2 U.S.C. § 901 — Enforcing discretionary spending limits

Page 241 TITLE 2—THE CONGRESS § 901 Budget shall each take such actions as may be nec- essary, within their respective authorities, promptly to carry out this order. SEC. 5. Effective Date. This order shall take effect upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993]. WILLIAM J. CLINTON. § 901. Enforcing discretionary spending limits (a) Enforcement (1) Sequestration Within 15 calendar days after Congress ad- journs to end a session there shall be a seques- tration to eliminate a budget-year breach, if any, within any category. (2) Eliminating a breach Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that ac- count at that time by the uniform percentage necessary to eliminate a breach within that category. (3) Military personnel If the President uses the authority to ex- empt any personnel account from sequestra- tion under section 905(f) of this title, each ac- count 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-ex- empt budgetary resources in that account at that time by the uniform percentage nec- essary to offset the total dollar amount by which outlays are not reduced in military per- sonnel accounts by reason of the use of such authority. (4) Part-year appropriations If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from— (A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and (B) when a full-year appropriation for that account is enacted, from the amount other- wise provided by the full-year appropriation for that account. (5) Look-back If, after June 30, an appropriation for the fis- cal 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 discre- tionary spending limits for that category for the next fiscal year shall be reduced by the amount or amounts of that breach. (6) Within-session sequestration If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach within a category for that year (after taking into account any prior sequestration of amounts within that category), 15 days later there shall be a sequestration to eliminate that breach within that category following the procedures set forth in paragraphs (2) through (4). (7) Estimates (A) CBO estimates As soon as practicable after Congress com- pletes action on any discretionary appro- priation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall pro- vide OMB with an estimate of the amount of discretionary new budget authority and out- lays for the current year, if any, and the budget year provided by that legislation. (B) OMB estimates and explanation of dif- ferences Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discre- tionary 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 discre- tionary new budget authority for the cur- rent year, if any, and the budget year pro- vided by that legislation, and an explanation of any difference between the 2 estimates. If during the preparation of the report OMB de- termines that there is a significant dif- ference between OMB and CBO, OMB shall consult with the Committees on the Budget of the House of Representatives and the Sen- ate regarding that difference and that con- sultation shall include, to the extent prac- ticable, written communication to those committees that affords such committees the opportunity to comment before the issuance of the report. (C) Assumptions and guidelines OMB estimates under this paragraph shall be made using current economic and tech- nical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph. OMB and CBO shall prepare estimates under this paragraph in conform- ance with scorekeeping guidelines deter- mined after consultation among the Com- mittees on the Budget of the House of Rep- resentatives and the Senate, CBO, and OMB. (D) Annual appropriations For purposes of this paragraph, amounts provided by annual appropriations shall in- clude 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 (1) Concepts and definitions When the President submits the budget under section 1105 of title 31, OMB shall cal- culate and the budget shall include adjust- ments to discretionary spending limits (and Page 242 TITLE 2—THE CONGRESS § 901 1 So in original. Probably should be followed by a comma. 