Source
(Pub. L. 99–177, title II, § 250, as added Pub. L. 101–508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388–574, and Pub. L. 99–177, title II, § 250(c)(21), formerly § 257(12), as added Pub. L. 100–119, title I, § 102(b)(7), Sept. 29, 1987, 101 Stat. 774, renumbered § 250(c)(21), Pub. L. 101–508, title XIII, § 13101(b), Nov. 5, 1990, 104 Stat. 1388–589; amended Pub. L. 105–33, title X, §§ 10202,
10204
(a)(2),
10208
(a)(2), Aug. 5, 1997, 111 Stat. 697, 702, 708; Pub. L. 105–178, title VIII, § 8101(c), (f), June 9, 1998, 112 Stat. 489; Pub. L. 105–206, title IX, § 9013(b), July 22, 1998, 112 Stat. 865; Pub. L. 106–291, title VIII, § 801(c), Oct. 11, 2000, 114 Stat. 1028; Pub. L. 108–88, § 10(c), Sept. 30, 2003, 117 Stat. 1127; Pub. L. 108–310, § 10(c), Sept. 30, 2004, 118 Stat. 1160; Pub. L. 109–59, title VIII, § 8001(b), Aug. 10, 2005, 119 Stat. 1915.)
Termination of Section
Section expired Sept. 30, 2006. See section 275(b) of Pub. L. 99–177, as amended, set out as an Effective and Termination Dates note below.
References in Text
House Concurrent Resolution 84, referred to in subsec. (b), is H. Con. Res. 84, June 5, 1997,
111 Stat. 2710, which is not classified to the Code.
The Balanced Budget Act of 1997, referred to in subsec. (c)(4)(A), (17), is
Pub. L. 105–33, Aug. 5, 1997,
111 Stat. 251. For complete classification of this Act to the Code, see Tables.
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, referred to in subsec. (c)(4)(B), (C), is
Pub. L. 109–59, Aug. 10, 2005,
119 Stat. 1144. For complete classification of this Act to the Code, see Short Title of 2005 Amendments note set out under section
101 of Title
23, Highways, and Tables.
Section 8103 of the Transportation Equity Act for the 21st Century, referred to in subsec. (c)(4)(D)(ii), is section 8103 of
Pub. L. 105–178, which is set out as a note under section
901 of this title.
The Department of the Interior and Related Agencies Appropriations Act, 2001, referred to in subsec. (c)(4)(E)(xiv), is
Pub. L. 106-291, Oct. 11, 2000,
114 Stat. 922. Title VIII of the Act amended this section and section
901 of this title. For complete classification of this Act to the Code, see Tables.
The Congressional Budget Act of 1974, referred to in subsec. (c)(19), is titles I through IX of
Pub. L. 93–344, July 12, 1974,
88 Stat. 297, as amended. Title V of the Act, known as the Federal Credit Reform Act of 1990, was added by
Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990,
104 Stat. 1388–609, and is classified generally to subchapter III (§ 661 et seq.) of chapter
17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section
621 of this title and Tables.
Codification
Subsection (a) of this section, which provided a partial table of contents for this subchapter was omitted from the Code.
Pub. L. 101–508, § 13101(b), transferred section 257(12) of
Pub. L. 99–177, which was classified to section
907
(12) of this title, to subsec. (c)(21) (now (c)(19)) of this section.
Amendments
2005—Subsec. (c)(4)(B).
Pub. L. 109–59, § 8001(b)(1)(A), substituted “the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users:” for “the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2004, Part V and the Surface Transportation Extension Act of 2003:” in introductory provisions.
Subsec. (c)(4)(B)(v) to (vii).
Pub. L. 109–59, § 8001(b)(1)(B), added cls. (v) to (vii).
Subsec. (c)(4)(C).
Pub. L. 109–59, § 8001(b)(2), added heading and text of subpar. (C) and struck out former subpar. (C) which provided that the term “mass transit category” referred to the budget accounts as listed in cls. (i) to (vi) that were subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century, the Surface Transportation Extension Act of 2004, Part V, and the Surface Transportation Extension Act of 2003, or for which appropriations were provided pursuant to authorizations contained in those Acts, with certain exceptions, and that such term also referred to the Washington Metropolitan Transit Authority account (69–1128–0–1–401) only for fiscal year 1999 only for appropriations provided pursuant to authorizations contained in section 14 of Public Law 96–184 and Public Law 101–551.
