CHAPTER 20 - EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

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Sections (21)

§ 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: 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 . The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. 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. The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B). The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). The term “discretionary category” includes all discretionary appropriations. The term “revised security category” means discretionary appropriations in budget function 050. The term “revised nonsecurity category” means discretionary appropriations other than in budget function 050. 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 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. 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. The term “budgetary resources” means new budget authority, unobligated balances, direct spending authority, and obligation limitations. The term “discretionary appropriations” means budgetary resources (except to fund direct-spending programs) provided in appropriation Acts. The term “direct spending” means— budget authority provided by law other than appropriation Acts; entitlement authority; and the Supplemental Nutrition Assistance Program. 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. 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. 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. 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. The term “current year” means, with respect to a budget year, the fiscal year that immediately precedes that budget year. The term “outyear” means a fiscal year one or more years after the budget year. The term “OMB” means the Director of the Office of Management and Budget. The term “CBO” means the Director of the Congressional Budget Office. 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. The term “deposit insurance” refers to the expenses of 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. 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. The term “emergency” means a situation that— requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and is unanticipated. The term “unanticipated” means that the underlying situation is— sudden, which means quickly coming into being or not building up over time; urgent, which means a pressing and compelling need requiring immediate action; unforeseen, which means not predicted or anticipated as an emerging need; and temporary, which means not of a permanent duration.

“SEC. 401 ESTABLISHMENT OF JOINT SELECT COMMITTEE.

(“(a) Definitions.— In this title: The term ‘joint committee’ means the Joint Select Committee on Deficit Reduction established under subsection (b)(1). The term ‘joint committee bill’ means a bill consisting of the proposed legislative language of the joint committee recommended under subsection (b)(3)(B) and introduced under section 402(a).

(“(b) Establishment of Joint Select Committee.— There is established a joint select committee of Congress to be known as the ‘Joint Select Committee on Deficit Reduction’. The goal of the joint committee shall be to reduce the deficit by at least $1,500,000,000,000 over the period of fiscal years 2012 to 2021. The joint committee shall provide recommendations and legislative language that will significantly improve the short-term and long-term fiscal imbalance of the Federal Government. Not later than October 14, 2011 , each committee of the House of Representatives and the Senate may transmit to the joint committee its recommendations for changes in law to reduce the deficit consistent with the goal described in paragraph (2) for the joint committee’s consideration. Not later than November 23, 2011 , the joint committee shall vote on— a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee and the estimate of the Congressional Budget Office required by paragraph (5)(D)(ii); and proposed legislative language to carry out such recommendations as described in subclause (I), which shall include a statement of the deficit reduction achieved by the legislation over the period of fiscal years 2012 to 2021. Any change to the Rules of the House of Representatives or the Standing Rules of the Senate included in the report or legislative language shall be considered to be merely advisory. The report of the joint committee and the proposed legislative language described in clause (i) shall require the approval of a majority of the members of the joint committee. A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 3 calendar days in which to file such views in writing with the staff director of the joint committee. Such views shall then be included in the joint committee report and printed in the same volume, or part thereof, and their inclusion shall be noted on the cover of the report. In the absence of timely notice, the joint committee report may be printed and transmitted immediately without such views. If the report and legislative language are approved by the joint committee pursuant to clause (ii), then not later than December 2, 2011 , the joint committee shall submit the joint committee report and legislative language described in clause (i) to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority Leaders of each House of Congress. Upon the approval or disapproval of the joint committee report and legislative language pursuant to clause (ii), the joint committee shall promptly make the full report and legislative language, and a record of the vote, available to the public. The joint committee shall be composed of 12 members appointed pursuant to subparagraph (B). Members of the joint committee shall be appointed as follows: The majority leader of the Senate shall appoint three members from among Members of the Senate. The minority leader of the Senate shall appoint three members from among Members of the Senate. The Speaker of the House of Representatives shall appoint three members from among Members of the House of Representatives. The minority leader of the House of Representatives shall appoint three members from among Members of the House of Representatives. There shall be two Co-Chairs of the joint committee. The majority leader of the Senate shall appoint one Co-Chair from among the members of the joint committee. The Speaker of the House of Representatives shall appoint the second Co-Chair from among the members of the joint committee. The Co-Chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act [ Aug. 2, 2011 ]. The Co-Chairs, acting jointly, shall hire the staff director of the joint committee. Members of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this Act. Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the joint committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the joint committee and a vacancy shall exist. To enable the joint committee to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the joint committee approved by the co-chairs, subject to the rules and regulations of the Senate. In carrying out its functions, the joint committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11[(d)] of Public Law 79–304 ( 15 U.S.C. 1024(d) ). Seven members of the joint committee shall constitute a quorum for purposes of voting, meeting, and holding hearings. No proxy voting shall be allowed on behalf of the members of the joint committee. The Congressional Budget Office shall provide estimates of the legislation (as described in paragraph (3)(B)) in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 639(a) and 601(f)) (including estimates of the effect of interest payment on the debt). In addition, the Congressional Budget Office shall provide information on the budgetary effect of the legislation beyond the year 2021. The joint committee may not vote on any version of the report, recommendations, or legislative language unless such estimates are available for consideration by all members of the joint committee at least 48 hours prior to the vote as certified by the Co-Chairs. Not later than 45 calendar days after the date of enactment of this Act [ Aug. 2, 2011 ], the joint committee shall hold its first meeting. The Co-Chairs of the joint committee shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting. The joint committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable. The Co-Chairs of the joint committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the Co-Chairs determine that there is good cause to begin such hearing at an earlier date. A witness appearing before the joint committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the Co-Chairs, following their determination that there is good cause for failure to comply with such requirement. Upon written request of the Co-Chairs, a Federal agency shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties.

(“(c) Staff of Joint Committee.— The Co-Chairs of the joint committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate. Members on the joint committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the joint committee and staff of the joint committee shall comply with the ethics rules of the Senate.

(“(d) Termination.— The joint committee shall terminate on January 31, 2012 .

“SEC. 402 EXPEDITED CONSIDERATION OF JOINT COMMITTEE RECOMMENDATIONS.

(“(a) Introduction.— If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House.

(“(b) Consideration in the House of Representatives.— Any committee of the House of Representatives to which the joint committee bill is referred shall report it to the House without amendment not later than December 9, 2011 . If a committee fails to report the joint committee bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House or after the House has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint committee bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. After the last committee authorized to consider a joint committee bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the joint committee bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the joint committee bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The joint committee bill shall be considered as read. All points of order against the joint committee bill and against its consideration are waived. The previous question shall be considered as ordered on the joint committee bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint committee bill. A motion to reconsider the vote on passage of the joint committee bill shall not be in order. The vote on passage of the joint committee bill shall occur not later than December 23, 2011 .

(“(c) Expedited Procedure in the Senate.— A joint committee bill introduced in the Senate under subsection (a) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than December 9, 2011 . If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a joint committee bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the joint committee bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the joint committee bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the joint committee bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint committee bill is agreed to, the joint committee bill shall remain the unfinished business until disposed of. All points of order against the joint committee bill and against consideration of the joint committee bill are waived. Consideration of the joint committee bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the Majority and Minority Leaders or their designees. A motion further to limit debate on the joint committee bill is in order, shall require an affirmative vote of three-fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the joint committee bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration. An amendment to the joint committee bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint committee bill, is not in order. If the Senate has voted to proceed to the joint committee bill, the vote on passage of the joint committee bill shall occur immediately following the conclusion of the debate on a joint committee bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of the joint committee bill shall occur not later than December 23, 2011 . Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint committee bill shall be decided without debate.

(“(d) Amendment.— The joint committee bill shall not be subject to amendment in either the House of Representatives or the Senate.

(“(e) Consideration by the Other House.— If, before passing the joint committee bill, one House receives from the other a joint committee bill— the joint committee bill of the other House shall not be referred to a committee; and the procedure in the receiving House shall be the same as if no joint committee bill had been received from the other House until the vote on passage, when the joint committee bill received from the other House shall supplant the joint committee bill of the receiving House. This subsection shall not apply to the House of Representatives if the joint committee bill received from the Senate is a revenue measure.

