§900. Statement of budget enforcement through sequestration; definitions
(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)
(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)
(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.
(
Termination of Section
Section expired Sept. 30, 2006. See section 275(b) of
References in Text
House Concurrent Resolution 84, referred to in subsec. (b), is H. Con. Res. 84, June 5, 1997,
The Balanced Budget Act of 1997, referred to in subsec. (c)(4)(A), (17), is
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, referred to in subsec. (c)(4)(B), (C), is
Section 8103 of the Transportation Equity Act for the 21st Century, referred to in subsec. (c)(4)(D)(ii), is section 8103 of
The Department of the Interior and Related Agencies Appropriations Act, 2001, referred to in subsec. (c)(4)(E)(xiv), is
The Congressional Budget Act of 1974, referred to in subsec. (c)(19), is titles I through IX of
Codification
Subsection (a) of this section, which provided a partial table of contents for this subchapter was omitted from the Code.
Amendments
2005-Subsec. (c)(4)(B).
Subsec. (c)(4)(B)(v) to (vii).
Subsec. (c)(4)(C).
2004-Subsec. (c)(4)(B).
Subsec. (c)(4)(C).
2003-Subsec. (c)(4)(B).
Subsec. (c)(4)(C).
2000-Subsec. (c)(4)(E) to (K).
1998-Subsec. (c)(4).
Subsec. (c)(4)(C).
1997-Subsec. (a).
Subsec. (b).
"(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).
Subsec. (c)(4).
"(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).
"(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).
Subsec. (c)(14).
Subsec. (c)(17).
Subsec. (c)(18).
Subsec. (c)(19).
Subsec. (c)(20).
"(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).
1990-Subsec. (c)(21).
Effective Date of 1998 Amendment
Title IX of
Effective and Termination Dates
"(a)
"(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)
"(c)
[Amendment of section 275(b)(2) of
Short Title of 1997 Amendment
Short Title of 1990 Amendment
Short Title of 1987 Amendment
Short Title
Habitat Conservation Activities Considered Within Coastal Assistance Sub-Category
"(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
Similar provisions were contained in the following prior appropriation act:
Purpose of Subtitle B of Title X of Pub. L. 105–33
Section 10201 of title X of
Restriction on Elimination or Reduction of Programs Relating to Energy and Water Development
Waivers and Suspensions in the Senate
[Section 271(b) of
Appeals of Rulings
[For effective date of section 271(c) of
Exercise of Congressional Rulemaking Power
"(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
"(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
"(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
"(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.
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:
(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 [
(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.
William J. Clinton.
1 So in original. Probably should be capitalized.
2 So in original. Probably should be preceded by "subparagraph".