2004—Subsec. (c)(4)(B).
Pub. L. 108–310, § 10(c)(1), inserted “and the Surface Transportation Extension Act of 2004, Part V” after “Century”.
Subsec. (c)(4)(C).
Pub. L. 108–310, § 10(c)(2)(A), inserted “and the Surface Transportation Extension Act of 2004, Part V” after “provided in the Transportation Equity Act for the 21st Century”.
Pub. L. 108–310, § 10(c)(2)(B), which directed the substitution of “those Acts” for “that Act”, could not be executed because the words “that Act” did not appear subsequent to amendment by
Pub. L. 108–88. See 2003 Amendment note below.
2003—Subsec. (c)(4)(B).
Pub. L. 108–88, § 10(c)(1), inserted “and the Surface Transportation Extension Act of 2003” after “Century”.
Subsec. (c)(4)(C).
Pub. L. 108–88, § 10(c)(2), inserted “and the Surface Transportation Extension Act of 2003” after “Century” the first place it appears and substituted “those Acts” for “that Act”.
2000—Subsec. (c)(4)(E) to (K).
Pub. L. 106–291 added subpars. (E) to (K).
1998—Subsec. (c)(4).
Pub. L. 105–178, § 8101(c), designated existing provisions as subpar. (A) and added subpars. (B) to (D).
Subsec. (c)(4)(C).
Pub. L. 105–178, § 8101(f), as added by
Pub. L. 105–206, § 9013(b), in introductory provisions, substituted “Century or” for “Century and” and “as amended by the Transportation Equity Act for the 21st Century” for “as amended by this section”, and inserted concluding provisions.
1997—Subsec. (a).
Pub. L. 105–33, §§ 10204(a)(2),
10208
(a)(2), amended table of contents. See Codification note above.
Subsec. (b).
Pub. L. 105–33, § 10202(a), substituted present text for former text which read as follows: “This subchapter provides for the enforcement of the deficit reduction assumed in House Concurrent Resolution 310 (101st Congress, second session) and the applicable deficit targets for fiscal years 1991 through 1995. Enforcement, as necessary, is to be implemented through sequestration—
“(1) to enforce discretionary spending levels assumed in that resolution (with adjustments as provided hereinafter);
“(2) to enforce the requirement that any legislation increasing direct spending or decreasing revenues be on a pay-as-you-go basis; and
“(3) to enforce the deficit targets specifically set forth in the Congressional Budget and Impoundment Control Act of 1974 (with adjustments as provided hereinafter);
applied in the order set forth above.”
Subsec. (c)(1).
Pub. L. 105–33, § 10202(b)(1), struck out “(but including the treatment specified in section
907
(b)(3) of this title of the Hospital Insurance Trust Fund) and the terms ‘maximum deficit amount’ ” before “and ‘discretionary” and substituted “section
901” for “section 601 of that Act as adjusted under sections
901 and
903”.
Subsec. (c)(4).
Pub. L. 105–33, § 10202(b)(2), added par. (4) and struck out former par. (4) which read as follows: “The term ‘category’ means:
“(A) For fiscal years 1991, 1992, and 1993, any of the following subsets of discretionary appropriations: defense, international, or domestic. Discretionary appropriations in each of the three categories shall be those so designated in the joint statement of managers accompanying the conference report on the Omnibus Budget Reconciliation Act of 1990. New accounts or activities shall be categorized in consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate.
“(B) For fiscal years 1994 and 1995, all discretionary appropriations.
Contributions to the United States to offset the cost of Operation Desert Shield shall not be counted within any category.”
Subsec. (c)(6).
Pub. L. 105–33, § 10202(b)(3), added par. (6) and struck out former par. (6) which read as follows: “The term ‘budgetary resources’ means—
“(A) with respect to budget year 1991, new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; direct spending authority; and obligation limitations; or
“(B) with respect to budget year 1992, 1993, 1994, or 1995, new budget authority; unobligated balances; direct spending authority; and obligation limitations.”
Subsec. (c)(9).
Pub. L. 105–33, § 10202(b)(4), substituted “that budget submission that are not included with it” for “submission of the fiscal year 1992 budget that are not included with a budget submission”.
