appropriations other than in budget function 050.

(F) The term “category” means the subsets of discretionary appropriations in section 251(c). Discretionary appropriations in each of the categories shall be those designated in the joint explanatory statement accompanying the conference report on the Balanced Budget Act of 1997. New accounts or activities shall be categorized only after consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate and that consultation shall, to the extent practicable, include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to new accounts or activities.

(5) The term “baseline” means the projection (described in section 257) of current.—year levels of new budget authority, outlays, receipts, and the surplus or deficit into the budget year and the outyears.

(6) The term “budgetary resources” means new budget authority, unobligated balances, direct spending authority, and obligation limitations.

(7) The term “discretionary appropriations” means budgetary resources (except to fund direct spending programs) provided in appropriation Acts.

(8) The term “direct spending” means—

(A) budget authority provided by law other than appropriation Acts;

(B) entitlement authority; and

(C) the Supplemental Nutrition Assistance Program.

(9) The term “current” means, with respect to OMB estimates included with a budget submission under section 1105(a) of title 31, United States Code, the estimates consistent with the economic and technical assumptions underlying that budget and with respect to estimates made after that budget submission that are not included with it, estimates consistent with the economic and technical assumptions underlying the most recently submitted President’s budget.

(10) The term “real economic growth”, with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions.

(11) The term “account” means an item for which appropriations are made in any appropriation Act and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the President’s budget.

(12) The term “budget year” means, with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins.^[5]

(13) The term “current year” means, with respect to a budget year, the fiscal year that immediately precedes that budget year.^[6]

(14) The term “outyear” means a fiscal year one or more years after the budget year.

(15) The term “OMB” means the Director of the Office of Management and Budget.

(16) The term “CBO” means the Director of the Congressional Budget Office.

(17) As used in this part, all references to entitlement authority shall include the list of mandatory appropriations included in the joint explanatory statement of managers accompanying the conference report on the Balanced Budget Act of 1997.

(18) The term “deposit insurance” refers to the expenses of the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates.

(19) The term “asset sale” means the sale to the public of any asset (except for those assets covered by title V of the Congressional Budget Act of 1974), whether physical or financial, owned in whole or in part by the United States.

(20) The term “emergency” means a situation that—

(A) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and

(B) is unanticipated.

(21) The term “unanticipated” means that the underlying situation is—

(A) sudden, which means quickly coming into being or not building up over time;

(B) urgent, which means a pressing and compelling need requiring immediate action;

(C) unforeseen, which means not predicted or anticipated as an emerging need; and

(D) temporary, which means not of a permanent duration.

Previous: Section 241 (BBEDCA)	Next: Section 251 (BBEDCA)

Counsel Notes

Statutory Pay-as-you-Go act of 2010

Certain provisions in the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) are employed by the Statutory Pay-As-You-Go Act of 2010 (S-Paygo)  for its enforcement structure to work. For purposes of the “Statutory Pay-As-You-Go Act of 2010” (the title I of Pub. L. 111–139; enacted February 12, 2010; 124 Stat. 8), the provisions of sections 255, 256, 257, and 274 of BBEDCA (as amended by that S-Paygo) also apply to the provisions of Title I of that Act. See section 8 of S-Paygo (Pub. L. 111–139) relating to the application of BBEDCA.

Description from the Joint Explanatory Statement of the Budget Enforcement Act of 1990

Section 13101 of the Budget Enforcement Act of 1990 (BEA 1990) added section 250. Before this amendment “definitions” were found in section 257 (BBEDCA), which was reformatted as “The Baseline”. BEA 1990 transferred the definitions to subsection (c) of section 250 of BBEDCA. The definitions previously in section 257 are included below under the heading: Notes: Section 257 Definitions Prior to the BEA 1990.

Budget Enforcement Act of 1990

Joint Statement H. Rpt. 101-964

TITLE XIII-BUDGET ENFORCEMENT

DEFINITION

Current law

Section 257 of Gramm-Rudman-Hollings defined the terms “automatic spending increase,” “budget outlays,” “budget authority,” “concurrent resolution on the budget,” “deficit,” “maximum deficit amount,” “real economic growth,” “sequester,” “sequestration,” “account,” “sequesterable resource,” “margin,” “prepayment of a loan,” “outlay rate,” and “combined outlay rate.”

Specifically, section 257 defines “margin” to mean $10 billion for fiscal years 1988 through 1992 and zero for fiscal year 1993. If the deficit exceeds the Gramm-Rudman-Hollings targets by less then the margin through fiscal year 1992, a sequester order is not triggered.

House bill

The House bill moves the definitions section to a new section 250 and retains or revises the definitions of “outlays,” “budget authority,” “maximum deficit amount,” “real economic growth,” “sequester,” “sequestration,” “account,” and “prepayment of a loan.” The House bill adds to the definitions section new definitions for “breach,” “category,” “baseline,” “budgetary resources,” “discretionary appropriations,” “direct spending,” “current,” “sale of an asset,” “budget year,” “current year,” “outyear,” “OMB,” and “CBO,” but strikes definitions for “automatic spending increase,” “concurrent resolution on the budget,” “deficit,” sequesterable resources,” “outlay rate,” and “combined outlay rate.” Finally, the House bill redefines “margin” to mean $15 billion for fiscal year 1994 and 1995 (minus any authorized outlay adjustments).

Senate amendment

The Senate amendment redefines “margin” to mean zero for fiscal years 1991 through 1993 and $15 billion for fiscal years 1994 and 1995. Other than in the definition of “Margin,” the Senate amendment makes no changes in the Gramm-Rudman-Hollings definitions.

Conference agreement

The conference agreement accepts the definition changes proposed by the House, except that no definition of “sale of an asset” is provided. Additionally “margin” is redefined to mean zero for fiscal years 1992 and 1993 and $15 billion for fiscal years 1994 1995.

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Legislative History Notes

Public Laws

Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–574 (The Budget Enforcement Act of 1990). The BEA added §250 to  title II of the Balanced Budget and Emergency Deficit Control Act of 1985 (Pub. L. 99–177) as a new section combining definitions from other sections of the law. 

Pub. L. 100–119, title I, §102(b)(7), Sept. 29, 1987, 101 Stat. 774 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) amended Pub. L. 99–177, title II, §250(c)(21) (Balanced Budget and Emergency Deficit Control Act of 1985), formerly §257(12), as added by renumbered §250(c)(21). The Balanced Budget and Emergency Deficit Control Act of 1985 was amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, which added the definition of the “sale of an asset”.

Pub. L. 105–33, title X, §§10202, 10204(a)(2), 10208(a)(2), Aug. 5, 1997, 111 Stat. 697, 702, 708 amended Pub. L. 99–177, title II, §275, Dec. 12, 1985, 99 Stat. 1063 (Part C of the Balanced Budget and Emergency Deficit Control Act of 1985), as amended by Pub. L. 101–508, title XIII, §13101(b), Nov. 5, 1990, 104 Stat. 1388–589 (BEA 1990). This indicates that the BEA 1997 amended BBEDCA, as amended by BEA 1990.

Pub. L. 105–178, title VIII, §8101(c), (f), June 9, 1998, 112 Stat. 107, 489 (Transportation Equity Act for the 21^st Century).

Pub. L. 105–206, title IX, §9013(b), July 22, 1998, 112 Stat. 685, 865 (Internal Revenue Service Restructuring Act of 1998).

Pub. L. 106–291, title VIII, §801(c), Oct. 11, 2000, 114 Stat. 922, 1028 (Department of Interior Appropriations, Fiscal Year 2001).

Pub. L. 108–88, §10(c), Sept. 30, 2003, 117 Stat. 1110, 1127 (Surface Transportation Extension Act of 2003).

Pub. L. 108–310, §10(c), Sept. 30, 2004, 118 Stat. 1144, 1160 (Surface Transportation Extension Act of 2004, Part V).

Pub. L. 109–59, title VIII, §8001(b), Aug. 10, 2005, 119 Stat. 1144, 1915 (Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users).

