-CITE- 2 USC CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS -HEAD- CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS -MISC1- SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT Sec. 900. Statement of budget enforcement through sequestration; definitions. 901. Enforcing discretionary spending limits. 901a. Repealed. 902. Enforcing pay-as-you-go. 903. Enforcing deficit targets. 904. Reports and orders. 905. Exempt programs and activities. 906. General and special sequestration rules. 907. The baseline. 907a. Suspension in event of war or low growth. 907b. Modification of Presidential order. 907c. Flexibility among defense programs, projects, and activities. 907d. Special reconciliation process. 908, 909. Repealed. SUBCHAPTER II - OPERATION AND REVIEW 921. Transferred. 922. Judicial review. -End- -CITE- 2 USC SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -HEAD- SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -STATAMEND- TERMINATION OF SUBCHAPTER This subchapter, comprised of part C (Secs. 250-258C) of title II of Pub. L. 99-177 and classified to sections 900 to 907d, has expired. Sections 901, 903, and 907c of this title expired Sept. 30, 2002. Sections 900, 902, 904 to 907b, and 907d of this title expired Sept. 30, 2006. See section 275(b) of Pub. L. 99-177, as amended, set out as an Effective and Termination Dates note under section 900 of this title. -End- -CITE- 2 USC Sec. 900 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -HEAD- Sec. 900. Statement of budget enforcement through sequestration; definitions -STATUTE- (a) Omitted (b) General statement of budget enforcement through sequestration This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session). (c) Definitions As used in this subchapter: (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 [2 U.S.C. 622] and "discretionary spending limit" shall mean the amounts specified in section 901 of this title. (2) The terms "sequester" and "sequestration" refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. (3) The term "breach" means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category's discretionary spending limit for new budget authority or outlays for that year, as the case may be. (4)(A) The term "category" means the subsets of discretionary appropriations in section 901(c) of this title. Discretionary appropriations in each of the categories shall be those designated in the joint explanatory statement accompanying the conference report on the Balanced Budget Act of 1997. New accounts or activities shall be categorized only after consultation with the committees (!1) on Appropriations and the Budget of the House of Representatives and the Senate and that consultation shall, to the extent practicable, include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to new accounts or activities. (B) The term "highway category" refers to the following budget accounts or portions thereof that are subject to the obligation limitations on contract authority set forth in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users: (i) 69-8083-0-7-401 (Federal-Aid Highways). (ii) 69-8020-0-7-401 (Highway Traffic Safety Grants). (iii) 69-8048-0-7-401 (National Motor Carrier Safety Program). (iv) 69-8016-0-7-401 (Operations and Research NHTSA). (v) 69-8362-0-7-401 (National Driver Registry). (vi) 69-8159-0-7-401 (Motor Carrier Safety Operations and Programs). (vii) 06-8158-0-7-401 (Motor Carrier Safety Grants). (C) Mass transit category. - The term "mass transit category" means the following budget accounts, or portions of the accounts, that are subject to the obligation limitations on contract authority provided in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or for which appropriations are provided in accordance with authorizations contained in that Act: (i) 69-1120-0-1-401 (Administrative Expenses). (ii) 69-1134-0-1-401 (Capital Investment Grants). (iii) 69-8191-0-7-401 (Discretionary Grants). (iv) 69-1129-0-1-401 (Formula Grants). (v) 69-1127-0-1-401 (Interstate Transfer Grants - Transit). (vi) 69-1125-0-1-401 (Job Access and Reverse Commute). (vii) 69-1122-0-1-401 (Miscellaneous Expired Accounts). (viii) 69-1121-0-1-401 (Research, Training and Human Resources). (ix) 69-8350-0-7-401 (Trust Fund Share of Expenses). (x) 69-1137-0-1-401 (Transit Planning and Research). (xi) 69-1136-0-1-401 (University Transportation Research). (xii) 69-1128-0-1-401 (Washington Metropolitan Area Transit Authority). (D) Special rule. - (i) Any outlays in excess of the discretionary spending limit set forth in section 901(c) of this title for the highway or mass transit category, as adjusted, for the budget year shall be considered nondefense category outlays or discretionary category outlays. (ii) If the obligation limitations for accounts in the highway or mass transit category provided in an appropriation Act for a fiscal year exceed the obligation limitations set forth in section 8103 of the Transportation Equity Act for the 21st Century for that year, as adjusted, the estimated outlays flowing for each outyear from such excess obligations calculated pursuant to clause (iii) shall be attributed to the discretionary category in that outyear. (iii) For purposes of clause (ii), outlays from excess obligations shall be determined using the average of the spendout rates for that category in the baseline. (E) The term "conservation spending category" means discretionary appropriations for conservation activities in the following budget accounts or portions thereof providing appropriations to preserve and protect lands, habitat, wildlife, and other natural resources, to provide recreational opportunities, and for related purposes: (i) 14-5033 Bureau of Land Management Land Acquisition. (ii) 14-5020 Fish and Wildlife Service Land Acquisition. (iii) 14-5035 National Park Service Land Acquisition and State Assistance. (iv) 12-9923 Forest Service Land Acquisition. (v) 14-5143 Fish and Wildlife Service Cooperative Endangered Species Conservation Fund. (vi) 14-5241 Fish and Wildlife Service North American Wetlands Conservation Fund. (vii) 14-1694 Fish and Wildlife Service State Wildlife Grants. (viii) 14-0804 United States Geological Survey Surveys, Investigations, and Research, the State Planning Partnership programs: Community/Federal Information Partnership, Urban Dynamics, and Decision Support for Resource Management. (ix) 12-1105 Forest Service State and Private Forestry, the Forest Legacy Program, Urban and Community Forestry, and Smart Growth Partnerships. (x) 14-1031 National Park Service Urban Park and Recreation Recovery program. (xi) 14-5140 National Park Service Historic Preservation Fund. (xii) Youth Conservation Corps. (xiii) 14-1114 Bureau of Land Management Payments in Lieu of Taxes. (xiv) Federal Infrastructure Improvement (as established in title VIII of the Department of the Interior and Related Agencies Appropriations Act, 2001). (xv) 13-1460 NOAA Procurement Acquisition and Construction, the National Marine Sanctuaries and the National Estuarine Research Reserve Systems. (xvi) 13-1450 NOAA Operations, Research, and Facilities, the Coastal Zone Management Act programs, the National Marine Sanctuaries, the National Estuarine Research Reserve Systems, and Coral Restoration programs. (xvii) 13-1451 NOAA Pacific Coastal Salmon Recovery. (F) The term "Federal and State Land and Water Conservation Fund sub-category" means discretionary appropriations for activities in the accounts described in (E)(i)-(E)(iv) (!2) or portions thereof. (G) The term "State and Other Conservation sub-category" means discretionary appropriations for activities in the accounts described in (E)(v)-(E)(ix),(!2) with the exception of Urban and Community Forestry as described in (E)(ix),(!2) or portions thereof. (H) The term "Urban and Historic Preservation sub-category" means discretionary appropriations for activities in the accounts described in (E)(ix)-(E)(xii),(!2) with the exception of Forest Legacy and Smart Growth Partnerships as described in (E)(ix),(!2) or portions thereof. (I) The term "Payments in Lieu of Taxes sub-category" means discretionary appropriations for activities in the account described in (E)(xiii) (!2) or portions thereof. (J) The term "Federal Deferred Maintenance sub-category" means discretionary appropriations for activities in the account described in (E)(xiv) (!2) or portions thereof. (K) The term "Coastal Assistance sub-category" means discretionary appropriations for activities in the accounts described in (E)(xv)-(E)(xvii) (!2) or portions thereof. (5) The term "baseline" means the projection (described in section 907 of this title) of current-year levels of new budget authority, outlays, receipts, and the surplus or deficit into the budget year and the outyears. (6) The term "budgetary resources" means new budget authority, unobligated balances, direct spending authority, and obligation limitations. (7) The term "discretionary appropriations" means budgetary resources (except to fund direct-spending programs) provided in appropriation Acts. (8) The term "direct spending" means - (A) budget