US Codex
U.S.C.
Notes

§900. Statement of budget enforcement through sequestration; definitions — Inbound Citations

2 U.S.C. § 900

Cited by 590 provisions in release 119-102.

Citations to 2 U.S.C. § 900 as a whole

  • (2) The definitions set forth in section 622 of this title and in section 250 of BBEDCA [2 U.S.C. 900] shall apply to this chapter, except to the extent that they are specifically modified as follows:
    (A) The term “outyear” means a fiscal year one or more years after the budget year.
    (B) In section 250(c)(8)(C) [2 U.S.C. 900(c)(8)(C)], the reference to the food stamp program shall be deemed to be a reference to the Supplemental Nutrition Assistance Program.
  • (1) The amounts collected under subsection (a) shall be deposited in the Farm Credit Administration Administrative Expense Account. The Expense Account shall be maintained in the Treasury of the United States and shall be available, without regard, for purposes of sequestration, to the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.], to pay the expenses of the Farm Credit Administration.
  • If the amount appropriated (or made available in the event of a sequestration order issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177; [2 U.S.C. 900 et seq.])) for a fiscal year pursuant to any authorization of appropriations provided by an Act other than an appropriation Act is less than the authorization amount and a provision of that Act provides that a specified amount of the authorization amount shall be available only for a certain purpose, then the amount so specified shall be deemed to be reduced for that fiscal year to the amount which bears the same ratio to the specified amount as the amount appropriated (or made available in the event of sequestration) bears to the authorization amount.
  • (2) Funds described in paragraph (1) may not be obligated for programs and activities under subsection (a) unless the Director of the Office of Management and Budget has determined that expenditures during fiscal year 1993 pursuant to such obligation shall be counted against the defense category of the discretionary spending limits for that fiscal year (as defined in section 665(a)(2)1 of title 2) for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.].
  • (3) Notwithstanding the Budget Scorekeeping Guidelines and the accompanying list of programs and accounts set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, and for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) and the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), the Fund shall be treated as if it were an account designated as “Appropriated Entitlements and Mandatories for Fiscal Year 1997” in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217.
  • (3) Payments of compensation under the Program and the costs of carrying out the Program shall be exempt from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.].
  • (iv) Payments to institutions required by clause (i)(II) shall be made from funds otherwise available for the payment of benefits under this subchapter and shall be treated as direct spending for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 900 et seq.].
  • (e) There is authorized to be appropriated in each fiscal year for payments under this subchapter, in addition to amounts appropriated for distribution to all the States in accordance with section 8623 of this title (other than subsection (e) of such section), $600,000,000 to meet the additional home energy assistance needs of one or more States arising from a natural disaster or other emergency. Funds appropriated pursuant to this subsection are hereby designated to be emergency requirements pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(D)], except that such funds shall be made available only after the submission to Congress of a formal budget request by the President (for all or a part of the appropriation pursuant to this subsection) that includes a designation of the amount requested as an emergency requirement as defined in such Act [2 U.S.C. 900 et seq.].

Citations to §900(c)

Citations to §900(c)(1)

Citations to §900(c)(2)

Citations to §900(c)(3)

Citations to §900(c)(4)

Citations to §900(c)(4)(A)

Citations to §900(c)(4)(B)

Citations to §900(c)(4)(D)

Citations to §900(c)(4)(E)

Citations to §900(c)(4)(F)

Citations to §900(c)(5)

Citations to §900(c)(6)

Citations to §900(c)(7)

Citations to §900(c)(8)

Citations to §900(c)(8)(C)

Citations to §900(c)(9)

Citations to §900(c)(10)

  • (1) during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or
  • (2) the most recent of the Department of Commerce’s advance preliminary or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than one percent.
  • (5) It shall not be in order in the Senate to consider any reconciliation bill or reconciliation resolution reported under paragraph (4) with respect to a fiscal year, any amendment thereto, or any conference report thereon if—
    (A) the enactment of such bill or resolution as reported;
    (B) the adoption and enactment of such amendment; or
    (C) the enactment of such bill or resolution in the form recommended in such conference report,
    would cause the amount of the deficit for such fiscal year to exceed the maximum deficit amount for such fiscal year, unless the low-growth report submitted under section 904 of this title projects negative real economic growth for such fiscal year, or for each of any two consecutive quarters during such fiscal year.

Citations to §900(c)(11)

