BEA 1990 (Contents)

Budget Enforcement Act of 1990

Section 13111

Title XIIIBudget Enforcement

Subtitle A—Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 and Related Amendments

PART II—Related AMENDMENTS

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SEC. 13111. TEMPORARY AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.

Title VI of the Congressional Budget Act of 1974 is amended to read as follows: 

“TITLE VI—BUDGET AGREEMENT ENFORCEMENT PROVISIONS
“SEC. 601. DEFINITIONS AND POINT OF ORDER.

“(a) Definitions.—As used in this title and for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985:

“(1) Maximum deficit amount.—The term “maximum deficit amount’ means—

“(A) with respect to fiscal year 1991, $327,000,000,000;

“(B) with respect to fiscal year 1992, $317,000,000,000;

“(C) with respect to fiscal year 1993, $236,000,000,000;

“(D) with respect to fiscal year 1994, $102,000,000,000; and

“(E) with respect to fiscal year 1995, $83,000,000,000;

as adjusted in strict conformance with sections 251, 252, and 253 of the Balanced Budget and Emergency Deficit Control Act of 1985.

“(2) Discretionary spending limit.—The term “discretionary spending limit’ means—

“(A) with respect to fiscal year 1991—

“(i) for the defense category: $288,918,000,000 in new budget authority and $297,660,000,000 in outlays;

“(ii) for the international category: $20,100,000,000 in new budget authority and $18,600,000,000 in outlays; and

“(iii) for the domestic category: $182,700,000,000 in new budget authority and $198,100,000,000 in outlays;

“(B) with respect to fiscal year 1992—

“(i) for the defense category: $291,643,000,000 in new budget authority and $295,744,000,000 in outlays;

“(ii) for the international category: $20,500,000,000 in new budget authority and $19,100,000,000 in outlays; and

“(iii) for the domestic category: $191,300,000,000 in new budget authority and $210,100,000,000 in outlays;

“(C) with respect to fiscal year 1993—

“(i) for the defense category: $291,785,000,000 in new budget authority and $292,686,000,000 in outlays;

“(ii) for the international category: $21,400,000,000 in new budget authority and $19,600,000,000 in outlays; and

“(iii) for the domestic category: $198,300,000,000 in new budget authority and $221,700,000,000 in outlays;

“(D) with respect to fiscal year 1994, for the discretionary category: $510,800,000,000 in new budget authority and $534,800,000,000 in outlays; and

“(E) with respect to fiscal year 1995, for the discretionary category: $517,700,000,000 in new budget authority and $540,800,000,000 in outlays;

as adjusted in strict conformance with section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985.

“(b) Point of Order in the Senate on Aggregate Allocations for Defense, International, and Domestic Discretionary Spending.—

“(1) Except as provided in paragraph (3), it shall not be in order in the Senate to consider any concurrent resolution on the budget for fiscal year 1992, 1993, 1994, or 1995 (or amendment, motion, or conference report on such a resolution), or any appropriations bill or resolution (or amendment, motion, or conference report on such an appropriations bill or resolution) for fiscal year 1992 or 1993 that would exceed the allocations in this section or the suballocations made under section 602(b) based on these allocations.

“(3).[1]  For purposes of this subsection, the levels of new budget authority and outlays for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.

“(4) This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 has been enacted.

“SEC. 602. COMMITTEE ALLOCATIONS AND ENFORCEMENT.

“ (a) Committee Spending Allocations.—

“(1) House of representatives.—

“(A) Allocation among committees.—The joint explanatory statement accompanying a conference report on a budget resolution shall include allocations, consistent with the resolution recommended in the conference report, of the appropriate levels (for each fiscal year covered by that resolution and a total for all such years) of—

“(i) total new budget authority,

“(ii) total entitlement authority, and

“(iii) total outlays;

among each committee of the House of Representatives that has jurisdiction over legislation providing or creating such amounts.

“(B) No double counting.—Any item allocated to one committee of the House of Representatives may not be allocated to another such committee.

“(C) Further division of amounts.—The amounts allocated to each committee for each fiscal year, other than the Committee on Appropriations, shall be further divided between amounts provided or required by law on the date of filing of that conference report and amounts not so provided or required. The amounts allocated to the Committee on Appropriations for each fiscal year shall be further divided between discretionary and mandatory amounts or programs, as appropriate.

“(2) Senate allocation among committees.—The joint explanatory statement accompanying a conference report on a budget resolution shall include an allocation, consistent with the resolution recommended in the conference report, of the appropriate levels of—

“(A) total new budget authority;

“(B) total outlays; and

“(C) social security outlays;

among each committee of the Senate that has jurisdiction over legislation providing or creating such amounts.

“(3) Amounts not allocated.—(A) In the House of Representatives, if a committee receives no allocation of new budget authority, entitlement authority, or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority, entitlement authority, or outlays.