authority provided by law other than appropriation Acts; (B) entitlement authority; and (C) the food stamp program. (9) The term "current" means, with respect to OMB estimates included with a budget submission under section 1105(a) of title 31, the estimates consistent with the economic and technical assumptions underlying that budget and with respect to estimates made after that budget submission that are not included with it, estimates consistent with the economic and technical assumptions underlying the most recently submitted President's budget. (10) The term "real economic growth", with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions. (11) The term "account" means an item for which appropriations are made in any appropriation Act and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the President's budget. (12) The term "budget year" means, with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins. (13) The term "current year" means, with respect to a budget year, the fiscal year that immediately precedes that budget year. (14) The term "outyear" means, with respect to a budget year, any of the first 4 fiscal years that follow the budget year. (15) The term "OMB" means the Director of the Office of Management and Budget. (16) The term "CBO" means the Director of the Congressional Budget Office. (17) As used in this subchapter, all references to entitlement authority shall include the list of mandatory appropriations included in the joint explanatory statement of managers accompanying the conference report on the Balanced Budget Act of 1997. (18) The term "deposit insurance" refers to the expenses (!3) the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates. (19) The term "asset sale" means the sale to the public of any asset (except for those assets covered by title V of the Congressional Budget Act of 1974 [2 U.S.C. 661 et seq.]), whether physical or financial, owned in whole or in part by the United States. -SOURCE- (Pub. L. 99-177, title II, Sec. 250, as added Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-574, and Pub. L. 99-177, title II, Sec. 250(c)(21), formerly Sec. 257(12), as added Pub. L. 100-119, title I, Sec. 102(b)(7), Sept. 29, 1987, 101 Stat. 774, renumbered Sec. 250(c)(21), Pub. L. 101-508, title XIII, Sec. 13101(b), Nov. 5, 1990, 104 Stat. 1388-589; amended Pub. L. 105-33, title X, Secs. 10202, 10204(a)(2), 10208(a)(2), Aug. 5, 1997, 111 Stat. 697, 702, 708; Pub. L. 105-178, title VIII, Sec. 8101(c), (f), June 9, 1998, 112 Stat. 489; Pub. L. 105-206, title IX, Sec. 9013(b), July 22, 1998, 112 Stat. 865; Pub. L. 106-291, title VIII, Sec. 801(c), Oct. 11, 2000, 114 Stat. 1028; Pub. L. 108- 88, Sec. 10(c), Sept. 30, 2003, 117 Stat. 1127; Pub. L. 108-310, Sec. 10(c), Sept. 30, 2004, 118 Stat. 1160; Pub. L. 109-59, title VIII, Sec. 8001(b), Aug. 10, 2005, 119 Stat. 1915.) -STATAMEND- TERMINATION OF SECTION Section expired Sept. 30, 2006. See section 275(b) of Pub. L. 99- 177, as amended, set out as an Effective and Termination Dates note below. -REFTEXT- REFERENCES IN TEXT House Concurrent Resolution 84, referred to in subsec. (b), is H. Con. Res. 84, June 5, 1997, 111 Stat. 2710, which is not classified to the Code. The Balanced Budget Act of 1997, referred to in subsec. (c)(4)(A), (17), is Pub. L. 105-33, Aug. 5, 1997, 111 Stat. 251. For complete classification of this Act to the Code, see Tables. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, referred to in subsec. (c)(4)(B), (C), is Pub. L. 109-59, Aug. 10, 2005, 119 Stat. 1144. For complete classification of this Act to the Code, see Short Title of 2005 Amendments note set out under section 101 of Title 23, Highways, and Tables. Section 8103 of the Transportation Equity Act for the 21st Century, referred to in subsec. (c)(4)(D)(ii), is section 8103 of Pub. L. 105-178, which is set out as a note under section 901 of this title. The Department of the Interior and Related Agencies Appropriations Act, 2001, referred to in subsec. (c)(4)(E)(xiv), is Pub. L. 106-291, Oct. 11, 2000, 114 Stat. 922. Title VIII of the Act amended this section and section 901 of this title. For complete classification of this Act to the Code, see Tables. The Congressional Budget Act of 1974, referred to in subsec. (c)(19), is titles I through IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as amended. Title V of the Act, known as the Federal Credit Reform Act of 1990, was added by Pub. L. 101-508, title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609, and is classified generally to subchapter III (Sec. 661 et seq.) of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. -COD- CODIFICATION Subsection (a) of this section, which provided a partial table of contents for this subchapter was omitted from the Code. Pub. L. 101-508, Sec. 13101(b), transferred section 257(12) of Pub. L. 99-177, which was classified to section 907(12) of this title, to subsec. (c)(21) (now (c)(19)) of this section. -MISC1- AMENDMENTS 2005 - Subsec. (c)(4)(B). Pub. L. 109-59, Sec. 8001(b)(1)(A), substituted "the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users:" for "the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2004, Part V and the Surface Transportation Extension Act of 2003:" in introductory provisions. Subsec. (c)(4)(B)(v) to (vii). Pub. L. 109-59, Sec. 8001(b)(1)(B), added cls. (v) to (vii). Subsec. (c)(4)(C). Pub. L. 109-59, Sec. 8001(b)(2), added heading and text of subpar. (C) and struck out former subpar. (C) which provided that the term "mass transit category" referred to the budget accounts as listed in cls. (i) to (vi) that were subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century, the Surface Transportation Extension Act of 2004, Part V, and the Surface Transportation Extension Act of 2003, or for which appropriations were provided pursuant to authorizations contained in those Acts, with certain exceptions, and that such term also referred to the Washington Metropolitan Transit Authority account (69-1128-0-1-401) only for fiscal year 1999 only for appropriations provided pursuant to authorizations contained in section 14 of Public Law 96-184 and Public Law 101-551. 2004 - Subsec. (c)(4)(B). Pub. L. 108-310, Sec. 10(c)(1), inserted "and the Surface Transportation Extension Act of 2004, Part V" after "Century". Subsec. (c)(4)(C). Pub. L. 108-310, Sec. 10(c)(2)(A), inserted "and the Surface Transportation Extension Act of 2004, Part V" after "provided in the Transportation Equity Act for the 21st Century". Pub. L. 108-310, Sec. 10(c)(2)(B), which directed the substitution of "those Acts" for "that Act", could not be executed because the words "that Act" did not appear subsequent to amendment by Pub. L. 108-88. See 2003 Amendment note below. 2003 - Subsec. (c)(4)(B). Pub. L. 108-88, Sec. 10(c)(1), inserted "and the Surface Transportation Extension Act of 2003" after "Century". Subsec. (c)(4)(C). Pub. L. 108-88, Sec. 10(c)(2), inserted "and the Surface Transportation Extension Act of 2003" after "Century" the first place it appears and substituted "those Acts" for "that Act". 2000 - Subsec. (c)(4)(E) to (K). Pub. L. 106-291 added subpars. (E) to (K). 1998 - Subsec. (c)(4). Pub. L. 105-178, Sec. 8101(c), designated existing provisions as subpar. (A) and added subpars. (B) to (D). Subsec. (c)(4)(C). Pub. L. 105-178, Sec. 8101(f), as added by Pub. L. 105-206, Sec. 9013(b), in introductory provisions, substituted "Century or" for "Century and" and "as amended by the Transportation Equity Act for the 21st Century" for "as amended by this section", and inserted concluding provisions. 1997 - Subsec. (a). Pub. L. 105-33, Secs. 10204(a)(2), 10208(a)(2), amended table of contents. See Codification note above. Subsec. (b). Pub. L. 105-33, Sec. 10202(a), substituted present text for former text which read as follows: "This subchapter provides for the enforcement of the deficit reduction assumed in House Concurrent Resolution 310 (101st Congress, second session) and the applicable deficit targets for fiscal years 1991 through 1995. Enforcement, as necessary, is to be implemented through sequestration - "(1) to enforce discretionary spending levels assumed in that resolution (with adjustments as provided hereinafter); "(2) to enforce the requirement that any legislation increasing direct spending or decreasing revenues be on a pay-as-you-go basis; and "(3) to enforce the deficit targets specifically set forth in the Congressional Budget and Impoundment Control Act of 1974 (with adjustments as provided hereinafter); applied in the order set forth above." Subsec. (c)(1). Pub. L. 105-33, Sec. 10202(b)(1), struck out "(but including the treatment specified in section 907(b)(3) of this title of the Hospital Insurance Trust Fund) and the terms 'maximum deficit amount' " before "and 'discretionary" and substituted "section 901" for "section 601 of that Act as adjusted under sections 901 and 903". Subsec. (c)(4). Pub. L. 105-33, Sec. 10202(b)(2), added par. (4) and struck out former par. (4) which read as follows: "The term 'category' means: "(A) For fiscal years 1991, 1992, and 1993, any of the following subsets of