  • (2) Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category.
  • (3) If the President uses the authority to exempt any personnel account 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) 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 for that account.
  • (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 for that account.
  • (5) 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) 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).
  • (D) For purposes of this paragraph, amounts provided by annual appropriations shall include any discretionary appropriations 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.
  • (A) If, for any fiscal year, appropriations for discretionary accounts are enacted that—
    (i) the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or
    (ii) the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates,
    the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable.
  • (i) the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or
  • (ii) the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates,
  • (i) If, for fiscal years 2024 and 2025, appropriations for discretionary accounts are enacted that Congress designates as being for disaster relief in statute, the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for disaster relief, but not to exceed the total of—
    (I) the average over the previous 10 years (excluding the highest and lowest years) of the sum of the funding provided for disaster relief (as that term is defined on the date immediately before March 23, 2018);
    (II) notwithstanding clause (iv), five percent of the total appropriations provided in the previous 10 years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress in statute as an emergency; and
    (III) the cumulative net total of the unused carryover for fiscal year 2018 and all subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the sum of the amounts in subclauses (I) and (II) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.
  • (i) If, for fiscal years 2020 through 2027, a bill or joint resolution making appropriations for a fiscal year is enacted that provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed—
    (I) for fiscal year 2020, $2,250,000,000;
    (II) for fiscal year 2021, $2,350,000,000;
    (III) for fiscal year 2022, $2,450,000,000;
    (IV) for fiscal year 2023, $2,550,000,000;
    (V) for fiscal year 2024, $2,650,000,000;
    (VI) for fiscal year 2025, $2,750,000,000;
    (VII) for fiscal year 2026, $2,850,000,000; and
    (VIII) for fiscal year 2027, $2,950,000,000.
  • (G) If, for fiscal year 2020, appropriations for the Periodic Censuses and Programs account of the Bureau of the Census of the Department of Commerce are enacted that the Congress designates in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year designated as being for the 2020 Census, but shall not exceed $2,500,000,000.
  • (1) Subject to paragraph (3), if on or after January 1, 2024, there is in effect an Act making continuing appropriations for part of fiscal year 2024 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(9) for fiscal year 2024 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:
    (A) For the revised security category, the amount that is equal to the total budget authority for such category for base funding, as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.
    (B) For the revised non-security3 category, the amount that is equal to the total budget authority for such category for base funding as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.
  • (A) 10 days, not including weekends and holidays, for the Congressional Budget Office and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or
  • (1) Subject to paragraph (3), if on or after January 1, 2025, there is in effect an Act making continuing appropriations for part of fiscal year 2025 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(10) for fiscal year 2025 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:
    (A) for the revised security category, the amount calculated for such category in section4 (d)(1)(A); and
    (B) for the revised non-security3 category, the amount calculated for each category in section4 (d)(1)(B).
  • (A) 10 days, not including weekends and holidays, for the Congressional Budget Office, and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or
  • Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:
  • (C) reducing the difference by 18 percent to account for debt service;
  • (2) On March 1, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal years 2014 through 2021 pursuant to section 904(c) of this title, OMB shall allocate half of the total reduction calculated pursuant to paragraph (1) for that year to discretionary appropriations and direct spending accounts within function 050 (defense function) and half to accounts in all other functions (nondefense functions).
  • (A) On March 1, 2013, for fiscal year 2013, OMB shall calculate and the President shall order a sequestration, effective upon issuance and under the procedures set forth in section 903(f) of this title, to reduce each account within the security category or nonsecurity category by a dollar amount calculated by multiplying the baseline level of budgetary resources in that account at that time by a uniform percentage necessary to achieve—
    (i) for the revised security category, an amount equal to the defense function discretionary reduction calculated pursuant to paragraph (3); and
    (ii) for the revised nonsecurity category, an amount equal to the nondefense function discretionary reduction calculated pursuant to paragraph (4).
  • (9) On the dates specified in paragraph (2), OMB shall submit a report to Congress containing information about the calculations required under this section, the adjusted discretionary spending limits, a listing of the reductions required for each nonexempt direct spending account, and any other data and explanations that enhance public understanding of this title1 and actions taken under it.
  • (1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order:
    (A) All reductions in automatic spending increases specified in section 906(a)1 of this title shall be made.
    (B) 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)1 of this title (foster care and adoption assistance) shall be made.
    (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 subsection (b); 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.
  • (B) 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)1 of this title (foster care and adoption assistance) shall be made.
  • (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 subsection (b); 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.
  • (2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline.
  • (c) 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) 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), 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) Actions to reduce non-defense accounts shall be taken in the following order:
    (1) All reductions in automatic spending increases under section 906(a)1 of this title shall be made.