Subsec. (c)(14).
Pub. L. 105–33, § 10202(b)(5), inserted “first 4” before “fiscal years” and struck out “through fiscal year 1995” after “the budget year”.
Subsec. (c)(17).
Pub. L. 105–33, § 10202(b)(6), (7), redesignated par. (18) as (17), substituted “Balanced Budget Act of 1997” for “Omnibus Budget Reconciliation Act of 1990”, and struck out former par. (17) which read as follows: “For purposes of sections
902 and
903 of this title, legislation enacted during the second session of the One Hundred First Congress shall be deemed to have been enacted before November 5, 1990.”
Subsec. (c)(18).
Pub. L. 105–33, § 10202(b)(6), (8), redesignated par. (19) as (18) and substituted “the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates.” for “of the Federal Deposit Insurance Corporation and the funds it incorporates, the Resolution Trust Corporation, the National Credit Union Administration and the funds it incorporates, the Office of Thrift Supervision, the Comptroller of the Currency Assessment Fund, and the RTC Office of Inspector General.” Former par. (18) redesignated (17).
Subsec. (c)(19).
Pub. L. 105–33, § 10202(b)(9), added par. (19) and struck out former par. (19) which read as follows: “The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term ‘prepayment of a loan’ means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term ‘in advance’ shall mean in advance of the slowest payment schedule allowed under such law or contract.”
Pub. L. 105–33, § 10202(b)(6), redesignated par. (21) as (19). Former par. (19) redesignated (18).
Subsec. (c)(20).
Pub. L. 105–33, § 10202(b)(6), struck out par. (20) which read as follows: “The term ‘composite outlay rate’ means the percent of new budget authority that is converted to outlays in the fiscal year for which the budget authority is provided and subsequent fiscal years, as follows:
“(A) For the international category, 46 percent for the first year, 20 percent for the second year, 16 percent for the third year, and 8 percent for the fourth year.
“(B) For the domestic category, 53 percent for the first year, 31 percent for the second year, 12 percent for the third year, and 2 percent for the fourth year.”
Subsec. (c)(21).
Pub. L. 105–33, § 10202(b)(6), redesignated par. (21) as (19).
1990—Subsec. (c)(21).
Pub. L. 101–508, § 13101(b), redesignated section
907
(12) of this title as par. (21).
Change of Name
References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of
Pub. L. 110–246, set out as a note under section
2012 of Title
7, Agriculture.
Effective Date of 1998 Amendment
Title IX of
Pub. L. 105–206 effective simultaneously with enactment of
Pub. L. 105–178 and to be treated as included in
Pub. L. 105–178 at time of enactment, and provisions of
Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of
Pub. L. 105–206 to be treated as not enacted, see section 9016 of
Pub. L. 105–206, set out as a note under section
101 of Title
23, Highways.
Effective and Termination Dates
Pub. L. 103–66, title XIV, § 14002(c)(3)(A), Aug. 10, 1993,
107 Stat. 684, which provided that, notwithstanding section 275(b) of
Pub. L. 99–177, set out below, sections
900,
901,
902, and
904 to
908 of this title were to expire on Sept. 30, 1998, was repealed by
Pub. L. 105–33, title X, § 10212(b), Aug. 5, 1997,
111 Stat. 712.
Pub. L. 99–177, title II, § 275, Dec. 12, 1985,
99 Stat. 1100, as amended by
Pub. L. 100–119, title I, § 106(c), title II, § 210(b), Sept. 29, 1987,
101 Stat. 780, 787;
Pub. L. 101–508, title XIII, §§ 13112(b),
13208
(b), Nov. 5, 1990,
104 Stat. 1388–608, 1388–619;
Pub. L. 105–33, title X, § 10212(a), Aug. 5, 1997,
111 Stat. 712, provided that:
“(a) In General.—
“(1) Except as provided in paragraph (2) and in subsections (b) and (c), this title and the amendments made by this title [see Short Title note below] shall become effective on the date of the enactment of this title [Dec. 12, 1985] and shall apply with respect to fiscal years beginning after September 30, 1985.
“(2)(A) The amendment made by section
201
(a)(2) [amending section
622
(2) of this title], and the amendment made by section
201
(b) [ ( ] insofar as it relates to subsections (c), (f), and (g) of section
302 of the Congressional Budget Act of 1974 [section
633
(c), (f), and (g) of this title] and to subsections (c), (d), and (g) of section
310 of that Act [section
641
(c), (d), and (g) of this title]), shall become effective April 15, 1986.