discretionary appropriations: defense, international, or domestic. Discretionary appropriations in each of the three categories shall be those so designated in the joint statement of managers accompanying the conference report on the Omnibus Budget Reconciliation Act of 1990. New accounts or activities shall be categorized in consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate. "(B) For fiscal years 1994 and 1995, all discretionary appropriations. Contributions to the United States to offset the cost of Operation Desert Shield shall not be counted within any category." Subsec. (c)(6). Pub. L. 105-33, Sec. 10202(b)(3), added par. (6) and struck out former par. (6) which read as follows: "The term 'budgetary resources' means - "(A) with respect to budget year 1991, new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; direct spending authority; and obligation limitations; or "(B) with respect to budget year 1992, 1993, 1994, or 1995, new budget authority; unobligated balances; direct spending authority; and obligation limitations." Subsec. (c)(9). Pub. L. 105-33, Sec. 10202(b)(4), substituted "that budget submission that are not included with it" for "submission of the fiscal year 1992 budget that are not included with a budget submission". Subsec. (c)(14). Pub. L. 105-33, Sec. 10202(b)(5), inserted "first 4" before "fiscal years" and struck out "through fiscal year 1995" after "the budget year". Subsec. (c)(17). Pub. L. 105-33, Sec. 10202(b)(6), (7), redesignated par. (18) as (17), substituted "Balanced Budget Act of 1997" for "Omnibus Budget Reconciliation Act of 1990", and struck out former par. (17) which read as follows: "For purposes of sections 902 and 903 of this title, legislation enacted during the second session of the One Hundred First Congress shall be deemed to have been enacted before November 5, 1990." Subsec. (c)(18). Pub. L. 105-33, Sec. 10202(b)(6), (8), redesignated par. (19) as (18) and substituted "the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates." for "of the Federal Deposit Insurance Corporation and the funds it incorporates, the Resolution Trust Corporation, the National Credit Union Administration and the funds it incorporates, the Office of Thrift Supervision, the Comptroller of the Currency Assessment Fund, and the RTC Office of Inspector General." Former par. (18) redesignated (17). Subsec. (c)(19). Pub. L. 105-33, Sec. 10202(b)(9), added par. (19) and struck out former par. (19) which read as follows: "The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term 'prepayment of a loan' means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term 'in advance' shall mean in advance of the slowest payment schedule allowed under such law or contract." Pub. L. 105-33, Sec. 10202(b)(6), redesignated par. (21) as (19). Former par. (19) redesignated (18). Subsec. (c)(20). Pub. L. 105-33, Sec. 10202(b)(6), struck out par. (20) which read as follows: "The term 'composite outlay rate' means the percent of new budget authority that is converted to outlays in the fiscal year for which the budget authority is provided and subsequent fiscal years, as follows: "(A) For the international category, 46 percent for the first year, 20 percent for the second year, 16 percent for the third year, and 8 percent for the fourth year. "(B) For the domestic category, 53 percent for the first year, 31 percent for the second year, 12 percent for the third year, and 2 percent for the fourth year." Subsec. (c)(21). Pub. L. 105-33, Sec. 10202(b)(6), redesignated par. (21) as (19). 1990 - Subsec. (c)(21). Pub. L. 101-508, Sec. 13101(b), redesignated section 907(12) of this title as par. (21). EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105-206 effective simultaneously with enactment of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at time of enactment, and provisions of Pub. L. 105-178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105-206 to be treated as not enacted, see section 9016 of Pub. L. 105-206, set out as a note under section 101 of Title 23, Highways. EFFECTIVE AND TERMINATION DATES Pub. L. 103-66, title XIV, Sec. 14002(c)(3)(A), Aug. 10, 1993, 107 Stat. 684, which provided that, notwithstanding section 275(b) of Pub. L. 99-177, set out below, sections 900, 901, 902, and 904 to 908 of this title were to expire on Sept. 30, 1998, was repealed by Pub. L. 105-33, title X, Sec. 10212(b), Aug. 5, 1997, 111 Stat. 712. Pub. L. 99-177, title II, Sec. 275, Dec. 12, 1985, 99 Stat. 1100, as amended by Pub. L. 100-119, title I, Sec. 106(c), title II, Sec. 210(b), Sept. 29, 1987, 101 Stat. 780, 787; Pub. L. 101-508, title XIII, Secs. 13112(b), 13208(b), Nov. 5, 1990, 104 Stat. 1388-608, 1388-619; Pub. L. 105-33, title X, Sec. 10212(a), Aug. 5, 1997, 111 Stat. 712, provided that: "(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 [see Short Title note below] shall become effective on the date of the enactment of this title [Dec. 12, 1985] and shall apply with respect to fiscal years beginning after September 30, 1985. "(2)(A) The amendment made by section 201(a)(2) [amending section 622(2) of this title], 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 [section 633(c), (f), and (g) of this title] and to subsections (c), (d), and (g) of section 310 of that Act [section 641(c), (d), and (g) of this title]), shall become effective April 15, 1986. "(B) The amendment made by section 212 [amending section 652 of this title] shall become effective February 1, 1986. "(b) Expiration. - Sections 251, 253, 258B, and 271(b) of this Act [sections 901, 903, and 907c of this title and provisions set out as a note below], and sections 1105(f) and 1106(c) of title 31, United States Code, shall expire September 30, 2002. The remaining sections of part C of this title [enacting this subchapter] shall expire September 30, 2006. "(c) OASDI Trust Funds. - The amendments made by part D [amending section 911 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 911 of Title 42] shall apply as provided in such part." [Amendment of section 275(b)(2) of Pub. L. 99-177, set out above, by section 13208(b) of Pub. L. 101-508 could not be executed because of general amendment of section 275(b) by section 13112(b) of Pub. L. 101-508.] SHORT TITLE OF 1997 AMENDMENT Pub. L. 105-33, title X, Sec. 10001(a), Aug. 5, 1997, 111 Stat. 677, provided that: "This title [enacting sections 645 and 645a of this title, amending this section, sections 601, 602, 622, 631 to 636, 639, 641 to 644, 651, 654, 661a, 661c to 661e, 691a, 691c, 691e, 901, 902, 904 to 907, and 922 of this title, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 652, 665 to 665e, 901a, and 908 of this title and section 14212 of Title 42, enacting provisions set out as notes under this section and section 902 of this title, amending provisions set out as notes under this section and section 621 of this title, and repealing provisions set out as notes under this section and sections 621, 631, and 665 of this title] may be cited as the 'Budget Enforcement Act of 1997'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-508, title XIII, Sec. 13001(a), Nov. 5, 1990, 104 Stat. 1388-573, provided that: "This title [enacting this section and sections 643, 661 to 661f, 665 to 665e, and 907a to 907d of this title, amending sections 601, 602, 622, 631 to 637, 639, 641, 642, 644, 651, 652, and 901 to 907 of this title, section 1022 of Title 15, Commerce and Trade, sections 1105, 1341, and 1342 of Title 31, Money and Finance, and section 401 of Title 42, The Public Health and Welfare, transferring section 921 of this title to section 601(g) of this title, repealing section 909 of this title, enacting provisions set out as notes under this section and sections 621, 622, 632, 633, 665, and 902 of this title, and amending provisions set out as notes under this section and sections 621 and 632 of this title] may be cited as the 'Budget Enforcement Act of 1990'." SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-119, title I, Sec. 101(b), Sept. 29, 1987, 101 Stat. 754, provided that: "This title [enacting section 908 of this title, amending sections 622, 632, 642, 901 to 907, and 922 of this title and section 1105 of Title 31, Money and Finance, enacting provisions set out as notes under section 1395ww of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 901 of this title and sections 1320b-8 and 1395ww of Title 42] may be cited as the 'Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987'." SHORT TITLE Pub. L. 99-177, title II, Sec. 200(a), Dec. 12, 1985, 99 Stat. 1038, provided that: "This title [enacting this chapter and sections 654 to 656 of this title, amending sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing section 661 of this title, enacting provisions set out as notes under this section and section 911 of Title 42, and amending provisions set out as a note under section 621 of this title] may be cited as the 'Balanced Budget and Emergency Deficit Control Act of 1985'." HABITAT CONSERVATION ACTIVITIES CONSIDERED WITHIN COASTAL ASSISTANCE SUB-CATEGORY Pub. L. 108-7, div. B, title II, Sec. 214, Feb. 20, 2003, 