    (2) 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)1 of this title (foster care and adoption assistance) shall be made.
    (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), 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.
  • (2) 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)1 of this title (foster care and adoption assistance) shall be made.
  • (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), 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.
  • (1) For purposes of subsections (b), (c), (d), and (e), 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) If, on the date specified in subsection (a), 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), 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.
  • (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.
  • (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.
  • (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.
  • (E) The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 903(e)(3) of this title.
  • (d) On or before the date specified in subsection (a), 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.
  • (D) For the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions.
  • (3) The final reports shall contain all the information required in the pay-as-you-go and deficit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs.
  • (4) The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under section 902(b) of this title, any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable1 resources for any budget account to be reduced if such difference is greater than $5,000,000.
  • (1) The President may, with respect to any military personnel account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply.
  • (A) The following budget accounts and activities shall be exempt from reduction under any order issued under this subchapter:
    Activities resulting from private donations, bequests, or voluntary contributions to the Government.
    Activities financed by voluntary payments to the Government for goods or services to be provided for such payments.
    Administration of Territories, Northern Mariana Islands Covenant grants (14–0412–0–1–808).
    Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600).
    Black Lung Disability Trust Fund Refinancing (16–0329–0–1–601).
    Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 of Public Law 93–454 (1974), as amended [16 U.S.C. 838k] (89–4045–0–3–271).
    Claims, Judgments, and Relief Acts (20–1895–0–1–808).
    Compact of Free Association (14–0415–0–1–808).
    Compensation of the President (11–0209–01–1–802).
    Comptroller of the Currency, Assessment Funds (20–8413–0–8–373).
    Continuing Fund, Southeastern Power Administration (89–5653–0–2–271).
    Continuing Fund, Southwestern Power Administration (89–5649–0–2–271).
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund2
    Dual Benefits Payments Account (60–0111–0–1–601).
    Emergency Fund, Western Area Power Administration (89–5069–0–2–271).
    Exchange Stabilization Fund (20–4444–0–3–155).
    Farm Credit Administration Operating Expenses Fund (78–4131–0–3–351).
    Farm Credit System Insurance Corporation, Farm Credit Insurance Fund (78–4171–0–3–351).
    Federal Deposit Insurance Corporation, Deposit Insurance Fund (51–4596–0–4–373).
    Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51–4065–0–3–373).
    Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51–4458–0–3–373).
    Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51–4457–0–3–373).
    Federal Home Loan Mortgage Corporation (Freddie Mac).
    Federal Housing Finance Agency, Administrative Expenses (95–5532–0–2–371).
    Federal National Mortgage Corporation (Fannie Mae).
    Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20–1713–0–1–752).
    Federal Payment to the District of Columbia Pension Fund (20–1714–0–1–601).
    Federal Payments to the Railroad Retirement Accounts (60–0113–0–1–601).
    Federal Reserve Bank Reimbursement Fund (20–1884–0–1–803).
    Financial Agent Services (20–1802–0–1–803).
    Foreign Military Sales Trust Fund (11–8242–0–7–155).
    Hazardous Waste Management, Conservation Reserve Program (12–4336–0–3–999).
    Host Nation Support Fund for Relocation (97–8337–0–7–051).
    Internal Revenue Collections for Puerto Rico (20–5737–0–2–806).
    Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect.
    Medical Facilities Guarantee and Loan Fund (75–9931–0–3–551).
    National Credit Union Administration, Central Liquidity Facility (25–4470–0–3–373).
    National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25–4476–0–3–376).
    National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25–4473–0–3–371).
    National Credit Union Administration, Credit Union Share Insurance Fund (25–4468–0–3–373).
    National Credit Union Administration, Credit Union System Investment Program (25–4474–0–3–376).
    National Credit Union Administration, Operating fund (25–4056–0–3–373).
    National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee Program (25–4469–0–3–376).
    National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25–4475–0–3–376).
    Office of Thrift Supervision (20–4108–0–3–373).
    Panama Canal Commission Compensation Fund (16–5155–0–2–602).
    Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15–0100–0–1–153).
    Payment to Civil Service Retirement and Disability Fund (24–0200–0–1–805).
    Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97–0850–0–1–054).
    Payment to Judiciary Trust Funds (10–0941–0–1–752).
    Payment to Military Retirement Fund (97–0040–0–1–054).
    Payment to the Foreign Service Retirement and Disability Fund (19–0540–0–1–153).
    Payments to Copyright Owners (03–5175–0–2–376).
    Payments to Health Care Trust Funds (75–0580–0–1–571).
    Payment to Radiation Exposure Compensation Trust Fund (15–0333–0–1–054).
    Payments to Social Security Trust Funds (28–0404–0–1–651).
    Payments to the United States Territories, Fiscal Assistance (14–0418–0–1–806).
    Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.
    Payments to widows and heirs of deceased Members of Congress (00–0215–0–1–801).
    Postal Service Fund (18–4020–0–3–372).
    Public Wireless Supply Chain Innovation Fund.
    Radiation Exposure Compensation Trust Fund (15–8116–0–1–054).
    Reimbursement to Federal Reserve Banks (20–0562–0–1–803).
    Salaries of Article III judges.
    Soldiers and Airmen’s Home, payment of claims (84–8930–0–7–705).
    Tennessee Valley Authority Fund, except nonpower programs and activities (64–4110–0–3–999).
    Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14–5265–0–2–452), Tribal Trust Fund (14–8030–0–7–452), White Earth Settlement (14–2204–0–1–452), and Indian Water Rights and Habitat Acquisition (14–5505–0–2–303).
    United Mine Workers of America 1992 Benefit Plan (95–8260–0–7–551).
    United Mine Workers of America 1993 Benefit Plan (95–8535–0–7–551).
    United Mine Workers of America Combined Benefit Fund (95–8295–0–7–551).
    United States Enrichment Corporation Fund (95–4054–0–3–271).
    Universal Service Fund (27–5183–0–2–376).
