§ 901. — Enforcing discretionary spending limits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC901]
TITLE 2--THE CONGRESS
CHAPTER 20--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
SUBCHAPTER I--ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT
AMOUNT
Sec. 901. Enforcing discretionary spending limits
(a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress adjourns to end a session
and on the same day as a sequestration (if any) under section 902 of
this title and section 903 of this title, there shall be a
sequestration to eliminate a budget-year breach, if any, within any
category.
(2) Eliminating a breach
Each non-exempt account within a category shall be reduced by a
dollar amount calculated by multiplying the baseline level of
sequestrable budgetary resources in that account at that time by the
uniform percentage necessary to eliminate a breach within that
category; except that the health programs set forth in section
906(e) of this title shall not be reduced by more than 2 percent and
the uniform percent applicable to all other programs under this
paragraph shall be increased (if necessary) to a level sufficient to
eliminate that breach. If, within a category, the discretionary
spending limits for both new budget authority and outlays are
breached, the uniform percentage shall be calculated by--
(A) first, calculating the uniform percentage necessary to
eliminate the breach in new budget authority, and
(B) second, if any breach in outlays remains, increasing the
uniform percentage to a level sufficient to eliminate that
breach.
(3) Military personnel
If the President uses the authority to exempt any military
personnel from sequestration under section 905(f) of this title,
each account within subfunctional category 051 (other than those
military personnel accounts for which the authority provided under
section 905(f) of this title has been exercised) shall be further
reduced by a dollar amount calculated by multiplying the enacted
level of non-exempt budgetary resources in that account at that time
by the uniform percentage necessary to offset the total dollar
amount by which outlays are not reduced in military personnel
accounts by reason of the use of such authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1), there is in effect
an Act making or continuing appropriations for part of a fiscal year
for any budget account, then the dollar sequestration calculated for
that account under paragraphs (2) and (3) shall be subtracted from--
(A) the annualized amount otherwise available by law in that
account under that or a subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is
enacted, from the amount otherwise provided by the full-year
appropriation.
(5) Look-back
If, after June 30, an appropriation for the fiscal year in
progress is enacted that causes a breach within a category for that
year (after taking into account any sequestration of amounts within
that category), the discretionary spending limits for that category
for the next fiscal year shall be reduced by the amount or amounts
of that breach.
(6) Within-session sequestration
If an appropriation for a fiscal year in progress is enacted
(after Congress adjourns to end the session for that budget year and
before July 1 of that fiscal year) that causes a breach within a
category for that year (after taking into account any prior
sequestration of amounts within that category), 15 days later there
shall be a sequestration to eliminate that breach within that
category following the procedures set forth in paragraphs (2)
through (4).
(7) Estimates
(A) CBO estimates
As soon as practicable after Congress completes action on
any discretionary appropriation, CBO, after consultation with
the Committees on the Budget of the House of Representatives and
the Senate, shall provide OMB with an estimate of the amount of
discretionary new budget authority and outlays for the current
year (if any) and the budget year provided by that legislation.
(B) OMB estimates and explanation of differences
Not later than 7 calendar days (excluding Saturdays,
Sundays, and legal holidays) after the date of enactment of any
discretionary appropriation, OMB shall transmit a report to the
House of Representatives and to the Senate containing the CBO
estimate of that legislation, an OMB estimate of the amount of
discretionary new budget authority and outlays for the current
year (if any) and the budget year provided by that legislation,
and an explanation of any difference between the 2 estimates. If
during the preparation of the report OMB determines that there
is a significant difference between OMB and CBO, OMB shall
consult with the Committees on the Budget of the House of
Representatives and the Senate regarding that difference and
that consultation shall include, to extent practicable, written
communication to those committees that affords such committees
the opportunity to comment before the issuance of the report.
(C) Assumptions and guidelines
OMB estimates under this paragraph shall be made using
current economic and technical assumptions. OMB shall use the
OMB estimates transmitted to the Congress under this paragraph.
OMB and CBO shall prepare estimates under this paragraph in
conformance with scorekeeping guidelines determined after
consultation among the House and Senate Committees on the
Budget, CBO, and OMB.
(D) Annual appropriations
For purposes of this paragraph, amounts provided by annual
appropriations shall include any new budget authority and
outlays for the current year (if any) and the budget year in
accounts for which funding is provided in that legislation that
result from previously enacted legislation.