117 Stat. 82, provided that: "(a) Hereafter, habitat conservation activities, enforcement and surveillance - cooperative enforcement and vessel monitoring, stock assessments - data collection, and highly migratory shark fishery research under the heading, 'National Oceanic and Atmospheric Administration, Operations, Research and Facilities', shall be considered to be within the 'Coastal Assistance sub-category' in section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [2 U.S.C. 900(c)(4)(K)]. "(b) For fiscal year 2004 and thereafter, response and restoration activities, Cooperative Research, Protected Species activities, Endangered Species Act - Marine Mammals, Sea Turtles and Other Species, Endangered Species Act - Right Whales, Marine Mammal Protection, and Sea Grant (except for the fellowship program) under the heading, 'National Oceanic and Atmospheric Administration, Operations, Research, and Facilities', shall be considered to be within the 'Coastal Assistance sub-category' in section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [2 U.S.C. 900(c)(4)(K)]. "(c) All references to outlays in title VIII of Public Law 106- 291 [amending this section and section 901 of this title] are repealed." Similar provisions were contained in the following prior appropriation act: Pub. L. 107-77, title II, Nov. 28, 2001, 115 Stat. 775. PURPOSE OF SUBTITLE B OF TITLE X OF PUB. L. 105-33 Section 10201 of title X of Pub. L. 105-33 provided that: "The purpose of this subtitle [subtitle B (Secs. 10201-10213) of title X of Pub. L. 105-33, amending this section, sections 901, 902, 904 to 907, and 922 of this title, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 901a and 908 of this title and section 14212 of Title 42, enacting provisions set out as a note under section 902 of this title, and amending and repealing provisions set out as notes under this section] is to extend discretionary spending limits and pay-as-you-go requirements." RESTRICTION ON ELIMINATION OR REDUCTION OF PROGRAMS RELATING TO ENERGY AND WATER DEVELOPMENT Pub. L. 102-377, title V, Sec. 503, Oct. 2, 1992, 106 Stat. 1342, provided that: "None of the programs, projects or activities as defined in the reports accompanying this Act or subsequent Energy and Water Development Appropriations Acts, may be eliminated or disproportionately reduced due to the application of 'Savings and Slippage', 'general reduction', or the provision of Public Law 99- 177 [see Short Title note above] or Public Law 100-119 [see section 213 of Pub. L. 100-119 set out below] unless such reports expressly provide otherwise." WAIVERS AND SUSPENSIONS IN THE SENATE Pub. L. 99-177, title II, Sec. 271(b), Dec. 12, 1985, 99 Stat. 1094, as amended by Pub. L. 100-119, title II, Sec. 211, Sept. 29, 1987, 101 Stat. 787, provided that: "Sections 301(i), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 [sections 632(i), 633(c), 633(f), former 635(b), 641(d), 641(g), and 642(a) of this title] may be waived or suspended in the Senate only by the affirmative vote of three- fifths of the Members, duly chosen and sworn. This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a) of this joint resolution [section 904(a) of this title]." [Section 271(b) of Pub. L. 99-177 expired Sept. 30, 2002. See section 275(a)(1), (b) of Pub. L. 99-177, as amended, set out as an Effective and Termination Dates note above.] APPEALS OF RULINGS Pub. L. 99-177, title II, Sec. 271(c), as added by Pub. L. 100- 119, title II, Sec. 210(a), Sept. 29, 1987, 101 Stat. 787, provided that: "An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the Congressional Budget Act of 1974 [sections 632(i), 633(c), 633(f), 635(b), 637, 641(d), 641(g), or 642(a) of this title]." [For effective date of section 271(c) of Pub. L. 99-177, see section 275(a)(1) of Pub. L. 99-177, as amended, set out as an Effective and Termination Dates note above.] EXERCISE OF CONGRESSIONAL RULEMAKING POWER Pub. L. 103-66, title XIV, Sec. 14004, Aug. 10, 1993, 107 Stat. 685, provided that: "The Congress enacts the provisions of this part [probably should be "this title", amending sections 665, 901, 902, and 904 of this title, enacting provisions set out as notes under this section and section 902 of this title, and amending provisions set out as notes under section 665 of this title] - "(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such these provisions shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House." Section 13305 of title XIII of Pub. L. 101-508 provided that: "This title and the amendments made by it [see Short Title of 1990 Amendment note above] are enacted by the Congress - "(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House." Section 213 of Pub. L. 100-119 provided that: "This Act and the amendments made by this Act [enacting sections 908 and 909 of this title, amending sections 622, 632, 635, 636, 642, 683, 684, 687, 901 to 907, and 922 of this title and sections 1105 and 3101 of Title 31, Money and Finance, enacting provisions set out as notes under sections 602, 621, 686, and 901 of this title and section 1395ww of Title 42, The Public Health and Welfare, amending provisions set out as notes under section 901 of this title and sections 1320b-8 and 1395ww of Title 42, and repealing provisions set out as a note under section 653 of this title], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by Congress - "(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House." Section 271(d), formerly section 271(c), of Pub. L. 99-177, as redesignated by Pub. L. 100-119, title II, Sec. 210(a), Sept. 29, 1987, 101 Stat. 787, provided that: "The provisions of this title [see Short Title note above], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by the Congress - "(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and "(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House." RESTORATION OF TRUST FUND INVESTMENTS; FUNDS BORROWED OR NOT INVESTED DURING DELAYS IN RAISING PUBLIC DEBT LIMIT For provisions restoring various trust and retirement funds administered by the Secretary of the Treasury to the position in which they would have been if debt limit increases had been delayed, including transferring amounts to the funds to compensate those funds for current and prospective losses arising from premature redemption of some long term securities when the debt limit was reached, see notes set out under section 3101 of Title 31, Money and Finance. -EXEC- EXECUTIVE ORDER NO. 12857 Ex. Ord. No. 12857, Aug. 4, 1993, 58 F.R. 42181, which provided for direct spending targets for fiscal years 1994 through 1997, expired at the end of fiscal year 1997. EX. ORD. NO. 12858. DEFICIT REDUCTION FUND Ex. Ord. No. 12858, Aug. 4, 1993, 58 F.R. 42185, provided: By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections 1104 and 1105 of title 31, United States Code, it is hereby ordered as follows: Section 1. Purpose. It is essential to guarantee that the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103-66, see Tables for classification] is dedicated exclusively to reducing the deficit. Sec. 2. Deficit Reduction Fund. (a) Establishment of the Fund. There is established a separate account in the Treasury, known as the Deficit Reduction Fund, which shall receive the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103-66, see Tables for classification] as called for in subsection (b) of this order. (b) Amounts in Fund. Beginning upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993], the Deficit Reduction Fund shall receive any increases in total revenues resulting from enactment of such Act on a daily basis. In addition, on a daily basis, the Secretary of the Treasury shall enter into such account an amount equivalent to the net deficit reduction achieved as a result of all spending reductions resulting from such Act. The cumulative fiscal year amounts for the combination of all such revenue increases and spending reductions shall be equal to: (1) for fiscal year 1994, $60,292,000,000; (2) for fiscal year 1995, $70,437,000,000; (3) for fiscal year 1996, $92,061,000,000; (4) for fiscal year 1997, $125,881,000,000; (5) for fiscal year 1998, $146,939,000,000. Within 30 days of enactment of the Omnibus Budget Reconciliation Act of 1993, the foregoing amounts may be adjusted by the Director of the Office of Management and Budget to reflect the final scoring of such Act. (c) Status of Amounts in Fund. (i) The amounts in the Deficit Reduction Fund shall be used exclusively to redeem maturing debt obligations of the Treasury of the United States held by foreign governments in the amounts specified in subsection (b). (ii) The amounts in the Deficit Reduction Fund as set forth in subsection (b) that result from increases in total revenues and spending reductions shall not be available for new spending or to finance measures that increase the deficit for purposes of budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901-922 [900-922]). (d) Effect on Other Funds. Establishment of and transfers to the Deficit Reduction Fund shall not affect trust fund transfers that may be authorized or required