(“(f) Rules to Coordinate Action With Other House.— If the Senate fails to introduce or consider a joint committee bill under this section, the joint committee bill of the House shall be entitled to expedited floor procedures under this section. If following passage of the joint committee bill in the Senate, the Senate then receives the joint committee bill from the House of Representatives, the House-passed joint committee bill shall not be debatable. The vote on passage of the joint committee bill in the Senate shall be considered to be the vote on passage of the joint committee bill received from the House of Representatives. If the President vetoes the joint committee bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.

(“(g) Loss of Privilege.— The provisions of this section shall cease to apply to the joint committee bill if— the joint committee fails to vote on the report or proposed legislative language required under section 401(b)(3)(B)(i) not later than November 23, 2011 ; or the joint committee bill does not pass both Houses not later than December 23, 2011 .

“SEC. 403 FUNDING.

“Funding for the joint committee shall be derived in equal portions from— the applicable accounts of the House of Representatives; and the contingent fund of the Senate from the appropriations account ‘Miscellaneous Items’, subject to the rules and regulations of the Senate.

“SEC. 404 RULEMAKING.

“The provisions of this title are enacted by Congress— 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 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.”

§ 901 Enforcing discretionary spending limits

(a) Enforcement Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category. 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. 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. 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— the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation for that account. 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. 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). 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. 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. 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. 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.

(b) Adjustments to discretionary spending limits 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. When OMB submits a sequestration report under section 904(e), (f), or (g) of this title for a fiscal year, OMB shall calculate, and the sequestration report and subsequent budgets submitted by the President under section 1105(a) of title 31 shall include 1 adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year, as follows: If, for any fiscal year, appropriations for discretionary accounts are enacted that— the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or 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. If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act [ 42 U.S.C. 401 et seq., 1381 et seq.], for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustments for that fiscal year shall be the additional new budget authority provided in that Act for such expenses for that fiscal year, but shall not exceed— for fiscal year 2012, $623,000,000inadditionalnewbudgetauthority;forfiscalyear2013,$751,000,000 in additional new budget authority; for fiscal year 2014, $924,000,000inadditionalnewbudgetauthority;forfiscalyear2015,$1,123,000,000 in additional new budget authority; for fiscal year 2016, $1,166,000,000inadditionalnewbudgetauthority;forfiscalyear2017,$1,546,000,000 in additional new budget authority; for fiscal year 2018, $1,462,000,000inadditionalnewbudgetauthority;forfiscalyear2019,$1,410,000,000 in additional new budget authority; for fiscal year 2020, $1,309,000,000inadditionalnewbudgetauthority;forfiscalyear2021,$1,302,000,000 in additional new budget authority; for fiscal year 2024, $1,578,000,000inadditionalnewbudgetauthority;andforfiscalyear2025,$1,630,000,000 in additional new budget authority. As used in this subparagraph— the term “continuing disability reviews” means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act [ 42 U.S.C. 421(i) , 1382c(a)(4)], including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity; the term “redetermination” means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act [ 42 U.S.C. 1382(c)(1) , 1382c(a)(3)(H)]; and the term “additional new budget authority” means the amount provided for a fiscal year, in excess of $273,000,000,inanappropriationActandspecifiedtopayforthecostsofcontinuingdisabilityreviews,redeterminations,co-operativedisabilityinvestigationunits,andfraudprosecutionsundertheheading“LimitationonAdministrativeExpenses”fortheSocialSecurityAdministration.IfabillorjointresolutionmakingappropriationsforafiscalyearisenactedthatspecifiesanamountforthehealthcarefraudabusecontrolprogramattheDepartmentofHealthandHumanServices(75–8393–0–7–571),thentheadjustmentsforthatfiscalyearshallbetheamountofadditionalnewbudgetauthorityprovidedinthatActforsuchprogramforthatfiscalyear,butshallnotexceed—forfiscalyear2012,$270,000,000 in additional new budget authority; for fiscal year 2013, $299,000,000inadditionalnewbudgetauthority;forfiscalyear2014,$329,000,000 in additional new budget authority; for fiscal year 2015, $361,000,000inadditionalnewbudgetauthority;forfiscalyear2016,$395,000,000 in additional new budget authority; for fiscal year 2017, $414,000,000inadditionalnewbudgetauthority;forfiscalyear2018,$434,000,000 in additional new budget authority; for fiscal year 2019, $454,000,000inadditionalnewbudgetauthority;forfiscalyear2020,$475,000,000 in additional new budget authority; for fiscal year 2021, $496,000,000inadditionalnewbudgetauthority;forfiscalyear2024,$604,000,000 in additional new budget authority; and for fiscal year 2025, $630,000,000inadditionalnewbudgetauthority.Asusedinthissubparagraph,theterm“additionalnewbudgetauthority”meanstheamountprovidedforafiscalyear,inexcessof$311,000,000, in an appropriation Act and specified to pay for the costs of the health care fraud and abuse control program. 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— 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 ); 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 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. OMB shall report to the Committees on Appropriations and Budget in each House the average calculated pursuant to clause (i)(II), not later than 30 days after March 23, 2018 . For the purposes of this subparagraph, the term “disaster relief” means activities carried out pursuant to a determination under section 5122(2) of title 42 . Appropriations considered disaster relief under this subparagraph in a fiscal year shall not be eligible for adjustments under subparagraph (A) for the fiscal year. If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for grants to States under section 306 of the Social Security Act [ 42 U.S.C. 506 ], then the adjustment for that fiscal year shall be the additional new budget authority provided in that Act for such grants for that fiscal year, but shall not exceed— for fiscal year 2018, $0;forfiscalyear2019,$33,000,000; for fiscal year 2020, $58,000,000;forfiscalyear2021,$83,000,000; for fiscal year 2024, $265,000,000inadditionalnewbudgetauthority;andforfiscalyear2025,$271,000,000 in additional new budget authority. As used in this subparagraph, the term “additional new budget authority” means the amount provided for a fiscal year, in excess of $117,000,000,inanappropriationActandspecifiedtopayforgrantstoStatesundersection306oftheSocialSecurityAct[42U.S.C.506].If,forfiscalyears2020through2027,abillorjointresolutionmakingappropriationsforafiscalyearisenactedthatprovidesanamountforwildfiresuppressionoperationsintheWildlandFireManagementaccountsattheDepartmentofAgricultureortheDepartmentoftheInterior,thentheadjustmentsforthatfiscalyearshallbetheamountofadditionalnewbudgetauthorityprovidedinthatActforwildfiresuppressionoperationsforthatfiscalyear,butshallnotexceed—forfiscalyear2020,$2,250,000,000; for fiscal year 2021, $2,350,000,000;forfiscalyear2022,$2,450,000,000; for fiscal year 2023, $2,550,000,000;forfiscalyear2024,$2,650,000,000; for fiscal year 2025, $2,750,000,000;forfiscalyear2026,$2,850,000,000; and for fiscal year 2027, $2,950,000,000.Inthissubparagraph:Theterm“additionalnewbudgetauthority”meanstheamountprovidedforafiscalyearinanappropriationActthatisinexcessoftheaveragecostsforwildfiresuppressionoperationsasreportedinthebudgetofthePresidentsubmittedundersection1105(a)oftitle31forfiscalyear2015andarespecifiedtopayforthecostsofwildfiresuppressionoperationsinanamountnottoexceedtheamountspecifiedforthatfiscalyearinclause(i).Theterm“wildfiresuppressionoperations”meanstheemergencyandunpredictableaspectsofwildlandfirefighting,including—support,response,andemergencystabilizationactivities;otheremergencymanagementactivities;andthefundsnecessarytorepayanytransfersneededforthecostsofwildfiresuppressionoperations.If,forfiscalyear2020,appropriationsforthePeriodicCensusesandProgramsaccountoftheBureauoftheCensusoftheDepartmentofCommerceareenactedthattheCongressdesignatesinstatuteasbeingforthe2020Census,thentheadjustmentforthatfiscalyearshallbethetotalofsuchappropriationsforthatfiscalyeardesignatedasbeingforthe2020Census,butshallnotexceed$2,500,000,000.

