BBEDCA (Contents)

Balanced Budget and Emergency Deficit Control Act of 1985

Section 258

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Title II—Deficit Reduction Procedures 

PART C—EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT
SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.

(a) Procedures in the Event of a Low Growth Report.—

(1) Trigger.—Whenever CBO issues a low-growth report under section 254(i), the Majority Leader of the House of Representatives may, and the Majority Leader of the Senate shall, introduce a joint resolution (in the form set forth in paragraph (2)) declaring that the conditions specified in section 254(i) are met and suspending the relevant provisions of this title, titles III and VI[2] of the Congressional Budget Act of 1974, and section 1103 of title 31, United States Code.

(2) Form of Joint Resolution.—

(A) The matter after the resolving clause in any joint resolution introduced pursuant to paragraph (1) shall be as follows: “That the Congress declares that the conditions specified in section 254(j)[1] of the Balanced Budget and Emergency Deficit Control Act of 1985 are met, and the implementation of the Congressional Budget and Impoundment Control Act of 1974, chapter 11 of title 31, United States Code, and part C of the Balanced Budget and Emergency Deficit Control Act of 1985 are modified as described in section 258(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.”.

(B) The title of the joint resolution shall be “Joint resolution suspending certain provisions of law pursuant to section 258(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985.”; and the joint resolution shall not contain any preamble.

(3) Committee action.—Each joint resolution introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives or the Committee on the Budget of the Senate, as the case may be; and such Committee shall report the joint resolution to its House without amendment on or before the fifth day on which such House is in session after the date on which the joint resolution is introduced. If the Committee fails to report the joint resolution within the five-day period referred to in the preceding sentence, it shall be automatically discharged from further consideration of the joint resolution, and the joint resolution shall be placed on the appropriate calendar.

(4) Consideration of joint resolution.—

(A) A vote on final passage of a joint resolution reported to the Senate or discharged pursuant to paragraph (3) shall be taken on or before the close of the fifth calendar day of session after the date on which the joint resolution is reported or after the Committee has been discharged from further consideration of the joint resolution. If prior to the passage by one House of a joint resolution of that House, that House receives the same joint resolution from the other House, then—

(i) the procedure in that House shall be the same as if no such joint resolution had been received from the other House, but

(ii) the vote on final passage shall be on the joint resolution of the other House.

When the joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a House joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a Senate joint resolution agreed to in the Senate) shall cause the joint resolution to be engrossed, certified, and transmitted to the other House of the Congress as soon as practicable.

(B)(i) In the Senate, a joint resolution under this paragraph shall be privileged. It shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

(ii) Debate in the Senate on a joint resolution under this paragraph, and all debatable motions and appeals in connection therewith, shall be limited to not more than five hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(iii) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this paragraph shall be limited to not more than one hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee.

(iv) A motion in the Senate to further limit debate on a joint resolution under this paragraph is not debatable. A motion to table or to recommit a joint resolution under this paragraph is not in order.

(C) No amendment to a joint resolution considered under this paragraph shall be in order in the Senate.

(b) Suspension of Sequestration Procedures.—Upon the enactment of a declaration of war—

(1) the subsequent issuance of any sequestration report or any sequestration order is precluded;

(2) sections 302(f), 310(d), 311(a), and title VI[3] of the Congressional Budget Act of 1974 are suspended; and

(3) section 1103 of title 31, United States Code, is suspended.

(c) Restoration of Sequestration Procedures.—

(1) In the event of a suspension of sequestration procedures due to a declaration of war, then, effective with the first fiscal year that begins in the session after the state of war is concluded by Senate ratification of the necessary treaties, the provisions of subsection (b) triggered by that declaration of war are no longer effective.

(2) In the event of a suspension of sequestration procedures due to the enactment of a joint resolution described in subsection (a), then, effective with regard to the first fiscal year beginning at least 12 months after the enactment of that resolution, the provisions of subsection (b) triggered by that resolution are no longer effective.

 

 

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COUNSEL NOTES

Codification

This section is classified to the U.S. Code at 2 U.S.C. 907a.

ENDNOTES

[1] This should be a reference to section 254(i), to act as a cross reference to the above paragraph (1) where it is correctly set forth. The Bipartisan Budget Act of 2013  (Pub. L. 113-67) made the proper technical corrections to the parallel reference in the above paragraph (1) but neglected to make a corresponding fix to this paragraph.

[2] The Balanced Budget Act of 1997, sec. 10118(a) 29, Public Law 105-33; 111 Stat. 695), repealed Title VI of the Congressional Act of 1974.

[3] The Balanced Budget Act of 1997, sec. 10118(a) 29 (H.R. 2015 (105th Cong.), Publ. L. 105-33), repealed title VI of the Congressional Act of 1974.


Legislative History Notes
Public Laws

Pub. L. 101–508, title XIII, §13101(f), Nov. 5, 1990, 104 Stat. 1388–593 (Budget Enforcement Act of 1990) added §258 Pub. L. 99–177, title II (Balanced Budget and Emergency Deficit Control Act of 1985).

Pub. L. 113–67, div. A, title I, §121(10), Dec. 26, 2013, 127 Stat. 1175 (Bipartisan Budget Act of 2013).

References and codification

When subsection (a)(1) refers to “this title”, it means title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038 (BBEDCA), as amended, of the Balanced Budget and Emergency Deficit Control Act of 1985.

The “Congressional Budget Act of 1974”, referred to in subsections (a)(1) and (b)(2), means titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297, as amended. Title III of the Act is classified generally to the U.S. Code as subchapter I (§631 et seq.) of chapter 17A of title 2, The Congress.

Title VI of the CBA was classified to the U.S. Code generally to subchapter IV (§665 et seq.) of chapter 17A of title 2, The Congress,  prior to its repeal by Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695 (BEA 1997).

Section 254(j) of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsection (a)(2)(A), is section 254(j) of Pub. L. 99–177 (BBEDCA), which was redesignated section 254(i) of that Act by Pub. L. 105–33, title X, §10206(1), Aug. 5, 1997, 111 Stat. 704 (Budget Enforcement Act of 1997), and is classified to 2 U.S.C. 904(i).

The Congressional Budget and Impoundment Control Act of 1974, referred to in subsection (a)(2)(A), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297, as amended.

Part C of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsection (a)(2)(A), is classified to the U.S. Code generally to Chapter 20, Subchapter I. Section 258 of the Act is classified to 2 U.S.C. 907a.

Prior Provisions

A prior section 258 of Pub. L. 99–177 was classified to section 908 of this title prior to repeal by Pub. L. 105–33, title X, §10210, Aug. 5, 1997, 111 Stat. 711 (BEA 1997).

Amendments 
2013 

Subsection (a)(1).

The Bipartisan Budget Act of 2013 (Pub. L. 113–67) made technical corrections to the section. It changed the reference from  “section 254(j)” to “section 254(j)”, made in  two places. A similar change should have been made in subsection (a)(2) but was not.

1990 

Section Added.

Section 13101(f) of the Budget Enforcement Act of 1990 (101-508) added this section 258 to the end of Balanced Budget and Emergency Deficit Control Act of 1985 (Pub. L. 99-177) 

 

 

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