Pub. L. 111–139, title I, §9(a), Feb. 12, 2010, 124 Stat. 21 (Statutory Pay-As-You-Go Act of 2010).

Pub. L. 112–25, title I, §102, Aug. 2, 2011, 125 Stat. 245  (Budget Control Act of 2011).

Pub. L. 113–67, div. A, title I, §101(d)(1), Dec. 26, 2013, 127 Stat. 1168 (Bipartisan Budget Act of 2013).

References in Text

House Concurrent Resolution 84, referred to in subsection (b), is H. Con. Res. 84, June 5, 1997, 111 Stat. 2710, is the concurrent resolution on the budget for fiscal year 1998. It is not classified to the U.S. Code.

The Balanced Budget Act of 1997, referred to in subsection (c)(4)(F), (17), is Pub. L. 105–33, Aug. 5, 1997, 111 Stat. 251. The short title of title X of this Act is the Budget Enforcement Act of 1997.

The Congressional Budget Act of 1974 (CBA), referred to in subsection (c)(19), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297 , as amended. Title V of the Act, known as the Federal Credit Reform Act of 1990, was added by Budget Enforcement Act of 1990 (Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609).  The CBA s classified in the U.S. Code, generally, to subchapter III (§661 et seq.) of chapter 17A of Title 2.

Section 13101(b) the Budget Enforcement Act of 1990 (Pub. L. 101–508) transferred section 257(12) of BBEDCA (Pub. L. 99-177, as enacted), as it existed before BEA 1990 enactment, to  the former subsection (c)(21) (now (c)(19)) of this section. This transferred section defined “the sale of an asset” means.

Amendments

2013

Subsection (c)(4)(D) to (F).

Pub. L. 113–67 added subparagraphs (D) to (F).

2011

Subsection (c)(4).

Pub. L. 112–25, §102(1), added paragraph (4) and struck out former paragraph (4) which defined the terms “category”, “highway category”, “mass transit category”, “conservation spending category”, “Federal and State Land and Water Conservation Fund sub.—category”, “State and Other Conservation sub.—category”, “Urban and Historic Preservation sub.—category”, “Payments in Lieu of Taxes sub.—category”, “Federal Deferred Maintenance sub.—category”, and “Coastal Assistance sub.—category” and provided a special rule for outlays in excess of the discretionary spending limit for the highway or mass transit category.

Subsection (c)(8)(C).

Pub. L. 112–25, §102(2), substituted “the Supplemental Nutrition Assistance Program” for “the food stamp program”.

Subsection (c)(14).

Pub. L. 112–25, §102(3), added paragraph (14) and struck out former paragraph (14) which read as follows: “The term ‘outyear’ means, with respect to a budget year, any of the first 4 fiscal years that follow the budget year.” After this amendment, the term “outyear” may mean any year following the “budget year”.

Subsection (c)(20), (21).

Pub. L. 112–25, §102(4), added paragraphs (20) and (21) setting out the definition of “emergencies” and “unanticipated”.

2010

Subsection (c)(18).

Pub. L. 111–139 substituted “the expenses of the Federal deposit insurance agencies” for “the expenses the Federal deposit insurance agencies”.

2005

Subsection (c)(4)(B).

Pub. L. 109–59, §8001(b)(1)(A), substituted “the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users:” for “the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2004, Part V and the Surface Transportation Extension Act of 2003:” in introductory provisions.

Subsection (c)(4)(B)(v) to (vii).

Pub. L. 109–59, §8001(b)(1)(B), added clause (v) to (vii).

Subsection (c)(4)(C).

Pub. L. 109–59, §8001(b)(2), added heading and text of subparagraph (C) and struck out former subparagraph (C) which provided that the term “mass transit category” referred to the budget accounts as listed in clause (i) to (vi) that were subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century, the Surface Transportation Extension Act of 2004, Part V, and the Surface Transportation Extension Act of 2003, or for which appropriations were provided pursuant to authorizations contained in those Acts, with certain exceptions, and that such term also referred to the Washington Metropolitan Transit Authority account (69–1128–0–1–401) only for fiscal year 1999 only for appropriations provided pursuant to authorizations contained in section 14 of Public Law 96–184 and Public Law 101–551.

2004

Subsection (c)(4)(B).

Pub. L. 108–310, §10(c)(1), inserted “and the Surface Transportation Extension Act of 2004, Part V” after “Century”.

Subsection (c)(4)(C).

Pub. L. 108–310, §10(c)(2)(A), inserted “and the Surface Transportation Extension Act of 2004, Part V” after “provided in the Transportation Equity Act for the 21st Century”.

Pub. L. 108–310, §10(c)(2)(B), which directed the substitution of “those Acts” for “that Act”, could not be executed because the words “that Act” did not appear subsequent to amendment by Pub. L. 108–88. See 2003 Amendment note below.

2003

Subsection (c)(4)(B).

Pub. L. 108–88, §10(c)(1), inserted “and the Surface Transportation Extension Act of 2003” after “Century”.

Subsection (c)(4)(C).

Pub. L. 108–88, §10(c)(2), inserted “and the Surface Transportation Extension Act of 2003” after “Century” the first place it appears and substituted “those Acts” for “that Act”.

2000

Subsection (c)(4)(E) to (K).

Pub. L. 106–291 added subparagraphs (E) to (K).

1998

Subsection (c)(4).

Pub. L. 105–178, §8101(c), designated existing provisions as subparagraph (A) and added subparagraphs (B) to (D).

Subsection (c)(4)(C).

Pub. L. 105–178, §8101(f), as added by Pub. L. 105–206, §9013(b), in introductory provisions, substituted “Century or” for “Century and” and “as amended by the Transportation Equity Act for the 21st Century” for “as amended by this section”, and inserted concluding provisions.

1997

Subsection (a).

Pub. L. 105–33, §§10204(a)(2), 10208(a)(2) (Budget Enforcement Act of 1997), amended table of contents. Subsection (b).

Pub. L. 105–33, §10202(a) (Budget Enforcement Act of 1997), substituted present text for former text which read as follows:

This subchapter provides for the enforcement of the deficit reduction assumed in House Concurrent Resolution 310 (101st Congress, second session) and the applicable deficit targets for fiscal years 1991 through 1995. Enforcement, as necessary, is to be implemented through sequestration.—

(1) to enforce discretionary spending levels assumed in that resolution (with adjustments as provided hereinafter);

(2) to enforce the requirement that any legislation increasing direct spending or decreasing revenues be on a pay-as-you-go basis; and

(3) to enforce the deficit targets specifically set forth in the Congressional Budget and Impoundment Control Act of 1974 (with adjustments as provided hereinafter);

applied in the order set forth above.

Subsection (c)(1).

Pub. L. 105–33, §10202(b)(1), struck out “(but including the treatment specified in section 907(b)(3) of Title 2 of the Hospital Insurance Trust Fund) and the terms ‘maximum deficit amount’ ” before “and ‘discretionary” and substituted “section 901” for “section 601 of that Act as adjusted under sections 901 and 903”.

Subsection (c)(4).

Pub. L. 105–33, §10202(b)(2), added paragraph (4) and struck out former paragraph (4) which read as follows:

(4) The term “category” means:

(A) For fiscal years 1991, 1992, and 1993, any of the following subsets of discretionary appropriations: defense, international, or domestic. Discretionary appropriations in each of the three categories shall be those so designated in the joint statement of managers accompanying the conference report on the Omnibus Budget Reconciliation Act of 1990. New accounts or activities shall be categorized in consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate.

(B) For fiscal years 1994 and 1995, all discretionary appropriations.

Contributions to the United States to offset the cost of Operation Desert Shield shall not be counted within any category.

Subsection (c)(6).

Pub. L. 105–33, §10202(b)(3), added paragraph (6) and struck out former paragraph (6) which read as follows:

“(6) The term ‘budgetary resources’ means.—

“(A) with respect to budget year 1991, new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; direct spending authority; and obligation limitations; or

“(B) with respect to budget year 1992, 1993, 1994, or 1995, new budget authority; unobligated balances; direct spending authority; and obligation limitations.”