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 be- fore 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 commu- nication to such committees that affords such committees the opportunity to comment be- fore official action is taken with respect to such changes. (2) Sequestration reports When OMB submits a sequestration report under section 904(e), (f), or (g) of this title for a fiscal year, OMB shall calculate, and the se- questration 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 lim- its as adjusted) for the fiscal year and each succeeding year, as follows: (A) Emergency appropriations; overseas con- tingency operations/global war on ter- rorism If, for any fiscal year, appropriations for discretionary accounts are enacted that— (i) the Congress designates as emergency requirements in statute on an account by account basis and the President subse- quently so designates, or (ii) the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by ac- count basis and the President subse- quently so designates, the adjustment shall be the total of such ap- propriations in discretionary accounts des- ignated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable. (B) Continuing disability reviews and rede- terminations (i) If a bill or joint resolution making ap- propriations 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 con- ducting 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 op- erations of the Social Security Administra- tion by Special Assistant United States At- torneys, then the adjustments for that fiscal year shall be the additional new budget au- thority provided in that Act for such ex- penses for that fiscal year, but shall not ex- ceed— (I) for fiscal year 2012, $623,000,000 in ad- ditional new budget authority; (II) for fiscal year 2013, $751,000,000 in ad- ditional new budget authority; (III) for fiscal year 2014, $924,000,000 in ad- ditional new budget authority; (IV) for fiscal year 2015, $1,123,000,000 in additional new budget authority; (V) for fiscal year 2016, $1,166,000,000 in additional new budget authority; (VI) for fiscal year 2017, $1,546,000,000 in additional new budget authority; (VII) for fiscal year 2018, $1,462,000,000 in additional new budget authority; (VIII) for fiscal year 2019, $1,410,000,000 in additional new budget authority; (IX) for fiscal year 2020, $1,309,000,000 in additional new budget authority; (X) for fiscal year 2021, $1,302,000,000 in additional new budget authority; (XI) for fiscal year 2024, $1,578,000,000 in additional new budget authority; and (XII) for fiscal year 2025, $1,630,000,000 in additional new budget authority. (ii) As used in this subparagraph— (I) the term ‘‘continuing disability re- views’’ means continuing disability re- views 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 con- tinuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to en- gage in substantial gainful activity; (II) the term ‘‘redetermination’’ means redetermination of eligibility under sec- tions 1611(c)(1) and 1614(a)(3)(H) of the So- cial Security Act [42 U.S.C. 1382(c)(1), 1382c(a)(3)(H)]; and (III) the term ‘‘additional new budget au- thority’’ means the amount provided for a fiscal year, in excess of $273,000,000, in an appropriation Act and specified to pay for the costs of continuing disability reviews, redeterminations, co-operative disability investigation units, and fraud prosecutions under the heading ‘‘Limitation on Admin- istrative Expenses’’ for the Social Security Administration. (C) Health care fraud and abuse control (i) If a bill or joint resolution making ap- propriations for a fiscal year is enacted that specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571), then the adjustments for that fiscal year shall be the amount of additional new budg- et authority provided in that Act for such program for that fiscal year, but shall not exceed— (I) for fiscal year 2012, $270,000,000 in ad- ditional new