BBEDCA (Contents)

Balanced Budget and Emergency Deficit Control Act of 1985

Section 271

Title II—Deficit Reduction Procedures

PART E—MISCELLANEOUS AND RELATED PROVISIONS

sec. 271. waivers and suspensions; rulemaking powers.

(a) Budget Act Waiver in the Senate.—Section 904 of the Congressional Budget Act of 1974 is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection:

“(c) Sections 305(b)(2) and 306 of this Act may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.”.

(b) Other Waivers and Suspensions in the Senate.—Sections 301(i), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 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)^[1] of this joint resolution.

(c) Appeals of Rulings.—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.

(d) Rulemaking Powers.—The provisions of this title, 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.

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COUNSEL NOTES

Codification

This section is not classified to the U.S. Code.  Section 904, which section 271 amends, is included in the “Exercise of Congressional Rulemaking Power” Note for section of 2 U.S.C. 621.

ENDNOTES

[1]  This reference to section 254 (BBEDCA) should be a reference to section 258 (BBEDCA). 

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Legislative History Notes

Public Laws

Pub. L. 99–177, title II, §271, Dec. 12, 1985, 99 Stat. 1037, 1094 (Balanced Budget and Emergency Deficit Control Act of 1985).

Amendments

1987

Section 271 generally.

Section 210 of Pub. L. 100-119 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) amended the section by inserting subsection (c) and redesignating the previous subsection (c) as subsection (d). 

Subsection (b).

Section 211 of Pub. L. 100-119 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) amended subsection (b) by inserting “302(c),” after “301(i),”.

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[BCR § 215]