(b) Adjustments to discretionary spending limits
(1) Preview report
(A) Concepts and definitions.--When the President submits the
budget under section 1105 of title 31, OMB shall calculate and the
budget shall include adjustments to discretionary spending limits
(and those limits as cumulatively adjusted) for the budget year and
each outyear to reflect changes in concepts and definitions. Such
changes shall equal the baseline levels of new budget authority and
outlays using up-to-date concepts and definitions minus those levels
using the concepts and definitions in effect before such changes.
Such changes may only be made after consultation with the committees
\1\ on Appropriations and the Budget of the House of Representatives
and the Senate and that consultation shall include written
communication to such committees that affords such committees the
opportunity to comment before official action is taken with respect
to such changes.
---------------------------------------------------------------------------
\1\ So in original. Probably should be capitalized.
---------------------------------------------------------------------------
(B) Adjustment to align highway spending with revenues.--(i)
When the President submits the budget under section 1105 of title
31, OMB shall calculate and the budget shall include adjustments to
the highway category for the budget year and each outyear as
provided in clause (ii)(I)(cc).
(ii)(I)(aa) OMB shall take the actual level of highway receipts
for the year before the current year and subtract the sum of the
estimated level of highway receipts in subclause (II) plus any
amount previously calculated under item (bb) for that year.
(bb) OMB shall take the current estimate of highway receipts for
the budget year and subtract the estimated level of receipts for
that year.
(cc) OMB shall take the sum of the amounts calculated under
items (aa) and (bb), add that sum to the amount of obligations set
forth in section 8103 of the Transportation Equity Act for the 21st
Century for the highway category for the budget year, and calculate
the outlay change resulting from that change in obligations relative
to that amount for the budget year and each outyear using current
estimates. After making the calculation under the preceding
sentence, OMB shall adjust the amount of obligations set forth in
that section for the budget year by adding the sum of the amounts
calculated under items (aa) and (bb).
(II) The estimated level of highway receipts for the purposes of
this clause are--
(aa) for fiscal year 1998, $22,164,000,000;
(bb) for fiscal year 1999, $32,619,000,000;
(cc) for fiscal year 2000, $28,066,000,000;
(dd) for fiscal year 2001, $28,506,000,000;
(ee) for fiscal year 2002, $28,972,000,000; and
(ff) for fiscal year 2003, $29,471,000,000.
(III) In this clause, the term ``highway receipts'' means the
governmental receipts credited to the highway account of the Highway
Trust Fund.
(C)(i) In addition to the adjustment required by subparagraph
(B), when the President submits the budget under section 1105 of
title 31 for fiscal years \2\ 2000, 2001, 2002, or 2003, OMB shall
calculate and the budget shall include for the budget year and each
outyear an adjustment to the limits on outlays for the highway
category and the mass transit category equal to--
---------------------------------------------------------------------------
\2\ So in original. Probably should be ``year''.
---------------------------------------------------------------------------
(I) the outlays for the applicable category calculated
assuming obligation levels consistent with the estimates
prepared pursuant to subparagraph (D), as adjusted, using
current technical assumptions; minus
(II) the outlays for the applicable category set forth in
the subparagraph (D) estimates, as adjusted.
(ii) The adjustment made pursuant to clause (i) in the fiscal
years 2002 and 2003 budget submissions of the President under
section 1105(a) of title 31 shall not exceed 4 percent plus
cumulative carryovers. In this clause, the term ``cumulative
carryovers'' means the total of each amount by which outlays for the
highway and mass transit category for any fiscal year are less than
the outlay limit for that category, as adjusted, for that year less
any amount of carryover used in the previous year.
(D)(i) When OMB and CBO submit their final sequester report for
fiscal year 1999, that report shall include an estimate of the
outlays for each of the categories that would result in fiscal years
2000 through 2003 from obligations at the levels specified in
section 8103 of the Transportation Equity Act for the 21st Century
using current assumptions.
(ii) When the President submits the budget under section 1105 of
title 31 for fiscal years \2\ 2000, 2001, 2002, or 2003, OMB shall
adjust the estimates made in clause (i) by the adjustments by
subparagraphs (B) and (C).
(E) OMB shall consult with the Committees on the Budget and
include a report on adjustments under subparagraphs (B) and (C) in
the preview report.