“(B) In the Senate, if a committee receives no allocation of new budget authority, outlays, or social security outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority, outlays, or social security outlays.

“(b) Suballocations By Committees.—

“(1) Suballocations by appropriations committees.—As soon as practicable after a budget resolution is agreed to, the Committee on Appropriations of each House (after consulting with the Committee on Appropriations of the other House) shall suballocate each amount allocated to it for the budget year under subsection (a)(1)(A) or (a)(2) among its subcommittees. Each Committee on Appropriations shall promptly report to its House suballocations made or revised under this paragraph.

“(2) Suballocations by committees of the senate.—Each other committee of the Senate to which an allocation under subsection (a)(2) is made in the joint explanatory statement may subdivide each amount allocated to it under subsection (a) among its subcommittees or among programs over which it has jurisdiction and shall promptly report any such suballocations to the Senate. Section 302(c) shall not apply in the Senate to committees other than the Committee on Appropriations.

“(c) Application of Section 302(f) to this section.—In fiscal years through 1995, reference in section 302(f) to the appropriate allocation made pursuant to section 302(b) for a fiscal year shall, for purposes of this section, be deemed to be a reference to any allocation made under subsection (a) or any suballocation made under subsection (b), as applicable, for the fiscal year of the resolution or for the total of all fiscal years made by the joint explanatory statement accompanying the applicable concurrent resolution on the budget. In the House of Representatives, the preceding sentence shall not apply with respect to fiscal year 1991.

“(d) Application of Subsections (a) and (b) to Fiscal Years 1992 to  1995.—In the case of concurrent resolutions on the budget for fiscal years 1992 through 1995, allocations shall be made under subsection (a) instead of section 302(a) and shall be made under subsection (b) instead of section 302(b). For those fiscal years, all references in sections 302(c), (d), (e), (f), and (g) to section 302(a) shall be deemed to be to subsection (a) (including revisions made under section 604) and all such references to section 302(b) shall be deemed to be to subsection (b) (including revisions made under section 604).’.

“(e) Pay-As-You-Go Exception in the House.—Section 302(f)(1) and, after April 15 of any calendar year section 303(a), shall not apply to any bill, joint resolution, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget.[2] 

“(1) the enactment of such bill or resolution as reported;

“(2) the adoption and enactment of such amendment; or

“(3) the enactment of such bill or resolution in the form recommended in such conference report,

would not increase the deficit for any such fiscal year, and, if the sum of any revenue increases provided in legislation already enacted during the current session (when added to revenue increases, if any, in excess of any outlay increase provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal revenues should be increased as set forth in that concurrent resolution and the amount, if any, by which revenues are to be increased pursuant to pay-as-you-go procedures under section 301(b)(8) if included in that concurrent resolution.

“(2) Revised allocations.—

“(A) As soon as practicable after Congress agrees to a bill or joint resolution that would have been subject to a point of order under section 302(f)(1) but for the exception provided in paragraph (1), the chairman of the Committee on the Budget of the House of Representatives may file with the House appropriately revised allocations under section 302(a) and revised functional levels and budget aggregates to reflect that bill.

“(B) such revised allocations, functional levels, and budget aggregates shall be considered for the purposes of this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.

“SEC. 603. CONSIDERATION OF LEGISLATION BEFORE ADOPTION OF BUDGET RESOLUTION FOR THAT FISCAL YEAR.

“(a) Adjusting Section Allocation of Discretionary Spending.—If a concurrent resolution on the budget is not adopted by April 15, the chairman of the Committee on the Budget of the House of Representatives shall submit to the House, as soon as practicable, a section 602(a) allocation to the Committee on Appropriations consistent with the discretionary spending limits contained in the most recent budget submitted by the President under section 1105(a) of title 31, United States Code. Such allocation shall include the full allowance specified under section 251(b)(2)(E)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

“(b) As soon as practicable after a section 602(a) allocation is submitted under this section, the Committee on Appropriations shall make suballocations and promptly report those suballocations to the House of Representatives.

“SEC. 604. RECONCILIATION DIRECTIVES REGARDING PAY-AS-YOU-GO REQUIREMENTS.

“(a) Instruction to Effectuate Pay-As-You-Go In the House of Representatives.—If legislation providing for a net reduction in revenues in any fiscal year (that, within the same measure, is not fully offset in that fiscal year by reductions in direct spending) is enacted, the Committee on the Budget of the House of Representatives may report, within 15 legislative days during a Congress, a pay-as-you-go reconciliation directive in the form of a concurrent resolution—

“(1) specifying the total amount by which revenues sufficient to eliminate the net deficit increase resulting from that legislation in each fiscal year are to be changed; and

“(2) directing that the committees having jurisdiction determine and recommend changes in the revenue law, bills, and resolutions to accomplish a change of such total amount.