Subsection (c)(9).

Pub. L. 105–33, §10202(b)(4), substituted “that budget submission that are not included with it” for “submission of the fiscal year 1992 budget that are not included with a budget submission”.

Subsection (c)(14).

Pub. L. 105–33, §10202(b)(5), inserted “first 4” before “fiscal years” and struck out “through fiscal year 1995” after “the budget year”.

Subsection (c)(17).

Pub. L. 105–33, §10202(b)(6), (7), redesignated paragraph (18) as (17), substituted “Balanced Budget Act of 1997” for “Omnibus Budget Reconciliation Act of 1990”, and struck out former paragraph (17) which read as follows:

“For purposes of sections 902 and 903 of Title 2, legislation enacted during the second session of the One Hundred First Congress shall be deemed to have been enacted before November 5, 1990.”

Subsection (c)(18).

Pub. L. 105–33, §10202(b)(6), (8), redesignated paragraph (19) as (18) and substituted “the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates.” for “of the Federal Deposit Insurance Corporation and the funds it incorporates, the Resolution Trust Corporation, the National Credit Union Administration and the funds it incorporates, the Office of Thrift Supervision, the Comptroller of the Currency Assessment Fund, and the RTC Office of Inspector General.” Former paragraph (18) redesignated (17).

Subsection (c)(19).

Pub. L. 105–33, §10202(b)(9), added paragraph (19) and struck out former paragraph (19) which read as follows:

“The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term ‘prepayment of a loan’ means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term ‘in advance’ shall mean in advance of the slowest payment schedule allowed under such law or contract.”

Pub. L. 105–33, §10202(b)(6), redesignated paragraph (21) as (19). Former paragraph (19) redesignated (18).

Subsection (c)(20).

Pub. L. 105–33, §10202(b)(6), struck out paragraph (20) which read as follows:

“The term ‘composite outlay rate’ means the percent of new budget authority that is converted to outlays in the fiscal year for which the budget authority is provided and subsequent fiscal years, as follows:

“(A) For the international category, 46 percent for the first year, 20 percent for the second year, 16 percent for the third year, and 8 percent for the fourth year.

“(B) For the domestic category, 53 percent for the first year, 31 percent for the second year, 12 percent for the third year, and 2 percent for the fourth year.”

Subsection (c)(21).

Pub. L. 105–33, §10202(b)(6), redesignated paragraph (21) as (19).

1990

Subsection (c)(21).

Pub. L. 101–508, §13101(b), redesignated section 907(12) of Title 2 as paragraph (21).

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective and Termination Dates

Section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 originally included the effective and termination dates, but it was repealed by the Budget Control Act of 2011. This means that BBEDCA, as amended, has no expiration date and continues in force until it is otherwise amended. The following were the effective and termination dates prior to its repeal.

Pub. L. 99–177, title II, §275, Dec. 12, 1985, 99 Stat. 1100 (BBEDCA 1985) as amended by Pub. L. 100–119, title I, §106(c), title II, §210(b), Sept. 29, 1987, 101 Stat. 780, 787 (BBEDCRA 1987). BBEDCA 1985, as enacted, provided that Part C of title II (relating to sections 251 et seq.) and other specified provisions would expire on September 30, 1991. BBEDCRA 1987 amended BBEDCA 1985, and extended the expiration date to September 30, 1993.

Pub. L. 101–508, title XIII, Nov. 5, 1990: §13112(b) at 104 Stat. 1388–608  and §13208(b) at 104 Stat. 1388-619 (Budget Enforcement Act of 1990). The BEA 1990 amended BBEDCA 1985 by extending the expiration date to September 30, 1995.

Pub. L. 103–66, title XIV, §14002(c)(3)(A), Aug. 10, 1993, 107 Stat. 684 (OBRA 1993) provided that, notwithstanding section 275(b) of Pub. L. 99–177 (BBEDCA 1985), sections 250, 251, 252, and 254 through 258C were to expire on Sept. 30, 1998. This was subsequently repealed by Pub. L. 105–33, title X, §10212(b), Aug. 5, 1997, 111 Stat. 712 (BEA 1997) – see below for the revision of the expiration dates by Budget Enforcement Act of 1997 (BEA 1997).

Pub. L. 105–33, title X, §10212(a), Aug. 5, 1997, 111 Stat. 712 (BEA 1997) provided that, except as otherwise provided in section 275, amendments by title II of Pub. L. 99–177 (BBEDCA 1985) were effective Dec. 12, 1985, and applicable to fiscal years beginning after Sept. 30, 1985; that amendment by section 201(a)(2) of Pub. L. 99–177 (amending section 622(2) of Title 2), and amendment by section 201(b) of Pub. L. 99–177 (insofar as it relates to section 302(c), (f), and (g) (CBA) and to section 310(c), (d), and (g) (CBA)), were effective April 15, 1986; that amendment by section 212 of Pub. L. 99–177 (amending section 652 of Title 2) was effective Feb. 1, 1986; that sections 251, 253, 258B, and 271(b) of Pub. L. 99–177 (sections 901, 903, and 907c of Title 2 and provisions set out as a note below), and sections 1105(f) and 1106(c) of title 31, United States Code, were to expire Sept. 30, 2002; that the remaining sections of part C of title II of Pub. L. 99–177 (enacting this subchapter) were to expire Sept. 30, 2006; and that amendments by part D of title II of Pub. L. 99–177 (amending section 911 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 911 of Title 42) were applicable as provided in that part.

Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246 (BCA 2011) repealed section 275 of BBEDCA in it’s entirety, which removed the expiration date, rendering all the provisions of BBEDCA permanent (without a termination date).

Short Title of 2013 Amendment

Pub. L. 113–67, div. A, §1(a), Dec. 26, 2013, 127 Stat. 1165 (BBA 2013) provided that:

“This division ^[5] may be cited as the ‘Bipartisan Budget Act of 2013’.”

Short Title of 2011 Amendment

Pub. L. 112–25, §1(a), Aug. 2, 2011, 125 Stat. 240 (BCA 2011) provided that:

Section 1. Short title; table of contents.

This Act [enacting section 901a of Title 2 and section 3101A of Title 31, Money and Finance, amending this section and sections 622, 645, 901, and 904 of Title 2, sections 1070a and 1087e of Title 20, Education, and section 3101 of Title 31, enacting provisions set out as notes under this section and sections 631 and 902 of Title 2 and section 1089 of Title 20, amending provisions set out as a note under section 621 of Title 2, and repealing provisions set out as a note under this section] may be cited as the ‘Budget Control Act of 2011’.

Short Title of 1997 Amendment

Pub. L. 105–33, title X, §10001(a), Aug. 5, 1997, 111 Stat. 677 (BEA 1997) provided that:

Sec. 10001. Short title; table of contents.

This title [enacting sections 645 and 645a of Title 2, amending this section, sections 601, 602, 622, 631 to 636, 639, 641 to 644, 651, 654, 661a, 661c to 661e, 691a, 691c, 691e, 901, 902, 904 to 907, and 922 of Title 2, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 652, 665 to 665e, 901a, and 908 of Title 2 and section 14212 of Title 42, enacting provisions set out as notes under this section and section 902 of Title 2, amending provisions set out as notes under this section and section 621 of Title 2, and repealing provisions set out as notes under this section and sections 621, 631, and 665 of Title 2] may be cited as the “Budget Enforcement Act of 1997”.

Short Title of 1990 Amendment

Pub. L. 101–508, title XIII, §13001(a), Nov. 5, 1990, 104 Stat. 1388–573 (BEA 1990) provided that:

“This title [enacting this section and sections 643, 661 to 661f, 665 to 665e, and 907a to 907d of Title 2, amending sections 601, 602, 622, 631 to 637, 639, 641, 642, 644, 651, 652, and 901 to 907 of Title 2, section 1022 of Title 15, Commerce and Trade, sections 1105, 1341, and 1342 of Title 31, Money and Finance, and section 401 of Title 42, The Public Health and Welfare, transferring section 921 of Title 2 to section 601(g) of Title 2, repealing section 909 of Title 2, enacting provisions set out as notes under this section and sections 621, 622, 632, 633, 665, and 902 of Title 2, and amending provisions set out as notes under this section and sections 621 and 632 of Title 2] may be cited as the ‘Budget Enforcement Act of 1990’.”