(2) Sequestration reports
When OMB submits a sequestration report under section 904(e),
(f), or (g) of this title for a fiscal year, OMB shall calculate,
and the sequestration report and subsequent budgets submitted by the
President under section 1105(a) of title 31 shall include
adjustments to discretionary spending limits (and those limits as
adjusted) for the fiscal year and each succeeding year through 2002,
as follows:
(A) Emergency appropriations
If, for any fiscal year, appropriations for discretionary
accounts are enacted that the President designates as emergency
requirements and that the Congress so designates in statute, the
adjustment shall be the total of such appropriations in
discretionary accounts designated as emergency requirements and
the outlays flowing in all fiscal years from such
appropriations. This subparagraph shall not apply to
appropriations to cover agricultural crop disaster assistance.
(B) Special outlay allowance
If, in any fiscal year, outlays for a category exceed the
discretionary spending limit for that category but new budget
authority does not exceed its limit for that category (after
application of the first step of a sequestration described in
subsection (a)(2) of this section, if necessary), the adjustment
in outlays for a fiscal year is the amount of the excess but not
to exceed 0.5 percent of the sum of the adjusted discretionary
spending limits on outlays for that fiscal year.
(C) Continuing disability reviews
(i) If a bill or joint resolution making appropriations for
a fiscal year is enacted that specifies an amount for continuing
disability reviews under the heading ``Limitation on
Administrative Expenses'' for the Social Security
Administration, the adjustments for that fiscal year shall be
the additional new budget authority provided in that Act for
such reviews for that fiscal year and the additional outlays
flowing from such amounts, but shall not exceed--
(I) for fiscal year 1998, $290,000,000 in additional new
budget authority and $338,000,000 in additional outlays;
(II) for fiscal year 1999, $520,000,000 in additional
new budget authority and $520,000,000 in additional outlays;
(III) for fiscal year 2000, $520,000,000 in additional
new budget authority and $520,000,000 in additional outlays;
(IV) for fiscal year 2001, $520,000,000 in additional
new budget authority and $520,000,000 in additional outlays;
and
(V) for fiscal year 2002, $520,000,000 in additional new
budget authority and $520,000,000 in additional outlays.
(ii) As used in this subparagraph--
(I) the term ``continuing disability reviews'' means
reviews or redeterminations as defined under section
401(g)(1)(A) of title 42 and reviews and redeterminations
authorized under section 211 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996;
(II) the term ``additional new budget authority'' means
the amount provided for a fiscal year, in excess of
$200,000,000, in an appropriations Act and specified to pay
for the costs of continuing disability reviews under the
heading ``Limitation on Administrative Expenses'' for the
Social Security Administration; and
(III) the term ``additional outlays'' means outlays, in
excess of $200,000,000 in a fiscal year, flowing from the
amounts specified for continuing disability reviews under
the heading ``Limitation on Administrative Expenses'' for
the Social Security Administration, including outlays in
that fiscal year flowing from amounts specified in Acts
enacted for prior fiscal years (but not before 1996).
(D) Allowance for IMF
If an appropriation bill or joint resolution is enacted for
a fiscal year through 2002 that includes an appropriation with
respect to clause (i) or (ii), the adjustment shall be the
amount of budget authority in the measure that is the dollar
equivalent of the Special Drawing Rights with respect to--
(i) an increase in the United States quota as part of
the International Monetary Fund Eleventh General Review of
Quotas (United States Quota); or
(ii) any increase in the maximum amount available to the
Secretary of the Treasury pursuant to section 286e-2 of
title 22, as amended from time to time (New Arrangements to
Borrow).
(E) Allowance for international arrearages
(i) Adjustments
If an appropriation bill or joint resolution is enacted
for fiscal year 1998, 1999, or 2000 that includes an
appropriation for arrearages for international
organizations, international peacekeeping, and multilateral
development banks for that fiscal year, the adjustment shall
be the amount of budget authority in that measure and the
outlays flowing in all fiscal years from that budget
authority.
(ii) Limitations
The total amount of adjustments made pursuant to this
subparagraph for the period of fiscal years 1998 through
2000 shall not exceed $1,884,000,000 in budget authority.
(F) EITC compliance initiative
If an appropriation bill or joint resolution is enacted for
a fiscal year that includes an appropriation for an earned
income tax credit compliance initiative, the adjustment shall be
the amount of budget authority in that measure for that
initiative and the outlays flowing in all fiscal years from that
budget authority, but not to exceed--
(i) with respect to fiscal year 1998, $138,000,000 in
new budget authority and $131,000,000 in outlays;
(ii) with respect to fiscal year 1999, $143,000,000 in
new budget authority and $143,000,000 in outlays;
(iii) with respect to fiscal year 2000, $144,000,000 in
new budget authority and $144,000,000 in outlays;
(iv) with respect to fiscal year 2001, $145,000,000 in
new budget authority and $145,000,000 in outlays; and
(v) with respect to fiscal year 2002, $146,000,000 in
new budget authority and $146,000,000 in outlays.