    Vaccine Injury Compensation (75–0320–0–1–551).
    Vaccine Injury Compensation Program Trust Fund (20–8175–0–7–551).
  • (B) The following Federal retirement and disability accounts and activities shall be exempt from reduction under any order issued under this subchapter:
    Black Lung Disability Trust Fund (20–8144–0–7–601).
    Central Intelligence Agency Retirement and Disability System Fund (56–3400–0–1–054).
    Civil Service Retirement and Disability Fund (24–8135–0–7–602).
    Comptrollers general retirement system (05–0107–0–1–801).
    Contributions to U.S. Park Police annuity benefits, Other Permanent Appropriations (14–9924–0–2–303).
    Court of Appeals for Veterans Claims Retirement Fund (95–8290–0–7–705).
    Department of Defense Medicare-Eligible Retiree Health Care Fund (97–5472–0–2–551).
    District of Columbia Federal Pension Fund (20–5511–0–2–601).
    District of Columbia Judicial Retirement and Survivors Annuity Fund (20–8212–0–7–602).
    Energy Employees Occupational Illness Compensation Fund (16–1523–0–1–053).
    Foreign National Employees Separation Pay (97–8165–0–7–051).
    Foreign Service National Defined Contributions Retirement Fund (19–5497–0–2–602).
    Foreign Service National Separation Liability Trust Fund (19–8340–0–7–602).
    Foreign Service Retirement and Disability Fund (19–8186–0–7–602).
    Government Payment for Annuitants, Employees Health Benefits (24–0206–0–1–551).
    Government Payment for Annuitants, Employee Life Insurance (24–0500–0–1–602).
    Judicial Officers’ Retirement Fund (10–8122–0–7–602).
    Judicial Survivors’ Annuities Fund (10–8110–0–7–602).
    Military Retirement Fund (97–8097–0–7–602).
    National Railroad Retirement Investment Trust (60–8118–0–7–601).
    National Oceanic and Atmospheric Administration retirement (13–1450–0–1–306).
    Pensions for former Presidents (47–0105–0–1–802).
    Postal Service Retiree Health Benefits Fund (24–5391–0–2–551).
    Public Safety Officer Benefits (15–0403–0–1–754).
    Rail Industry Pension Fund (60–8011–0–7–601).
    Retired Pay, Coast Guard (70–0602–0–1–403).
    Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service (75–0379–0–1–551).
    September 11th Victim Compensation Fund (15–0340–0–1–754).
    Special Benefits for Disabled Coal Miners (16–0169–0–1–601).
    Special Benefits, Federal Employees’ Compensation Act (16–1521–0–1–600).
    Special Workers Compensation Expenses (16–9971–0–7–601).
    Tax Court Judges Survivors Annuity Fund (23–8115–0–7–602).
    United States Court of Federal Claims Judges’ Retirement Fund (10–8124–0–7–602).
    United States Secret Service, DC Annuity (70–0400–0–1–751).
    Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note).
    United States Victims of State Sponsored Terrorism Fund.
    Voluntary Separation Incentive Fund (97–8335–0–7–051).
    World Trade Center Health Program Fund (75–0946–0–1–551).
  • (2) Prior legal obligations of the Government in the following budget accounts and activities shall be exempt from any order issued under this subchapter:
    Biomass Energy Development (20–0114–0–1–271).
    Check Forgery Insurance Fund (20–4109–0–3–803).
    Credit liquidating accounts.
    Credit reestimates.
    Employees Life Insurance Fund (24–8424–0–8–602).
    Federal Aviation Insurance Revolving Fund (69–4120–0–3–402).
    Federal Crop Insurance Corporation Fund (12–4085–0–3–351).
    Federal Emergency Management Agency, National Flood Insurance Fund (58–4236–0–3–453).
    Geothermal resources development fund (89–0206–0–1–271).
    Low-Rent Public Housing—Loans and Other Expenses (86–4098–0–3–604).
    Maritime Administration, War Risk Insurance Revolving Fund (69–4302–0–3–403).
    Natural Resource Damage Assessment Fund (14–1618–0–1–302).
    United States International Development Finance Corporation.
    Pension Benefit Guaranty Corporation Fund (16–4204–0–3–601).
    San Joaquin Restoration Fund (14–5537–0–2–301).
    Servicemembers’ Group Life Insurance Fund (36–4009–0–3–701).
    Terrorism Insurance Program (20–0123–0–1–376).
  • (k) For purposes of subsections (b), (g), and (h), each account is identified by the designated budget account identification code number set forth in the Budget of the United States Government 2010–Appendix, and an activity within an account is designated by the name of the activity and the identification code number of the account.
  • (6) The Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this subchapter, for purposes of computing any adjustments to payment rates under such title XVIII [42 U.S.C. 1395 et seq.], specifically including—
    (A) the part C growth percentage under section 1853(c)(6) [42 U.S.C. 1395w–23(c)(6)];
    (B) the part D annual growth rate under section 1860D–2(b)(6) [42 U.S.C. 1395w–102(b)(6)]; and
    (C) application of risk corridors to part D payment rates under section 1860D–15(e) [42 U.S.C. 1395w–115(e)].
  • (1) The maximum permissible reduction in budget authority for any account listed in paragraph (2) for any fiscal year, pursuant to an order issued under section 904 of this title, shall be 2 percent.
  • (2) The accounts referred to in paragraph (1) are as follows:
    (A) Community health centers (75-0350-0-1-550).
    (B) Migrant health centers (75-0350-0-1-550).
    (C) Indian health facilities (75-0391-0-1-551).
    (D) Indian health services (75-0390-0-1-551).
    (E) Veterans’ medical care (36-0160-0-1-703).
    For purposes of the preceding provisions of this paragraph, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government—Appendix.
  • (f) Notwithstanding any change in the display of budget accounts, any order issued by the President under section 904 of this title shall accomplish the full amount of any required reduction in expenditures under sections 455 and 458 of the Social Security Act [42 U.S.C. 655, 658a] by reducing the Federal matching rate for State administrative costs under such program, as specified (for the fiscal year involved) in section 455(a) of such Act, to the extent necessary to reduce such expenditures by that amount.
  • (1) Notwithstanding any other provision of this title,1 administrative expenses incurred by the departments and agencies, including independent agencies, of the Federal Government in connection with any program, project, activity, or account shall be subject to reduction pursuant to an order issued under section 904 of this title, without regard to any exemption, exception, limitation, or special rule which is otherwise applicable with respect to such program, project, activity, or account under this subchapter.
  • (2) Notwithstanding any other provision of law, administrative expenses of any program, project, activity, or account which is self-supporting and does not receive appropriations shall be subject to reduction under a sequester order, unless specifically exempted in this subchapter.