by provisions of the Omnibus Reconciliation Act of 1993 or any other provision of law. Sec. 3. Requirement for the President To Report Annually on the Status of the Fund. The Director of the Office of Management and Budget shall include in the President's Budget transmitted under section 1105 of title 31, United States Code, information about the Deficit Reduction Fund, including a separate statement of amounts in and Federal debt redeemed by that Fund. Sec. 4. Implementation. The Secretary of the Treasury and the Director of the Office of Management and Budget shall each take such actions as may be necessary, within their respective authorities, promptly to carry out this order. Sec. 5. Effective Date. This order shall take effect upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993]. William J. Clinton. -FOOTNOTE- (!1) So in original. Probably should be capitalized. (!2) So in original. Probably should be preceded by "subparagraph". (!3) So in original. Probably should be followed by "of". -End- -CITE- 2 USC Sec. 901 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -HEAD- Sec. 901. Enforcing discretionary spending limits -STATUTE- (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. (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 make 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 current year and subtract the estimated level of receipts for that year. (cc) OMB shall add one-half of the sum of the amount calculated under items (aa) and (bb) to the obligation limitations set forth in the section 8003 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users and, using current estimates, calculate the outlay change resulting from the change in obligations for the budget year and the first outyear and the outlays flowing therefrom through subsequent fiscal years. After making the calculations under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year and the first outyear by adding one-half of the sum of the amount calculated under items (aa) and (bb) to each such year. (II) The estimated level of highway receipts for the purposes of this clause are - (aa) for fiscal year 2005, $31,562,000,000; (bb) for fiscal year 2006, $33,712,000,000; (cc) for fiscal year 2007, $34,623,000,000 (!2) (dd) for fiscal year 2008, $35,449,000,000; and (ee) for fiscal year 2009, $36,220,000,000. (III) In this clause, the term "highway receipts" means the governmental receipts credited to the highway account of the Highway Trust Fund. (C) In addition to the adjustment required by subparagraph (B), when the President submits the budget under section 1105 of title 31 for fiscal year 2007, 2008, or 2009, 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 - (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. (D)(i) When OMB and CBO submit their final sequester report for fiscal year 2006, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2007 through 2010 from obligations at the levels specified in section 8003 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users using current assumptions. (ii) When the President submits the budget under section 1105 of title 31 for fiscal year 2007, 2008, 2009, or 2010, 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, 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) (!3) 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) (!3) 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 2005 - (A) for the highway category: $31,277,000,000 in outlays; (B) for the mass transit category: $955,792,000 in new budget authority and $6,674,000,000 in outlays; (2) with respect to fiscal year 2006 - (A) for the highway category: $33,942,000,000 in outlays; (B) for the mass transit category: $1,643,000,000 in new budget authority and $7,359,000,000 in outlays; (3) with respect to fiscal year 2007 - (A) for the highway category: $36,960,000,000 in outlays; (B) for the mass transit category: $1,712,000,000 in new budget authority and $8,120,000,000 in outlays; (4) with respect to fiscal year 2008 - (A) for the highway category: $39,123,000,000 in outlays; (B) for the mass transit category: $1,858,000,000 in new budget authority and $8,742,000,000 in outlays; (5) with respect to fiscal year 2009 - (A) for the highway category: $40,660,000,000 in outlays; (B) for the mass transit category: $1,977,500,000 in new budget authority and $9,180,000,000 in outlays; (6) 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; (7) 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; (8) 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; (9) 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; (10) 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; (11) 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; (12) 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; (13) 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. -SOURCE- (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; Pub. L. 108-88, Sec. 10(a), (b), Sept. 30, 2003, 117 Stat. 1127; Pub. L. 108-310, Sec. 10(a), (b), Sept. 30, 2004, 118 Stat. 1160; Pub. L. 109-59, title VIII, Secs. 8001(a), 8002, Aug. 10, 2005, 119 Stat. 1915, 1916.) -STATAMEND- TERMINATION OF SECTION Section expired Sept. 30, 2002. See section 275(b) of Pub. L. 99- 177, as amended, set out as an Effective and Termination Dates note under section 900 of this title. -REFTEXT- REFERENCES IN TEXT Section 8003 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, referred to in subsec. (b)(1)(B)(ii)(I)(cc), (D)(i), is section 8003 of Pub. L. 109-59, 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. Subsecs. (c)(11) to (c)(16) of this section, referred to in subsec. (b)(2)(H)(ii), were redesignated subsecs. (c)(4) to (c)(9) of this section, respectively, by Pub. L. 108-88, Sec. 10(b)(2), Sept. 30, 2003, 117 Stat. 1127, and subsequently redesignated subsecs. (c)(8) to (c)(13) of this section, respectively, by Pub. L. 109-59, title VIII, Sec. 8001(a), Aug. 10, 2005, 119 Stat. 1915. -COD- 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. -MISC1- AMENDMENTS 2005 - Subsec. (b)(1)(B) to (E). Pub. L. 109-59, Sec. 8002, reenacted heading of subpar. (B) without change and amended text of subpars. (B) to (E) generally. Prior to amendment, subpar. (B) provided for adjustments to align highway spending with revenues using amount of obligations set forth in section 8103 of the Transportation Equity Act for the 21st Century and estimates of receipts for fiscal years 1998 through 2003, subpar. (C) provided for additional adjustments required in budget submissions for fiscal years 2000 through 2003, subpar. (D) provided for a final sequester report for fiscal year 1999 and an adjustment of estimates upon submission of the budget for fiscal years 2000 through 2003, and subpar. (E) required consultation with the Committees on the Budget and inclusion of a report on adjustments under subparagraphs (B) and (C) in the preview report. Subsec. (c). Pub. L. 109-59, Sec. 8001(a), added pars. (1) to (5), redesignated former pars. (2) to (9) as (6) to (13), respectively, and struck out former par. (1) which read as follows: "with respect to fiscal year 2004 - "(A) for the highway category: $31,834,000,000 in outlays; "(B) for the mass transit category: $1,462,000,000 in new budget authority and $6,629,000,000 in outlays; and "(C) for the conservation spending category: $2,080,000,000, in new budget authority and $2,032,000,000 in outlays;". 2004 - Subsec. (b)(2). Pub. L. 108-310, Sec. 10(a), which directed amendment of par. (2) by striking out "through 2002" in introductory provisions, could not be executed because the phrase "through 2002" did not appear subsequent to amendment by Pub. L. 108-88, Sec. 10(a). See 2003 Amendment note below. Subsec. (c). Pub. L. 108-310, Sec. 10(b), which directed the amendment of subsec. (c) by redesignating par. (8) as par. (1), substituting "with respect to fiscal year 2005 - " for "with respect to fiscal year 2005" and adding subpars. (A) and (B) in par. (1), redesignating remaining provisions of par. (1) as subpar. (C), redesignating pars. (9) to (16) as (2) to (9), respectively, and striking out former pars. (1) to (7), which defined "discretionary spending limit" with respect to fiscal years 2002 to 2006, either could not be executed or could not be executed as intended because of prior amendments by Pub. L. 108-88, Sec. 10(b). See 2003 Amendment notes below. 2003 - Subsec. (b)(2). Pub. L. 108-88, Sec. 10(a), struck out "through 2002" after "succeeding year" in introductory provisions. Subsec. (c)(1). Pub. L. 108-88, Sec. 10(b)(1), redesignated par. (8) as (1), substituted "with respect to fiscal year 2004 - " for "with respect to fiscal year 2004", added subpars. (A) and (B), redesignated remaining provisions of par. (1) as subpar. (C), and struck out former par. (1), which defined "discretionary spending limit" with respect to fiscal year 1997. Subsec. (c)(2) to (16). Pub. L. 108-88, Sec. 10(b), redesignated pars. (9) to (16) as (2) to (9), respectively, and struck out former pars. (2) to (7), which defined "discretionary spending limit" with respect to fiscal years 1998 to 2003. 