“(B) The amendment made by section
212 [amending section
652 of this title] shall become effective February 1, 1986.
“(b) Expiration.—Sections 251, 253, 258B, and 271(b) of this Act [sections
901,
903, and
907c of this title and provisions set out as a note below], and sections
1105
(f) and
1106
(c) of title
31, United States Code, shall expire September 30, 2002. The remaining sections of part
C of this title [enacting this subchapter] shall expire September 30, 2006.
“(c) OASDI Trust Funds.—The amendments made by part D [amending section
911 of Title
42, The Public Health and Welfare, and enacting provisions set out as a note under section
911 of Title
42] shall apply as provided in such part.”
[Amendment of section 275(b)(2) of
Pub. L. 99–177, set out above, by section 13208(b) of
Pub. L. 101–508 could not be executed because of general amendment of section
275
(b) by section 13112(b) of
Pub. L. 101–508.]
Short Title of 1997 Amendment
Pub. L. 105–33, title X, § 10001(a), Aug. 5, 1997,
111 Stat. 677, provided that: “This title [enacting sections
645 and
645a of this title, amending this section, sections
601,
602,
622,
631 to
636,
639,
641 to
644,
651,
654,
661a,
661c to
661e,
691a,
691c,
691e,
901,
902,
904 to
907, and
922 of this title, section
1105 of Title
31, Money and Finance, and section
911 of Title
42, The Public Health and Welfare, repealing sections
652,
665 to
665e,
901a, and
908 of this title and section
14212 of Title
42, enacting provisions set out as notes under this section and section
902 of this title, amending provisions set out as notes under this section and section
621 of this title, and repealing provisions set out as notes under this section and sections
621,
631, and
665 of this title] may be cited as the ‘Budget Enforcement Act of 1997’.”
Short Title of 1990 Amendment
Pub. L. 101–508, title XIII, § 13001(a), Nov. 5, 1990,
104 Stat. 1388–573, provided that: “This title [enacting this section and sections
643,
661 to
661f,
665 to
665e, and
907a to
907d of this title, amending sections
601,
602,
622,
631 to
637,
639,
641,
642,
644,
651,
652, and
901 to
907 of this title, section
1022 of Title
15, Commerce and Trade, sections
1105,
1341, and
1342 of Title
31, Money and Finance, and section
401 of Title
42, The Public Health and Welfare, transferring section
921 of this title to section
601
(g) of this title, repealing section
909 of this title, enacting provisions set out as notes under this section and sections
621,
622,
632,
633,
665, and
902 of this title, and amending provisions set out as notes under this section and sections
621 and
632 of this title] may be cited as the ‘Budget Enforcement Act of 1990’.”
Short Title of 1987 Amendment
Pub. L. 100–119, title I, § 101(b), Sept. 29, 1987,
101 Stat. 754, provided that: “This title [enacting section
908 of this title, amending sections
622,
632,
642,
901 to
907, and
922 of this title and section
1105 of Title
31, Money and Finance, enacting provisions set out as notes under section
1395ww of Title
42, The Public Health and Welfare, and amending provisions set out as notes under section
901 of this title and sections
1320b–8 and
1395ww of Title
42] may be cited as the ‘Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987’.”
Short Title
Pub. L. 99–177, title II, § 200(a), Dec. 12, 1985,
99 Stat. 1038, provided that: “This title [enacting this chapter and sections
654 to
656 of this title, amending sections
602,
622,
631 to
642, and
651 to
653 of this title, sections
1104 to
1106 and
1109 of Title
31, Money and Finance, and section
911 of Title
42, The Public Health and Welfare, repealing section
661 of this title, enacting provisions set out as notes under this section and section
911 of Title
42, and amending provisions set out as a note under section
621 of this title] may be cited as the ‘Balanced Budget and Emergency Deficit Control Act of 1985’.”