Short Title of 1987 Amendment

Pub. L. 100–119, title I, §101(b), Sept. 29, 1987, 101 Stat. 754 (BBEDCRA 1987) provided that:

This title [enacting section 908 of Title 2, amending sections 622, 632, 642, 901 to 907, and 922 of Title 2 and section 1105 of Title 31, Money and Finance, enacting provisions set out as notes under section 1395ww of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 901 of Title 2 and sections 1320b–8 and 1395ww of Title 42] may be cited as the “Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987”.

Short Title

Pub. L. 99–177, title II, §200(a), Dec. 12, 1985, 99 Stat. 1038 (BBEDCA 1985) provided that:

Sec. 200. Short title and table of contents.

(a) Short Title.—This title [enacting this chapter and sections 654 to 656 of Title 2, The Congress (U.S. Code), amending sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare (U.S. Code), repealing 2 U.S.C. 661, enacting provisions set out as notes under this section and section 911 of Title 42, and amending provisions set out as a note under 2 U.S.C. 621] may be cited as the “Balanced Budget and Emergency Deficit Control Act of 1985”.

Severability

Pub. L. 112–25, §2, Aug. 2, 2011, 125 Stat. 240 (BCA 2011) provided that:

Sec. 2 severability.

If any provision of this Act [see Short Title of 2011 Amendment note above], or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected.

Joint Select Committee on Deficit Reduction

The Budget Control Act of 2011 (BCA 2011) (Pub. L. 112–25, title IV, Aug. 2, 2011, 125 Stat. 259), as part of a bipartisan agreement to reduce budget deficits, established a Joint Select Committee on Deficit Reduction. In order to do so, the BCA 2011 provided the following:

“SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.

“(a) Definitions.—In this title:

“(1) Joint committee.—The term ‘joint committee’ means the Joint Select Committee on Deficit Reduction established under subsection (b)(1).

“(2) Joint committee bill.—The term ‘joint committee bill’ means a bill consisting of the proposed legislative language of the joint committee recommended under subsection (b)(3)(B) and introduced under section 402(a).

“(b) Establishment of Joint Select Committee.—

“(1) Establishment.—There is established a joint select committee of Congress to be known as the ‘Joint Select Committee on Deficit Reduction’.

“(2) Goal.—The goal of the joint committee shall be to reduce the deficit by at least $1,500,000,000,000 over the period of fiscal years 2012 to 2021.

“(3) Duties.—

“(A) In general.—

“(i) Improving the short-term and long-term fiscal imbalance.—The joint committee shall provide recommendations and legislative language that will significantly improve the short.—term and long.—term fiscal imbalance of the Federal Government.

“(ii) Recommendations of committees.—Not later than October 14, 2011, each committee of the House of Representatives and the Senate may transmit to the joint committee its recommendations for changes in law to reduce the deficit consistent with the goal described in paragraph (2) for the joint committee’s consideration.

“(B) Report, recommendations, and legislative language.—

“(i) In general.—Not later than November 23, 2011, the joint committee shall vote on—

“(I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee and the estimate of the Congressional Budget Office required by paragraph (5)(D)(ii); and

“(II) proposed legislative language to carry out such recommendations as described in subclause (I), which shall include a statement of the deficit reduction achieved by the legislation over the period of fiscal years 2012 to 2021.

Any change to the Rules of the House of Representatives or the Standing Rules of the Senate included in the report or legislative language shall be considered to be merely advisory.

“(ii) Approval of report and legislative language.—The report of the joint committee and the proposed legislative language described in clause (i) shall require the approval of a majority of the members of the joint committee.

“(iii) Additional views.—A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 3 calendar days in which to file such views in writing with the staff director of the joint committee. Such views shall then be included in the joint committee report and printed in the same volume, or part thereof, and their inclusion shall be noted on the cover of the report. In the absence of timely notice, the joint committee report may be printed and transmitted immediately without such views.

“(iv) Transmission of report and legislative language.—If the report and legislative language are approved by the joint committee pursuant to clause (ii), then not later than December 2, 2011, the joint committee shall submit the joint committee report and legislative language described in clause (i) to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority Leaders of each House of Congress.

“(v) Report and legislative language to be made public.—Upon the approval or disapproval of the joint committee report and legislative language pursuant to clause (ii), the joint committee shall promptly make the full report and legislative language, and a record of the vote, available to the public.

“(4) Membership.—

“(A) In general.—The joint committee shall be composed of 12 members appointed pursuant to subparagraph (B).

“(B) Appointment.—Members of the joint committee shall be appointed as follows:

“(i) The majority leader of the Senate shall appoint three members from among Members of the Senate.

“(ii) The minority leader of the Senate shall appoint three members from among Members of the Senate.

“(iii) The Speaker of the House of Representatives shall appoint three members from among Members of the House of Representatives.

“(iv) The minority leader of the House of Representatives shall appoint three members from among Members of the House of Representatives.

“(C) Co-Chairs.—

“(i) In general.—There shall be two Co-Chairs of the joint committee. The majority leader of the Senate shall appoint one Co.—Chair from among the members of the joint committee. The Speaker of the House of Representatives shall appoint the second Co.—Chair from among the members of the joint committee. The Co-Chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act [Aug. 2, 2011].

“(ii) Staff director.—The Co-Chairs, acting jointly, shall hire the staff director of the joint committee.

“(D) Date.—Members of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this Act.

“(E) Period of appointment.—Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the joint committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the joint committee and a vacancy shall exist.

“(5) Administration.—

“(A) In general.—To enable the joint committee to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the joint committee approved by the Co-Chairs, subject to the rules and regulations of the Senate.

“(B) Expenses.—In carrying out its functions, the joint committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11[(d)] of Public Law 79–304 (15 U.S.C. 1024(d)).

“(C) Quorum.—Seven members of the joint committee shall constitute a quorum for purposes of voting, meeting, and holding hearings.

“(D) Voting.—

“(i) Proxy voting.—No proxy voting shall be allowed on behalf of the members of the joint committee.

“(ii) Congressional budget office estimates.—The Congressional Budget Office shall provide estimates of the legislation (as described in paragraph (3)(B)) in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 (2 U.S.C. 639(a) and 601(f)) (including estimates of the effect of interest payment on the debt). In addition, the Congressional Budget Office shall provide information on the budgetary effect of the legislation beyond the year 2021. The joint committee may not vote on any version of the report, recommendations, or legislative language unless such estimates are available for consideration by all members of the joint committee at least 48 hours prior to the vote as certified by the Co-Chairs.

“(E) Meetings.—

“(i) Initial meeting.—Not later than 45 calendar days after the date of enactment of this Act [Aug. 2, 2011], the joint committee shall hold its first meeting.

“(ii) Agenda.—The Co-Chairs of the joint committee shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting.

“(F) Hearings.—

“(i) In general.—The joint committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable.

“(ii) Hearing procedures and responsibilities of co-chairs.—

“(I) Announcement.—The Co-Chairs of the joint committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the Co-Chairs determine that there is good cause to begin such hearing at an earlier date.

“(II) Written statement.—A witness appearing before the joint committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the Co-Chairs, following their determination that there is good cause for failure to comply with such requirement.

“(G) Technical assistance.—Upon written request of the Co-Chairs, a Federal agency shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties.

“(c) Staff of Joint Committee.—

“(1) In general.—The Co-Chairs of the joint committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate.

“(2) Ethical standards.—Members on the joint committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the joint committee and staff of the joint committee shall comply with the ethics rules of the Senate.