(G) Adoption incentive payments
Whenever a bill or joint resolution making appropriations
for fiscal year 1999, 2000, 2001, 2002, or 2003 is enacted that
specifies an amount for adoption incentive payments pursuant to
this subchapter for the Department of Health and Human
Services--
(i) the adjustments for new budget authority shall be
the amounts of new budget authority provided in that measure
for adoption incentive payments, but not to exceed
$20,000,000; and
(ii) the adjustment for outlays shall be the additional
outlays flowing from such amount.
(H) Conservation spending
(i) If a bill or resolution making appropriations for any
fiscal year appropriates an amount for the conservation spending
category that is less than the limit for the conservation
spending category as specified in subsection (c) of this
section, then the adjustment for new budget authority and
outlays for the following fiscal year for that category shall be
the amount of new budget authority and outlays that equals the
difference between the amount appropriated and the amount of
that category specified in subsection (c) of this section.
(ii) If a bill or resolution making appropriations for any
fiscal year appropriates an amount for any conservation spending
sub-category that is less than the limit for that conservation
spending sub-category as specified in subsections (c)(11)-
(c)(16) of this section, then the adjustment for new budget
authority for the following fiscal year for that sub-category
shall be the amount of new budget authority that equals the
difference between the amount appropriated and the amount of
that sub-category specified in subsection (c)(11)-(c)(16) of
this section.
(iii) The total amount provided for any conservation
activity within the conservation spending category may not
exceed any authorized ceiling for that activity.
(c) Discretionary spending limit
As used in this subchapter, the term ``discretionary spending
limit'' means--
(1) with respect to fiscal year 1997, for the discretionary
category, the current adjusted limits of new budget authority and
outlays;
(2) with respect to fiscal year 1998--
(A) for the defense category: $269,000,000,000 in new budget
authority and $266,823,000,000 in outlays;
(B) for the nondefense category: $252,357,000,000 in new
budget authority and $282,853,000,000 in outlays; and
(C) for the violent crime reduction category: $5,500,000,000
in new budget authority and $3,592,000,000 in outlays;
(3) with respect to fiscal year 1999--
(A) for the defense category: $271,500,000,000 in new budget
authority and $266,518,000,000 in outlays;
(B) for the nondefense category: $255,699,000,000 in new
budget authority and $287,850,000,000 in outlays;
(C) for the violent crime reduction category: $5,800,000,000
in new budget authority and $4,953,000,000 in outlays;
(D) for the highway category: $21,885,000,000 in outlays;
and
(E) for the mass transit category: $4,401,000,000 in
outlays;
(4) with respect to fiscal year 2000--
(A) for the discretionary category: $532,693,000,000 in new
budget authority and $558,711,000,000 in outlays;
(B) for the violent crime reduction category: $4,500,000,000
in new budget authority and $5,554,000,000 in outlays;
(C) for the highway category: $24,436,000,000 in outlays;
and
(D) for the mass transit category: $4,761,000,000 in
outlays;
(5) with respect to fiscal year 2001--
(A) for the discretionary category: $637,000,000,000 in new
budget authority and $612,695,000,000 in outlays;
(B) for the highway category: $26,204,000,000 in outlays;
and
(C) for the mass transit category: $5,190,000,000 in
outlays;
(6) with respect to fiscal year 2002--
(A) for the discretionary category: $681,441,000,000 in new
budget authority and $670,206,000,000 in outlays;
(B) for the highway category: $26,977,000,000 in outlays;
(C) for the mass transit category: $5,709,000,000 in
outlays; and
(D) for the conservation spending category: $1,760,000,000,
in new budget authority and $1,473,000,000 in outlays;
(7) with respect to fiscal year 2003--
(A) for the highway category: $27,728,000,000 in outlays;
(B) for the mass transit category: $6,256,000,000 in
outlays; and
(C) for the conservation spending category: $1,920,000,000,
in new budget authority and $1,872,000,000 in outlays;