budget authority; (II) for fiscal year 2013, $299,000,000 in ad- ditional new budget authority; (III) for fiscal year 2014, $329,000,000 in ad- ditional new budget authority; (IV) for fiscal year 2015, $361,000,000 in ad- ditional new budget authority; (V) for fiscal year 2016, $395,000,000 in ad- ditional new budget authority; (VI) for fiscal year 2017, $414,000,000 in ad- ditional new budget authority; Page 243 TITLE 2—THE CONGRESS § 901 (VII) for fiscal year 2018, $434,000,000 in additional new budget authority; (VIII) for fiscal year 2019, $454,000,000 in additional new budget authority; (IX) for fiscal year 2020, $475,000,000 in ad- ditional new budget authority; (X) for fiscal year 2021, $496,000,000 in ad- ditional new budget authority; (XI) for fiscal year 2024, $604,000,000 in ad- ditional new budget authority; and (XII) for fiscal year 2025, $630,000,000 in additional new budget authority. (ii) As used in this subparagraph, the term ‘‘additional new budget authority’’ means the amount provided for a fiscal year, in ex- cess of $311,000,000, in an appropriation Act and specified to pay for the costs of the health care fraud and abuse control pro- gram. (D) Disaster funding (i) If, for fiscal years 2024 and 2025, appro- priations for discretionary accounts are en- acted that Congress designates as being for disaster relief in statute, the adjustment for a fiscal year shall be the total of such appro- priations for the fiscal year in discretionary accounts designated as being for disaster re- lief, but not to exceed the total of— (I) the average over the previous 10 years (excluding the highest and lowest years) of the sum of the funding provided for dis- aster relief (as that term is defined on the date immediately before March 23, 2018); (II) notwithstanding clause (iv), five per- cent of the total appropriations provided in the previous 10 years, net of any rescis- sions of budget authority enacted in the same period, with respect to amounts pro- vided for major disasters declared pursu- ant to the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress in statute as an emergency; and (III) the cumulative net total of the un- used 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. (ii) 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. (iii) 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. (iv) Appropriations considered disaster re- lief under this subparagraph in a fiscal year shall not be eligible for adjustments under subparagraph (A) for the fiscal year. (E) Reemployment services and eligibility as- sessments (i) In general If a bill or joint resolution making ap- propriations for a fiscal year is enacted that specifies an amount for grants to States under section 306 of the Social Se- curity Act [42 U.S.C. 506], then the adjust- ment for that fiscal year shall be the addi- tional new budget authority provided in that Act for such grants for that fiscal year, but shall not exceed— (I) for fiscal year 2018, $0; (II) for fiscal year 2019, $33,000,000; (III) for fiscal year 2020, $58,000,000; (IV) for fiscal year 2021, $83,000,000; (V) for fiscal year 2024, $265,000,000 in additional new budget authority; and (VI) for fiscal year 2025, $271,000,000 in additional new budget authority. (ii) Definition 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, in an appropriation Act and specified to pay for grants to States under section 306 of the Social Se- curity Act [42 U.S.C. 506]. (F) Wildfire suppression (i) Additional new budget authority If, for fiscal years 2020 through 2027, a bill or joint resolution making appropria- tions for a fiscal year is enacted that pro- vides an amount for wildfire suppression operations in the Wildland Fire Manage- ment accounts at the Department of Agri- culture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed— (I) for fiscal year 2020, $2,250,000,000; (II) for fiscal year 2021, $2,350,000,000; (III) for fiscal year 2022, $2,450,000,000; (IV) for fiscal year 2023, $2,550,000,000; (V) for fiscal year 2024, $2,650,000,000; (VI) for fiscal year 