Habitat Conservation Activities Considered Within Coastal Assistance Sub-Category
Pub. L. 108–7, div. B, title II, § 214, Feb. 20, 2003,
117 Stat. 82, provided that:
“(a) Hereafter, habitat conservation activities, enforcement and surveillance—cooperative enforcement and vessel monitoring, stock assessments—data collection, and highly migratory shark fishery research under the heading, ‘National Oceanic and Atmospheric Administration, Operations, Research and Facilities’, shall be considered to be within the ‘Coastal Assistance sub-category’ in section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [
2 U.S.C.
900
(c)(4)(K)].
“(b) For fiscal year 2004 and thereafter, response and restoration activities, Cooperative Research, Protected Species activities, Endangered Species Act—Marine Mammals, Sea Turtles and Other Species, Endangered Species Act—Right Whales, Marine Mammal Protection, and Sea Grant (except for the fellowship program) under the heading, ‘National Oceanic and Atmospheric Administration, Operations, Research, and Facilities’, shall be considered to be within the ‘Coastal Assistance sub-category’ in section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [
2 U.S.C.
900
(c)(4)(K)].
“(c) All references to outlays in title VIII of Public Law 106–291 [amending this section and section
901 of this title] are repealed.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 107–77, title II, Nov. 28, 2001,
115 Stat. 775.
Purpose of Subtitle B of Title X of Pub. L. 105–33
Section 10201 of title X of
Pub. L. 105–33 provided that: “The purpose of this subtitle [subtitle B (§§ 10201–10213) of title X of
Pub. L. 105–33, amending this section, sections
901,
902,
904 to
907, and
922 of this title, section
1105 of Title
31, Money and Finance, and section
911 of Title
42, The Public Health and Welfare, repealing sections
901a and
908 of this title and section
14212 of Title
42, enacting provisions set out as a note under section
902 of this title, and amending and repealing provisions set out as notes under this section] is to extend discretionary spending limits and pay-as-you-go requirements.”
Restriction on Elimination or Reduction of Programs Relating to Energy and Water Development
Pub. L. 102–377, title V, § 503, Oct. 2, 1992,
106 Stat. 1342, provided that: “None of the programs, projects or activities as defined in the reports accompanying this Act or subsequent Energy and Water Development Appropriations Acts, may be eliminated or disproportionately reduced due to the application of ‘Savings and Slippage’, ‘general reduction’, or the provision of Public Law 99–177 [see Short Title note above] or Public Law 100–119 [see section 213 of
Pub. L. 100–119 set out below] unless such reports expressly provide otherwise.”
Waivers and Suspensions in the Senate
Pub. L. 99–177, title II, § 271(b), Dec. 12, 1985,
99 Stat. 1094, as amended by
Pub. L. 100–119, title II, § 211, Sept. 29, 1987,
101 Stat. 787, provided that: “Sections 301(i), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 [sections
632
(i),
633
(c),
633
(f), former 635(b), 641(d), 641(g), and 642(a) of this title] may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a) of this joint resolution [section
904
(a) of this title].”
[Section 271(b) of
Pub. L. 99–177 expired Sept. 30, 2002. See section 275(a)(1), (b) of
Pub. L. 99–177, as amended, set out as an Effective and Termination Dates note above.]
Appeals of Rulings
Pub. L. 99–177, title II, § 271(c), as added by
Pub. L. 100–119, title II, § 210(a), Sept. 29, 1987,
101 Stat. 787, provided that: “An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the Congressional Budget Act of 1974 [sections
632
(i),
633
(c),
633
(f),
635
(b),
637,
641
(d),
641
(g), or
642
(a) of this title].”
[For effective date of section 271(c) of
Pub. L. 99–177, see section 275(a)(1) of
Pub. L. 99–177, as amended, set out as an Effective and Termination Dates note above.]
Exercise of Congressional Rulemaking Power
Pub. L. 103–66, title XIV, § 14004, Aug. 10, 1993,
107 Stat. 685, provided that: “The Congress enacts the provisions of this part [probably should be “this title”, amending sections
665,
901,
902, and
904 of this title, enacting provisions set out as notes under this section and section
902 of this title, and amending provisions set out as notes under section
665 of this title]—
“(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such these provisions shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”
Section 13305 of title XIII of
Pub. L. 101–508 provided that: “This title and the amendments made by it [see Short Title of 1990 Amendment note above] are enacted by the Congress—
“(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.”