“(d) Termination.—The joint committee shall terminate on January 31, 2012.

“SEC. 402. EXPEDITED CONSIDERATION OF JOINT COMMITTEE RECOMMENDATIONS.

“(a) Introduction.—If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House.

“(b) Consideration in the House of Representatives.—

“(1) Referral and reporting.—Any committee of the House of Representatives to which the joint committee bill is referred shall report it to the House without amendment not later than December 9, 2011. If a committee fails to report the joint committee bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House or after the House has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint committee bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order.

“(2) Proceeding to consideration.—After the last committee authorized to consider a joint committee bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the joint committee bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the joint committee bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

“(3) Consideration.—The joint committee bill shall be considered as read. All points of order against the joint committee bill and against its consideration are waived. The previous question shall be considered as ordered on the joint committee bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint committee bill. A motion to reconsider the vote on passage of the joint committee bill shall not be in order.

“(4) Vote on passage.—The vote on passage of the joint committee bill shall occur not later than December 23, 2011.

“(c) Expedited Procedure in the Senate.—

“(1) Committee consideration.—A joint committee bill introduced in the Senate under subsection (a) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than December 9, 2011. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar.

“(2) Motion to proceed.—Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a joint committee bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the joint committee bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the joint committee bill at any time after the conclusion of such 2.—day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the joint committee bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint committee bill is agreed to, the joint committee bill shall remain the unfinished business until disposed of.

“(3) Consideration.—All points of order against the joint committee bill and against consideration of the joint committee bill are waived. Consideration of the joint committee bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the Majority and Minority Leaders or their designees. A motion further to limit debate on the joint committee bill is in order, shall require an affirmative vote of three.—fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the joint committee bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration.

“(4) No amendments.—An amendment to the joint committee bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint committee bill, is not in order.

“(5) Vote on passage.—If the Senate has voted to proceed to the joint committee bill, the vote on passage of the joint committee bill shall occur immediately following the conclusion of the debate on a joint committee bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of the joint committee bill shall occur not later than December 23, 2011.

“(6) Rulings of the chair on procedure.—Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint committee bill shall be decided without debate.

“(d) Amendment.—The joint committee bill shall not be subject to amendment in either the House of Representatives or the Senate.

“(e) Consideration by the Other House.—

“(1) In general.—If, before passing the joint committee bill, one House receives from the other a joint committee bill.—

“(A) the joint committee bill of the other House shall not be referred to a committee; and

“(B) the procedure in the receiving House shall be the same as if no joint committee bill had been received from the other House until the vote on passage, when the joint committee bill received from the other House shall supplant the joint committee bill of the receiving House.

“(2) Revenue measure.—This subsection shall not apply to the House of Representatives if the joint committee bill received from the Senate is a revenue measure.

“(f) Rules to Coordinate Action With Other House.—

“(1) Treatment of joint committee bill of other house.—If the Senate fails to introduce or consider a joint committee bill under this section, the joint committee bill of the House shall be entitled to expedited floor procedures under this section.

“(2) Treatment of companion measures in the senate.—If following passage of the joint committee bill in the Senate, the Senate then receives the joint committee bill from the House of Representatives, the House-passed joint committee bill shall not be debatable. The vote on passage of the joint committee bill in the Senate shall be considered to be the vote on passage of the joint committee bill received from the House of Representatives.

“(3) Vetoes.—If the President vetoes the joint committee bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.

“(g) Loss of Privilege.—The provisions of this section shall cease to apply to the joint committee bill if—

“(1) the joint committee fails to vote on the report or proposed legislative language required under section 401(b)(3)(B)(i) not later than November 23, 2011; or

“(2) the joint committee bill does not pass both Houses not later than December 23, 2011.

“SEC. 403. FUNDING.

“Funding for the joint committee shall be derived in equal portions from.—

“(1) the applicable accounts of the House of Representatives; and

“(2) the contingent fund of the Senate from the appropriations account ‘Miscellaneous Items’, subject to the rules and regulations of the Senate.

“SEC. 404. RULEMAKING.

“The provisions of Title 2 are enacted by Congress.—

“(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”

Habitat Conservation Activities Considered Within Coastal Assistance Subcategory

Pub. L. 108–7, div. B, title II, §214, Feb. 20, 2003, 117 Stat. 82 (Consolidated Appropriations Resolution, 2003) provided that:

“Sec. 213. (a) Hereafter, habitat conservation activities, enforcement and surveillance—cooperative enforcement and vessel monitoring, stock assessments—data collection, and highly migratory shark fishery research under the heading, ‘National Oceanic and Atmospheric Administration, Operations, Research and Facilities’, shall be considered to be within the ‘Coastal Assistance sub-category’ in [former] section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [former 2 U.S.C. 900(c)(4)(K)].

“(b) For fiscal year 2004 and thereafter, response and restoration activities, Cooperative Research, Protected Species activities, Endangered Species Act-Marine Mammals, Sea Turtles and Other Species, Endangered Species Act—Right Whales, Marine Mammal Protection, and Sea Grant (except for the fellowship program) under the heading, ‘National Oceanic and Atmospheric Administration, Operations, Research, and Facilities’, shall be considered to be within the ‘Coastal Assistance sub-category’ in [former] section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [former 2 U.S.C. 900(c)(4)(K)].

“(c) All references to outlays in title VIII of Public Law 106–291 [amending this section and section 901 of Title 2] are repealed.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 107–77, title II, Nov. 28, 2001, 115 Stat. 775 .

Purpose of Subtitle B of Title X of Pub. L. 105–33

Pub. L. 105–33, title X, §10201, Aug. 5, 1997, 111 Stat. 697 (BEA 1997) provided that:

The purpose of this subtitle [subtitle B (§§10201–10213) of title X of Pub. L. 105–33, amending this section, sections 901, 902, 904 to 907, and 922 of Title 2, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 901a and 908 of Title 2 and section 14212 of Title 42, enacting provisions set out as a note under section 902 of Title 2, and amending and repealing provisions set out as notes under this section] is to extend discretionary spending limits and pay-as-you-go requirements.

Restriction on Elimination or Reduction of Programs Relating to Energy and Water Development

Pub. L. 102–377, title V, §503, Oct. 2, 1992, 106 Stat. 1342 (Energy and Water Development Appropriations Act, 1993) provided that:

None of the programs, projects or activities as defined in the reports accompanying this Act or subsequent Energy and Water Development Appropriations Acts, may be eliminated or disproportionately reduced due to the application of ‘Savings and Slippage’, ‘general reduction’, or the provision of Public Law 99–177 ^[8] or Public Law 100–119^{[9] [10]} unless such reports expressly provide otherwise.

Waivers and Suspensions in the Senate

Pub. L. 99–177, title II, §271(b), Dec. 12, 1985, 99 Stat. 1094 (BBEDCA 1985) as amended by  Pub. L. 100–119, title II, §211, Sept. 29, 1987, 101 Stat. 787, (BBEDCRA 1987) provided that:

Sections 301(i), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 [sections 632(i), 633(c), 633(f), former 635(b), 641(d), 641(g), and 642(a) of Title 2] may be waived or suspended in the Senate only by the affirmative vote of three.—fifths of the Members, duly chosen and sworn. This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a) of this joint resolution [section 904(a) of Title 2].

Appeals of Rulings

Pub. L. 99–177, title II, §271(c), as added by Pub. L. 100–119, title II, §210(a), Sept. 29, 1987, 101 Stat. 787 provided that:

An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the Congressional Budget Act of 1974.^[11]

Exercise of Congressional Rulemaking Power

Pub. L. 103–66, title XIV, §14004, Aug. 10, 1993, 107 Stat. 685 (OBRA 1993) provided that:

Sec. 14004. Exercise of rule-making power.

The Congress enacts the provisions of this part [probably should be “this title”, amending sections 665, 901, 902, and 904 of Title 2, enacting provisions set out as notes under this section and section 902 of Title 2, and amending provisions set out as notes under section 665 of Title 2].—

(1) as an exercise of the rule.—making power of the Senate and the House of Representatives, respectively, and as such these provisions shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.