(8) with respect to fiscal year 2004 for the conservation
spending category: $2,080,000,000, in new budget authority and
$2,032,000,000 in outlays;
(9) with respect to fiscal year 2005 for the conservation
spending category: $2,240,000,000, in new budget authority and
$2,192,000,000 in outlays;
(10) with respect to fiscal year 2006 for the conservation
spending category: $2,400,000,000, in new budget authority and
$2,352,000,000 in outlays;
(11) with respect to each fiscal year 2002 through 2006 for the
Federal and State Land and Water Conservation Fund sub-category of
the conservation spending category: $540,000,000 in new budget
authority and the outlays flowing therefrom;
(12) with respect to each fiscal year 2002 through 2006 for the
State and Other Conservation sub-category of the conservation
spending category: $300,000,000 in new budget authority and the
outlays flowing therefrom;
(13) with respect to each fiscal year 2002 through 2006 for the
Urban and Historic Preservation sub-category of the conservation
spending category: $160,000,000 in new budget authority and the
outlays flowing therefrom;
(14) with respect to each fiscal year 2002 through 2006 for the
Payments in Lieu of Taxes sub-category of the conservation spending
category: $50,000,000 in new budget authority and the outlays
flowing therefrom;
(15) with respect to each fiscal year 2002 through 2006 for the
Federal Deferred Maintenance sub-category of the conservation
spending category: $150,000,000 in new budget authority and the
outlays flowing therefrom;
(16) with respect to fiscal year 2002 for the Coastal Assistance
sub-category of the conservation spending category: $440,000,000 in
new budget authority and the outlays flowing therefrom; with respect
to fiscal year 2003 for the Coastal Assistance sub-category of the
conservation spending category: $480,000,000 in new budget authority
and the outlays flowing therefrom; with respect to fiscal year 2004
for the Coastal Assistance sub-category of the conservation spending
category: $520,000,000 in new budget authority and the outlays
flowing therefrom; with respect to fiscal year 2005 for the Coastal
Assistance sub-category of the conservation spending category:
$560,000,000 in new budget authority and the outlays flowing
therefrom; and with respect to fiscal year 2006 for the Coastal
Assistance sub-category of the conservation spending category:
$600,000,000 in new budget authority and the outlays flowing
therefrom;
as adjusted in strict conformance with subsection (b) of this section.
(Pub. L. 99-177, title II, Sec. 251, Dec. 12, 1985, 99 Stat. 1063; Pub.
L. 100-119, title I, Sec. 102(a), Sept. 29, 1987, 101 Stat. 754; Pub. L.
100-203, title VIII, Sec. 8003(f), Dec. 22, 1987, 101 Stat. 1330-282;
Pub. L. 101-508, title XIII, Sec. 13101(a), (e)(2), Nov. 5, 1990, 104
Stat. 1388-577, 1388-593; Pub. L. 103-66, title XIV, Sec. 14002(c)(1),
Aug. 10, 1993, 107 Stat. 683; Pub. L. 103-87, title V, Sec. 571, Sept.
30, 1993, 107 Stat. 971; Pub. L. 103-306, title V, Sec. 562, Aug. 23,
1994, 108 Stat. 1649; Pub. L. 103-354, title I, Sec. 119(d)(1), Oct. 13,
1994, 108 Stat. 3208; Pub. L. 104-121, title I, Sec. 103(b), Mar. 29,
1996, 110 Stat. 848; Pub. L. 104-193, title II, Sec. 211(d)(5)(B), Aug.
22, 1996, 110 Stat. 2191; Pub. L. 104-208, div. A, title I, Sec. 101(c)
[title V, Sec. 577], Sept. 30, 1996, 110 Stat. 3009-121, 3009-169; Pub.
L. 105-33, title X, Sec. 10203(a), (b), Aug. 5, 1997, 111 Stat. 698,
701; Pub. L. 105-89, title II, Sec. 201(b)(1), Nov. 19, 1997, 111 Stat.
2125; Pub. L. 105-178, title VIII, Sec. 8101(a), (d), June 9, 1998, 112
Stat. 488, 490; Pub. L. 106-291, title VIII, Sec. 801(a), (b), Oct. 11,
2000, 114 Stat. 1026, 1027; Pub. L. 106-429, Sec. 101(a) [title VII,
Sec. 701(a)], Nov. 6, 2000, 114 Stat. 1900, 1900A-64; Pub. L. 107-117,
div. C, Sec. 101(a), Jan. 10, 2002, 115 Stat. 2341.)
Termination of Section
For termination of section by section 275(b) of Pub. L. 99-177,
as amended, see Effective and Termination Dates note set out under
section 900 of this title.
References in Text
Section 8103 of the Transportation Equity Act for the 21st Century,
referred to in subsec. (b)(1)(B)(ii)(I)(cc), (D)(i), is section 8103 of
Pub. L. 105-178, which is set out as a note below.
