§224. Section 13112. Conforming Amendments.

Budget Enforcement Act of 1990

Section 13112

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

SEC. 13112. CONFORMING AMENDMENTS.

(a) Conforming Amendments to the Congressional Budget and Impoundment Control Act of 1974.—

(1) Table of contents.—Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended to reflect the new section numbers and headings resulting from amendments made by this title.

(2) Section 3.—Section 3 of such Act is amended—

(A) by striking paragraphs (6), (7), and (8) and inserting the following:

“(6) The term ‘deficit’ means, with respect to a fiscal year, the amount by which outlays exceeds receipts during that year.

“(7) The term ‘surplus’ means, with respect to a fiscal year, the amount by which receipts exceeds outlays during that year.

“(8) The term ‘government-sponsored enterprise’ means a corporate entity created by a law of the United States that—

“(A)(i) has a Federal charter authorized by law;

“(ii) is privately owned, as evidenced by capital stock owned by private entities or individuals;

“(iii) is under the direction of a board of directors, a majority of which is elected by private owners;

“(iv) is a financial institution with power to—

“(I) make loans or loan guarantees for limited purposes such as to provide credit for specific borrowers or one sector; and

“(II) raise funds by borrowing (which does not carry the full faith and credit of the Federal Government) or to guarantee the debt of others in unlimited amounts; and

“(B)(i) does not exercise powers that are reserved to the Government as sovereign (such as the power to tax or to regulate interstate commerce);

“(ii) does not have the power to commit the Government financially (but it may be a recipient of a loan guarantee commitment made by the Government); and

“(iii) has employees whose salaries and expenses are paid by the enterprise and are not Federal employees subject to title 5 of the United States Code.”.

(3) Section 202.—Section 202(a)(1) and the second sentence of 202(f)(1) of such Act are amended by striking “budget authority” and inserting “new budget authority” .

(4) Section 300.—Section 300 of such Act is amended by striking “First Monday after January 3″ and by inserting “First Monday in February”.

(5) Section 301(d).—Section 301(d) of such Act is amended by striking “On or before February 25 of each year” and inserting “Within 6 weeks after the President submits a budget under section 1105(a) of title 31, United States Code”.

(6) Section 302(a).—Section 302(a)(2) of such Act is amended by striking “the House of Representatives and”.

(7) Section 302(f).—Section 302(f)(2) of such Act is amended—

(A) by inserting after “in excess of” the following: “(A)”;

(B) by striking “under subsection (b)” and inserting “under subsection (a), or (B) the appropriate allocation (if any) of such outlays or authority reported under subsection (b)”; and

(C) by inserting at the end the following:

“Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations.”.

(8) Section 304.—Section 304 of such Act is amended by striking subsection (b) and by striking “(c)” and inserting “(b)”.

(9) Section 310(g).—Section 310(g) of such Act is amended by striking “resolution pursuant” and inserting “joint resolution pursuant” and by striking “254(b)” and inserting “258C”.

(10) Section 311(a).—Section 311(a) of such Act is amended by striking “or, in the Senate” and all that follows thereafter through “paragraph (2) of such subsection” and inserting “except in the case that a declaration of war by the Congress is in effect”.

(11) Section 904(a).—Section 904(a) of such Act is amended by striking “and” after “III”, by inserting “, V, and VI (except section 601(a))” after “IV”, and by striking “606,”.

(b)^[1] Section Conforming Amendment to the Balanced Budget and Emergency Deficit Control Act of 1985.—Subsection (b) of section 275 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows:

“(b) Expiration.—Part C of this title, section 271(b) of this Act, and sections 1105(f) and 1106(c) of title 31, United States Code, shall expire September 30, 1995.”.

(c) Conforming Amendments to Section 1105 of Title 31, United States Code.—

(1) Section 1105(a).—Section 1105(a) of title 31, United States Code, is amended by striking “On or before the first Monday after January 3 of each year (or on or before February 5 in 1986)” and by inserting “On or after the first Monday in January but not later than the first Monday in February of each year”^[2]

(2) Section 1105(f).—Section 1105(f) of title 31, United States Code, is amended to read as follows:

“(f) The budget transmitted pursuant to subsection (a) for a fiscal year shall be prepared in a manner consistent with the requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 that apply to that and subsequent fiscal years.”.

(d) Conforming Amendments to the Rules of the House of Representatives.—

(1) Cross-reference.—Clause 1(e)(2) of rule X of the Rules of the House of Representatives is amended by striking “(a)(4)”.

(2) Cross-reference.—Clause 1(e)(2) of rule X of Rules of the House of Representatives is amended by striking “Act, and any resolution pursuant to section 254(b) of the Balanced Budget and Emergency Deficit Control Act of 1985″ and inserting “Act”.

(3) Jurisdiction.—Clause 1(j) of rule X of the Rules of the House of Representatives is amended by inserting after paragraph (6) the following new paragraph:

“(7) Measures providing exemption from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985.”.

(4) Allocations.—Clause 4(h) of rule X of the Rules of the House of Representatives is amended by inserting “or section 602 (in the case of fiscal years 1991 through 1995)” after “section 302”.

(5) Multiyear revenue estimates.—Clause 7(a)(1) of rule XIII of the Rules of the House of Representatives is amended by striking “, except that, in the case of measures affecting the revenues, such reports shall require only an estimate of the gain or loss in revenues for a one-year period”.

(e) Conforming Amendment to the Full Employment and Balanced Growth Act of 1978.—Section 103(a) of the Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 1022(a) is amended by striking “transmit to the Congress during the first twenty days of each regular session” and inserting “annually transmit to the Congress not later than 10 days after the submission of the budget under section 1105(a) of title 31, United States Code”.

(f) Filing Requirement.—After the convening of the One Hundred Second Congress, the chairman of the Committee on the Budget of the Senate shall file with the Senate revised and outyear budget aggregates and allocations under section 602(a) consistent with this Act.^[2]

[1] This subsection amends the effective dates set forth in section 275 (BBEDCA), but section 13208(b) includes language amending the same section. Law Revision Counsel, the Congressional agency responsible for placing law into the U.S. Code, found both could not be executed and hence the latter was not codified.

[2] No period appears at the end of subsection (c)(1) in the Statutes at Large citation (See 104 Stat. 13888-609).

[3] Though the reference to “section 602(a)” is presumably to the Congressional Budget Act of 1974, as this section was placed in law by the section preceding this one (section 13111 (BEA 1990). This section provides authority to the Chairman of the Senate Budget Committee to file aggregates and allocations for the purposes of enforcing CBA points of order, and hence acts as a form of deeming resolution.

Section 602, along with all of title VI of the Congressional Budget Act of 1974, was repealed by section 10118 of the Budget Enforcement Act of 1997.

Codification

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

LEGISLATIVE HISTORY NOTES

Pub. L. 101–508, title XIII, §13112, Nov. 5, 1990, 104 Stat. 1388, 1388–607; (Budget Enforcement Act of 1990).

Section 13111 (BEA 1990)

Section 13201 (BEA 1990)

FrillBreak

[BCR § 224]