2025, $2,750,000,000; (VII) for fiscal year 2026, $2,850,000,000; and (VIII) for fiscal year 2027, $2,950,000,000. (ii) Definitions In this subparagraph: (I) Additional new budget authority The term ‘‘additional new budget au- thority’’ means the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs for wildfire suppression operations as re- ported in the budget of the President submitted under section 1105(a) of title 31 for fiscal year 2015 and are specified to pay for the costs of wildfire suppression operations in an amount not to exceed the amount specified for that fiscal year in clause (i). (II) Wildfire suppression operations The term ‘‘wildfire suppression oper- ations’’ means the emergency and unpre- dictable aspects of wildland firefighting, including— (aa) support, response, and emer- gency stabilization activities; Page 244 TITLE 2—THE CONGRESS § 901 2 So in original. The semicolon probably should be a comma. 3 So in original. (bb) other emergency management activities; and (cc) the funds necessary to repay any transfers needed for the costs of wild- fire suppression operations. (G) The 2020 Census If, for fiscal year 2020, appropriations for the Periodic Censuses and Programs account of the Bureau of the Census of the Depart- ment of Commerce are enacted that the Con- gress designates in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total of such appro- priations for that fiscal year designated as being for the 2020 Census, but shall not ex- ceed $2,500,000,000. (c) Discretionary spending limit As used in this subchapter, the term ‘‘discre- tionary spending limit’’ means— (1) for fiscal year 2014— (A) for the revised security category, $520,464,000,000 in new budget authority; and (B) for the revised nonsecurity category, $491,773,000,000 in new budget authority; (2) for fiscal year 2015— (A) for the revised security category, $521,272,000,000 in new budget authority; and (B) for the revised nonsecurity category, $492,356,000,000 in new budget authority; (3) for fiscal year 2016— (A) for the revised security category, $548,091,000,000 in new budget authority; and (B) for the revised nonsecurity category $518,491,000,000 in new budget authority; (4) for fiscal year 2017— (A) for the revised security category, $551,068,000,000 in new budget authority; and (B) for the revised nonsecurity category, $518,531,000,000 in new budget authority; (5) for fiscal year 2018— (A) for the revised security category, $629,000,000,000 in new budget authority; and (B) for the revised nonsecurity category $579,000,000,000 in new budget authority; (6) for fiscal year 2019— (A) for the revised security category, $647,000,000,000 in new budget authority; and (B) for the revised nonsecurity category, $597,000,000,000 in new budget authority; (7) for fiscal year 2020— (A) for the revised security category, $666,500,000,000 in new budget authority; and (B) for the revised nonsecurity category, $621,500,000,000 in new budget authority; (8) for fiscal year 2021— (A) for the revised security category, $671,500,000,000 in new budget authority; and (B) for the revised nonsecurity category, $626,500,000,000 in new budget authority; (9) for fiscal year 2024— (A) for the revised security category, $886,349,000,000 in new budget authority; and (B) for the revised nonsecurity category; 2 $703,651,000,000 in new budget authority; and (10) for fiscal year 2025— (A) for the revised security category, $895,212,000,000 in new budget authority; and (B) for the revised nonsecurity category; 2 $710,688,000,000 in new budget authority; as adjusted in strict conformance with sub- section (b). (d) Revised discretionary spending limits for fis- cal year 2024 (1) In general Subject to paragraph (3), if on or after Janu- ary 1, 2024, there is in effect an Act making continuing appropriations for part of fiscal year 2024 for any discretionary budget ac- count, the discretionary spending limits speci- fied in subsection (c)(9) for fiscal year 2024 shall be adjusted in the final sequestration re- port, in accordance with paragraph (2), as