§159.601 Sec. 601 – Definitions and Point of Order.

Congressional Budget Act of 1974

Section 601
Budget Agreement Enforcement Provisions
[Repealed]

Congressional Budget Act of 1974

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;

(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; and

(F) with respect to fiscal years 1996, 1997, and 1998, for the discretionary category, the amounts set forth for those years in section 12(b)(1) of House Concurrent Resolution 64 (One Hundred Third Congress);^[1]

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

(b)^[1] 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) 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.

[1] Section 12(b)(1) of H. Con. Res. 64 (103rd Congress), which was the Concurrent Resolution on the Budget for Fiscal Year 1995, sets forth with respect to fiscal years 1996, 1997, and 1998 the following amounts:

(b) Discretionary Spending Limits.—

(1) Definition.—As used in this section, for the discretionary category, the term ‘‘discretionary spending limit’’ means—

(A) with respect to fiscal year 1996: $519,142,000,000 in new budget authority and $547,263,000,000 in outlays;

(B) with respect to fiscal year 1997: $528,079,000,000 in new budget authority and $547,346,000,000 in outlays; and

(C) with respect to fiscal year 1998: $530,639,000,000 in new budget authority and $547,870,000,000 in outlays;

as adjusted for changes in concepts and definitions, changes in inflation, and emergency appropriations.

Codification

This section was classified to 2 U.S.C. 665 (U.S. Code 1996), prior to its repeal.

BEA 1990 and Repeal

Section 13111 of the Budget Enforcement Act of 1990 (Pub. L. 101-508; 104 Stat. 1388-602) amended Title VI of the Congressional Budget Act of 1974, thereby enacting the legislative procedural provisions of the bipartisan budget summit agreement of 1990 into law.

Section 10118 of the Budget Enforcement Act of 1997 (Pub. L. 105-33, 111 Stat. 251, 695, Aug. 5, 1997) repealed Title VI (CBA) in its entirety, including this section.

note on Drafting

[1] In section 601(b), no paragraph (2) appears in the text. In the original paragraph (1) is followed by paragraph (3). See the Budget Enforcement Act of 1990 in the Statutes at Large at 104 Stat. 1388–603.

Legislative History Notes

Public Laws

The Congressional Budget and Impoundment Control Act of 1974 (Pub. L. 93–344) enacted this section as “Section 601: Matters To Be Included In President’s Budget.” [Section as enacted by CBA.]

The Budget Enforcement Act of 1990 (Pub. L. 101–508) amended the Congressional Budget Act of 1974, adding this new section 602. The amendment was made pursuant to section 13111 of title XIII of the Omnibus Budget Reconciliation Act of 1990. The short title of title XIII is the BEA 1990. See 104 Stat. 1388–602; November 5, 1990.

The Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103–66) amended this section under section 14002 of title XIV, 107 Stat. 683; August 10, 1993.

The Budget Enforcement Act of 1997 (Pub. L. 105-33) repealed this section when it repealed all of title VI. See section 10118 (BEA 1997); 111 Stat. 251, 695, August 5, 1997.

References in Text

The enactment of BEA 1990 resulted in two separate sections 258 (BBEDCA) in law, and were classified to the U.S. Code separately: 2 U.S.C. 907a and 2 U.S.C. 908. When subsection (b)(4) refers to “section 258”, it means the former of those two. The latter section was repealed by section 10210 of the Budget Enforcement Act of 1997 (Pub. L. 105-33). See section 10210 (BEA 1997) for the Statutes at Large display of the text.

House Concurrent Resolution 64, referred to in subsection (a)(2)(F), is H. Con. Res. 64, Apr. 1, 1993, 107 Stat. 2508, which is not classified to the Code.

Prior Provisions

A prior section 601 of Pub. L. 93–344, title VI, July 12, 1974, 88 Stat. 323, was classified to section 11 of former Title 31, prior to repeal and reenactment as sections 1105(a)(15), 1106(b), and 1108(d) of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which enacted Title 31.

Amendments

1993

Subsection (a)(2)(F).

Pub. L. 103–66, §14002(a), added subparagraph (F).

Subsection (b)(1).

Pub. L. 103–66, §14002(b), amended paragraph (1) generally. Prior to amendment, paragraph (1) read as follows:

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 [2 U.S.C. 665a(b)] based on these allocations.

Effective Date

Section 607 of title VI of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, §13111, Nov. 5, 1990, 104 Stat. 1388–607; amended by Pub. L. 102–66, title XIV, §14002(c)(3)(B), Aug. 10, 1993, 107 Stat. 684, provided that: “This title [enacting this subchapter] shall take effect upon its date of enactment [Nov. 5, 1990] and shall apply to fiscal years 1991 to 1998.”

Downward Adjustments in Discretionary Spending Limits

Pub. L. 104–19, title II, §2003, July 27, 1995, 109 Stat. 194, 247, provided that:

Upon the enactment of this Act [July 27, 1995], the Director of the Office of Management and Budget shall make downward adjustments in the discretionary spending limits (new budget authority and outlays) specified in section 601(a)(2) of the Congressional Budget Act of 1974 [2 U.S.C. 665(a)(2)] for each of the fiscal years 1995 through 1998 by the aggregate amount of estimated reductions in new budget authority and outlays for discretionary programs resulting from the provisions of this Act (other than emergency appropriations) for such fiscal year, as calculated by the Director.

Emergency Supplemental Appropriations Act, 1995; Pub. L. 104–19; 109 Stat. 247; July 27, 1995; H.R. 1944 (104th Congress)

Section Referred to in Other Sections

This section is referred to in section 605 (CBA) (2 U.S.C. 665d), section 606 (CBA) (2 U.S.C. 665e), section 1022 (ICA) (2 U.S.C 691a), section 1024 (ICA) (2 U.S.C. 691c), section 250 (BBEDCA) (2 U.S.C. 900), section 253 (BBEDCA) (2 U.S.C. 903); title 12 sections 4718, 4750; title 22 section 5853; title 42 sections 14211, 14212.