Section 213 of
Pub. L. 100–119 provided that: “This Act and the amendments made by this Act [enacting sections
908 and
909 of this title, amending sections
622,
632,
635,
636,
642,
683,
684,
687,
901 to
907, and
922 of this title and sections
1105 and
3101 of Title
31, Money and Finance, enacting provisions set out as notes under sections
602,
621,
686, and
901 of this title and section
1395ww of Title
42, The Public Health and Welfare, amending provisions set out as notes under section
901 of this title and sections
1320b–8 and
1395ww of Title
42, and repealing provisions set out as a note under section
653 of this title], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by Congress—
“(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.”
Section
271
(d), formerly section 271(c), of
Pub. L. 99–177, as redesignated by
Pub. L. 100–119, title II, § 210(a), Sept. 29, 1987,
101 Stat. 787, provided that: “The provisions of this title [see Short Title note above], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by the Congress—
“(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
“(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.”
Restoration of Trust Fund Investments; Funds Borrowed or Not Invested During Delays in Raising Public Debt Limit
For provisions restoring various trust and retirement funds administered by the Secretary of the Treasury to the position in which they would have been if debt limit increases had been delayed, including transferring amounts to the funds to compensate those funds for current and prospective losses arising from premature redemption of some long term securities when the debt limit was reached, see notes set out under section
3101 of Title
31, Money and Finance.
Executive Order No. 12857
Ex. Ord. No. 12857, Aug. 4, 1993,
58 F.R.
42181, which provided for direct spending targets for fiscal years 1994 through 1997, expired at the end of fiscal year 1997.
Ex. Ord. No. 12858. Deficit Reduction Fund
Ex. Ord. No. 12858, Aug. 4, 1993,
58 F.R.
42185, provided:
By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections
1104 and
1105 of title
31, United States Code, it is hereby ordered as follows:
Section 1. Purpose. It is essential to guarantee that the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [
Pub. L. 103–66, see Tables for classification] is dedicated exclusively to reducing the deficit.
Sec. 2. Deficit Reduction Fund.
(a) Establishment of the Fund. There is established a separate account in the Treasury, known as the Deficit Reduction Fund, which shall receive the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [
Pub. L. 103–66, see Tables for classification] as called for in subsection (b) of this order.
(b) Amounts in Fund. Beginning upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993], the Deficit Reduction Fund shall receive any increases in total revenues resulting from enactment of such Act on a daily basis. In addition, on a daily basis, the Secretary of the Treasury shall enter into such account an amount equivalent to the net deficit reduction achieved as a result of all spending reductions resulting from such Act. The cumulative fiscal year amounts for the combination of all such revenue increases and spending reductions shall be equal to:
(1) for fiscal year 1994, $60,292,000,000;
(2) for fiscal year 1995, $70,437,000,000;
(3) for fiscal year 1996, $92,061,000,000;
(4) for fiscal year 1997, $125,881,000,000;
(5) for fiscal year 1998, $146,939,000,000.
Within 30 days of enactment of the Omnibus Budget Reconciliation Act of 1993, the foregoing amounts may be adjusted by the Director of the Office of Management and Budget to reflect the final scoring of such Act.
(c) Status of Amounts in Fund. (i) The amounts in the Deficit Reduction Fund shall be used exclusively to redeem maturing debt obligations of the Treasury of the United States held by foreign governments in the amounts specified in subsection (b).
(ii) The amounts in the Deficit Reduction Fund as set forth in subsection (b) that result from increases in total revenues and spending reductions shall not be available for new spending or to finance measures that increase the deficit for purposes of budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 (
2 U.S.C. 901–922 [900–922]).
(d) Effect on Other Funds. Establishment of and transfers to the Deficit Reduction Fund shall not affect trust fund transfers that may be authorized or required by provisions of the Omnibus Reconciliation Act of 1993 or any other provision of law.
Sec. 3. Requirement for the President To Report Annually on the Status of the Fund. The Director of the Office of Management and Budget shall include in the President’s Budget transmitted under section
1105 of title
31, United States Code, information about the Deficit Reduction Fund, including a separate statement of amounts in and Federal debt redeemed by that Fund.
Sec. 4. Implementation. The Secretary of the Treasury and the Director of the Office of Management and Budget shall each take such actions as may be necessary, within their respective authorities, promptly to carry out this order.
Sec. 5. Effective Date. This order shall take effect upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993].
William J. Clinton.