(c) Discretionary spending limit As used in this subchapter, the term “discretionary spending limit” means— for fiscal year 2014— for the revised security category, $520,464,000,000innewbudgetauthority;andfortherevisednonsecuritycategory,$491,773,000,000 in new budget authority; for fiscal year 2015— for the revised security category, $521,272,000,000innewbudgetauthority;andfortherevisednonsecuritycategory,$492,356,000,000 in new budget authority; for fiscal year 2016— for the revised security category, $548,091,000,000innewbudgetauthority;andfortherevisednonsecuritycategory$518,491,000,000 in new budget authority; for fiscal year 2017— for the revised security category, $551,068,000,000innewbudgetauthority;andfortherevisednonsecuritycategory,$518,531,000,000 in new budget authority; for fiscal year 2018— for the revised security category, $629,000,000,000innewbudgetauthority;andfortherevisednonsecuritycategory$579,000,000,000 in new budget authority; for fiscal year 2019— for the revised security category, $647,000,000,000innewbudgetauthority;andfortherevisednonsecuritycategory,$597,000,000,000 in new budget authority; for fiscal year 2020— for the revised security category, $666,500,000,000innewbudgetauthority;andfortherevisednonsecuritycategory,$621,500,000,000 in new budget authority; for fiscal year 2021— for the revised security category, $671,500,000,000innewbudgetauthority;andfortherevisednonsecuritycategory,$626,500,000,000 in new budget authority; for fiscal year 2024— for the revised security category, $886,349,000,000innewbudgetauthority;andfortherevisednonsecuritycategory;2$703,651,000,000 in new budget authority; and for fiscal year 2025— for the revised security category, $895,212,000,000innewbudgetauthority;andfortherevisednonsecuritycategory;2$710,688,000,000 in new budget authority; as adjusted in strict conformance with subsection (b).

(d) Revised discretionary spending limits for fiscal year 2024 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: 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. For the revised non-security 3 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. If the conditions specified in paragraph (1) are met during fiscal year 2024, the final sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order pursuant to section 904(f)(5) of this title shall be issued on the earlier of— 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 April 30, 2024 . If, after January 1, 2024 , there are enacted into law each of the full year discretionary appropriation Acts, then the adjustment to the applicable discretionary spending limits in paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised security category and revised nonsecurity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year.

(e) Revised discretionary spending limits for fiscal year 2025 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: for the revised security category, the amount calculated for such category in section 4 (d)(1)(A); and for the revised non-security 3 category, the amount calculated for each category in section 4 (d)(1)(B). If the conditions specified in paragraph (1) are met during fiscal year 2025, the final sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order pursuant to section 904(f)(5) of this title shall be issued on the earlier of— 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 April 30, 2025 . If, after January 1, 2025 , there are enacted into law each of the full year discretionary appropriation Acts, then the adjustment to the applicable discretionary spending limits in paragraph (1) shall have no force or effect, and the discretionary spending limits for the revised security category and revised nonsecurity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year.

§ 901a Enforcement of budget goal

Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows: OMB shall calculate the amount of the deficit reduction required by this section for each of fiscal years 2013 through 2021 by— starting with $1,200,000,000,000;subtractingtheamountofdeficitreductionachievedbytheenactmentofajointcommitteebill,asprovidedinsection401(b)(3)(B)(i)(II)oftheBudgetControlActof2011;reducingthedifferenceby18percenttoaccountfordebtservice;dividingtheresultby9;andforfiscalyear2013,reducingtheamountcalculatedundersubparagraphs(A)through(D)by$24,000,000,000. 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). OMB shall calculate the reductions to discretionary appropriations and direct spending for each of fiscal years 2013 through 2021 for defense function spending as follows: OMB shall calculate the reduction to discretionary appropriations by— taking the total reduction for the defense function allocated for that year under paragraph (2); multiplying by the discretionary spending limit for the revised security category for that year; and dividing by the sum of the discretionary spending limit for the security category and OMB’s baseline estimate of nonexempt outlays for direct spending programs within the defense function for that year. OMB shall calculate the reduction to direct spending by taking the total reduction for the defense function required for that year under paragraph (2) and subtracting the discretionary reduction calculated pursuant to subparagraph (A). OMB shall calculate the reduction to discretionary appropriations and to direct spending for each of fiscal years 2013 through 2021 for programs in nondefense functions as follows: OMB shall calculate the reduction to discretionary appropriations by— taking the total reduction for nondefense functions allocated for that year under paragraph (2); multiplying by the discretionary spending limit for the revised nonsecurity category for that year; and dividing by the sum of the discretionary spending limit for the revised nonsecurity category and OMB’s baseline estimate of nonexempt outlays for direct spending programs in nondefense functions for that year. OMB shall calculate the reduction to direct spending programs by taking the total reduction for nondefense functions required for that year under paragraph (2) and subtracting the discretionary reduction calculated pursuant to subparagraph (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— for the revised security category, an amount equal to the defense function discretionary reduction calculated pursuant to paragraph (3); and for the revised nonsecurity category, an amount equal to the nondefense function discretionary reduction calculated pursuant to paragraph (4). Except as provided by paragraphs (10), (11), (12), and (13), on the date of the submission of its sequestration preview report for fiscal years 2014 through 2021 pursuant to section 904(c) of this title for each of fiscal years 2014 through 2021, OMB shall reduce the discretionary spending limit— for the revised security category by the amount of the defense function discretionary reduction calculated pursuant to paragraph (3); and for the revised nonsecurity category by the amount of the nondefense function discretionary reduction calculated pursuant to paragraph (4). On the date specified in paragraph (2) during each applicable year, OMB shall prepare and the President shall order a sequestration, effective upon issuance, of nonexempt direct spending to achieve the direct spending reduction calculated pursuant to paragraphs (3) and (4). When implementing the sequestration of direct spending pursuant to this paragraph, OMB shall follow the procedures specified in section 935 of this title , the exemptions specified in section 905 of this title , and the special rules specified in section 906 of this title , except that the percentage reduction for the Medicare programs specified in section 906(d) of this title shall not be more than 2 percent for a fiscal year. On the date on which the President submits the budget under section 1105 of title 31 for each of fiscal years 2022 through 2031, the President shall order a sequestration, effective upon issuance such that— the percentage reduction for nonexempt direct spending for the defense function is the same percent as the percentage reduction for nonexempt direct spending for the defense function for fiscal year 2021 calculated under paragraph (3)(B); and the percentage reduction for nonexempt direct spending for nondefense functions is the same percent as the percentage reduction for nonexempt direct spending for nondefense functions for fiscal year 2021 calculated under paragraph (4)(B). Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 906(d) of this title , the sequestration order of the President under such subparagraph for fiscal year 2022 shall be applied to such payments so that with respect to the period beginning on April 1, 2022 , and ending on June 30, 2022 , the payment reduction shall be 1.0 percent. On the date on which the President submits the budget under section 1105 of title 31 for fiscal year 2032, the President shall order a sequestration of payments for the Medicare programs specified in section 906(d) of this title , effective upon issuance, such that, notwithstanding the 2 percent limit specified in subparagraph (A) for such payments— with respect to the first 11 months in which such order is effective for such fiscal year, the payment reduction shall be 2.0 percent; and with respect to the last 1 month in which such order is effective for such fiscal year, the payment reduction shall be 0 percent. The sequestration order issued by the President under subparagraph (D) shall also include, effective upon issuance, that— the percentage reduction for nonexempt direct spending for the defense function is 4.0 percent; and except as provided in subparagraph (D), the percentage reduction for nonexempt direct spending for nondefense functions is 2.8 percent. If the percentage reduction for the Medicare programs would exceed 2 percent for a fiscal year in the absence of paragraph (6), OMB shall increase the reduction for all other discretionary appropriations and direct spending under paragraph (4) by a uniform percentage to a level sufficient to achieve the reduction required by paragraph (4) in the non-defense function. Any reductions imposed under this section shall be implemented in accordance with section 906(k) of this title . 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 title 1 and actions taken under it. OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2014 and 2015 by the Bipartisan Budget Act of 2013. Paragraph (5)(B) shall not be implemented for fiscal years 2014 and 2015. OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2016 and 2017 by the Bipartisan Budget Act of 2015. Paragraph (5)(B) shall not be implemented for fiscal years 2016 and 2017. OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2018 and 2019 by the Bipartisan Budget Act of 2018. Paragraph (5)(B) shall not be implemented for fiscal years 2018 and 2019. OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 901(c) of this title revising the discretionary spending limits for fiscal years 2020 and 2021 by the Bipartisan Budget Act of 2019. Paragraph (5)(B) shall not be implemented for fiscal years 2020 and 2021. ( Pub. L. 99–177, title II, § 251A , as added Pub. L. 112–25, title III, § 302(a) , Aug. 2, 2011 , 125 Stat. 256 ; amended Pub. L. 112–240, title IX, § 901(a) , (c), Jan. 2, 2013 , 126 Stat. 2370 ; Pub. L. 113–67, div. A, title I, § 101(b) , (c), (d)(2), div. B, title II, § 1205, Dec. 26, 2013 , 127 Stat. 1167 , 1168, 1200; Pub. L. 113–82, § 1 , Feb. 15, 2014 , 128 Stat. 1009 ; Pub. L. 113–93, title II, § 222 , Apr. 1, 2014 , 128 Stat. 1077 ; Pub. L. 114–74, title I, § 101(b) , (c), Nov. 2, 2015 , 129 Stat. 586 ; Pub. L. 115–123, div. C, title I, § 30101(b) , (c), Feb. 9, 2018 , 132 Stat. 123 ; Pub. L. 116–37, title I, § 101(d) , title IV, § 402, Aug. 2, 2019 , 133 Stat. 1050 , 1058; Pub. L. 116–136, div. A, title III, § 3709(b) , Mar. 27, 2020 , 134 Stat. 422 ; Pub. L. 117–7, § 1(b) , Apr. 14, 2021 , 135 Stat. 251 ; Pub. L. 117–58, div. I, § 90001 , Nov. 15, 2021 , 135 Stat. 1341 ; Pub. L. 117–71, § 2(b) , Dec. 10, 2021 , 135 Stat. 1506 ; Pub. L. 117–328, div. FF, title IV, § 4163 , Dec. 29, 2022 , 136 Stat. 5931 ; Pub. L. 118–31, div. A, title XVIII, § 1852 , Dec. 22, 2023 , 137 Stat. 709 ; Pub. L. 118–42, div. G, title III, § 303 , Mar. 9, 2024 , 138 Stat. 452 ; Pub. L. 118–47, div. G, title I, § 109 , Mar. 23, 2024 , 138 Stat. 857 ; Pub. L. 119–4, div. B, title II, § 2211 , Mar. 15, 2025 , 139 Stat. 44 ; Pub. L. 119–37, div. F, title II, § 6213 , Nov. 12, 2025 , 139 Stat. 634 .)

