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2 U.S.C. § 661cBudgetary treatment

submitted 36 years ago by Pub. L. 93-344 to r/title-2-THE-CONGRESS · 502 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires the President’s budget to show credit-program costs and controls new credit commitments through appropriations. It sets accounting rules for accounts, reestimates, modifications, and administrative expenses.

(a) President’s budget. Beginning in fiscal year 1992, the President’s budget must show direct-loan and guarantee-program costs and the planned new direct-loan obligations or guarantee commitments tied to each appropriations request. (b) Appropriations required. Despite other law, from fiscal year 1992 onward new direct-loan obligations and guarantee commitments may be made only if (1) an appropriations Act provides budget authority in advance for their costs, (2) an appropriations Act provides an advance limit on funds otherwise available for those costs, or (3) an appropriations Act otherwise provides authority. (c) Mandatory-program exemption. Subsections (b) and (e) do not apply to a program that (1) is an entitlement, such as guaranteed student loans or veterans’ home-loan guarantees, or (2) consists of all Commodity Credit Corporation credit programs existing on November 5, 1990. (d) Budget accounting. (1) Authority to incur new obligations, make new commitments, or modify outstanding loans or guarantees is new budget authority equal to the relevant cost in the year definite authority becomes available or indefinite authority is used. That authority obligates the credit program account to pay the financing account. (2) Outlays for that cost are paid from the credit program account to the financing account and recorded when the loan is disbursed or its cost changed. (3) Financing-account collections and payments are means of financing. (e) Modifications. An outstanding loan or guarantee may not be modified to increase its cost unless advance budget authority for the added cost is provided in an appropriations Act. (f) Reestimates. If a fiscal year’s group of loans or guarantees is reestimated later, the difference from the earlier estimate must appear as a separate identified subaccount in the credit program account, showing changes in program costs and net interest. Permanent indefinite authority is provided for these reestimates. (g) Administrative expenses. All agency funding for administering a direct-loan or guarantee program must appear as separate identified subaccounts in the same budget account as the program’s cost.
the actual law source: uscode.house.gov ↗public domain
(a) President’s budget

Beginning with fiscal year 1992, the President’s budget shall reflect the costs of direct loan and loan guarantee programs. The budget shall also include the planned level of new direct loan obligations or loan guarantee commitments associated with each appropriations request.

(b) Appropriations required

Notwithstanding any other provision of law, new direct loan obligations may be incurred and new loan guarantee commitments may be made for fiscal year 1992 and thereafter only to the extent that—

(1)

new budget authority to cover their costs is provided in advance in an appropriations Act;

(2)

a limitation on the use of funds otherwise available for the cost of a direct loan or loan guarantee program has been provided in advance in an appropriations Act; or

(3)

authority is otherwise provided in appropriation Acts.

(c) Exemption for mandatory programs

Subsections (b) and (e) shall not apply to a direct loan or loan guarantee program that—

(1)

constitutes an entitlement (such as the guaranteed student loan program or the veterans’ home loan guaranty program); or

(2)

all existing credit programs of the Commodity Credit Corporation on November 5, 1990.

(d) Budget accounting
(1)

The authority to incur new direct loan obligations, make new loan guarantee commitments, or modify outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) shall constitute new budget authority in an amount equal to the cost of the direct loan or loan guarantee in the fiscal year in which definite authority becomes available or indefinite authority is used. Such budget authority shall constitute an obligation of the credit program account to pay to the financing account.

(2)

The outlays resulting from new budget authority for the cost of direct loans or loan guarantees described in paragraph (1) shall be paid from the credit program account into the financing account and recorded in the fiscal year in which the direct loan or the guaranteed loan is disbursed or its costs altered.

(3)

All collections and payments of the financing accounts shall be a means of financing.

(e) Modifications

An outstanding direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) shall not be modified in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriations Act.

(f) Reestimates

When the estimated cost for a group of direct loans or loan guarantees for a given credit program made in a single fiscal year is reestimated in a subsequent year, the difference between the reestimated cost and the previous cost estimate shall be displayed as a distinct and separately identified subaccount in the credit program account as a change in program costs and a change in net interest. There is hereby provided permanent indefinite authority for these reestimates.

(g) Administrative expenses

All funding for an agency’s administration of a direct loan or loan guarantee program shall be displayed as distinct and separately identified subaccounts within the same budget account as the program’s cost.

Source credit: (Pub. L. 93–344, title V, § 504, as added Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–612; amended Pub. L. 105–33, title X, § 10117(b), Aug. 5, 1997, 111 Stat. 693.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 93-344 · 104 Stat. 1388
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 693

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-344 on 1990-11-05.

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