Pub. L. 101–508, title XIII, §13305, Nov. 5, 1990, 104 Stat. 1388–627 (BEA 1990) provided that:

Sec. 13305. Exercise of rulemaking power.

“This title and the amendments made by it are enacted by the Congress.—

“(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”

Pub. L. 100–119, title II, §213, Sept. 29, 1987, 101 Stat. 787 (BBEDCRA 1987), provided that:

sec. 213. exercise of rulemaking powers.

This Act and the amendments made by this Act, ^[12] other than those relating to the activities of the executive and judicial branches of the Government, are enacted by Congress.—

(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.

Pub. L. 99–177, title II, §271(d), formerly §271(c), Dec. 12, 1985, 99 Stat. 1094 (Balanced Budget and Emergency Deficit Control Act of 1985), as redesignated by Pub. L. 100–119, title II, §210(a), Sept. 29, 1987, 101 Stat. 787 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987), provided that:

“(c) Rulemaking Powers.—The provisions of Title 2, other than those relating to the activities of the executive and judicial branches of the Government, are enacted by the Congress.—

(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.”

Restoration of Trust Fund Investments; Funds Borrowed or Not Invested During Delays in Raising Public Debt Limit

For provisions restoring various trust and retirement funds administered by the Secretary of the Treasury to the position in which they would have been if debt limit increases had been delayed, including transferring amounts to the funds to compensate those funds for current and prospective losses arising from premature redemption of some long term securities when the debt limit was reached, see notes set out under section 3101 of Title 31, Money and Finance.

Executive Order No. 12857

Ex. Ord. No. 12857, Aug. 4, 1993, 58 F.R. 42181, which provided for direct spending targets for fiscal years 1994 through 1997, expired at the end of fiscal year 1997.

Ex. Ord. No. 12858. Deficit Reduction Fund

Ex. Ord. No. 12858, Aug. 4, 1993, 58 F.R. 42185, provided:

By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections 1104 and 1105 of title 31, United States Code, it is hereby ordered as follows:

Section 1. Purpose. It is essential to guarantee that the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103–66, see Tables for classification] is dedicated exclusively to reducing the deficit.

Sec. 2. Deficit Reduction Fund.

(a) Establishment of the Fund. There is established a separate account in the Treasury, known as the Deficit Reduction Fund, which shall receive the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103–66, see Tables for classification] as called for in subsection (b) of this order.

(b) Amounts in Fund. Beginning upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993], the Deficit Reduction Fund shall receive any increases in total revenues resulting from enactment of such Act on a daily basis. In addition, on a daily basis, the Secretary of the Treasury shall enter into such account an amount equivalent to the net deficit reduction achieved as a result of all spending reductions resulting from such Act. The cumulative fiscal year amounts for the combination of all such revenue increases and spending reductions shall be equal to:

(1) for fiscal year 1994, $60,292,000,000;

(2) for fiscal year 1995, $70,437,000,000;

(3) for fiscal year 1996, $92,061,000,000;

(4) for fiscal year 1997, $125,881,000,000;

(5) for fiscal year 1998, $146,939,000,000.

Within 30 days of enactment of the Omnibus Budget Reconciliation Act of 1993, the foregoing amounts may be adjusted by the Director of the Office of Management and Budget to reflect the final scoring of such Act.

(c) Status of Amounts in Fund. (i) The amounts in the Deficit Reduction Fund shall be used exclusively to redeem maturing debt obligations of the Treasury of the United States held by foreign governments in the amounts specified in subsection (b).

(ii) The amounts in the Deficit Reduction Fund as set forth in subsection (b) that result from increases in total revenues and spending reductions shall not be available for new spending or to finance measures that increase the deficit for purposes of budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901–922 [900–922]).

(d) Effect on Other Funds. Establishment of and transfers to the Deficit Reduction Fund shall not affect trust fund transfers that may be authorized or required by provisions of the Omnibus Reconciliation Act of 1993 or any other provision of law.

Sec. 3. Requirement for the President To Report Annually on the Status of the Fund. The Director of the Office of Management and Budget shall include in the President’s Budget transmitted under section 1105 of title 31, United States Code, information about the Deficit Reduction Fund, including a separate statement of amounts in and Federal debt redeemed by that Fund.

Sec. 4. Implementation. The Secretary of the Treasury and the Director of the Office of Management and Budget shall each take such actions as may be necessary, within their respective authorities, promptly to carry out this order.

Sec. 5. Effective Date. This order shall take effect upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993].

William J. Clinton.

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Notes from the Budget Enforcement Act of 1990

From the Joint Explanatory Statement of Managers on the Conference Report) H. Rept. 101-964)

DEFINITION

Current Law

Section 257 of Gramm-Rudman-Hollings defined the terms “automatic spending increase,” “budget outlays,” “budget authority,” “concurrent resolution on the budget,” “deficit,” “maximum deficit amount,” “real economic growth,” “sequester,” “sequestration,” “account,” “sequesterable resource,” “margin,” “pre-payment of a loan,” “outlay rate,” and “combined outlay rate.”

Specifically, section 257 defines “margin” to mean $10 billion for fiscal years 1988 through 1992 and zero for fiscal year 1993. If the deficit exceeds the Gramm-Rudman-Hollings targets by less then the margin through fiscal year 1992, a sequester or-der is not triggered.

House Bill

The House bill moves the definitions section to a new section 250 and retains or revises the definitions of “outlays,” “budget authority,” “maximum deficit amount,” “real economic growth,” “sequester,” “sequestration,” “account,” and “prepayment of a loan.” the House bill adds to the definitions section new definitions for “breach,” “category,” “baseline,” “budgetary resources,” “discretionary appropriations,” “direct spending,” “current,” “sale of an asset,” “budget year,” “current year,” “outyear,” “OMB,” and “CBO,” but strikes definitions for “automatic spending increase,” “concurrent resolution on the budget,” “deficit,” sequesterable resources,” “outlay rate,” and “combined outlay rate.” Finally, the House bill redefines “margin” to mean $15 billion for fiscal year 1994 and 1995 (minus any authorized outlay adjustments).

Senate Amendment

The Senate amendment redefines “margin” to mean zero for fiscal years 1991 through 1993 and $15 billion for fiscal years 1994 and 1995. Other than in the definition of “Margin,” the Senate amendment makes no changes in the Gramm-Rudman-Hollings definitions.

Conference Agreement

The conference agreement accepts the definition changes pro-posed by the House, except that no definition of “sale of an as-set” is provided. Additionally “margin” is redefined to mean zero for fiscal years 1992 and 1993 and $15 billion for fiscal years 1994 1995.

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Notes: Section 257 Definitions Prior to the BEA 1990

The Budget Enforcement Act of 1990 (BEA 1990) transferred the definitions section from 257 of BBEDCA to a newly created section 250. The definitions as they were set out in section 257 before the enactment of the BEA 1990 were as follows:

SEC. 257. DEFINITIONS.

For purposes of this title:

(1)The term “automatic spending increase” (except as otherwise provided in sections 255 and 256) means increases in budget outlays due to changes in indexes in the following Federal programs:

National Wool Act (12-4336–0-3-351);

Special milk program (12-3502-0-1-605); and

Vocational rehabilitation (91-0301-0-1-506).

For purposes of the preceding provisions of this paragraph, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government, 1986-Appendix.

(2) The terms “budget outlays” and “budget authority” have the meaning given to such terms in sections 3(1) and 3(2), respectively, of the Congressional Budget and Impoundment Control Act of 1974.

(3) The term “concurrent resolution on the budget” has the meaning given to such term in section 3(4) of the Congressional Budget and Impoundment Control Act of 1974.

(4) The term “deficit” has the meaning given to such term in section 3(6) of the Congressional Budget and Impoundment Control Act of 1974.

(5) The term “maximum deficit amount”, with respect to any fiscal year, means the maximum deficit amount for such fiscal year determined under section 3(7) of the Congressional Budget and Impoundment Control Act of 1974.