  • (3) Payments made by the Federal Government to reimburse or match administrative costs incurred by a State or political subdivision under or in connection with any program, project, activity, or account shall not be considered administrative expenses of the Federal Government for purposes of this section, and shall be subject to reduction or sequestration under this subchapter to the extent (and only to the extent) that other payments made by the Federal Government under or in connection with that program, project, activity, or account are subject to such reduction or sequestration; except that Federal payments made to a State as reimbursement of administrative costs incurred by such State under or in connection with the unemployment compensation programs specified in subsection (h)(1)1 shall be subject to reduction or sequestration under this subchapter notwithstanding the exemption otherwise granted to such programs under that subsection.
  • (A) any amount paid as regular unemployment compensation by a State from its account in the Unemployment Trust Fund (established by section 904(a) of the Social Security Act [42 U.S.C. 1104(a)]),
  • (B) any advance made to a State from the Federal unemployment account (established by section 904(g) of such Act [42 U.S.C. 1104(g)]) under title XII of such Act [42 U.S.C. 1321 et seq.] and any advance appropriated to the Federal unemployment account pursuant to section 1203 of such Act [42 U.S.C. 1323],
  • (C) any payment made from the Federal Employees Compensation Account (as established under section 909 of such Act [42 U.S.C. 1109]) for the purpose of carrying out chapter 85 of title 5 and funds appropriated or transferred to or otherwise deposited in such Account, and
  • (D) any payment made from the Railroad Unemployment Insurance Account (established by section 10 of the Railroad Unemployment Insurance Act [45 U.S.C. 360]) for the purpose of carrying out the Railroad Unemployment Insurance Act [45 U.S.C. 351 et seq.], and funds appropriated or transferred to or otherwise deposited in such Account,
  • (3) Notwithstanding any other provision of this title,1 if an order under section 904 of this title is issued with respect to a fiscal year, any reduction under the order applicable to contracts described in paragraph (1) may provide for reductions in outlays for the account involved to occur in the fiscal year following the fiscal year to which the order applies.
  • (4) All reductions described in paragraph (2) which are required to be made in connection with an order issued under section 904 of this title with respect to a fiscal year shall be made so as to ensure that outlays for each program, project, activity, or account involved are reduced by a percentage rate that is uniform for all such programs, projects, activities, and accounts, and may not be made so as to achieve a percentage rate of reduction in any such item exceeding the rate specified in the order.
  • (1) Budgetary resources sequestered from any account shall be permanently cancelled, except as provided in paragraph (6).
  • (2) Except as otherwise provided, the same percentage sequestration shall apply to all programs, projects, and activities within a budget account (with programs, projects, and activities as delineated in the appropriation Act or accompanying report for the relevant fiscal year covering that account, or for accounts not included in appropriation Acts, as delineated in the most recently submitted President’s budget).
  • (3) Administrative regulations or similar actions implementing a sequestration shall be made within 120 days of the sequestration order. To the extent that formula allocations differ at different levels of budgetary resources within an account, program, project, or activity, the sequestration shall be interpreted as producing a lower total appropriation, with the remaining amount of the appropriation being obligated in a manner consistent with program allocation formulas in substantive law.
  • (4) Except as otherwise provided, obligations in sequestered accounts shall be reduced only in the fiscal year in which a sequester occurs.
  • (5) If an automatic spending increase is sequestered, the increase (in the applicable index) that was disregarded as a result of that sequestration shall not be taken into account in any subsequent fiscal year.
  • (6) Budgetary resources sequestered in revolving, trust, and special fund accounts and offsetting collections sequestered in appropriation accounts shall not be available for obligation during the fiscal year in which the sequestration occurs, but shall be available in subsequent years to the extent otherwise provided in law.
  • (1) Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year, adjusted sequentially and cumulatively for expiring housing contracts as specified in paragraph (2), for social insurance administrative expenses as specified in paragraph (3), to offset pay absorption and for pay annualization as specified in paragraph (4), for inflation as specified in paragraph (5), and to account for changes required by law in the level of agency payments for personnel benefits other than pay.
  • (3) Budgetary resources for the administrative expenses of the following trust funds shall be adjusted by the percentage change in the beneficiary population from the current year to that fiscal year: the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the railroad retirement account.
  • (6) If, for any account, a continuing appropriation is in effect for less than the entire current year, then the current-year amount shall be assumed to equal the amount that would be available if that continuing appropriation covered the entire fiscal year. If law permits the transfer of budget authority among budget accounts in the current year, the current-year level for an account shall reflect transfers accomplished by the submission of, or assumed for the current year in, the President’s original budget for the budget year.
  • (a) Subject to subsections (b), (c), and (d), new budget authority and unobligated balances for any programs, projects, or activities within major functional category 050 (other than a military personnel account) may be further reduced beyond the amount specified in an order issued by the President under section 904 of this title for such fiscal year. To the extent such additional reductions are made and result in additional outlay reductions, the President may provide for lesser reductions in new budget authority and unobligated balances for other programs, projects, or activities within major functional category 050 for such fiscal year, but only to the extent that the resulting outlay increases do not exceed the additional outlay reductions, and no such program, project, or activity may be increased above the level actually made available by law in appropriation Acts (before taking sequestration into account). In making calculations under this subsection, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB under section 904 of this title.
  • (1) the President submits a single report to Congress specifying, for each account, the detailed changes proposed to be made for such fiscal year pursuant to this section;
  • (B) does not sequester the amount of budgetary resources which is required to be sequestered by such subchapter (or sequesters more than that amount) with respect to any program, project, activity, or account,