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 [former 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 [former 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 [former 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 [former 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 [former 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 [former 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. 109-59, title VIII, Sec. 8003, Aug. 10, 2005, 119 Stat. 1917, 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 2005, $35,164,292,000; "(2) for fiscal year 2006, $37,220,843,903; "(3) for fiscal year 2007, $39,460,710,516; "(4) for fiscal year 2008, $40,824,075,404; and "(5) for fiscal year 2009, $42,469,970,178. "(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 2005, $7,646,336,000; "(2) for fiscal year 2006, $8,622,931,000; "(3) for fiscal year 2007, $8,974,775,000; "(4) for fiscal year 2008, $9,730,893,000; and "(5) for fiscal year 2009, $10,338,065,000. For purposes of this subsection, the term 'obligation limitations' means the sum of budget authority and obligation limitations." Similar provisions for prior fiscal years were contained in the following prior act: Pub. L. 105-178, title VIII, Sec. 8103, June 9, 1998, 112 Stat. 492, as amended by Pub. L. 108-88, Sec. 11(a), (b), Sept. 30, 2003, 117 Stat. 1128; Pub. L. 108-310, Sec. 11(a), (b), Sept. 30, 2004, 118 Stat. 1161. -FOOTNOTE- (!1) So in original. Probably should be capitalized. (!2) So in original. Probably should be followed by a semicolon. (!3) See References in Text note below. -End- -CITE- 2 USC Sec. 901a 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -HEAD- Sec. 901a. Repealed. -MISC1- Sec. 901a. Repealed. Pub. L. 105-33, title X, Sec. 10204(a)(1), Aug. 5, 1997, 111 Stat. 702. Section, Pub. L. 99-177, title II, Sec. 251A, as added Pub. L. 103-322, title XXXI, Sec. 310001(g)(1), Sept. 13, 1994, 108 Stat. 2104, related to sequestration with respect to Violent Crime Reduction Trust Fund. -End- -CITE- 2 USC Sec. 902 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -HEAD- Sec. 902. Enforcing pay-as-you-go -STATUTE- (a) Purpose The purpose of this section is to assure that any legislation enacted before October 1, 2002, affecting direct spending or receipts that increases the deficit will trigger an offsetting sequestration. (b) Sequestration (1) Timing Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 901 or 903 of this title, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending and receipts legislation enacted before October 1, 2002, as calculated under paragraph (2). (2) Calculation of deficit increase OMB shall calculate the amount of deficit increase or decrease by adding - (A) all OMB estimates for the budget year of direct spending and receipts legislation transmitted under subsection (d) of this section; (B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year's sequestration under this section or section 903 of this title, if any, as published in OMB's final sequestration report for that prior year; and (C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending and receipts legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year. (c) Eliminating a deficit increase (1) The amount required to be sequestered in a fiscal year under subsection (b) of this section shall be obtained from non-exempt direct spending accounts from actions taken in the following order: (A) First All reductions in automatic spending increases specified in section 906(a) of this title shall be made. (B) Second If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 906(b) of this title (guaranteed and direct student loans) and 906(c) of this title (foster care and adoption assistance) shall be made. (C) Third (i) If additional reductions in direct spending accounts are required to be made, each remaining non-exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1); except that the medicare programs specified in section 906(d) of this title shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending. (ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. (2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline. (d) Estimates (1) CBO estimates As soon as practicable after Congress completes action on any direct spending or receipts legislation, CBO shall provide an estimate to OMB of that legislation. (2) OMB estimates Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending or receipts legislation, OMB shall transmit a report to the House of Representatives and to the Senate containing - (A) the CBO estimate of that legislation; (B) an OMB estimate of that legislation using current economic and technical assumptions; and (C) an explanation of any difference between the 2 estimates. (3) Significant differences If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. (4) Scope of estimates The estimates under this section shall include the amount of change in outlays or receipts for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from - (A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and (B) emergency provisions as designated under subsection (e) of this section. (5) Scorekeeping guidelines OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall - (A) determine common scorekeeping guidelines; and (B) in conformance with such guidelines, prepare estimates under this section. (e) Emergency legislation If a provision of direct spending or receipts legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section. This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance. -SOURCE- (Pub. L. 99-177, title II, Sec. 252, Dec. 12, 1985, 99 Stat. 1072; Pub. L. 100-119, title I, Sec. 102(a), Sept. 29, 1987, 101 Stat. 764; Pub. L. 100-203, title VIII, Sec. 8003(e), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-581; Pub. L. 103-66, title XIV, Sec. 14003(a), Aug. 10, 1993, 107 Stat. 684; Pub. L. 103-354, title I, Sec. 119(d)(2), Oct. 13, 1994, 108 Stat. 3208; Pub. L. 105-33, title X, Sec. 10205, Aug. 5, 1997, 111 Stat. 702.) -STATAMEND- TERMINATION OF SECTION Section expired Sept. 30, 2006. See section 275(b) of Pub. L. 99- 177, as amended, set out as an Effective and Termination Dates note under section 900 of this title. -MISC1- AMENDMENTS 1997 - Subsec. (a). Pub. L. 105-33, Sec. 10205(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "The purpose of this section is to assure that any legislation (enacted after November 5, 1990) affecting direct spending or receipts that increases the deficit in any fiscal year covered by this Act will trigger an offsetting sequestration." Subsec. (b). Pub. L. 105-33, Sec. 10205(1), added subsec. (b) and struck out heading and text of former subsec. (b) which required sequestrations at the end of a session of Congress to offset amount of any net deficit increase in that fiscal year and prior fiscal year caused by all direct spending and receipts legislation enacted after Nov. 5, 1990. Subsec. (c)(1)(B). Pub. L. 105-33, Sec. 10205(2), inserted "and direct" after "guaranteed". Subsec. (d). Pub. L. 105-33, Sec. 10205(3), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "As soon as practicable after Congress completes action on any direct spending or receipts legislation enacted after November 5, 1990, after consultation with the Committees on the Budget of the House of Representatives and the Senate, CBO shall provide OMB with an estimate of the amount of change in outlays or receipts, as the case may be, in each fiscal year through fiscal year 1998 resulting from that legislation. Within 5 calendar days after the enactment of any direct spending or receipts legislation enacted after November 5, 1990, OMB shall transmit a report to the House of Representatives and to the Senate containing such CBO estimate of that legislation, an OMB estimate of the amount of change in outlays or receipts, as the case may be, in each fiscal year through fiscal year 1998 resulting from that legislation, and an explanation of any difference between the two estimates. Those OMB estimates shall be made using current economic and technical assumptions. 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. (e). Pub. L. 105-33, Sec. 10205(4), struck out ", for any fiscal year from 1991 through 1998," after "If" and "through 1995" after "receipts in all fiscal years". 1994 - Subsec. (e). Pub. L. 103-354 inserted at end "This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance." 1993 - Subsec. (a). Pub. L. 103-66, Sec. 14003(a)(1), which directed the substitution of "Fiscal year 1992-1998 enforcement" for "Fiscal year 1992-1995 enforcement" in heading, was executed by substituting "Fiscal years 1992-1998 enforcement" for "Fiscal years 1992-1995 enforcement", to reflect the probable intent of Congress. Subsec. (d). Pub. L. 103-66, Sec. 14003(a)(2), substituted "through fiscal year 1998" for "through fiscal year 1995" in two places. Subsec. (e). Pub. L. 103-66, Sec. 14003(a)(3), substituted "for any fiscal year from 1991 through 1998" for "for fiscal year 1991, 1992, 1993, 1994, or 1995". 