§ 902 Enforcing pay-as-you-go

(a) Purpose The purpose of this section is to assure that any legislation enacted before October 1, 2002 , affecting direct spending or receipts that increases the deficit will trigger an offsetting sequestration.

(b) Sequestration Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 901 or 903 of this title, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending and receipts legislation enacted before October 1, 2002 , as calculated under paragraph (2). OMB shall calculate the amount of deficit increase or decrease by adding— all OMB estimates for the budget year of direct spending and receipts legislation transmitted under subsection (d); the estimated amount of savings in direct spending programs applicable to the budget year resulting from the prior year’s sequestration under this section or section 903 of this title , if any, as published in OMB’s final sequestration report for that prior year; and any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending and receipts legislation transmitted under subsection (d) that were not reflected in the final OMB sequestration report for the current year.

(c) Eliminating a deficit increase 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: All reductions in automatic spending increases specified in section 906(a) 1 of this title shall be made. 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. 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. 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. For purposes of this subsection, accounts shall be assumed to be at the level in the baseline.

(d) Estimates As soon as practicable after Congress completes action on any direct spending or receipts legislation, CBO shall provide an estimate to OMB of that legislation. Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending or receipts legislation, OMB shall transmit a report to the House of Representatives and to the Senate containing— the CBO estimate of that legislation; an OMB estimate of that legislation using current economic and technical assumptions; and an explanation of any difference between the 2 estimates. 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. 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— full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and emergency provisions as designated under subsection (e). OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall— determine common scorekeeping guidelines; and in conformance with such guidelines, prepare estimates under this section.

(e) Emergency legislation If a provision of direct spending or receipts legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d). This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance.

§ 903 Enforcing deficit targets

(a) Sequestration Within 15 calendar days after Congress adjourns to end a session (other than of the One Hundred First Congress) and on the same day as a sequestration (if any) under section 901 of this title and section 902 of this title , but after any sequestration required by section 901 of this title (enforcing discretionary spending limits) or section 902 of this title (enforcing pay-as-you-go), there shall be a sequestration to eliminate the excess deficit (if any remains) if it exceeds the margin.

(b) Excess deficit; margin The excess deficit is, if greater than zero, the estimated deficit for the budget year, minus— the maximum deficit amount for that year; the amounts for that year designated as emergency direct spending or receipts legislation under section 902(e) of this title ; and 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). The “margin” for fiscal year 1992 or 1993 is zero and for fiscal year 1994 or 1995 is $15,000,000,000.

(c) Dividing sequestration To eliminate the excess deficit in a budget year, half of the required outlay reductions shall be obtained from non-exempt defense accounts (accounts designated as function 050 in the President’s fiscal year 1991 budget submission) and half from non-exempt, non-defense accounts (all other non-exempt accounts).

(d) Defense Each non-exempt defense account shall be reduced by a dollar amount calculated by multiplying the level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (c), except that, if any military personnel are exempt, adjustments shall be made under the procedure set forth in section 901(a)(3) of this title .

(e) Non-defense Actions to reduce non-defense accounts shall be taken in the following order: All reductions in automatic spending increases under section 906(a) 1 of this title shall be made. 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. 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— 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 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. For purposes of determining reductions under subparagraph (A), outlay reduction (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration.

(f) Baseline assumptions; part-year appropriations 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. 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— the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation; except that the amount to be sequestered from that account shall be reduced (but not below zero) by the savings achieved by that appropriation when the enacted amount is less than the baseline for that account.

(g) Adjustments to maximum deficit amounts When the President submits the budget for fiscal year 1992, the maximum deficit amounts for fiscal years 1992, 1993, 1994, and 1995 shall be adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. When the President submits the budget for fiscal year 1993, the maximum deficit amounts for fiscal years 1993, 1994, and 1995 shall be further adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. When submitting the budget for fiscal year 1994, the President may choose to adjust the maximum deficit amounts for fiscal years 1994 and 1995 to reflect up-to-date reestimates of economic and technical assumptions. If the President chooses to adjust the maximum deficit amount when submitting the fiscal year 1994 budget, the President may choose to invoke the same adjustment procedure when submitting the budget for fiscal year 1995. In each case, the President must choose between making no adjustment or the full adjustment described in paragraph (2). If the President chooses to make that full adjustment, then those procedures for adjusting discretionary spending limits described in sections 901(b)(1)(C) 1 and 901(b)(2)(E) 1 of this title, otherwise applicable through fiscal year 1993 or 1994 (as the case may be), shall be deemed to apply for fiscal year 1994 (and 1995 if applicable). When the budget for fiscal year 1994 or 1995 is submitted and the sequestration reports for those years under section 904 of this title are made (as applicable), if the President does not choose to make the adjustments set forth in subparagraph (B), the maximum deficit amount for that fiscal year shall be adjusted by the amount of the adjustment to discretionary spending limits first applicable for that year (if any) under section 901(b) of this title . For each fiscal year the adjustments required to be made with the submission of the President’s budget for that year shall also be made when OMB submits the sequestration update report and the final sequestration report for that year, but OMB shall continue to use the economic and technical assumptions in the President’s budget for that year. Each adjustment shall be made by increasing or decreasing the maximum deficit amounts set forth in section 665 1 of this title. The required increase or decrease shall be calculated as follows: The baseline deficit or surplus shall be calculated using up-to-date economic and technical assumptions, using up-to-date concepts and definitions, and, in lieu of the baseline levels of discretionary appropriations, using the discretionary spending limits set forth in section 665 1 of this title as adjusted under section 901 of this title . 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— the estimates of direct spending and receipts legislation transmitted under section 902(d) of this title applicable to each such fiscal year; and 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. The amount calculated under subparagraph (B) shall be subtracted from the amount calculated under subparagraph (A). The maximum deficit amount set forth in section 665 1 of this title shall be subtracted from the amount calculated under subparagraph (C). The amount calculated under subparagraph (D) shall be the amount of the adjustment required by paragraph (1).