“(b) Consideration of Pay-As-You-Go Reconciliation Legislation in the House of Representatives.—In the House of Representatives, subsections (b) through (d) of section 310 shall apply in the same manner as if the reconciliation directive described in subsection (a) were a concurrent resolution on the budget.

“SEC. 605. APPLICATION OF SECTION 311; POINT OF ORDER.

“(a) Application of Senate Section 311(a).—(1) In the House of Representatives, in the application of section 311(a)(1) to any bill, resolution, amendment, or conference report, reference in section 311 to the appropriate level of total budget authority or total budget outlays or appropriate level of total revenues set forth in the most recently agreed to concurrent resolution on the budget for a fiscal year shall be deemed to be a reference to the appropriate level for that fiscal year and to the total of the appropriate level for that year and the 4 succeeding years.

“(2) In the Senate, in the application of section 311(a)(2) to any bill, resolution, motion, or conference report, reference in section 311 to the appropriate level of total revenues set forth in the most recently agreed to concurrent resolution on the budget for a fiscal year shall be deemed to be a reference to the appropriate level for that fiscal year and to the total of the appropriate levels for that year and the 4 succeeding years.

“(b) Maximum Deficit Amount Point of Order in the Senate.—After Congress has completed action on a concurrent resolution on the budget, it shall not be in order in the Senate to consider any bill, resolution, amendment, motion, or conference report that would result in a deficit for the first fiscal year covered by that resolution that exceeds the maximum deficit amount specified for such fiscal year in section 601(a).

“SEC. 606. 5-YEAR BUDGET RESOLUTIONS; BUDGET RESOLUTIONS MUST CONFORM TO BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985.

“(a) 5-Year Budget Resolutions.—In the case of any concurrent resolution on the budget for fiscal year 1992, 1993, 1994, or 1995, that resolution shall set forth appropriate levels for the fiscal year beginning on October 1 of the calendar year in which it is reported and for each of the 4 succeeding fiscal years for the matters described in section 301(a).

“(b) Point of Order in the House of Representatives.—It shall not be in order in the House of Representatives to consider any concurrent resolution on the budget for a fiscal year or conference report thereon under section 301 or 304 that exceeds the maximum deficit amount for each fiscal year covered by the concurrent resolution or conference report as determined under section 601(a), including possible revisions under part C of the Balanced Budget and Emergency Deficit Control Act of 1985.

“(c) Point of Order in the Senate.—It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year under section 301, or to consider any amendment to such a concurrent resolution, or to consider a conference report on such a concurrent resolution, if the level of total budget outlays for the first fiscal year that is set forth in such concurrent resolution or conference report exceeds the recommended level of Federal revenues set forth for that year by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 601(a), or if the adoption of such amendment would result in a level of total budget outlays for that fiscal year which exceeds the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount for such fiscal years as determined under section 601(a).

“(d) Adjustments.—(1) Notwithstanding any other provision of law, concurrent resolutions on the budget for fiscal years 1992, 1993, 1994, and 1995 under section 301 or 304 may set forth levels consistent with allocations increased by—

“(A) amounts not to exceed the budget authority amounts in section 251(b)(2)(E)(i) and (ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 and the composite outlays per category consistent with them; and

“(B) the budget authority and outlay amounts in section 251(b)(1) of that Act.

“(2) For purposes of congressional consideration of provisions described in sections 251(b)(2)(A), 251(b)(2)(B), 251(b)(2)(C), 251(b)(2)(D), and 252(e), determinations under sections 302, 303, and 311 shall not take into account any new budget authority, new entitlement authority, outlays, receipts, or deficit effects in any fiscal year of those provisions.

“SEC. 607. EFFECTIVE DATE.

This title shall take effect upon its date of enactment and shall apply to fiscal years 1991 to 1995.”.

 

 

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COUNSEL NOTES
Endnotes

This section was not classified to the U.S. Code since it amended law already codified. 

[1] No paragraph (3) is included in the section 1311 of the Budget Enforcement Act of 1990, as it amended the section 601 of the Congressional Budget Act of 1974. See Conference Report to Accompany H.R. 5835 of Pub. L. 101-508 , H. Rept. 101-964, page 634.

[2] This subsection was not numbered correctly. After the subsection heading a paragraph “(1)” should appear, and the following paragraphs (1) through (3) should be designated as subparagraphs (A) through (C). 

Repeal of Amended Title of Congressional Budget Act of 1974

Sec. 10118. of the Budget Enforcement Act of 1997 (BEA 1997) repealed the amendments made by this section of the Budget Enforcement Act of  1990 to the Congressional Budget Act of 1974. 


LEGISLATIVE HISTORY NOTES

Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388, 1388–602; (Budget Enforcement Act of 1990).

 

 

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