1990 - Pub. L. 101-508 amended section generally, substituting subsecs. (a) to (e) relating to enforcement of pay-as-you-go for former subsecs. (a) to (g) relating to Presidential order. 1987 - Pub. L. 100-119 amended section generally to reflect substitution of Director of OMB for Comptroller General as official submitting reports under section 901 of this title and to revise provisions relating to content of Presidential orders issued in accordance with those reports. Subsec. (c)(2)(F)(ii). Pub. L. 100-203, Sec. 8003(e), substituted "proposed" for "made". EFFECTIVE DATE OF 1994 AMENDMENT Section 119(d)(2) of Pub. L. 103-354 provided that the amendment made by that section is effective Jan. 1, 1995. REDUCTION OF PREEXISTING PAYGO BALANCES Pub. L. 107-312, Sec. 1, Dec. 2, 2002, 116 Stat. 2456, provided that: "Upon enactment of this Act [Dec. 2, 2002], the Director of the Office of Management and Budget shall reduce any balances of direct spending and receipts legislation for all fiscal years under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] to zero." PAY-AS-YOU-GO ADJUSTMENT Pub. L. 107-117, div. C, Sec. 102, Jan. 10, 2002, 115 Stat. 2342, provided that: "In preparing the final sequestration report for fiscal year 2002 required by section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 904(f)(3)], the Director of the Office of Management and Budget shall change any balance of direct spending and receipts legislation for fiscal years 2001 and 2002 under section 252 of that Act [2 U.S.C. 902] to zero." CONFORMING PAYGO SCORECARD WITH TRANSPORTATION EQUITY ACT FOR 21ST CENTURY Pub. L. 105-178, title VIII, Sec. 8102, June 9, 1998, 112 Stat. 492, as amended by Pub. L. 105-206, title IX, Sec. 9013(c), July 22, 1998, 112 Stat. 865, provided that: "Upon the enactment of this Act [June 9, 1998], the Director of the Office of Management and Budget shall not make any estimates under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(d)] of changes in direct spending outlays and receipts for any fiscal year resulting from this title [see Tables for classification] or from section 1102 of this Act [23 U.S.C. 104 note]." REDUCTION OF PREEXISTING BALANCES AND EXCLUSION OF EFFECTS OF PUB. L. 105-33 FROM PAYGO SCORECARD Section 10213 of Pub. L. 105-33 provided that: "Upon the enactment of this Act [Aug. 5, 1997], the Director of the Office of Management and Budget shall - "(1) reduce any balances of direct spending and receipts legislation for any fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] to zero; and "(2) not make any estimates of changes in direct spending outlays and receipts under subsection (d) of that section for any fiscal year resulting from the enactment of this Act [see Tables for classification] or of the Taxpayer Relief Act of 1997 [Pub. L. 105-34, see Tables for classification]." REDUCTION OF DIRECT SPENDING AND RECEIPTS LEGISLATION BALANCES Section 14003(c) of Pub. L. 103-66 provided that: "Upon enactment of this Act [Aug. 10, 1993], the director of the Office of Management and Budget shall reduce the balances of direct spending and receipts legislation applicable to each fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] by an amount equal to the net deficit reduction achieved through the enactment in this Act [see Tables for classification] of direct spending and receipts legislation for that year." -End- -CITE- 2 USC Sec. 903 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -HEAD- Sec. 903. Enforcing deficit targets -STATUTE- (a) Sequestration Within 15 calendar days after Congress adjourns to end a session (other than of the One Hundred First Congress) and on the same day as a sequestration (if any) under section 901 of this title and section 902 of this title, but after any sequestration required by section 901 of this title (enforcing discretionary spending limits) or section 902 of this title (enforcing pay-as-you-go), there shall be a sequestration to eliminate the excess deficit (if any remains) if it exceeds the margin. (b) Excess deficit; margin The excess deficit is, if greater than zero, the estimated deficit for the budget year, minus - (1) the maximum deficit amount for that year; (2) the amounts for that year designated as emergency direct spending or receipts legislation under section 902(e) of this title; and (3) for any fiscal year in which there is not a full adjustment for technical and economic reestimates, the deposit insurance reestimate for that year, if any, calculated under subsection (h) of this section. The "margin" for fiscal year 1992 or 1993 is zero and for fiscal year 1994 or 1995 is $15,000,000,000. (c) Dividing sequestration To eliminate the excess deficit in a budget year, half of the required outlay reductions shall be obtained from non-exempt defense accounts (accounts designated as function 050 in the President's fiscal year 1991 budget submission) and half from non- exempt, non-defense accounts (all other non-exempt accounts). (d) Defense Each non-exempt defense account shall be reduced by a dollar amount calculated by multiplying the level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (c) of this section, except that, if any military personnel are exempt, adjustments shall be made under the procedure set forth in section 901(a)(3) of this title. (e) Non-defense Actions to reduce non-defense accounts shall be taken in the following order: (1) First All reductions in automatic spending increases under section 906(a) of this title shall be made. (2) Second If additional reductions in non-defense accounts are required to be made, the maximum reduction permissible under sections 906(b) of this title (guaranteed student loans) and 906(c) of this title (foster care and adoption assistance) shall be made. (3) Third (A) If additional reductions in non-defense accounts are required to be made, each remaining non-exempt, non-defense account shall be reduced by the uniform percentage necessary to make the reductions in non-defense outlays required by subsection (c) of this section, except that - (i) the medicare program specified in section 906(d) of this title shall not be reduced by more than 2 percent in total including any reduction of less than 2 percent made under section 902 of this title or, if it has been reduced by 2 percent or more under section 902 of this title, it may not be further reduced under this section; and (ii) the health programs set forth in section 906(e) of this title shall not be reduced by more than 2 percent in total (including any reduction made under section 901 of this title), and the uniform percent applicable to all other programs under this subsection shall be increased (if necessary) to a level sufficient to achieve the required reduction in non-defense outlays. (B) For purposes of determining reductions under subparagraph (A), outlay reduction (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. (f) Baseline assumptions; part-year appropriations (1) Budget assumptions For purposes of subsections (b), (c), (d), and (e) of this section, accounts shall be assumed to be at the level in the baseline minus any reductions required to be made under sections 901 and 902 of this title. (2) Part-year appropriations If, on the date specified in subsection (a) of this section, there is in effect an Act making or continuing appropriations for part of a fiscal year for any non-exempt budget account, then the dollar sequestration calculated for that account under subsection (d) or (e) of this section, as applicable, 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; except that the amount to be sequestered from that account shall be reduced (but not below zero) by the savings achieved by that appropriation when the enacted amount is less than the baseline for that account. (g) Adjustments to maximum deficit amounts (1) Adjustments (A) When the President submits the budget for fiscal year 1992, the maximum deficit amounts for fiscal years 1992, 1993, 1994, and 1995 shall be adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. When the President submits the budget for fiscal year 1993, the maximum deficit amounts for fiscal years 1993, 1994, and 1995 shall be further adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. (B) When submitting the budget for fiscal year 1994, the President may choose to adjust the maximum deficit amounts for fiscal years 1994 and 1995 to reflect up-to-date reestimates of economic and technical assumptions. If the President chooses to adjust the maximum deficit amount when submitting the fiscal year 1994 budget, the President may choose to invoke the same adjustment procedure when submitting the budget for fiscal year 1995. In each case, the President must choose between making no adjustment or the full adjustment described in paragraph (2). If the President chooses to make that full adjustment, then those procedures for adjusting discretionary spending limits described in sections 901(b)(1)(C) (!1) and 901(b)(2)(E) (!1) of this title, otherwise applicable through fiscal year 1993 or 1994 (as the case may be), shall be deemed to apply for fiscal year 1994 (and 1995 if applicable). (C) When the budget for fiscal year 1994 or 1995 is submitted and