(h) Treatment of deposit insurance 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. 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).

§ 904 Reports and orders

(a) Timetable The timetable with respect to this subchapter for any budget year is as follows: Date: Action to be completed: January 21 Notification regarding optional adjustment of maximum deficit amount. 5 days before the President’s budget submission CBO sequestration preview report. The President’s budget submission OMB sequestration preview report. August 10 Notification regarding military personnel. August 15 CBO sequestration update report. August 20 OMB sequestration update report. 10 days after end of session CBO final sequestration report. 15 days after end of session OMB final sequestration report; Presidential order.

(b) Submission and availability of reports Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register.

(c) Sequestration preview reports 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. The preview reports shall set forth estimates for the current year and each subsequent year through 2025 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title . The preview reports shall set forth, for the current year and the budget year, estimates for each of the following: The amount of net deficit increase or decrease, if any, calculated under section 902(b) of this title . A list identifying each law enacted and sequestration implemented after November 5, 1990 , included in the calculation of the amount of deficit increase or decrease and specifying the budgetary effect of each such law. The sequestration percentage or (if the required sequestration percentage is greater than the maximum allowable percentage for medicare) percentages necessary to eliminate a deficit increase under section 902(c) of this title . The preview reports shall set forth for the budget year estimates for each of the following: The maximum deficit amount, the estimated deficit calculated under section 903(b) of this title , the excess deficit, and the margin. 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. The sequestration percentage necessary to achieve the required reduction in defense accounts under section 903(d) of this title . The reductions required under sections 903(e)(1) and 903(e)(2) of this title. 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 . The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection.

(d) Notification regarding military personnel On or before the date specified in subsection (a), the President shall notify the Congress of the manner in which he intends to exercise flexibility with respect to military personnel accounts under section 905(f) of this title .

(e) Sequestration update reports On the dates specified in subsection (a), 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.

(f) Final sequestration reports On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates. The final reports shall set forth estimates for each of the following: For the current year and each subsequent year through 2025 the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title , including a final estimate of the adjustment for disaster funding. For the current year and the budget year the estimated new budget authority and outlays for each category and the breach, if any, in each category. For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction. 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 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. 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 sequesterable 1 resources for any budget account to be reduced if such difference is greater than $5,000,000. On the date specified in subsection (a), if in its final sequestration report OMB estimates that any sequestration is required, 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.

(g) Within-session sequestration reports and order 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.

(h) GAO compliance report Upon request of the Committee on the Budget of the House of Representatives or the Senate, the Comptroller General shall submit to the Congress and the President a report on— the extent to which each order issued by the President under this section complies with all of the requirements contained in this subchapter, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not; and 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) Low-growth report At any time, CBO shall notify the Congress if— 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 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.

(j) Economic and technical assumptions In all reports required by this section, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31 .

§ 905 Exempt programs and activities

(a) Social security benefits and tier I railroad retirement benefits Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq.), and benefits payable under sections 231b and 231c 1 of title 45, shall be exempt from reduction under any order issued under this subchapter.

(b) Veterans programs The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701).

(c) Net interest No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter.

(d) Refundable income tax credits and certain elective payments Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter. Payments made to taxpayers pursuant to elections under subsection (d) of section 48D of title 26 , or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter.

(e) Non-defense unobligated balances Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense category, shall be exempt from reduction under any order issued under this subchapter.

(f) Optional exemption of military personnel 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. The President may not use the authority provided by paragraph (1) unless the President notifies the Congress of the manner in which such authority will be exercised on or before the date specified in section 904(a) of this title for the budget year.

(g) Other programs and activities 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 Fund 2 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). 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). 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).

(h) Low-income programs The following programs shall be exempt from reduction under any order issued under this subchapter: Academic Competitiveness/Smart Grant Program (91–0205–0–1–502). Child Care Entitlement to States (75–1550–0–1–609). Child Enrollment Contingency Fund (75–5551–0–2–551). Child Nutrition Programs (with the exception of special milk programs) (12–3539–0–1–605). Children’s Health Insurance Fund (75–0515–0–1–551). Commodity Supplemental Food Program (12–3507–0–1–605). Contingency Fund (75–1522–0–1–609). Family Support Programs (75–1501–0–1–609). Federal Pell Grants under section 1070a of title 20 . Grants to States for Medicaid (75–0512–0–1–551). Payments for Foster Care and Permanency (75–1545–0–1–609). Supplemental Nutrition Assistance Program (12–3505–0–1–605). Supplemental Security Income Program (28–0406–0–1–609). Temporary Assistance for Needy Families (75–1552–0–1–609).

(i) Economic recovery programs The following programs shall be exempt from reduction under any order issued under this subchapter: GSE Preferred Stock Purchase Agreements (20–0125–0–1–371). Office of Financial Stability (20–0128–0–1–376). Special Inspector General for the Troubled Asset Relief Program (20–0133–0–1–376).

(j) Split treatment programs Each of the following programs shall be exempt from any order under this subchapter to the extent that the budgetary resources of such programs are subject to obligation limitations in appropriations bills: Federal-Aid Highways (69–8083–0–7–401). Highway Traffic Safety Grants (69–8020–0–7–401). Operations and Research NHTSA and National Driver Register (69–8016–0–7–401). Motor Carrier Safety Operations and Programs (69–8159–0–7–401). Motor Carrier Safety Grants (69–8158–0–7–401). Formula and Bus Grants (69–8350–0–7–401). Grants-In-Aid for Airports (69–8106–0–7–402).

(k) Identification of programs 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.

§ 906 General and special sequestration rules

(a) Repealed. Pub. L. 111–139, title I, § 10(a), Feb. 12, 2010, 124 Stat. 21

(b) Student loans For all student loans under part B or D of title IV of the Higher Education Act of 1965 [ 20 U.S.C. 1071 et seq., 1087a et seq.] made during the period when a sequestration order under section 904 of this title is in effect as required by section 902 or 903 of this title, origination fees under sections 438(c)(2) and (6) and 455(c) [ 20 U.S.C. 1087–1(c)(2) , (6), 1087e(c)] and loan processing and issuance fees under section 428(f)(1)(A)(ii) of that Act [ 20 U.S.C. 1078(f)(1)(A)(ii) ] shall each be increased by the uniform percentage specified in that sequestration order, and, for student loans originated during the period of the sequestration, special allowance payments under section 438(b) of that Act [ 20 U.S.C. 1087–1(b) ] accruing during the period of the sequestration shall be reduced by the uniform percentage specified in that sequestration order.