Citations to §900(c)(12)

Citations to §900(c)(13)

Citations to §900(c)(14)

  • (1) 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 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.
  • (4) 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).
  • (3) The final reports shall contain all the information required in the pay-as-you-go and deficit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs.
  • (a) For any budget year, the baseline refers to a projection of current-year levels of new budget authority, outlays, revenues, and the surplus or deficit into the budget year and the outyears based on laws enacted through the applicable date.
  • (b) For the budget year and each outyear, the baseline shall be calculated using the following assumptions:
    (1) Laws providing or creating direct spending and receipts are assumed to operate in the manner specified in those laws for each such year and funding for entitlement authority is assumed to be adequate to make all payments required by those laws.
    (i) No program established by a law enacted on or before August 5, 1997, with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on Budget or OMB, as applicable. OMB, CBO, and the Budget Committees shall consult on the scoring of such programs where there are differences between CBO and OMB.
    (ii) On the expiration of the suspension of a provision of law that is suspended under section 7301 of title 7 and that authorizes a program with estimated fiscal year outlays that are greater than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate in the same manner as the program operated immediately before the expiration of the suspension.
    (B) The increase for veterans’ compensation for a fiscal year is assumed to be the same as that required by law for veterans’ pensions unless otherwise provided by law enacted in that session.
    (C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current rates.
    (D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that law shall be assumed to continue to operate under that law as in effect immediately before its expiration.
    (3) Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act.
  • (i) No program established by a law enacted on or before August 5, 1997, with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on Budget or OMB, as applicable. OMB, CBO, and the Budget Committees shall consult on the scoring of such programs where there are differences between CBO and OMB.
  • (D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that law shall be assumed to continue to operate under that law as in effect immediately before its expiration.
  • (c) For the budget year and each outyear, the baseline shall be calculated using the following assumptions regarding all amounts other than those covered by subsection (b):
    (1) Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year, adjusted sequentially and cumulatively for expiring housing contracts as specified in paragraph (2), for social insurance administrative expenses as specified in paragraph (3), to offset pay absorption and for pay annualization as specified in paragraph (4), for inflation as specified in paragraph (5), and to account for changes required by law in the level of agency payments for personnel benefits other than pay.
    (2) New budget authority to renew expiring multiyear subsidized housing contracts shall be adjusted to reflect the difference in the number of such contracts that are scheduled to expire in that fiscal year and the number expiring in the current year, with the per-contract renewal cost equal to the average current-year cost of renewal contracts.
    (3) Budgetary resources for the administrative expenses of the following trust funds shall be adjusted by the percentage change in the beneficiary population from the current year to that fiscal year: the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the railroad retirement account.
    (4) Current-year new budget authority for Federal employees shall be adjusted to reflect the full 12-month costs (without absorption) of any pay adjustment that occurred in that fiscal year.
    (5) The inflator used in paragraph (1) to adjust budgetary resources relating to personnel shall be the percent by which the average of the Bureau of Labor Statistics Employment Cost Index (wages and salaries, private industry workers) for that fiscal year differs from such index for the current year. The inflator used in paragraph (1) to adjust all other budgetary resources shall be the percent by which the average of the estimated gross domestic product chain-type price index for that fiscal year differs from the average of such estimated index for the current year.
    (6) If, for any account, a continuing appropriation is in effect for less than the entire current year, then the current-year amount shall be assumed to equal the amount that would be available if that continuing appropriation covered the entire fiscal year. If law permits the transfer of budget authority among budget accounts in the current year, the current-year level for an account shall reflect transfers accomplished by the submission of, or assumed for the current year in, the President’s original budget for the budget year.
  • (d) In deriving the baseline for any budget year or outyear, current-year amounts shall be calculated using the concepts and definitions that are required for that budget year.