fol- lows: (A) For the revised security category, the amount that is equal to the total budget au- thority for such category for base funding, as published in the Congressional Budget Of- fice cost estimate for the applicable appro- priations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on Decem- ber 21, 2022), reduced by one percent. (B) 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 Of- fice cost estimate for the applicable appro- priations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on Decem- ber 21, 2022), reduced by one percent. (2) Final report; sequestration order If the conditions specified in paragraph (1) are met during fiscal year 2024, the final se- questration report for such fiscal year pursu- ant 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— (A) 10 days, not including weekends and holidays, for the Congressional Budget Of- fice and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enact- ment into law of annual full-year appropria- tions for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appro- priations Acts without any provision for such accounts); or (B) April 30, 2024. (3) Reversal If, after January 1, 2024, there are enacted into law each of the full year discretionary ap- propriation 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 re- vised security category and revised nonsecu- rity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year. Page 245 TITLE 2—THE CONGRESS § 901 4 So in original. Probably should be ‘‘subsection’’. (e) Revised discretionary spending limits for fis- cal year 2025 (1) In general Subject to paragraph (3), if on or after Janu- ary 1, 2025, there is in effect an Act making continuing appropriations for part of fiscal year 2025 for any discretionary budget ac- count, the discretionary spending limits speci- fied in subsection (c)(10) for fiscal year 2025 shall be adjusted in the final sequestration re- port, in accordance with paragraph (2), as fol- lows: (A) for the revised security category, the amount calculated for such category in sec- tion 4 (d)(1)(A); and (B) for the revised non-security 3 category, the amount calculated for each category in section 4 (d)(1)(B). (2) Final report; sequestration order If the conditions specified in paragraph (1) are met during fiscal year 2025, the final se- questration report for such fiscal year pursu- ant 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— (A) 10 days, not including weekends and holidays, for the Congressional Budget Of- fice, and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enact- ment into law of annual full-year appropria- tions for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appro- priations Acts without any provision for such accounts); or (B) April 30, 2025. (3) Reversal If, after January 1, 2025, there are enacted into law each of the full year discretionary ap- propriation 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 re- vised security category and revised nonsecu- rity category for the applicable fiscal year shall be such limits as in effect on December 31 of the applicable fiscal year. (Pub. L. 99–177, title II, § 251, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100–119, title I, § 102(a), Sept. 29, 1987, 101 Stat. 754; Pub. L. 100–203, title VIII, § 8003(f), Dec. 22, 1987, 101 Stat. 1330–282; Pub. L. 101–508, title XIII, § 13101(a), (e)(2), Nov. 5, 1990, 104 Stat. 1388–577, 1388–593; Pub. L. 103–66, title XIV, § 14002(c)(1), Aug. 10, 1993, 107 Stat. 683; Pub. L. 103–87, title V, § 571, Sept. 30, 1993, 107 Stat. 971; Pub. L. 103–306, title V, § 562, Aug. 23, 1994, 108 Stat. 1649; Pub. L. 103–354, title I, § 119(d)(1), Oct. 13, 1994, 108 Stat. 3208; Pub. L. 104–121, title I, § 103(b), Mar. 29, 1996, 110 Stat. 848; Pub. L. 104–193, title II, § 211(d)(5)(B), Aug. 22, 1996, 110 Stat. 2191; Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 577], Sept. 30, 1996, 110 Stat. 3009–121, 3009–169; Pub. L. 105–33, title X, § 10203(a), (b), Aug. 5, 1997, 111 Stat. 698, 701; Pub. L. 105–89, title II, § 