(c) Repealed. Pub. L. 111–139, title I, § 10(c), Feb. 12, 2010, 124 Stat. 22

(d) Special rules for Medicare program To achieve the total percentage reduction in those programs required by section 902 or 903 of this title, subject to paragraph (2), and notwithstanding section 710 of the Social Security Act [ 42 U.S.C. 911 ], OMB shall determine, and the applicable Presidential order under section 904 of this title shall implement, the percentage reduction that shall apply, with respect to the health insurance programs under title XVIII of the Social Security Act [ 42 U.S.C. 1395 et seq.]— in the case of parts A and B of such title [ 42 U.S.C. 1395c et seq., 1395j et seq.], to individual payments for services furnished during the one-year period beginning on the first day of the first month beginning after the date the order is issued (or, if later, the date specified in paragraph (4)); and in the case of parts C and D [ 42 U.S.C. 1395w–21 et seq., 1395w–101 et seq.], to monthly payments under contracts under such parts for the same one-year period; such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that period. Reductions in payments for programs and activities under such title XVIII [ 42 U.S.C. 1395 et seq.] pursuant to a sequestration order under section 904 of this title shall be at a uniform rate, which shall not exceed 4 percent, across all such programs and activities subject to such order. Except as provided in subparagraph (B), if a reduction is made under paragraph (1) in payment amounts pursuant to a sequestration order, the reduction shall be applied to payment for services furnished during the effective period of the order. For purposes of the previous sentence, in the case of inpatient services furnished for an individual, the services shall be considered to be furnished on the date of the individual’s discharge from the inpatient facility. In the case in which payment for services of a provider of services is made under title XVIII of the Social Security Act [ 42 U.S.C. 1395 et seq.] on a basis relating to the reasonable cost incurred for the services during a cost reporting period of the provider, if a reduction is made under paragraph (1) in payment amounts pursuant to a sequestration order, the reduction shall be applied to payment for costs for such services incurred at any time during each cost reporting period of the provider any part of which occurs during the effective period of the order, but only (for each such cost reporting period) in the same proportion as the fraction of the cost reporting period that occurs during the effective period of the order. A sequestration order required by section 902 or 903 of this title with respect to programs under such title XVIII [ 42 U.S.C. 1395 et seq.] shall not take effect until the first month beginning after the end of the effective period of any prior sequestration order with respect to such programs, as determined in accordance with paragraph (1). If a reduction in payment amounts is made under paragraph (1) for services for which payment under part B of title XVIII of the Social Security Act [ 42 U.S.C. 1395j et seq.] is made on the basis of an assignment described in section 1842(b)(3)(B)(ii) [ 42 U.S.C. 1395u(b)(3)(B)(ii) ], in accordance with section 1842(b)(6)(B) [ 42 U.S.C. 1395u(b)(6)(B) ], or under the procedure described in section 1870(f)(1) [ 42 U.S.C. 1395gg(f)(1) ], of such Act, the person furnishing the services shall be considered to have accepted payment of the reasonable charge for the services, less any reduction in payment amount made pursuant to a sequestration order, as payment in full. 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— the part C growth percentage under section 1853(c)(6) [ 42 U.S.C. 1395w–23(c)(6) ]; the part D annual growth rate under section 1860D–2(b)(6) [ 42 U.S.C. 1395w–102(b)(6) ]; and application of risk corridors to part D payment rates under section 1860D–15(e) [ 42 U.S.C. 1395w–115(e) ]. In addition to the programs and activities specified in section 905 of this title , the following shall be exempt from sequestration under this subchapter: Premium and cost-sharing subsidies under section 1860D–14 of the Social Security Act [ 42 U.S.C. 1395w–114 ]. Payments under section 1860D–15(b) and (e)(2)(B) of the Social Security Act [ 42 U.S.C. 1395w–115(b) , (e)(2)(B)]. Payments to States for coverage of Medicare cost-sharing for certain low-income Medicare beneficiaries under section 1933 of the Social Security Act [ 42 U.S.C. 1396u–3 ].

(e) Community and migrant health centers, Indian health services and facilities, and veterans’ medical care 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. The accounts referred to in paragraph (1) are as follows: Community health centers (75-0350-0-1-550). Migrant health centers (75-0350-0-1-550). Indian health facilities (75-0391-0-1-551). Indian health services (75-0390-0-1-551). 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) Treatment of child support enforcement program 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.

(g) Federal pay For purposes of any order issued under section 904 of this title — Federal pay under a statutory pay system, and elements of military pay, shall be subject to reduction under an order in the same manner as other administrative expense components of the Federal budget; except that no such order may reduce or have the effect of reducing the rate of pay to which any individual is entitled under any such statutory pay system (as increased by any amount payable under section 5304 of title 5 or section 302 of the Federal Employees Pay Comparability Act of 1990) or the rate of any element of military pay to which any individual is entitled under title 37, or any increase in rates of pay which is scheduled to take effect under section 5303 of title 5 , section 1009 of title 37 , or any other provision of law. For purposes of this subsection: The term “statutory pay system” shall have the meaning given that term in section 5302(1) of title 5 . The term “elements of military pay” means— the elements of compensation of members of the uniformed services specified in section 1009 of title 37 , allowances provided members of the uniformed services under sections 403b and 405 of such title, and cadet pay and midshipman pay under section 203(c) of such title. The term “uniformed services” shall have the meaning given that term in section 101(3) of title 37 .

(h) Treatment of Federal administrative expenses 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. 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. 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. Notwithstanding any other provision of law, this subsection shall not apply with respect to the following: Comptroller of the Currency. Federal Deposit Insurance Corporation. National Credit Union Administration. National Credit Union Administration, central liquidity facility. Federal Retirement Thrift Investment Board. Farm Credit Administration. Cost of War Toxic Exposures Fund.

(i) Treatment of payments and advances made with respect to unemployment compensation programs For purposes of section 904 of this title — 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) ]), 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 ], 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 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, shall not be subject to reduction. A State may reduce each weekly bene­fit payment made under the Federal-State Extended Unemployment Compensation Act of 1970 for any week of unemployment occurring during any period with respect to which payments are reduced under an order issued under section 904 of this title by a percentage not to exceed the percentage by which the Federal payment to the State under section 204 of such Act is to be reduced for such week as a result of such order. A reduction by a State in accordance with subparagraph (A) shall not be considered as a failure to fulfill the requirements of section 3304(a)(11) of title 26 .

(j) Commodity Credit Corporation This title 1 shall not restrict the Commodity Credit Corporation in the discharge of its authority and responsibility as a corporation to buy and sell commodities in world trade, to use the proceeds as a revolving fund to meet other obligations and otherwise operate as a corporation, the purpose for which it was created. Loan eligibility under any contract entered into with a person by the Commodity Credit Corporation prior to the time an order has been issued under section 904 of this title shall not be reduced by an order subsequently issued. Subject to subparagraph (B), after an order is issued under such section for a fiscal year, any cash payments for loans or loan deficiencies made by the Commodity Credit Corporation shall be subject to reduction under the order. Each loan contract entered into with producers or producer cooperatives with respect to a particular crop of a commodity and subject to reduction under subparagraph (A) shall be reduced in accordance with the same terms and conditions. If some, but not all, contracts applicable to a crop of a commodity have been entered into prior to the issuance of an order under section 904 of this title , the order shall provide that the necessary reduction in payments under contracts applicable to the commodity be uniformly applied to all contracts for the next succeeding crop of the commodity, under the authority provided in paragraph (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. 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. Notwithstanding any other provision of this subsection, as the sole means of achieving any reduction in outlays under the milk price support program, the Secretary of Agriculture shall provide for a reduction to be made in the price received by producers for all milk produced in the United States and marketed by producers for commercial use. That price reduction (measured in cents per hundred weight of milk marketed) shall occur under section 1446(d)(2)(A) of title 7 , shall begin on the day any sequestration order is issued under section 904 of this title , and shall not exceed the aggregate amount of the reduction in outlays under the milk price support program that otherwise would have been achieved by reducing payments for the purchase of milk or the products of milk under this subsection during the applicable fiscal year. Nothing in this joint resolution shall limit or reduce, in any way, any appropriation that provides the Commodity Credit Corporation with budget authority to cover the Corporation’s net realized losses.