Citations to §900(c)(15)

Citations to §900(c)(16)

  • (A) 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) 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 both the CBO and OMB estimates of the amount of discretionary new budget authority 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 the extent practicable, written communication to those committees that affords such committees the opportunity to comment before the issuance of the report.
  • (C) 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 Committees on the Budget of the House of Representatives and the Senate, CBO, and OMB.
  • (1) 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.
  • (A) the CBO estimate of that legislation;
  • (3) 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.
  • (5) 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.
  • (a) The timetable with respect to this subchapter for any budget year is as follows:
  • (b) 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.
  • (1) On the dates specified in subsection (a), OMB and CBO shall issue a preview report regarding discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates.
  • (4) 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) The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection.
  • (e) On the dates specified in subsection (a), 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. This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year.
  • (1) On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates.
  • (4) The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under section 902(b) of this title, any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable1 resources for any budget account to be reduced if such difference is greater than $5,000,000.
  • (g) 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, 10 days later CBO shall issue a report containing the information required in paragraph (f)(2). Fifteen days after enactment, OMB shall issue a report containing the information required in paragraphs (f)(2) and (f)(4). On the same day as the OMB report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance.
  • (2) the extent to which each report issued by OMB or CBO under this section complies with all of the requirements contained in this subchapter, either certifying that the report fully and accurately complies with such requirements or indicating the respects in which it does not.
  • (i) At any time, CBO shall notify the Congress if—
    (1) during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or
    (2) the most recent of the Department of Commerce’s advance preliminary or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than one percent.
  • (1) during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or
  • (i) No program established by a law enacted on or before August 5, 1997, with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on Budget or OMB, as applicable. OMB, CBO, and the Budget Committees shall consult on the scoring of such programs where there are differences between CBO and OMB.
  • (1) Whenever CBO issues a low-growth report under section 254(i) [2 U.S.C. 904(i)], the Majority Leader of the House of Representatives may, and the Majority Leader of the Senate shall, introduce a joint resolution (in the form set forth in paragraph (2)) declaring that the conditions specified in section 254(i) are met and suspending the relevant provisions of this title,1 titles III and VI1 of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq.], and section 1103 of title 31.

Citations to §900(c)(18)

  • (A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; 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).
  • (1) 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) 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).
  • (A) The following budget accounts and activities shall be exempt from reduction under any order issued under this subchapter:
    Activities resulting from private donations, bequests, or voluntary contributions to the Government.
    Activities financed by voluntary payments to the Government for goods or services to be provided for such payments.
    Administration of Territories, Northern Mariana Islands Covenant grants (14–0412–0–1–808).
    Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600).
    Black Lung Disability Trust Fund Refinancing (16–0329–0–1–601).
    Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 of Public Law 93–454 (1974), as amended [16 U.S.C. 838k] (89–4045–0–3–271).
    Claims, Judgments, and Relief Acts (20–1895–0–1–808).
    Compact of Free Association (14–0415–0–1–808).
    Compensation of the President (11–0209–01–1–802).
    Comptroller of the Currency, Assessment Funds (20–8413–0–8–373).
    Continuing Fund, Southeastern Power Administration (89–5653–0–2–271).
    Continuing Fund, Southwestern Power Administration (89–5649–0–2–271).
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund2
    Dual Benefits Payments Account (60–0111–0–1–601).
    Emergency Fund, Western Area Power Administration (89–5069–0–2–271).
    Exchange Stabilization Fund (20–4444–0–3–155).
    Farm Credit Administration Operating Expenses Fund (78–4131–0–3–351).
    Farm Credit System Insurance Corporation, Farm Credit Insurance Fund (78–4171–0–3–351).
    Federal Deposit Insurance Corporation, Deposit Insurance Fund (51–4596–0–4–373).
    Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51–4065–0–3–373).
    Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51–4458–0–3–373).
    Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51–4457–0–3–373).
    Federal Home Loan Mortgage Corporation (Freddie Mac).
    Federal Housing Finance Agency, Administrative Expenses (95–5532–0–2–371).
    Federal National Mortgage Corporation (Fannie Mae).
    Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20–1713–0–1–752).
    Federal Payment to the District of Columbia Pension Fund (20–1714–0–1–601).
    Federal Payments to the Railroad Retirement Accounts (60–0113–0–1–601).
    Federal Reserve Bank Reimbursement Fund (20–1884–0–1–803).
    Financial Agent Services (20–1802–0–1–803).
    Foreign Military Sales Trust Fund (11–8242–0–7–155).
    Hazardous Waste Management, Conservation Reserve Program (12–4336–0–3–999).
    Host Nation Support Fund for Relocation (97–8337–0–7–051).
    Internal Revenue Collections for Puerto Rico (20–5737–0–2–806).
    Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect.
    Medical Facilities Guarantee and Loan Fund (75–9931–0–3–551).
    National Credit Union Administration, Central Liquidity Facility (25–4470–0–3–373).
    National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25–4476–0–3–376).
    National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25–4473–0–3–371).
    National Credit Union Administration, Credit Union Share Insurance Fund (25–4468–0–3–373).
    National Credit Union Administration, Credit Union System Investment Program (25–4474–0–3–376).
    National Credit Union Administration, Operating fund (25–4056–0–3–373).
    National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee Program (25–4469–0–3–376).
    National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25–4475–0–3–376).
    Office of Thrift Supervision (20–4108–0–3–373).
    Panama Canal Commission Compensation Fund (16–5155–0–2–602).
    Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15–0100–0–1–153).
    Payment to Civil Service Retirement and Disability Fund (24–0200–0–1–805).
    Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97–0850–0–1–054).
    Payment to Judiciary Trust Funds (10–0941–0–1–752).
    Payment to Military Retirement Fund (97–0040–0–1–054).
    Payment to the Foreign Service Retirement and Disability Fund (19–0540–0–1–153).
    Payments to Copyright Owners (03–5175–0–2–376).
    Payments to Health Care Trust Funds (75–0580–0–1–571).
    Payment to Radiation Exposure Compensation Trust Fund (15–0333–0–1–054).
    Payments to Social Security Trust Funds (28–0404–0–1–651).
    Payments to the United States Territories, Fiscal Assistance (14–0418–0–1–806).
    Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.
    Payments to widows and heirs of deceased Members of Congress (00–0215–0–1–801).
    Postal Service Fund (18–4020–0–3–372).
    Public Wireless Supply Chain Innovation Fund.
    Radiation Exposure Compensation Trust Fund (15–8116–0–1–054).
    Reimbursement to Federal Reserve Banks (20–0562–0–1–803).
    Salaries of Article III judges.
    Soldiers and Airmen’s Home, payment of claims (84–8930–0–7–705).
    Tennessee Valley Authority Fund, except nonpower programs and activities (64–4110–0–3–999).
    Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14–5265–0–2–452), Tribal Trust Fund (14–8030–0–7–452), White Earth Settlement (14–2204–0–1–452), and Indian Water Rights and Habitat Acquisition (14–5505–0–2–303).
    United Mine Workers of America 1992 Benefit Plan (95–8260–0–7–551).
    United Mine Workers of America 1993 Benefit Plan (95–8535–0–7–551).
    United Mine Workers of America Combined Benefit Fund (95–8295–0–7–551).
    United States Enrichment Corporation Fund (95–4054–0–3–271).
    Universal Service Fund (27–5183–0–2–376).
    Vaccine Injury Compensation (75–0320–0–1–551).
    Vaccine Injury Compensation Program Trust Fund (20–8175–0–7–551).
  • (B) Federal Deposit Insurance Corporation.