(6) The term “real economic growth”, with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions.

(7) The terms “sequester” and “sequestration” (subject to section 252(a)(4)) refer to or mean the reduction or cancellation of new budget authority; unobligated balances, new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined m section 401(c)(2) of the Congressional Budget Act of 1974; and obligation limitations.

(8) The term “account” means an item for which appropriations are made in any appropriation Act used to determine the budget base, and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the Appendix to the President’s budget.

(9) The term “sequesterable resource” means new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974; and obligation limitations for budget accounts, programs, projects, and activities that are not exempt from reduction or sequestration under this part.

(10) The term “margin” means $10,000,000,000 with respect to each of fiscal years 1988 through 1992 and zero with respect to fiscal year 1993.

(11) As used in this part, all references to section 401(c)(2) of the Congressional Budget Act of 1974 shall include (but are not limited to) payments to any person or government under terms of law for the following programs:

(A) Claims, defense (97-0102-0-1-051).

(B) Veterans compensation (36-0153-0-1-701).

(C) Veterans pensions (36-0154-0-1-701).

(D) Burial benefits and miscellaneous assistance (36- 155-0-1-701).

(E) Readjustment benefits (36-0137-0-1-702).

(F) Loan guaranty revolving fund (86-4025-0-3-704).

(G) Guaranteed student loans (91-0230-0-1-502).

(H) Social services block grant (75-1634-0-1-506).

(I) Family social services (75-1645-0-1-506).

(J) Rehabilitation services and handicapped research (91-0301-0-1-506).

(K) Grants to States for medicaid (75-0512-0-1-551).

(L) Special benefits for disabled coal miners (75-0409-0- 1-601).

(M) Black lung disability trust fund (20-8144-0-7-601).

(N) Special benefits (16-1521-0-1-602).

(O) Federal unemployment benefits and allowances (16-0326-0-1-603).

(P) Supplemental security income program (75-0406-0- 1-609).

(Q) Family support payments to States (75-1501-0-1- 609).

(R) Food stamp program (12-3505-0-1-605).

(S) Child nutrition programs (12-3539-0-1-605).

(T) Retired pay, coast guard (69-0241-0-1-403).

(U) Government payment for annuitants, employees health benefits (24-0206-0-1-551).”.

(12) The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term “prepayment of a loan” means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term “in advance” shall mean in advance of the slowest payment schedule allowed under such law or contract.”

(13) The term “outlay rate”, with respect to any budget account, program, project, or activity, means-

(A) the ratio of outlays resulting in the fiscal year involved from new budgetary resources for such budget account, program, project, or activity to such new budgetary resources; or

(B) the ratio of outlays resulting in the fiscal year involved from unobligated balances for such budget account, program, project, or activity to such unobligated balances.

(14) The term “combined outlay rate”, with respect to any budget account, program, project, or activity, means the weighted average (by budgetary resources) of the ratios determined under subparagraphs (A) and (B) of paragraph (13) for such budget account, program, project, or activity.

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Section 401 of the Congressional Budget Act of 1974

Prior to its Amendment by the Budget Enforcement Act of  1997, section 401 read as follows:

bills providing authority new spending

Sec. 401. (a) Controls on Legislation Providing Spending Authority.— It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2)(A) or (B), unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2) (A) or (B) is to be effective for any fiscal year only to such extent or In such amounts as are provided in appropriation Acts.

(b) Legislation Providing Entitlement Authority.—

(1) It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2)(C) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported.

(2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c)(2)(C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year If such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropriations of that House with instructions to report It, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of either House falls to report a bill or resolution referred to It under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the appropriate calendar.

(3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or resolution referred to It under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution.

(c) Definitions.—

(1) For purposes of this section, the term “new spending authority” means spending authority not provided by law on the effective date of this Act, including any increase in or addition to spending authority provided by law on such date.

(2) For purposes of paragraph (1), the term “spending authority” means authority (whether temporary or permanent)—

(A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts;

(B) to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is liable, the budget authority for which is not provided in advance by appropriation Acts;

(C) to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriations Acts to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law;

(D) to forgo the collection by the United States of proprietary offsetting receipts, the budget authority for which Is not provided in advance by appropriation Acts to offset such forgone receipts; and

(E) to make payments by the United States (including loans, grants, and payments from revolving funds) other than those covered by subparagraph (A), (B), (C), or (D), the budget authority for which is not provided in advance by appropriation Acts.

Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government.

(d) Exceptions.—

(1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived—

(A) from a trust fund established by the Social Security Act (as in effect on the date of the enactment of this Act ; or

(B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under specified provisions of the Internal Revenue Code of 1954.

(2) Subsections (a) and (b) shall not apply to new spending authority, which is an amendment to or extension of the State and Local Fiscal Assistance Act of 1972, or a continuation of the program of fiscal assistance to State and local governments provided by that Act, to the extent provided in the bill or resolution providing such authority.

(3) Subsections (a) and (b) shall not apply to new spending authority to the extent that—

(A) the outlays resulting therefrom are made by an organization which is

(i) a mixed-ownership Government corporation (as defined in section 201 of the Government Corporation Control Act, or

(ii) a wholly owned Government corporation (as defined in section 101 of such Act which is specifically exempted by law from compliance with any or all of the provisions of that Act, as of the date of enactment of the Balanced Budget and Emergency Deficit Control Act of 1985; or

(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.

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Definitions as Originally Enacted by the Balanced Budget and Emergency Deficit Control Act of 1985

Section 257 of the the Balanced Budget and Emergency Deficit Control Act of 1985:

SEC. 257. DEFINITIONS.

For purposes of this title:

(1)The term “automatic spending increase” (except as otherwise provided in sections 255 and 256) means—

(A) increases in budget outlays due to changes in indexes in the following Federal programs:

Black lung benefits (20-8144-0-7-601);

Central Intelligence Agency retirement and disability system fund (56-3400-0-1-054);

Civil service retirement and disability fund (24-8135- 0-7-602);

Comptrollers general retirement system (05-0107-0- 1-801);

Foreign service retirement and disability fund (19- 8186-0-7-602);

Judicial survivors’ annuities fund (10-8110-0-7-602);

Longshoremen’s and harborworkers’ compensation benefits (16-9971-0-7-601);

Military retirement fund (97-8097-0-7-602);

National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306); 

Pensions for former Presidents (47-0105–0-1-802); Rail-road retirement tier II (60-8011-0-7-601); Retired pay, Coast Guard (69-0241-0-1-408); Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1- 551);

Special benefits, Federal Employees’ Compensation Act (16-1521-0-1-600);

Special benefits for disabled coal miners (75-0409-0- 1-601); and

Tax Court judges survivors annuity fund (23-8115-0- 7-602); and

(B) increases in budget outlays due to changes in indexes in the following Federal programs:

National Wool Act (12-4336–0-3-351); Special milk program (12-3502-0-1-605); and

Vocational rehabilitation (91-0301-0-1-506).

For purposes of the preceding provisions of this paragraph, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government, 1986-Appendix.

(2) The terms “budget outlays” and “budget authority” have the meaning given to such terms in sections 3(1) and 3(2), respectively, of the Congressional Budget and Impoundment Control Act of 1974.

(3) The term “concurrent resolution on the budget” has the meaning given to such term in section 3(4) of the Congressional Budget and Impoundment Control Act of 1974.

(4) The term “deficit” has the meaning given to such term in section 3(6) of the Congressional Budget and Impoundment Control Act of 1974.

(5) The term “maximum deficit amount”, with respect to any fiscal year, means the maximum deficit amount for such fiscal year determined under section 3(7) of the Congressional Budget and Impoundment Control Act of 1974.

(6) The term “real economic growth”, with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions.

(7) The terms “sequester” and “sequestration” (subject to section 252(a)(4)) refer to or mean the cancellation of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, and spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, and the reduction of obligation limitations.

(8) The term “account” means an item for which appropriations are made in any appropriation Act used to determine the budget base, and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the Appendix to the President ‘s budget.

