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PART C C
EMERGENCY POWERS

TO ELIMINATE
DEFICITS1056 IN EXCESS

OF MAXIMUM
DEFICIT AMOUNT1057

SEC. 250. TABLE OF CONTENTS; STATE

MENT OF BUDGET ENFORCEMENT
THROUGH SEQUESTRATION;158 DEFINI-
TIONS.

(a) TABLE OF CONTENTS. -

1060

Sec. 250. Table of contents; budget enforcement statement; definitions.
Sec. 251. Enforcing discretionary spending limits."
Sec. 252. Enforcing pay-as-you-go.

1056

Section 250(c)(1) (see infra p. 372) defines "deficit" at least in part by reference to the definition of section 3(6) of the Cong ssional Budget Act. See supra p. 16.

1097 Section 250(c)(1) of Gramm-Rudman-Hollings (see infra p. 372) defines "maximum deficit amount" by adopting the definition of section 601(a)(1) of the Congressional Budget Act (see supra p. 252) as adjusted under sections 251 and 253 of Gramm-RudmanHollings. See infra pp. 403-429, 457-473.

1058

Section 250(c)(2) defines "sequestration." See infra p. 372.

1059

Section 13101(a) of the Budget Enforcement Act added section 250 (see infra p. 617), with the exception of section 250(c)(21), which section 13101(b) of the Budget Enforcement Act transferred from section 257(12) of Gramm-Rudman-Hollings. See infra

p. 617.

1060 Section 250(c)(1) of Gramm-Rudman-Hollings (see infra p. 372) defines "discretionary spending limit" by adopting the definition of section 601(a)(2) of the Congressional Budget Act (see supra pp. 254-256) as adjusted under sections 251 and 253 of Gramm

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1064

(b) GENERAL STATEMENT OF BUDGET ENFORCEMENT THROUGH SEQUESTRATION. This part provides for the enforcement of the deficit1065 reduction assumed in House Concurrent Resolution 310 (101st Congress, second session) 1066 and the applicable deficit targets1067 for fiscal years 1991 through 1995. Enforcement, as necessary, is to be implemented through sequestration

1

(1) to enforce discretionary spending levels assumed in that resolution (with adjustments as provided hereinafter);

1068

(2) to enforce the requirement that any legislation increasing direct spending or decreasing revenues be on a pay-as-you-go basis; and

1061

Section 250(c)(1) (see infra p. 372) defines "deficit" at least in part by reference to the definition of section 3(6) of the Congressional Budget Act. See supra p. 16.

1062

Section 250(c) (see infra p. 374) defines "baseline" in substantial part by reference to section 257. See infra pp. 529-541.

1063

Section 250(c)(2) defines "sequestration." See infra p. 372.

1064

Section 250(c)(2) defines "sequestration." See infra p. 372.

1065

Section 250(c)(1) (see infra p. 372) defines "deficit" at least in part by reference to the definition of section 3(6) of the Congressional Budget Act. See supra p. 16.

1066

This is the budget resolution for fiscal year 1991 implementing the bipartisan budget agreement between the President and the joint leadership of Congress.

1067

Section 601(a)(1) of the Congressional Budget Act defines "maximum deficit amount." See supra pp. 252-254.

(3) to enforce the deficit targets specifically set forth 1069 in the Congressional Budget and Impoundment Control Act of 1974 (with adjustments as provided hereinafter);

applied in the order set forth above. 1070

1069

Section 601(a)(1) of the Congressional Budget Act defines "maximum deficit amount." See supra pp. 252-254.

1070 Whereas Gramm-Rudman-Hollings used to enforce just deficit targets, the Budget Enforcement Act amended Gramm-Rudman-Hollings to set up a mechanism with three separate parts. These parts enforce:

(1) caps on discretionary spending,

(2) a regime of paying for entitlement and tax legislation as we go along, and

(3) maximum deficit amounts, or deficit targets.

Because the law (in section 253(g)) also provides that the President must adjust these deficit targets annually through fiscal year 1993 (see infra pp. 461-466), the first two types of enforcement will for all practical purposes govern the budget enforcement through fiscal year 1993. For fiscal years 1994 and 1995, all three types of enforcement may come into play, depending on whether the President who is in office on January 21, 1993, exercises his or her option under the law (in section 253(g)(1)(B)) to extend the current system of adjustments. See infra p. 462.

Section 250(b) lays out this three-part mechanism in general terms. The statement of managers accompanying the conference report on the Budget Enforcement Act explains generally the sequestration mechanisms that the Act added:

TITLE XIII -- BUDGET ENFORCEMENT

BUDGET ENFORCEMENT ACT OF 1990

The conference agreement adds new enforcement mechanisms for discretionary spending(,) entitlements, and rece[ip]ts to preserve the deficit reduction achieved by this Act over the next five years. The conference agreement adds a pay-as-you-go mechanism to ensure that any new entitlement or receipt legislation will not increase the deficit. The conference agreement also sets forth limits (caps) on discretionary spending provided in the annual appropriations process for each of fiscal years 1991 through 1995, and enforces these through a mechanism to require across-the-board cuts within any category to make up for any overages. To enforce deficit targets in fiscal years 1994 and 1995, the conference agreement extends the existing GrammRudman-Hollings mechanism through fiscal year 1995, but with new procedures to allow adjustment for revised economic and technical estimates, in

(c) DEFINITIONS. 1071

As used in this part:

(1) The terms "budget authority", "new budget authority", "outlays", and "deficit" have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 (but including the treatment specified in section 257(b)(3) of the Hospital Insurance Trust Fund 1072) and the terms "maximum deficit amount" and "discretionary spending limit" shall mean the amounts specified in section 6011073 of that Act as adjusted under sections 251 and 253 of this Act.

(2) The terms "sequester" and "sequestration" refer to or mean the cancellation of budgetary resources

1074

1070 ...continued)

1994 and 1995 at the President's option.

H.R. CONF. REP. No. 101-964, 101st Cong., 2d Sess. 1,151 (1990).

1071

Section 13101(a) of the Budget Enforcement Act added section 250(c). See infra p. 617. For legislative history of section 250(c), see infra note 1117 (at the end of this section).

1072 Section 257(b)(3) provides:

(3) HOSPITAL INSURANCE TRUST FUND. -- Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act.

See infra p. 530.

For a discussion of whether section 257(b)(3) creates definitions for GrammRudman-Hollings that differ from those for the Congressional Budget Act, see infra note 1536 (at section 257(b)(3)).

1073

Section 601(a)(1) of the Congressional Budget Act defines "maximum deficit amount." See supra pp. 252-254. Section 601(a)(2) of the Congressional Budget Act defines "discretionary spending limit." See supra pp. 254-256.

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