Section 211 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, referred to in subsec. (b)(2)(C)(ii)(I), is
section 211 of Pub. L. 104-193, which amended this section, section 665e
of this title, and section 1382c of Title 42, The Public Health and
Welfare, enacted provisions set out as a note under section 1382c of
Title 42, and amended provisions set out as a note under section 401 of
Title 42.
Codification
Pub. L. 101-508, Sec. 13101(e)(2), redesignated former subsec.
(a)(6)(I) of this section as section 257(e) of Pub. L. 99-177, which is
classified to section 907(e) of this title.
Amendments
2002--Subsec. (c)(6)(A). Pub. L. 107-117, Sec. 101(a)(1), added
subpar. (A) and struck out former subpar. (A) which read as follows:
``for the discretionary category: $551,074,000,000 in new budget
authority and $560,799,000,000 in outlays;''.
Subsec. (c)(6)(C). Pub. L. 107-117, Sec. 101(a)(2), struck out
second ``and'' at end.
Subsec. (c)(6)(D). Pub. L. 107-117, Sec. 101(a)(3), substituted
``$1,473,000,000'' for ``$1,232,000,000''.
2000--Subsec. (b)(2)(H). Pub. L. 106-291, Sec. 801(b), added subpar.
(H).
Subsec. (c)(5)(A). Pub. L. 106-429 added subpar. (A) and struck out
former subpar. (A) which read as follows: ``for the discretionary
category: $542,032,000,000 in new budget authority and $564,396,000,000
in outlays;''.
Subsec. (c)(6)(D). Pub. L. 106-291, Sec. 801(a)(1), added subpar.
(D).
Subsec. (c)(7)(C). Pub. L. 106-291, Sec. 801(a)(2), added subpar.
(C).
Subsec. (c)(8) to (16). Pub. L. 106-291, Sec. 801(a)(3), added pars.
(8) to (16).
1998--Subsec. (b)(1). Pub. L. 105-178, Sec. 8101(d), designated
existing provisions as subpar. (A), inserted heading, and added subpars.
(B) to (E).
Subsec. (c)(3)(D), (E). Pub. L. 105-178, Sec. 8101(a)(1), added
subpars. (D) and (E).
Subsec. (c)(4)(C), (D). Pub. L. 105-178, Sec. 8101(a)(2), added
subpars. (C) and (D).
Subsec. (c)(5). Pub. L. 105-178, Sec. 8101(a)(3), substituted a dash
for comma after ``2001'', designated remaining provisions as subpar.
(A), realigned margins, struck out ``and'' at end, and added subpars.
(B) and (C).
Subsec. (c)(6). Pub. L. 105-178, Sec. 8101(a)(4), substituted a dash
for comma after ``2002'', designated remaining provisions as subpar.
(A), realigned margins, and added subpars. (B) and (C).
Subsec. (c)(7). Pub. L. 105-178, Sec. 8101(a)(5), added par. (7).
1997--Subsec. (a). Pub. L. 105-33, Sec. 10203(a)(1), struck out
``Fiscal Years 1991-1998'' before ``Enforcement'' in heading.
Subsec. (a)(3). Pub. L. 105-33, Sec. 10203(a)(2), substituted
``section 905(f)'' for ``section 905(h)'' in two places.
Subsec. (a)(7). Pub. L. 105-33, Sec. 10203(a)(3), added par. (7) and
struck out heading and text of former par. (7). Text read as follows:
``As soon as practicable after Congress completes action on any
discretionary appropriation, CBO, after consultation with the Committees
on the Budget of the House of Representatives and the Senate, shall
provide OMB with an estimate of the amount of discretionary new budget
authority and outlays for the current year (if any) and the budget year
provided by that legislation. Within 5 calendar days after the enactment
of any discretionary appropriation, OMB shall transmit a report to the
House of Representatives and to the Senate containing the CBO estimate
of that legislation, an OMB estimate of the amount of discretionary new
budget authority and outlays for the current year (if any) and the
budget year provided by that legislation, and an explanation of any
difference between the two estimates. For purposes of this paragraph,
amounts provided by annual appropriations shall include any new budget
authority and outlays for those years in accounts for which funding is
provided in that legislation that result from previously enacted
legislation. Those OMB estimates shall be made using current economic
and technical assumptions. OMB shall use the OMB estimates transmitted
to the Congress under this paragraph for the purposes of this
subsection. OMB and CBO shall prepare estimates under this paragraph in
conformance with scorekeeping guidelines determined after consultation
among the House and Senate Committees on the Budget, CBO, and OMB.''