201(b)(1), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 105–178, title VIII, § 8101(a), (d), June 9, 1998, 112 Stat. 488, 490; Pub. L. 106–291, title VIII, § 801(a), (b), Oct. 11, 2000, 114 Stat. 1026, 1027; Pub. L. 106–429, § 101(a) [title VII, § 701(a)], Nov. 6, 2000, 114 Stat. 1900, 1900A–64; Pub. L. 107–117, div. C, § 101(a), Jan. 10, 2002, 115 Stat. 2341; Pub. L. 108–88, § 10(a), (b), Sept. 30, 2003, 117 Stat. 1127; Pub. L. 108–310, § 10(a), (b), Sept. 30, 2004, 118 Stat. 1160; Pub. L. 109–59, title VIII, §§ 8001(a), 8002, Aug. 10, 2005, 119 Stat. 1915, 1916; Pub. L. 112–25, title I, § 101, Aug. 2, 2011, 125 Stat. 241; Pub. L. 112–240, title IX, § 901(d)(1), Jan. 2, 2013, 126 Stat. 2370; Pub. L. 113–67, div. A, title I, § 101(a), Dec. 26, 2013, 127 Stat. 1166; Pub. L. 114–74, title I, § 101(a), title VIII, § 815, Nov. 2, 2015, 129 Stat. 585, 604; Pub. L. 114–113, div. O, title X, § 1003, Dec. 18, 2015, 129 Stat. 3035; Pub. L. 115–123, div. C, title I, § 30101(a), title II, § 30206(c), Feb. 9, 2018, 132 Stat. 122, 131; Pub. L. 115–141, div. O, title I, § 102(a), Mar. 23, 2018, 132 Stat. 1059; Pub. L. 115–334, title VIII, § 8704(a)(1)(A), Dec. 20, 2018, 132 Stat. 4877; Pub. L. 116–37, title I, § 101(a), (c), Aug. 2, 2019, 133 Stat. 1049; Pub. L. 118–5, div. A, title I, §§ 101(a), (b), 102, June 3, 2023, 137 Stat. 12, 13, 15.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Ti- tles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), re- spectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in subsec. (b)(2)(D)(i)(II), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. CODIFICATION Pub. L. 101–508, § 13101(e)(2), redesignated former sub- sec. (a)(6)(I) of this section as section 257(e) of Pub. L. 99–177, which is classified to section 907(e) of this title. AMENDMENTS 2023—Subsec. (b)(2)(B)(i)(XI), (XII). Pub. L. 118–5, § 101(b)(1), added subcls. (XI) and (XII). Subsec. (b)(2)(C)(i)(XI), (XII). Pub. L. 118–5, § 101(b)(2), added subcls. (XI) and (XII). Subsec. (b)(2)(D)(i). Pub. L. 118–5, § 101(b)(3)(A), sub- stituted ‘‘for fiscal years 2024 and 2025’’ for ‘‘for fiscal years 2012 through 2021’’ in introductory provisions. Subsec. (b)(2)(D)(i)(II). Pub. L. 118–5, § 101(b)(3)(B), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: ‘‘notwithstanding clause (iv), starting in fiscal year 2018, five percent of the total ap- propriations provided after fiscal year 2011 or in the previous 10 years, whichever is less, net of any rescis- sions 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 and the President as an emergency pursuant to subparagraph (A)(i) of this paragraph; and’’. Subsec. (b)(2)(E)(i)(V), (VI). Pub. L. 118–5, § 101(b)(4), added subcls. (V) and (VI). Subsec. (c)(9), (10). Pub. L. 118–5, § 101(a), added pars. (9) and (10). Subsecs. (d), (e). Pub. L. 118–5, § 102, added subsecs. (d) and (e). Page 246 TITLE 2—THE CONGRESS § 901 2019—Subsec. (b)(2)(G). Pub. L. 116–37, § 101(c), added subpar. (G). Subsec. (c)(7), (8). Pub. L. 116–37, § 101(a), added pars. (7) and (8) and struck out former pars. (7) and (8) which read as follows: ‘‘(7) for fiscal year 2020— ‘‘(A) for the revised security category, $630,000,000,000 in new budget authority; and ‘‘(B) for the revised nonsecurity category, $578,000,000,000 in new budget authority; and ‘‘(8) for fiscal year 2021— ‘‘(A) for the revised security category, $644,000,000,000 in new budget authority; and ‘‘(B) for the revised nonsecurity category, $590,000,000,000 in new budget authority;’’. 2018—Subsec. (b)(2)(D)(i). Pub. L. 115–141, § 102(a)(1), added subcls. (I) to (III) and struck out former subcls. (I) and (II) which read as follows: ‘‘(I) the average funding provided for disaster relief over the previous 10 years, excluding the highest and lowest years; and ‘‘(II) the amount, for years when the enacted new dis- cretionary budget authority designated as being for disaster relief for the preceding fiscal year was less than the average as calculated in subclause (I) for that fiscal year, that is the difference between the enacted amount and the allowable adjustment as calculated in such subclause for that fiscal year.’’ Subsec. (b)(2)(D)(ii). Pub. L. 115–141, § 102(a)(2), as amended by Pub. L. 115–334, § 8704(a)(1)(A), substituted ‘‘not later than 30 days after March 23, 2018’’ for ‘‘not later than 30 days after August 2, 2011’’. Subsec. (b)(2)(E). Pub. L. 115–123, § 30206(c), added sub- par. (E). Subsec. (b)(2)(F). Pub. L. 115–141, § 102(a)(3), added sub- par. (F). Subsec. (c)(5), (6). Pub. L. 115–123, § 30101(a), added pars. (5) and (6) and struck out former pars. (5) and (6) which defined discretionary spending limits for fiscal years 2018 and 2019, respectively. 2015—Subsec. (a)(7)(B). Pub. L. 114–113 substituted ‘‘both the CBO and OMB estimates of the amount of discretionary new budget authority’’ for ‘‘the CBO esti- mate of that legislation, an OMB estimate of the amount of discretionary new budget authority and out- lays’’. Subsec. (b)(2)(B)(i). Pub. L. 114–74, § 815(1)(A), in intro- ductory provisions, substituted ‘‘, for the cost associ- ated 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 Admin- istration by Special Assistant United States Attor- neys’’ for ‘‘and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act’’. Subsec. (b)(2)(B)(i)(VI). Pub. L. 114–74, § 815(1)(B), sub- stituted ‘‘$1,546,000,000’’ for ‘‘$1,309,000,000’’. Subsec. (b)(2)(B)(i)(VII). Pub. L. 114–74, § 815(1)(C), sub- stituted ‘‘$1,462,000,000’’ for ‘‘$1,309,000,000’’. Subsec. (b)(2)(B)(i)(VIII). Pub. L. 114–74, § 815(1)(D), substituted ‘‘$1,410,000,000’’ for ‘‘$1,309,000,000’’. Subsec. (b)(2)(B)(i)(X). Pub. L. 114–74, § 815(1)(E), sub- stituted ‘‘$1,302,000,000’’ for ‘‘$1,309,000,000’’. Subsec. (b)(2)(B)(ii)(I). Pub. L. 114–74, § 815(2), inserted before semicolon ‘‘, including work-related continuing disability reviews to determine whether earnings de- rived from services demonstrate an individual’s ability to engage in substantial gainful activity’’. Subsec. (b)(2)(B)(ii)(III). Pub. L. 114–74, § 815(3), sub- stituted ‘‘, redeterminations, co-operative disability investigation units, and fraud prosecutions’’ for ‘‘and redeterminations’’. Subsec. (c)(3), (4). Pub. L. 114–74, § 101(a), added pars. (3) and (4) and struck out former pars. (3) and (4) which defined discretionary spending limits for fiscal years 2016 and 2017. 2013—Subsec. (c). Pub. L. 113–67 added pars. (1) to (8) and struck out former pars. (1) to (10) which defined discretionary spending limits for fiscal years 2012 to 2021. Subsec. (c)(2), (3). Pub. L. 112–240 amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows: ‘‘(2) with respect to fiscal year 2013— ‘‘(A) for the security category, $686,000,000,000 in new budget authority; and ‘‘(B) for the nonsecurity category, $361,000,000,000 in new budget authority; ‘‘(3) with respect to fiscal year 2014, for the discre- tionary category, $1,066,000,000,000 in new budget au- thority;’’. 2011—Pub. L. 112–25 amended section generally. Prior to amendment, section related to enforcing discre- tionary spending limits. 2005—Subsec. (b)(1)(B) to (E). Pub. L. 109–59, § 8002, re- enacted heading of subpar. (B) without change and amended text of subpars. (B) to (E) generally. Prior to amendment, subpar. (B) provided for adjustments to align highway spending with revenues using amount of obligations set forth in section 8103 of the Transpor- tation Equity Act for the 21st Century and estimates of receipts for fiscal years 1998 through 2003, subpar. (C) provided for additional adjustments required in budget submissions for fiscal years 2000 through 2003, subpar. (D) provided for a final sequester report for fiscal year 1999 and an adjustment of estimates upon submission of the budget for fiscal years 2000 through 2003, and sub- par. (E) required consultation with the Committees on the Budget and inclusion of a report on adjustments under subparagraphs (B) and (C) in the preview report. Subsec. (c). Pub. L. 109–59, § 8001(a), added pars. (1) to (5), redesignated former pars. (2) to (9) as (6) to (13), re- spectively, and struck out former par. (1) which read as follows: ‘‘with respect to fiscal year 2004— ‘‘(A) for the highway category: $31,834,000,000 in out- lays; ‘‘(B) for the mass transit category: $1,462,000,000 in new budget authority and $6,629,000,000 in outlays; and ‘‘(C) for the conservation spending category: $2,080,000,000, in new budget authority and $2,032,000,000 in outlays;’’. 