(k) Effects of sequestration The effects of sequestration shall be as follows: Budgetary resources sequestered from any account shall be permanently cancelled, except as provided in paragraph (6). 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). 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. Except as otherwise provided, obligations in sequestered accounts shall be reduced only in the fiscal year in which a sequester occurs. 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. 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.

§ 907 The baseline

(a) In general 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) Direct spending and receipts For the budget year and each outyear, the baseline shall be calculated using the following assumptions: 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. No program established by a law enacted on or before August 5, 1997 , with estimated current year outlays greater than $50,000,000shallbeassumedtoexpireinthebudgetyearortheoutyears.Thescoringofnewprogramswithestimatedoutlaysgreaterthan$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. 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,forpurposesofclause(i),theprogramshallbeassumedtocontinuetooperateinthesamemannerastheprogramoperatedimmediatelybeforetheexpirationofthesuspension.Theincreaseforveterans’compensationforafiscalyearisassumedtobethesameasthatrequiredbylawforveterans’pensionsunlessotherwiseprovidedbylawenactedinthatsession.Excisetaxesdedicatedtoatrustfund,ifexpiring,areassumedtobeextendedatcurrentrates.Ifanylawexpiresbeforethebudgetyearoranyoutyear,thenanyprogramwithestimatedcurrentyearoutlaysgreaterthan$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. 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.

(c) Discretionary appropriations 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): 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. 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. 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. 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. 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. 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) Up-to-date concepts 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.

(e) Asset sales Amounts realized from the sale of an asset shall not be included in estimates under section 901, 902, or 903 of this title if that sale would result in a financial cost to the Federal Government as determined pursuant to scorekeeping guidelines.

§ 907a Suspension in event of war or low growth

(a) Procedures in event of low-growth report 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 VI 1 of the Congressional Budget Act of 1974 [ 2 U.S.C. 631 et seq.], and section 1103 of title 31 . 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.” 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. Each joint resolution introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives or the Committee on the Budget of the Senate, as the case may be; and such Committee shall report the joint resolution to its House without amendment on or before the fifth day on which such House is in session after the date on which the joint resolution is introduced. If the Committee fails to report the joint resolution within the five-day period referred to in the preceding sentence, it shall be automatically discharged from further consideration of the joint resolution, and the joint resolution shall be placed on the appropriate calendar. A vote on final passage of a joint resolution reported to the Senate or discharged pursuant to paragraph (3) shall be taken on or before the close of the fifth calendar day of session after the date on which the joint resolution is reported or after the Committee has been discharged from further consideration of the joint resolution. If prior to the passage by one House of a joint resolution of that House, that House receives the same joint resolution from the other House, then— the procedure in that House shall be the same as if no such joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. When the joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a House joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a Senate joint resolution agreed to in the Senate) shall cause the joint resolution to be engrossed, certified, and transmitted to the other House of the Congress as soon as practicable. In the Senate, a joint resolution under this paragraph shall be privileged. It shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. Debate in the Senate on a joint resolution under this paragraph, and all debatable motions and appeals in connection therewith, shall be limited to not more than five hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this paragraph shall be limited to not more than one hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. A motion in the Senate to further limit debate on a joint resolution under this paragraph is not debatable. A motion to table or to recommit a joint resolution under this paragraph is not in order. No amendment to a joint resolution considered under this paragraph shall be in order in the Senate.

(b) Suspension of sequestration procedures Upon the enactment of a declaration of war or a joint resolution described in subsection (a)— the subsequent issuance of any sequestration report or any sequestration order is precluded; sections 302(f), 310(d), 311(a), and title VI 1 of the Congressional Budget Act of 1974 [ 2 U.S.C. 633(f) , 641(d), 642(a)] are suspended; and section 1103 of title 31 is suspended.

(c) Restoration of sequestration procedures In the event of a suspension of sequestration procedures due to a declaration of war, then, effective with the first fiscal year that begins in the session after the state of war is concluded by Senate ratification of the necessary treaties, the provisions of subsection (b) triggered by that declaration of war are no longer effective. In the event of a suspension of sequestration procedures due to the enactment of a joint resolution described in subsection (a), then, effective with regard to the first fiscal year beginning at least 12 months after the enactment of that resolution, the provisions of subsection (b) triggered by that resolution are no longer effective.

§ 907b Modification of Presidential order

(a) Introduction of joint resolution At any time after the Director of OMB issues a final sequestration report under section 904 of this title for a fiscal year, but before the close of the twentieth calendar day of the session of Congress beginning after the date of issuance of such report, the majority leader of either House of Congress may introduce a joint resolution which contains provisions directing the President to modify the most recent order issued under section 904 of this title or provide an alternative to reduce the deficit for such fiscal year. After the introduction of the first such joint resolution in either House of Congress in any calendar year, then no other joint resolution introduced in such House in such calendar year shall be subject to the procedures set forth in this section.

(b) Procedures for consideration of joint resolutions A joint resolution introduced in the Senate under subsection (a) shall not be referred to a committee of the Senate and shall be placed on the calendar pending disposition of such joint resolution in accordance with this subsection. On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is introduced under subsection (a), notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution (to which the motion applies) is introduced. The joint resolution is privileged in the Senate. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of. In the Senate, debate on a joint resolution introduced under subsection (a), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees). A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order, and a motion to recommit the joint resolution is not in order. No amendment that is not germane to the provisions of the joint resolution or to the order issued under section 904 of this title shall be in order in the Senate. In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader’s designee) shall control the time in opposition to the amendment, motion, or appeal. In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent. Immediately following the conclusion of the debate on a joint resolution introduced under subsection (a), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under paragraph (3), the vote on final passage of the joint resolution shall occur. Appeals from the decisions of the Chair shall be decided without debate. In the Senate, points of order under titles III, IV, and VI 1 of the Congressional Budget Act of 1974 [ 2 U.S.C. 631 et seq., 651 et seq.] are applicable to a conference report on the joint resolution or any amendments in disagreement thereto. If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (a), the Senate receives from the House of Representatives a joint resolution introduced under subsection (a), then the following procedures shall apply: The joint resolution of the House of Representatives shall not be referred to a committee and shall be placed on the calendar. With respect to a joint resolution introduced under subsection (a) in the Senate— the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution. Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate. If the Senate receives from the House of Representatives a joint resolution introduced under subsection (a) after the Senate has disposed of a Senate originated resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.

§ 907c Flexibility among defense programs, projects, and activities

(a) Reductions beyond amount specified in Presidential order 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 .

(b) Base closures prohibited No actions taken by the President under subsection (a) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10 .

(c) Report and joint resolution required The President may not exercise the authority provided by this paragraph 1 for a fiscal year unless— 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; that report is submitted within 5 calendar days of the start of the next session of Congress; and a joint resolution affirming or modifying the changes proposed by the President pursuant to this paragraph 1 becomes law.

(d) Introduction of joint resolution Within 5 calendar days of session after the President submits a report to Congress under subsection (c)(1) for a fiscal year, the majority leader of each House of Congress shall (by request) introduce a joint resolution which contains provisions affirming the changes proposed by the President pursuant to this paragraph. 1

(e) Form and title of joint resolution The matter after the resolving clause in any joint resolution introduced pursuant to subsection (d) shall be as follows: “That the report of the President as submitted on [Insert Date] under section 258B is hereby approved.” 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.” Such joint resolution shall not contain any preamble.

(f) Calendaring and consideration of joint resolution in Senate A joint resolution introduced in the Senate under subsection (d) shall be referred to the Committee on Appropriations, and if not reported within 5 calendar days (excluding Saturdays, Sundays, and legal holidays) from the date of introduction shall be considered as having been discharged therefrom and shall be placed on the appropriate calendar pending disposition of such joint resolution in accordance with this subsection. In the Senate, no amendment proposed in the Committee on Appropriations shall be in order other than an amendment (in the nature of a substitute) that is germane or relevant to the provisions of the joint resolution or to the order issued under section 904 of this title . For purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense). On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is placed on the Senate calendar, notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after such joint resolution is placed on the appropriate calendar. The motion is not debatable. The joint resolution is privileged in the Senate. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of.

