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(C) does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under such part, on the claim or defense that the constitutional powers of the President prevent such sequestration or reduction or permit the avoidance of such sequestration or reduction, and such claim or defense is finally determined by the Supreme Court of the United States to be valid, then the entire order issued pursuant to section 252(b) for such fiscal year shall be null and void.

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(e) TIMING OF RELIEF. No order of any court granting declaratory or injunctive relief from the order of the President issued under section 252, including but not limited to relief permitting or requiring the expenditure of funds sequestered by such order, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or, if appeal is taken, during the period before the court to which such appeal is taken has entered its final order disposing of such action.

(f) ALTERNATIVE PROCEDURES FOR THE JOINT Reports of thE DIRECTORS. -

(1) In the event that any of the reporting procedures described in section 251 are invalidated, then any report of the Directors referred to in section 251(a) or (c)(1) shall be transmitted to the joint committee established under this subsection.

(2) Upon the invalidation of any such procedure there is established a Temporary Joint Committee on Deficit Reduction, composed of the entire membership of the Budget Committees of the House of Representatives and the Senate. The Chairman of these two committees shall act as Co-Chairmen of the Joint Committee. Actions

majority vote of the members representing each House. The purposes of the Joint Committee are to receive the reports of the Directors as described in paragraph (1), and to report (with respect to each such report of the Directors) a joint resolution as described in paragraph (3).

(3) No later than 5 days after the receipt of a report of the Directors in accordance with paragraph (1), the Joint Committee shall report to the House of Representatives and the Senate a joint resolution setting forth the contents of the report of the Directors.

(4) The provisions relating to the consideration of a joint resolution under section 254(a)(4) shall apply to the consideration of a joint resolution reported pursuant to this subsection in the House of Representatives and the Senate, except that debate in each House shall be limited to two hours.

(5) Upon its enactment, the joint resolution shall be deemed to be the report received by the President under section 251(b) or (c) (2) (whichever is applicable).

(g) PRESERVATION OF OTHER RIGHTS. -- The rights created by this section are in addition to the rights of any person under law, subject to subsection (e).

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(h) ECONOMIC DATA, ASSUMPTIONS, AND METHODOLOGIES. The economic data, assumptions, and methodologies used by the Comptroller General in computing the base levels of total revenues and total budget outlays, 1625 as specified in any report issued by the Comptroller General under section 251(b) or (c)(2), shall not be subject to review in any judicial or administrative proceeding.

1625 Section 250(c)(1) (see supra p. 372) defines "outlays" at least in part by reference to the definition of section 3(1) of the Congressional Budget Act. See supra p. 11.

SEC. 275. EFFECTIVE DATES.

(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 shall become effective on the date of the enactment of this title and shall apply with respect to fiscal years beginning after September 30, 1985.

(2)(A) The amendment made by section 201(a)(2), 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 and to subsections (c), (d), and (g) of section 310 of that Act), shall become effective April 15, 1986.

(B) The amendment made by section 212 shall become effective February 1, 1986.

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(b) EXPIRATION. 1626 Part C of this title, section 271(b) of this Act, and sections 1105(f) and 1106(c) of title 31, United States Code, shall expire September 30, 1995; and (E) the second sentence of section 904(c) of the Congressional Budget and Impoundment Control Act of 1974 and the final sentence of section 904(d) of that Act.1627

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(c) OASDI TRUST FUNDS. The amendments made by part D shall apply as provided in such part.

1626 Section 13112(b) of the Budget Enforcement Act amended subsection (b) to read as it does now. See infra p. 626. Before enactment of the Budget Enforcement Act, subsection (b) read as follows:

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(1) Part C of this title, and the other provisions contained in or added by this title which are listed in paragraph (2), shall expire September 30, 1993.

follows:

(2) The other provisions referred to in paragraph (1) are as

(A) section 3(7) of the Congressional Budget and Impoundment Control Act of 1974 and the second sentence of section 3(6) of such Act (as added by section 201(a)(1) of this joint resolution);

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(B) sections 301(i) and 304(b) of the Congressional Budget Act of 1974 and the portion of section 311(a) of such Act which begins with "or, in the Senate" and ends with "paragraph (2) of such subsection)" (as added by section 201(b) of this joint resolution);

(C) sections 1105(f) and 1106(c) of title 31, United States Code (as added by sections 241(b) and 242(b) of this joint resolution); and

(D) section 271(b) of this joint resolution.

The Budget Enforcement Act moved much of the matter to which the old subsection (b) referred to title VI of the Congressional Budget Act (see supra pp. 251-279), which section 607 of that Act makes clear applies only to fiscal years 1991 through 1995. See supra p. 279.

1627 Section 13208(b) of the Budget Enforcement Act added this final expiration, beginning with "and (E)." See infra 644. This addition made more sense in the format of subsection (b) as it existed before enactment of the Budget Enforcement Act (see supra note 1626), but Congress clearly intended that the sentences referred to expire at the same

THE BUDGET ENFORCEMENT ACT OF 1990

40-508 0 - 91 - 21

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