Citations to §900(c)(20)

  • (A) If, for any fiscal year, appropriations for discretionary accounts are enacted that—
    (i) the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or
    (ii) the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates,
    the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable.
  • (i) the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or
  • (II) notwithstanding clause (iv), five percent of the total appropriations provided in the previous 10 years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress in statute as an emergency; and
  • (II) The term “wildfire suppression operations” means the emergency and unpredictable aspects of wildland firefighting, including—
    (aa) support, response, and emergency stabilization activities;
    (bb) other emergency management activities; and
    (cc) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.
  • (aa) support, response, and emergency stabilization activities;
  • (bb) other emergency management activities; and
  • (B) emergency provisions as designated under subsection (e).
  • (e) 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). This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance.
  • (2) the amounts for that year designated as emergency direct spending or receipts legislation under section 902(e) of this title; and
  • (A) The following budget accounts and activities shall be exempt from reduction under any order issued under this subchapter:
    Activities resulting from private donations, bequests, or voluntary contributions to the Government.
    Activities financed by voluntary payments to the Government for goods or services to be provided for such payments.
    Administration of Territories, Northern Mariana Islands Covenant grants (14–0412–0–1–808).
    Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600).
    Black Lung Disability Trust Fund Refinancing (16–0329–0–1–601).
    Bonneville Power Administration Fund and borrowing authority established pursuant to section 13 of Public Law 93–454 (1974), as amended [16 U.S.C. 838k] (89–4045–0–3–271).
    Claims, Judgments, and Relief Acts (20–1895–0–1–808).
    Compact of Free Association (14–0415–0–1–808).
    Compensation of the President (11–0209–01–1–802).
    Comptroller of the Currency, Assessment Funds (20–8413–0–8–373).
    Continuing Fund, Southeastern Power Administration (89–5653–0–2–271).
    Continuing Fund, Southwestern Power Administration (89–5649–0–2–271).
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund.
    Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund2
    Dual Benefits Payments Account (60–0111–0–1–601).
    Emergency Fund, Western Area Power Administration (89–5069–0–2–271).
    Exchange Stabilization Fund (20–4444–0–3–155).
    Farm Credit Administration Operating Expenses Fund (78–4131–0–3–351).
    Farm Credit System Insurance Corporation, Farm Credit Insurance Fund (78–4171–0–3–351).
    Federal Deposit Insurance Corporation, Deposit Insurance Fund (51–4596–0–4–373).
    Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51–4065–0–3–373).
    Federal Deposit Insurance Corporation, Noninterest Bearing Transaction Account Guarantee (51–4458–0–3–373).
    Federal Deposit Insurance Corporation, Senior Unsecured Debt Guarantee (51–4457–0–3–373).
    Federal Home Loan Mortgage Corporation (Freddie Mac).
    Federal Housing Finance Agency, Administrative Expenses (95–5532–0–2–371).
    Federal National Mortgage Corporation (Fannie Mae).
    Federal Payment to the District of Columbia Judicial Retirement and Survivors Annuity Fund (20–1713–0–1–752).
    Federal Payment to the District of Columbia Pension Fund (20–1714–0–1–601).
    Federal Payments to the Railroad Retirement Accounts (60–0113–0–1–601).
    Federal Reserve Bank Reimbursement Fund (20–1884–0–1–803).
    Financial Agent Services (20–1802–0–1–803).
    Foreign Military Sales Trust Fund (11–8242–0–7–155).
    Hazardous Waste Management, Conservation Reserve Program (12–4336–0–3–999).
    Host Nation Support Fund for Relocation (97–8337–0–7–051).
    Internal Revenue Collections for Puerto Rico (20–5737–0–2–806).
    Intragovernmental funds, including those from which the outlays are derived primarily from resources paid in from other government accounts, except to the extent such funds are augmented by direct appropriations for the fiscal year during which an order is in effect.
    Medical Facilities Guarantee and Loan Fund (75–9931–0–3–551).
    National Credit Union Administration, Central Liquidity Facility (25–4470–0–3–373).
    National Credit Union Administration, Corporate Credit Union Share Guarantee Program (25–4476–0–3–376).
    National Credit Union Administration, Credit Union Homeowners Affordability Relief Program (25–4473–0–3–371).
    National Credit Union Administration, Credit Union Share Insurance Fund (25–4468–0–3–373).
    National Credit Union Administration, Credit Union System Investment Program (25–4474–0–3–376).
    National Credit Union Administration, Operating fund (25–4056–0–3–373).
    National Credit Union Administration, Share Insurance Fund Corporate Debt Guarantee Program (25–4469–0–3–376).
    National Credit Union Administration, U.S. Central Federal Credit Union Capital Program (25–4475–0–3–376).
    Office of Thrift Supervision (20–4108–0–3–373).
    Panama Canal Commission Compensation Fund (16–5155–0–2–602).
    Payment of Vietnam and USS Pueblo prisoner-of-war claims within the Salaries and Expenses, Foreign Claims Settlement account (15–0100–0–1–153).
    Payment to Civil Service Retirement and Disability Fund (24–0200–0–1–805).
    Payment to Department of Defense Medicare-Eligible Retiree Health Care Fund (97–0850–0–1–054).
    Payment to Judiciary Trust Funds (10–0941–0–1–752).
    Payment to Military Retirement Fund (97–0040–0–1–054).
    Payment to the Foreign Service Retirement and Disability Fund (19–0540–0–1–153).
    Payments to Copyright Owners (03–5175–0–2–376).
    Payments to Health Care Trust Funds (75–0580–0–1–571).
    Payment to Radiation Exposure Compensation Trust Fund (15–0333–0–1–054).
    Payments to Social Security Trust Funds (28–0404–0–1–651).
    Payments to the United States Territories, Fiscal Assistance (14–0418–0–1–806).
    Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds.
    Payments to widows and heirs of deceased Members of Congress (00–0215–0–1–801).
    Postal Service Fund (18–4020–0–3–372).
    Public Wireless Supply Chain Innovation Fund.
    Radiation Exposure Compensation Trust Fund (15–8116–0–1–054).
    Reimbursement to Federal Reserve Banks (20–0562–0–1–803).
    Salaries of Article III judges.
    Soldiers and Airmen’s Home, payment of claims (84–8930–0–7–705).
    Tennessee Valley Authority Fund, except nonpower programs and activities (64–4110–0–3–999).
    Tribal and Indian trust accounts within the Department of the Interior which fund prior legal obligations of the Government or which are established pursuant to Acts of Congress regarding Federal management of tribal real property or other fiduciary responsibilities, including but not limited to Tribal Special Fund (14–5265–0–2–452), Tribal Trust Fund (14–8030–0–7–452), White Earth Settlement (14–2204–0–1–452), and Indian Water Rights and Habitat Acquisition (14–5505–0–2–303).
    United Mine Workers of America 1992 Benefit Plan (95–8260–0–7–551).
    United Mine Workers of America 1993 Benefit Plan (95–8535–0–7–551).
    United Mine Workers of America Combined Benefit Fund (95–8295–0–7–551).
    United States Enrichment Corporation Fund (95–4054–0–3–271).
    Universal Service Fund (27–5183–0–2–376).
    Vaccine Injury Compensation (75–0320–0–1–551).
    Vaccine Injury Compensation Program Trust Fund (20–8175–0–7–551).
  • (2) Prior legal obligations of the Government in the following budget accounts and activities shall be exempt from any order issued under this subchapter:
    Biomass Energy Development (20–0114–0–1–271).
    Check Forgery Insurance Fund (20–4109–0–3–803).
    Credit liquidating accounts.
    Credit reestimates.
    Employees Life Insurance Fund (24–8424–0–8–602).
    Federal Aviation Insurance Revolving Fund (69–4120–0–3–402).
    Federal Crop Insurance Corporation Fund (12–4085–0–3–351).
    Federal Emergency Management Agency, National Flood Insurance Fund (58–4236–0–3–453).
    Geothermal resources development fund (89–0206–0–1–271).
    Low-Rent Public Housing—Loans and Other Expenses (86–4098–0–3–604).
    Maritime Administration, War Risk Insurance Revolving Fund (69–4302–0–3–403).
    Natural Resource Damage Assessment Fund (14–1618–0–1–302).
    United States International Development Finance Corporation.
    Pension Benefit Guaranty Corporation Fund (16–4204–0–3–601).
    San Joaquin Restoration Fund (14–5537–0–2–301).
    Servicemembers’ Group Life Insurance Fund (36–4009–0–3–701).
    Terrorism Insurance Program (20–0123–0–1–376).
  • (A) The matter after the resolving clause in any joint resolution introduced pursuant to paragraph (1) shall be as follows: “That the Congress declares that the conditions specified in section 254(j)1 of the Balanced Budget and Emergency Deficit Control Act of 1985 are met, and the implementation of the Congressional Budget and Impoundment Control Act of 1974, chapter 11 of title 31, United States Code, and part C of the Balanced Budget and Emergency Deficit Control Act of 1985 are modified as described in section 258(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.”
  • (B) The title of the joint resolution shall be “Joint resolution suspending certain provisions of law pursuant to section 258(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985.”; and the joint resolution shall not contain any preamble.
  • (2) The title of the joint resolution shall be “Joint resolution approving the report of the President submitted under section 258B of the Balanced Budget and Emergency Deficit Control Act of 1985.”