Subsec. (b). Pub. L. 105-33, Sec. 10203(a)(4), added subsec. (b) and
struck out heading and text of former subsec. (b) which provided that
when the President submitted the budget for a budget year from 1992 to
1998, OMB was to calculate, and the budget was to include, adjustments
to discretionary spending limits reflecting certain enumerated factors
and provided that when OMB submitted a sequestration report for a fiscal
year from 1991 to 1998, OMB was to calculate, and the sequestration
report and subsequent budgets were to include, adjustments to
discretionary spending limits reflecting certain enumerated factors.
Subsec. (b)(2)(G). Pub. L. 105-89 added subpar. (G).
Subsec. (c). Pub. L. 105-33, Sec. 10203(b), added subsec. (c).
1996--Subsec. (b)(2)(G). Pub. L. 104-208 substituted ``fiscal years
1994, 1995, and 1997'' for ``fiscal year 1994 and 1995'' in two places.
Subsec. (b)(2)(H). Pub. L. 104-121 added subpar. (H).
Subsec. (b)(2)(H)(i). Pub. L. 104-193, Sec. 211(d)(5)(B)(i),
substituted ``$175,000,000'' for ``$25,000,000'' and ``$310,000,000''
for ``$160,000,000'' in subcl. (II), and ``$245,000,000'' for
``$145,000,000'' and ``$470,000,000'' for ``$370,000,000'' in subcl.
(III).
Subsec. (b)(2)(H)(ii)(I). Pub. L. 104-193, Sec. 211(d)(5)(B)(ii),
amended subcl. (I) generally. Prior to amendment, subcl. (I) read as
follows: ``the term `continuing disability reviews' has the meaning
given such term by section 401(g)(1)(A) of title 42;''.
1994--Subsec. (b)(2)(D)(i). Pub. L. 103-354 inserted at end ``This
subparagraph shall not apply to appropriations to cover agricultural
crop disaster assistance.''
Subsec. (b)(2)(G). Pub. L. 103-306 substituted ``1994 and 1995'' for
``1994'' in two places.
1993--Subsec. (a). Pub. L. 103-66, Sec. 14002(c)(1)(A), substituted
``1998'' for ``1995'' in heading.
Subsec. (b)(1). Pub. L. 103-66, Sec. 14002(c)(1)(B)(i), in
introductory provisions, substituted ``1995, 1996, 1997, or 1998'' for
``or 1995'' and ``outyear through 1998'' for ``outyear through 1995''.
Subsec. (b)(1)(B)(iii). Pub. L. 103-66, Sec. 14002(c)(1)(B)(ii),
added cl. (iii).
Subsec. (b)(2). Pub. L. 103-66, Sec. 14002(c)(1)(B)(iii), in
introductory provisions, substituted ``1995, 1996, 1997, or 1998'' for
``or 1995'' and ``year through 1998'' for ``year through 1995''.
Subsec. (b)(2)(D)(i). Pub. L. 103-66, Sec. 14002(c)(1)(B)(iv),
substituted ``for any fiscal year,'' for ``for fiscal year 1991, 1992,
1993, 1994, or 1995,''.
Subsec. (b)(2)(E)(iv). Pub. L. 103-66, Sec. 14002(c)(1)(B)(v), added
cl. (iv).
Subsec. (b)(2)(F). Pub. L. 103-66, Sec. 14002(c)(1)(B)(vi), inserted
before period at end ``, and not to exceed 0.5 percent of the adjusted
descretionary [sic] spending limit on outlays for the fiscal year in
fiscal year 1996, 1997, or 1998''.
Subsec. (b)(2)(G). Pub. L. 103-87 added subpar. (G).
1990--Pub. L. 101-508, Sec. 13101(a), amended section generally,
substituting subsecs. (a) and (b) relating to enforcement of
discretionary spending limits for former subsecs. (a) to (e) relating to
reporting of excess deficits.
Subsec. (a)(6)(I). Pub. L. 101-508, Sec. 13101(e)(2), redesignated
subsec. (a)(6)(I) of this section as section 907(e) of this title.
1987--Pub. L. 100-119 amended section generally, substituting
provisions consisting of subsecs. (a) to (e) relating to reports by
Director of CBO to Director of OMB and to Congress and by Director of
OMB to President and Congress for provisions consisting of subsecs. (a)
to (g) relating to joint reports by Directors of CBO and OMB to
Comptroller General and report by Comptroller General to President and
Congress.
