§236. Section 13212. Repeal of P.L 100-119.

BEA 1990 (Contents)

Budget Enforcement Act of 1990

Section 13212

Title XIII—Budget Enforcement

Subtitle B—Permanent Amendments to the Congressional Budget and Impoundment Control Act 1974

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SEC. 13212. SAVINGS TRANSFERS BETWEEN FISCAL YEARS.

Section 202 of Public Law 100-119 is repealed.

 

 

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Counsel Notes
Codification

This section was not classified to the U.S. Code since it repealed codified law rather than enacting new law. 

Repeal

This section (section 13212 (BEA 1990)) repealed (former) section 202 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (BBEDCRA 1987), which set forth a freestanding rule regarding estimates of the budgetary effects of legislation.  That section read as follows:

SEC. 202. PROHIBITION OF COUNTING AS SAVINGS THE TRANSFER OF GOVERNMENT ACTIONS FROM ONE YEAR TO ANOTHER.

(a) In General.—Except as otherwise provided in this section, any law or regulation that has the effect of transferring an outlay, receipt, or revenue of the United States from one fiscal year to an adjacent fiscal year shall not be treated as altering the deficit or producing net deficit reduction in any fiscal year for purposes of the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985.

(b) Exceptions.—Subsection (a) shall not apply if the law making the transfer stipulates that such transfer is a necessary (but secondary) result of a significant policy change; provides for contingencies; or achieves savings made possible by changes in program requirements or by greater efficiency of operations.

JOINT EXPLANATORY STATEMENT OF MANAGERS ON THE BEA OF 1990

The Joint Explanatory Statement of Managers on the Committee of Conference on the Budget Enforcement Act of 1990 included the following:

The conference agreement also repeals section 202 of public law 100-119, the exceptions to which the conferees believe had come to be abused (see W. Dauster, Congressional Budget Act Annotated 567-77 (1990)). [See below for referenced text.]

U.S. House of Representatives, Omnibus Budget Reconciliation Act of 1990: Conference Report to Accompany H.R. 5835, House Report 101-964 (October 27, 1990).
CONGRESSIONAL BUDGET ACT ANNOTATED (1990) by William G. Dauster

The Join Explanatory Statement of Managers on the Budget Enforcement Act of 1990, in repealing section 202 of BBEDCRA 1987, which rendered timing shifts as having no budgetary effect, explained the difficulties in that provision. The exception is provided and then an example as to how it was abused:

(b) Exceptions.—Subsection (a) shall not apply if the law making the transfer stipulates928 that such transfer …

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Footnote #928. In something less than full compliance with this provision, one stipulation simply specified that “amendments made by this title shall be considered an exemption under section (b).” Omnibus Budget Reconciliation Act of 1987, Pub. L. 100- 203, § 6004, 101 Stat. 1330, 1330-278 (Dec. 22, 1987) (Civil Service and Postal Service Programs).

Congressional Budget Act Annotated (1990), Shifts From One Year to Another;  Senate Budget Committee, S. Prt. 101-86; p. 570. (William G. Dauster, Chief Counsel)

LEGISLATIVE HISTORY NOTES

Pub. L. 101–508, title XIII, §13212, Nov. 5, 1990, 104 Stat. 1388, 1388-621; (Budget Enforcement Act of 1990).

 

 

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[BCR § 236]