SEC. 13203. DEBT INCREASE AS MEASURE OF DEFI CIT; DISPLAY OF FEDERAL RETIREMENT TRUST FUND BALANCES. 633 SEC. 13204. PAY-AS-YOU-GO PROCEDURES. SEC. 13205. AMENDMENTS TO SECTION 303. (a) IN GENERAL. (b) EXCEPTIONS. 636 SEC. 13206. AMENDMENTS TO SECTION 308. 638 (a) REPORTS AND SUMMARIES OF CONGRESSIONAL BUDGET AC (c) ADJUSTMENT IN THE SENATE OF ALLOCATIONS AND AGGRE- 641 (d) RECONCILIATION INSTRUCTIONS. 642 SEC. 13208. STANDARDIZATION OF ADDITIONAL DEFI- 643 SEC. 13209. CODIFICATION OF PRECEDENT WITH 645 SEC. 13210. SUPERSEDED DEADLINES AND CONFORM- 646 ... SEC. 13213. CONFORMING CHANGE TO TITLE 31. 653 653 ... 654 SEC. 13214. THE BYRD RULE ON EXTRANEOUS 655 (a) THE BYRD RULE ON EXTRANEOUS MATTER IN RECON CILIATION. 655 (b) TRANSFER OF BYRD RULE. 656 SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST 659 (a) EXCLUSION OF SOCIAL SECURITY FROM ALL BUDGETS. 659 (b) EXCLUSION OF SOCIAL SECURITY FROM CONGRESSIONAL BUDGET. SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN SEC. 13303. SOCIAL SECURITY FIREWALL AND POINT OF ORDER IN THE SENATE. ... SEC. 13304. REPORT TO THE CONGRESS BY THE 659 665 665 667 667 669 669 669 669 671 SEC. 13305. EXERCISE OF RULEMAKING POWER. 672 673 ... 674 Subtitle D-- Treatment of Fiscal Year 1991 Sequestration 675 675 675 675 675 681 SEC. 13501. FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENT-SPONSORED ENTERPRISES.... Government-sponsored enterprise GSE.... (b) TREASURY DEPARTMENT STUDY AND PROPOSED LEGISLA 681 681 681 681 682 683 684 685 688 688 SEC. 1108. PREPARATION AND SUBMISSION OF APPRO- TIMATES 713 SEC. 1110. YEAR-AHEAD REQUESTS FOR AUTHORIZ- 714 SEC. 1111. IMPROVING ECONOMY AND EFFICIENCY 715 716 The law governing the budget process resembles nothing so much as sediment. It has accumulated in several statutes, each layered upon the prior one: the Congressional Budget Act of 1974,' Gramm-RudmanHollings in 1985 and again in 1987,2 the Byrd Rule in 1985,' and most recently, the Budget Enforcement Act of 1990. In addition, precedents have put a gloss on the law as applied in the Senate. This incremental growth has created something of a legal nettle. This volume collects the major legislation affecting the Congressional budget process, explains references found there, points out some of the major precedents in the Senate interpreting the law, and incorporates some legislative history material. It magnifies the details with the hope that seeing more will also allow the reader to understand the process better. The text includes first the Congressional Budget Act, then GrammRudman-Hollings, then the Budget Enforcement Act, and finally chapter 11 of title 31 of the United States Code (which sets forth the requirements for the President's budget) each as amended over the years. Footnotes set forth sections that subsequent laws have repealed. With regard to Congressional interpretation of these statutes, this 1 The Congressional Budget and Impoundment Control Act of 1974, Pub. L. No. 93344, 88 Stat. 297 (July 12, 1974) (codified as amended at 2 U.S.C. § § 601-688). 2 The Balanced Budget and Emergency Deficit Control Act of 1985, Pub. L. No. 99177, tit. II, 99 Stat. 1037, 1038 (Dec. 12, 1985), amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, Pub. L. No. 100-119, tit. I-II, 101 Stat. 754 (Sept. 29, 1987), and further amended (codified as amended at 2 U.S.C. § § 901922). 3 Section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272, § 20001, 100 Stat. 82, 390-91 (Apr. 7, 1986), amended by the Omnibus Budget Reconciliation Act of 1986, Pub. L. No. 99-509, § 7006, 100 Stat. 1874, 1949-1950 (Oct. 21, 1986), and amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, Pub. L. No. 100-119, § 205, 101 Stat. 754, 784-85 (Sept. 29, 1987), and amended by the Budget Enforcement Act of 1990, Pub. L. No. 101-508, § 13214, 104 Stat. (Nov. 5, 1990); H.R. CONF. REP. No. 101-964, 101st Cong., 2d Sess. 603, 653-55 (1990); 136 CONG. REC. H12,589, H12,603 (Oct. 26, 1990). 4 The Budget Enforcement Act of 1990, Pub. L. No. 101-508, tit. XIII, 104 Stat. (Nov. 5, 1990); H.R. CONF. REP. No. 101-964, 101st Cong., 2d Sess. 603-63 (1990); 136 CONG. REC. H12,589-605 (Oct. 26, 1990). xxvii work focuses on the Senate's precedents. The author defers to his colleagues on the House side of the Capitol for interpretation of the Act in that Body. Several sources exist for research on precedents in the House. This volume builds on an earlier one, called the Congressional Budget Act Annotated. As its contents have expanded to address more than just the Congressional Budget Act, so has its title changed. This volume, however, completely supersedes the earlier one. The author expects that the reader will not so much read this volume as consult it. Consequently, footnotes often repeat information that relates to several different sections. The author hopes that what the volume thus loses to bulk it makes up in ease of access to information. GUIDE TO SIGNALS The citations in this volume follow the rules of A Uniform System of Citation:' No signal E.g., See before a citation means that the cited authority states the proposition, identifies the source of the quotation, or identifies an authority identified in the text. before a citation means that the cited authority, among other authorities, states the proposition. before a citation means that the cited authority directly supports the proposition. E.g., W. BROWN, CONSTITUTION, JEFFERSON'S MANUAL AND RULES OF THE HOUSE OF REPRESENTATIVES, 100th Cong., 2d Sess. (1988) (H. Doc. No. 100-248); DESCHLER-BROWN, PROCEDURE IN THE U.S. HOUSE OF REPRESENTATIVES ch. 13 (1987); 3 L. DESCHLER, DESCHLER'S PRECEDENTS OF THE UNITED STATES HOUSE OF REPRESENTATIVES ch. 13, § 21 (1977). 6 W. DAUSTER, CONGRESSIONAL BUDGET ACT ANNOTATED, S. PRT. NO. 101-86, 101st Cong., 2d Sess. (1990). 7 HARVARD LAW REVIEW ASS'N, A UNIFORM SYSTEM OF CITATION 8-9, 21 (14th ed. 1986). |