Subsec. (a)(6)(B). Pub. L. 100-203, Sec. 8003(f), struck out ``and''
before ``contract authority'' and inserted provision whereby the
authority to provide insurance through the Federal Housing
Administration Fund be continued.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as
otherwise provided, with delay permitted if State legislation is
required, see section 501 of Pub. L. 105-89, set out as a note under
section 622 of Title 42, The Public Health and Welfare.
Effective Date of 1994 Amendment
Section 119(d)(1) of Pub. L. 103-354 provided that the amendment
made by that section is effective Jan. 1, 1995.
Adjustment for Rounding
Pub. L. 106-429, Sec. 101(a) [title VII, Sec. 701(c)], Nov. 6, 2000,
114 Stat. 1900, 1900A-64, provided that: ``Under the terms of section
251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of
1985 [2 U.S.C. 901(b)(2)] adjustments for rounding shall be provided for
the first amount referred to in section 251(c)(5)(A) of such Act [2
U.S.C. 901(c)(5)(A)], as amended by this section, equal to 0.5 percent
of such amount.''
Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title III, Sec. 307], Nov.
29, 1999, 113 Stat. 1536, 1501A-306, provided that: ``Under the terms of
section 251(b)(2) of Public Law 99-177 [2 U.S.C. 901(b)(2)], an
adjustment for rounding shall be provided for the first amount referred
to in section 251(c)(4)(A) of such Act [2 U.S.C. 901(c)(4)(A)] equal to
0.2 percent of such amount.''
Offsetting Adjustment in Discretionary Spending Limits
Pub. L. 105-178, title VIII, Sec. 8101(b), June 9, 1998, 112 Stat.
489, as amended by Pub. L. 105-206, title IX, Sec. 9013(a), July 22,
1998, 112 Stat. 865, provided that:
``(1) Adjustment of nondefense category for fy1999.--The
discretionary spending limit set forth in section 251(c)(3)(B) of the
Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C.
901(c)(3)(B)], as adjusted in conformance with section 251(b) of that
Act, is reduced by $859,000,000 in new budget authority and
$25,144,000,000 in outlays.
``(2) Adjustment of discretionary category for fy2000.--The
discretionary spending limit set forth in section 251(c)(4)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C.
901(c)(4)(A)], as adjusted in conformance with section 251(b) of that
Act, is reduced by $859,000,000 in new budget authority and
$26,009,000,000 in outlays.
``(3) Adjustment of discretionary spending limit for fy2001.--The
discretionary spending limit set forth in section 251(c)(5)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C.
901(c)(5)(A)], as adjusted in conformance with section 251(b) of that
Act, is reduced by $859,000,000 in new budget authority and
$26,329,000,000 in outlays.
``(4) Adjustment of discretionary spending limit for fy2002.--The
discretionary spending limit set forth in section 251(c)(6)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C.
901(c)(6)(A)], as adjusted in conformance with section 251(b) of that
Act, is reduced by $859,000,000 in new budget authority and
$26,675,000,000 in outlays.''
Level of Obligation Limitations
Pub. L. 105-178, title VIII, Sec. 8103, June 9, 1998, 112 Stat. 492,
provided that:
``(a) Highway Category.--For the purposes of section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C.
901(b)], the level of obligation limitations for the highway category
is--
``(1) for fiscal year 1999, $25,883,000,000;
``(2) for fiscal year 2000, $26,629,000,000;
``(3) for fiscal year 2001, $27,158,000,000;
``(4) for fiscal year 2002, $27,767,000,000; and
``(5) for fiscal year 2003, $28,233,000,000.
``(b) Mass Transit Category.--For the purposes of section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985, the level
of obligation limitations for the mass transit category is--
``(1) for fiscal year 1999, $5,365,000,000;
``(2) for fiscal year 2000, $5,797,000,000;
``(3) for fiscal year 2001, $6,271,000,000;
``(4) for fiscal year 2002, $6,747,000,000; and
``(5) for fiscal year 2003, $7,226,000,000.
For purposes of this subsection, the term `obligation limitations' means
the sum of budget authority and obligation limitations.''
Section Referred to in Other Sections
This section is referred to in sections 633, 643, 645, 691a, 691c,
900, 902, 903, 904, 907 of this title; title 16 section 556c; title 23
section 110; title 33 section 2736; title 38 sections 113, 1729A; title
39 section 2009a; title 42 sections 5203, 8621; title 43 section 1474a.