the sequestration reports for those years under section 904 of this title are made (as applicable), if the President does not choose to make the adjustments set forth in subparagraph (B), the maximum deficit amount for that fiscal year shall be adjusted by the amount of the adjustment to discretionary spending limits first applicable for that year (if any) under section 901(b) of this title. (D) For each fiscal year the adjustments required to be made with the submission of the President's budget for that year shall also be made when OMB submits the sequestration update report and the final sequestration report for that year, but OMB shall continue to use the economic and technical assumptions in the President's budget for that year. Each adjustment shall be made by increasing or decreasing the maximum deficit amounts set forth in section 665 (!1) of this title. (2) Calculations of adjustments The required increase or decrease shall be calculated as follows: (A) The baseline deficit or surplus shall be calculated using up-to-date economic and technical assumptions, using up-to-date concepts and definitions, and, in lieu of the baseline levels of discretionary appropriations, using the discretionary spending limits set forth in section 665 (!1) of this title as adjusted under section 901 of this title. (B) The net deficit increase or decrease caused by all direct spending and receipts legislation enacted after November 5, 1990 (after adjusting for any sequestration of direct spending accounts) shall be calculated for each fiscal year by adding - (i) the estimates of direct spending and receipts legislation transmitted under section 902(d) of this title applicable to each such fiscal year; and (ii) the estimated amount of savings in direct spending programs applicable to each such fiscal year resulting from the prior year's sequestration under this section or section 902 of this title of direct spending, if any, as contained in OMB's final sequestration report for that year. (C) The amount calculated under subparagraph (B) shall be subtracted from the amount calculated under subparagraph (A). (D) The maximum deficit amount set forth in section 665 (!1) of this title shall be subtracted from the amount calculated under subparagraph (C). (E) The amount calculated under subparagraph (D) shall be the amount of the adjustment required by paragraph (1). (h) Treatment of deposit insurance (1) Initial estimates The initial estimates of the net costs of federal deposit insurance for fiscal year 1994 and fiscal year 1995 (assuming full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of the submission of the budget for fiscal year 1993) shall be set forth in that budget. (2) Reestimates For fiscal year 1994 and fiscal year 1995, the amount of the reestimate of deposit insurance costs shall be calculated by subtracting the amount set forth under paragraph (1) for that year from the current estimate of deposit insurance costs (but assuming full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of submission of the budget for fiscal year 1993). -SOURCE- (Pub. L. 99-177, title II, Sec. 253, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100-119, title I, Sec. 103, Sept. 29, 1987, 101 Stat. 775; Pub. L. 101-508, title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-583.) -STATAMEND- TERMINATION OF SECTION Section expired Sept. 30, 2002. See section 275(b) of Pub. L. 99- 177, as amended, set out as an Effective and Termination Dates note under section 900 of this title. -REFTEXT- REFERENCES IN TEXT Section 901(b) of this title, referred to in subsec. (g)(1)(B), was amended by Pub. L. 105-33, title X, Sec. 10203(a)(4), Aug. 5, 1997, 111 Stat. 699; Pub. L. 105-178, title VIII, Sec. 8101(d), June 9, 1998, 112 Stat. 490; and Pub. L. 109-59, title VIII, Sec. 8002, Aug. 10, 2005, 119 Stat. 1916, and as so amended, section 901(b)(1)(C) relates to adjustments in the FY 2007, 2008, and 2009 budgets made by OMB to the limits on outlays for the highway and mass transit categories and section 901(b)(2)(E) relates to allowance for international arrearages. Section 665 of this title, referred to in subsec. (g)(1), (2)(A), (D), was repealed by Pub. L. 105-33, title X, Sec. 10118(a), Aug. 5, 1997, 111 Stat. 695. -COD- CODIFICATION November 5, 1990, referred to in subsec. (g)(2)(B), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of Pub. L. 101-508, which amended this section generally, to reflect the probable intent of Congress. -MISC1- AMENDMENTS 1990 - Pub. L. 101-508 amended section generally, substituting provisions relating to enforcement of deficit targets for provisions relating to compliance report by Comptroller General. 1987 - Pub. L. 100-119 amended section generally, designating existing provisions as par. (1), substituting "(or December 15, 1987, in the case of the fiscal year 1988)" for "(or on or before April 1, 1986, in the case of the fiscal year 1986)", and adding pars. (2) and (3). -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 2 USC Sec. 904 01/03/2007 -EXPCITE- TITLE 2 - THE CONGRESS CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I - ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT -HEAD- Sec. 904. Reports and orders -STATUTE- (a) Timetable The timetable with respect to this subchapter for any budget year is as follows: Date: Action to be completed: -------------------------------------------------------------------- January 21 Notification regarding optional adjustment of maximum deficit amount. 5 days before the President's CBO sequestration preview budget submission report. The President's budget OMB sequestration preview submission report. August 10 Notification regarding military personnel. August 15 CBO sequestration update report. August 20 OMB sequestration update report. 10 days after end of session CBO final sequestration report. 15 days after end of session OMB final sequestration report; Presidential order. -------------------------------------------------------------------- (b) Submission and availability of reports Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register. (c) Sequestration preview reports (1) Reporting requirement On the dates specified in subsection (a) of this section, OMB and CBO shall issue a preview report regarding discretionary, pay- as-you-go, and deficit sequestration based on laws enacted through those dates. (2) Discretionary sequestration report The preview reports shall set forth estimates for the current year and each subsequent year through 2002 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title. (3) Pay-as-you-go sequestration reports The preview reports shall set forth, for the current year and the budget year, estimates for each of the following: (A) The amount of net deficit increase or decrease, if any, calculated under subsection 902(b) of this title. (B) A list identifying each law enacted and sequestration implemented after November 5, 1990, included in the calculation of the amount of deficit increase or decrease and specifying the budgetary effect of each such law. (C) The sequestration percentage or (if the required sequestration percentage is greater than the maximum allowable percentage for medicare) percentages necessary to eliminate a deficit increase under section 902(c) of this title. (4) Deficit sequestration reports The preview reports shall set forth for the budget year estimates for each of the following: (A) The maximum deficit amount, the estimated deficit calculated under section 903(b) of this title, the excess deficit, and the margin. (B) The amount of reductions required under section 902 of this title, the excess deficit remaining after those reductions have been made, and the amount of reductions required from defense accounts and the reductions required from non-defense accounts. (C) The sequestration percentage necessary to achieve the required reduction in defense accounts under section 903(d) of this title. (D) The reductions required under sections 903(e)(1) and 903(e)(2) of this title. (E) The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 903(e)(3) of this title. The CBO report need not set forth the items other than the maximum deficit amount for fiscal year 1992, 1993, or any fiscal year for which the President notifies the House of Representatives and the Senate that he will adjust the maximum deficit amount under the option under section 903(g)(1)(B) of this title. (5) Explanation of differences The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection. (d) Notification regarding military personnel On or before the date specified in subsection (a) of this section, the President shall notify the Congress of the manner in which he intends to exercise flexibility with respect to military personnel accounts under section 905(f) of this title. (e) Sequestration update reports On the dates specified in subsection (a) of this section, OMB and CBO shall issue a sequestration update report, reflecting laws enacted through those dates, containing all of the information required in the sequestration preview reports. (f) Final sequestration reports (1) Reporting requirement