§237. Section 13213. Conforming Change to Title 31.

BEA 1990 (Contents)

Budget Enforcement Act of 1990

Section 13213

Title XIII—Budget Enforcement

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

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SEC. 13213. CONFORMING CHANGE TO TITLE 31.

(a) Limitations on Expending and Obligating.—Section 1341(a)(1) of title 31, United States Code, is amended—

(1) in subparagraph (A), by striking the final word “or”;

(2) in subparagraph (B), by striking the final period and inserting a semicolon; and

(3) by adding at the end the following new subparagraphs:

“(C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or

“(D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.”.

(b) Limitation on Voluntary Services.—Section 1342 of title 31, United States Code, is amended by inserting at the end the following: “As used in this section, the term ’emergencies involving the safety of human life or the protection of property’ does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.”.

 

 

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COUNSEL NOTES
Codification

This section was not classified to the U.S. Code since it enacted amendments to codified law. 

BEA 1990 Joint Explanatory Statement

The Conference Report on the Budget Enforcement Act of 1990 included the following description in its Joint Explanatory Statement of Managers:

The conference report also makes conforming changes to title 31 of the United States Code to make clear that funds sequestered are not available for expenditure and that ongoing, regular operations of the Government cannot be sustained in the absence of appropriations, except in limited circumstances. These changes guard against what the conferees believe might be an overly broad interpretation of an opinion of the Attorney General issued on January 16, 1981, regarding the authority for the continuance of Government functions during the temporary lapse of appropriations, and affirm that the constitutional power of the purse resides with Congress.

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).

LEGISLATIVE HISTORY NOTES

Pub. L. 101–508, title XIII, §13213, Nov. 5, 1990, 104 Stat. 1388, 1388-621; (Budget Enforcement Act of 1990).

 

 

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[BCR § 237]