(g) Debate of joint resolution; motions In the Senate, debate on a joint resolution introduced under subsection (d), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees). A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. In the Senate, a motion to recommit the joint resolution is not in order.

(h) Amendment of joint resolution No amendment that is not germane or relevant to the provisions of the joint resolution or to the order issued under section 904 of this title shall be in order in the Senate. For purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense). In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader’s designee) shall control the time in opposition to the amendment, motion, or appeal. In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended, so long as the amendment makes or maintains mathematical consistency. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent. It shall not be in order in the Senate to consider any amendment to any joint resolution introduced under subsection (d) or any conference report thereon if such amendment or conference report would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided in such joint resolution unless such amendment or conference report makes a reduction in other specific budget outlays at least equivalent to any increase in outlays provided by such amendment or conference report. For purposes of the application of paragraph (3), the level of outlays and specific budget outlay reductions provided in an amendment shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.

(i) Vote on final passage of joint resolution Immediately following the conclusion of the debate on a joint resolution introduced under subsection (d), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under subsection (h), the vote on final passage of the joint resolution shall occur.

(j) Appeal from decision of Chair Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (d) shall be decided without debate.

(k) Conference reports In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 [ 2 U.S.C. 631 et seq., 651 et seq.] (including points of order under sections 302(c), 303(a), 306, and 401(b)(1) [ 2 U.S.C. 633(c) , 634(a), 637, 651(b)(1)]) are applicable to a conference report on the joint resolution or any amendments in disagreement thereto.

(l) Resolution from other House If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (d), the Senate receives from the House of Representatives a joint resolution introduced under subsection (d), then the following procedures shall apply: The joint resolution of the House of Representatives shall not be referred to a committee. With respect to a joint resolution introduced under subsection (d) in the Senate— the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution. Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the joint resolution originated in the Senate.

(m) Senate action on House resolution If the Senate receives from the House of Representatives a joint resolution introduced under subsection (d) after the Senate has disposed of a Senate originated joint resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.

§ 907d Special reconciliation process

(a) Reporting of resolutions and reconciliation bills and resolutions, in Senate After the submission of an OMB sequestration update report under section 904 of this title that envisions a sequestration under section 902 or 903 of this title, each standing committee of the Senate may, not later than October 10, submit to the Committee on the Budget of the Senate information of the type described in section 632(d) of this title with respect to alternatives to the order envisioned by such report insofar as such order affects laws within the jurisdiction of the committee. After the submission of such a report, the Committee on the Budget of the Senate may, not later than October 15, report to the Senate a resolution. The resolution may affirm the impact of the order envisioned by such report, in whole or in part. To the extent that any part is not affirmed, the resolution shall state which parts are not affirmed and shall contain instructions to committees of the Senate of the type referred to in section 641(a) of this title , sufficient to achieve at least the total level of deficit reduction contained in those sections which are not affirmed. Committees instructed pursuant to paragraph (2), or affected thereby, shall submit their responses to the Budget Committee no later than 10 days after the resolution referred to in paragraph (2) is agreed to, except that if only one such Committee is so instructed such Committee shall, by the same date, report to the Senate a reconciliation bill or reconciliation resolution containing its recommendations in response to such instructions. A committee shall be considered to have complied with all instructions to it pursuant to a resolution adopted under paragraph (2) if it has made recommendations with respect to matters within its jurisdiction which would result in a reduction in the deficit at least equal to the total reduction directed by such instructions. Upon receipt of the recommendations received in response to a resolution referred to in paragraph (2), the Budget Committee shall report to the Senate a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revisions. In the event that a committee instructed in a resolution referred to in paragraph (2) fails to submit any recommendation (or, when only one committee is instructed, fails to report a reconciliation bill or resolution) in response to such instructions, the Budget Committee shall include in the reconciliation bill or reconciliation resolution reported pursuant to this subparagraph legislative language within the jurisdiction of the noncomplying committee to achieve the amount of deficit reduction directed in such instructions. 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— the enactment of such bill or resolution as reported; the adoption and enactment of such amendment; or 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. In the Senate, an amendment which adds to a resolution reported under paragraph (2) an instruction of the type referred to in such paragraph shall be in order during the consideration of such resolution if such amendment would be in order but for the fact that it would be held to be non-germane on the basis that the instruction constitutes new matter. For purposes of paragraphs (1), (2), and (3), the term “day” shall mean any calendar day on which the Senate is in session.

(b) Procedures Except as provided in paragraph (2), in the Senate the provisions of sections 636 and 641 of this title for the consideration of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration of resolutions, and reconciliation bills and reconciliation resolutions reported under this paragraph and conference reports thereon. Debate in the Senate on any resolution reported pursuant to subsection (a)(2), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to 10 hours. Section 641(d)(2) of this title shall apply to reconciliation bills and reconciliation resolutions reported under this subsection. Any bill or resolution received in the Senate from the House, which is a companion to a reconciliation bill or reconciliation resolution of the Senate for the purposes of this subsection, shall be considered in the Senate pursuant to the provisions of this subsection. For purposes of this subsection, the term “resolution” means a simple, joint, or concurrent resolution.

§ 908 Repealed. Pub. L. 105–33, title X, § 10210, Aug. 5, 1997, 111 Stat. 711

§ 909 Repealed. Pub. L. 101–508, title XIII, § 13212, Nov. 5, 1990, 104 Stat. 1388–621

§ 921 Transferred

§ 922 Judicial review

(a) Expedited review Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that any order that might be issued pursuant to section 904 of this title violates the Constitution. Any Member of Congress, or any other person adversely affected by any action taken under this title, 1 may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief concerning the constitutionality of this title. 1 Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory and injunctive relief on the ground that the terms of an order issued under section 904 of this title do not comply with the requirements of this title. 1 A copy of any complaint in an action brought under paragraph (1), (2), or (3) shall be promptly delivered to the Secretary of the Senate and the Clerk of the House of Representatives, and each House of Congress shall have the right to intervene in such action. Any action brought under paragraph (1), (2), or (3) shall be heard and determined by a three-judge court in accordance with section 2284 of title 28 . Nothing in this section or in any other law shall infringe upon the right of the House of Representatives to intervene in an action brought under paragraph (1), (2), or (3) without the necessity of adopting a resolution to authorize such intervention.

(b) Appeal to Supreme Court Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be issued by a single Justice of the Supreme Court.

(c) Expedited consideration It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a).

(d) Noncompliance with sequestration procedures If it is finally determined by a court of competent jurisdiction that an order issued by the President under section 904 of this title for any fiscal year— does not reduce automatic spending increases under any program specified in section 906(a) 1 of this title if such increases are required to be reduced by subchapter I of this chapter (or reduces such increases by a greater extent than is so required), or 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, the President shall, within 20 days after such determination is made, revise the order in accordance with such determination. If the order issued by the President under section 904 of this title for any fiscal year— does not reduce any automatic spending increase to the extent that such increase is required to be reduced by subchapter I of this chapter, does not sequester any amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by such subchapter I, or does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under such subchapter, on the claim or defense that the constitutional powers of the President prevent such sequestration or reduction or permit the avoidance of such sequestration or reduction, and such claim or defense is finally determined by the Supreme Court of the United States to be valid, then the entire order issued pursuant to section 904 of this title for such fiscal year shall be null and void.

(e) Timing of relief No order of any court granting declaratory or injunctive relief from the order of the President issued under section 904 of this title , including but not limited to relief permitting or requiring the expenditure of funds sequestered by such order, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or, if appeal is taken, during the period before the court to which such appeal is taken has entered its final order disposing of such action.

(f) Preservation of other rights The rights created by this section are in addition to the rights of any person under law, subject to subsection (e).

(g) Economic data and assumptions The economic data and economic assumptions used by the Director of OMB in computing the figures specified in any report issued by the Director of OMB under section 904 of this title , shall not be subject to review in any judicial or administrative proceeding.