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The Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987

After BBEDCA was found unconstitutional, Congress enacted a revised version of the law, the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987. This Act included the following sections amending section 257, which included the definitions of terms before they were transferred to section 250: 

SEC. 102. AUTOMATIC TRIGGER FOR FISCAL YEARS 1988 THROUGH 1993; 0MB AND CBO REPORTS; PRESIDENTIAL ORDER; COMPUTATION OF BUDGET BASE; SEQUESTRATION RULES FOR FISCAL YEARS 1988 THROUGH 1993.

(b) Conforming Amendments.—

*                      *                      *                      *                      *                      *                      *

(4) Definition of sequestration.—Section 257(7) of the Act is amended to read as follows:

“(7) The terms ‘sequester’ and ‘sequestration’ (subject to section 252(a)(4)) refer to or mean the reduction or cancellation of new budget authority; unobligated balances, new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined m section 401(c)(2) of the Congressional Budget Act of 1974; and obligation limitations.”.

(5) Definition of sequesterable resource.—Section 257 of the Act is amended by adding after paragraph (8) the following new paragraph:

“(9) The term ‘sequesterable resource’ means new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974; and obligation limitations for budget accounts, programs, projects, and activities that are not exempt from reduction or sequestration under this part.”.

(6) Clarifying amendment respecting appropriated entitlements.—Section 257 of the Act is amended by adding after paragraph (10) the following new paragraph:

“(11) As used in this part, all references to section 401(c)(2) of the Congressional Budget Act of 1974 shall include (but are not limited to) payments to any person or government under terms of law for the following programs:

“(A) Claims, defense (97-0102-0-1-051).

“(B) Veterans compensation (36-0153-0-1-701).

“(C) Veterans pensions (36-0154-0-1-701).

“(D) Burial benefits and miscellaneous assistance (36- 155-0-1-701).

“(E) Readjustment benefits (36-0137-0-1-702).

“(F) Loan guaranty revolving fund (86-4025-0-3-704).

“(G) Guaranteed student loans (91-0230-0-1-502).

“(H) Social services block grant (75-1634-0-1-506).

“(I) Family social services (75-1645-0-1-506).

“(J) Rehabilitation services and handicapped research (91-0301-0-1-506).

“(K) Grants to States for medicaid (75-0512-0-1-551).

“(L) Special benefits for disabled coal miners (75-0409-0- 1-601).

“(M) Black lung disability trust fund (20-8144-0-7-601).

“(N) Special benefits (16-1521-0-1-602).

“(O) Federal unemployment benefits and allowances (16-0326-0-1-603).

“(P) Supplemental security income program (75-0406-0- 1-609).

“(Q) Family support payments to States (75-1501-0-1- 609).

“(R) Food stamp program (12-3505-0-1-605).

“(S) Child nutrition programs (12-3539-0-1-605).

“(T) Retired pay, coast guard (69-0241-0-1-403).

“(U) Government payment for annuitants, employees health benefits (24-0206-0-1-551).”.

(7) Definitions of asset sale and loan prepayment.—Section 257 of the Act is amended by adding after paragraph (11) the following new paragraph:

“(12) The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term ‘prepayment of a loan’ means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term ‘in advance’ shall mean in advance of the slowest payment schedule allowed under such law or contract.”.

(8) Definition of outlay rate.—Section 257 of the Act is amended by adding after paragraph (12) the following new paragraphs:

“(13) The term ‘outlay rate’, with respect to any budget account, program, project, or activity, means-

“(A) the ratio of outlays resulting in the fiscal year involved from new budgetary resources for such budget account, program, project, or activity to such new budgetary resources; or

“(B) the ratio of outlays resulting in the fiscal year involved from unobligated balances for such budget account, program, project, or activity to such unobligated balances.

“(14) The term ‘combined outlay rate’, with respect to any budget account, program, project, or activity, means the weighted average (by budgetary resources) of the ratios determined under subparagraphs (A) and (B) of paragraph (13) for such budget account, program, project, or activity.”.

Section 104: EXEMPT PROGRAMS AND ACTIVITIES

(c) Conforming Amendments.—(1) […]

(2) Paragraph (1) of section 257 of the Act is amended by striking out subparagraph (A), by striking out the dash, and by striking out “(B)”.

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Endnotes

[1] This section is classified to the U.S. Code at 2. U.S.C. 900.

[2] House Concurrent Resolution 84 provided for the conference report on the Concurrent Budget Resolution on the Budget for Fiscal Year 1998 which provided for the Bipartisan Budget Agreement announced by President William J. Clinton and the Bipartisan Congressional Leadership on May 2, 1997 and finalized on May 15, 1997. That resolution provided for reconciliation instructions to various Congressional Committees which resulted in the enactment of the Balanced Budget Act of 1997.

[3] The term “security category” is not used in current budget law. It and the term “nonsecurity category” was initially used by the Budget Control Act of 2011 (Pub. L. 112-25) to indicate a separate discretionary spending limit for these two defined terms on the condition that legislation reported by the Joint Select Committee on Deficit Reduction was enacted to reduce the ten-year deficit. When that condition was not met and the Joint Committee terminated without reporting any legislation, the security and nonsecurity categories, set forth in section 251 (BBEDCA) were replaced by the “revised security category” and the “revised nonsecurity category” as originally set forth in section 251A (BBEDCA) (later moved to section 251 (BBEDCA) by the BBA 2013 in order to minimize confusion). Hence these categories were in law for a short time, were never used as discretionary spending limit enforcement categories. 

[4] See Note #2 for information regarding the “security category” and the “nonsecurity category” definitions. 

[5] The “budget year” and the “budget resolution year” are not always the same fiscal year since they are defined differently. The first fiscal year of the period of fiscal years required under section 301(a) of the Congressional Budget Act of 1974 covered by the concurrent resolution on the budget is the “budget resolution year”. This is often the same as the “budget year”, but it is not always the case. A “budget resolution year” may be in force for a fiscal year during which a session of Congress first meets which means the “budget year” will be the fiscal year beginning October 1 of that session, hence following the budget resolution year.

[6] The “current year” does not exist in a meaningful sense between October 1 of a calendar year and the date on which Congress first meets. This is the case because the fiscal year preceding the budget year will end at the end of September 30 of each year, but the “budget year” will not begin until the following calendar year on the date on which Congress first meets (per the requirements of Amendment XX of the U.S. Constitution). Hence between October 1 and the Congressional meeting date, the “current year” will be a reference to a fiscal year which has expired. This is distinct from the “budget resolution year” insofar as the year preceding that fiscal year is simply whatever fiscal year it is that precedes a year for which a budget resolution is adopted.

[7] Division A of the Joint Resolution Making continuing appropriations for fiscal year 2014 was the “Bipartisan Budget Agreement (H. J. Res. 59) which became Public Law 113-67 . This division’s short title was the “Bipartisan Budget Act of 2013”.

[8] Balanced Budget and Emergency Deficit Control Act of 1985.

[9] Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (BBEDCRA 1987).

[10] See section 213 of BBEDCRA 1987 (Pub. L. 100–119).

[11] Sections 632(i), 633(c), 633(f), 635(b), 637, 641(d), 641(g), or 642(a) of Title 2 U.S. Code.

[12] “This Act and the amendments made by this Act” means the enactment of 2 U.S.C. 908 and 2 U.S.C. 909, the amendment of sections 622, 632, 635, 636, 642, 683, 684, 687, 901 to 907, and 922 of title 2, The Congress, (U.S. Code), and sections 1105 and 3101 of Title 31, Money and Finance, (U.S. Code), the enactment of the provisions set out as notes under sections 602, 621, 686, and 901 of Title 2, The Congress (U.S. Code) and section 1395ww of Title 42, The Public Health and Welfare (U.S. Code), the amendment of provisions set out as notes under 2 U.S.C. 901 and sections 1320b–8 and 1395ww of Title 42, and repealing provisions set out as a note under 2 U.S.C. 653.

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[BCR § 201]