2004—Subsec. (b)(2). Pub. L. 108–310, § 10(a), which di- rected amendment of par. (2) by striking out ‘‘through 2002’’ in introductory provisions, could not be executed because the phrase ‘‘through 2002’’ did not appear sub- sequent to amendment by Pub. L. 108–88, § 10(a). See 2003 Amendment note below. Subsec. (c). Pub. L. 108–310, § 10(b), which directed the amendment of subsec. (c) by redesignating par. (8) as par. (1), substituting ‘‘with respect to fiscal year 2005— ’’ for ‘‘with respect to fiscal year 2005’’ and adding sub- pars. (A) and (B) in par. (1), redesignating remaining provisions of par. (1) as subpar. (C), redesignating pars. (9) to (16) as (2) to (9), respectively, and striking out former pars. (1) to (7), which defined ‘‘discretionary spending limit’’ with respect to fiscal years 2002 to 2006, either could not be executed or could not be executed as intended because of prior amendments by Pub. L. 108–88, § 10(b). See 2003 Amendment notes below. 2003—Subsec. (b)(2). Pub. L. 108–88, § 10(a), struck out ‘‘through 2002’’ after ‘‘succeeding year’’ in introductory provisions. Subsec. (c)(1). Pub. L. 108–88, § 10(b)(1), redesignated par. (8) as (1), substituted ‘‘with respect to fiscal year 2004—’’ for ‘‘with respect to fiscal year 2004’’, added sub- pars. (A) and (B), redesignated remaining provisions of par. (1) as subpar. (C), and struck out former par. (1), which defined ‘‘discretionary spending limit’’ with re- spect to fiscal year 1997. Subsec. (c)(2) to (16). Pub. L. 108–88, § 10(b), redesig- nated pars. (9) to (16) as (2) to (9), respectively, and struck out former pars. (2) to (7), which defined ‘‘discre- tionary spending limit’’ with respect to fiscal years 1998 to 2003. 2002—Subsec. (c)(6)(A). Pub. L. 107–117, § 101(a)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘for the discretionary category: Page 247 TITLE 2—THE CONGRESS § 901 $551,074,000,000 in new budget authority and $560,799,000,000 in outlays;’’. Subsec. (c)(6)(C). Pub. L. 107–117, § 101(a)(2), struck out second ‘‘and’’ at end. Subsec. (c)(6)(D). Pub. L. 107–117, § 101(a)(3), sub- stituted ‘‘$1,473,000,000’’ for ‘‘$1,232,000,000’’. 2000—Subsec. (b)(2)(H). Pub. L. 106–291, § 801(b), added subpar. (H). Subsec. (c)(5)(A). Pub. L. 106–429 added subpar. (A) and struck out former subpar. (A) which read as fol- lows: ‘‘for the discretionary category: $542,032,000,000 in new budget authority and $564,396,000,000 in outlays;’’. Subsec. (c)(6)(D). Pub. L. 106–291, § 801(a)(1), added sub- par. (D). Subsec. (c)(7)(C). Pub. L. 106–291, § 801(a)(2), added sub- par. (C). Subsec. (c)(8) to (16). Pub. L. 106–291, § 801(a)(3), added pars. (8) to (16). 1998—Subsec. (b)(1). Pub. L. 105–178, § 8101(d), des- ignated existing provisions as subpar. (A), inserted heading, and added subpars. (B) to (E). Subsec. (c)(3)(D), (E). Pub. L. 105–178, § 8101(a)(1), added subpars. (D) and (E). Subsec. (c)(4)(C), (D). Pub. L. 105–178, § 8101(a)(2), added subpars. (C) and (D). Subsec. (c)(5). Pub. L. 105–178, § 8101(a)(3), substituted a dash for comma after ‘‘2001’’, designated remaining provisions as subpar. (A), realigned margins, struck out ‘‘and’’ at end, and added subpars. (B) and (C). Subsec. (c)(6). Pub. L. 105–178, § 8101(a)(4), substituted a dash for comma after ‘‘2002’’, designated remaining provisions as subpar. (A), realigned margins, and added subpars. (B) and (C). Subsec. (c)(7). Pub. L. 105–178, § 8101(a)(5), added par. (7). 1997—Subsec. (a). Pub. L. 105–33, § 10203(a)(1), struck out ‘‘Fiscal Years 1991–1998’’ before ‘‘Enforcement’’ in heading. Subsec. (a)(3). Pub. L. 105–33, § 10203(a)(2), substituted ‘‘section 905(f)’’ for ‘‘section 905(h)’’ in two places. Subsec. (a)(7). Pub. L. 105–33, § 10203(a)(3), added par. (7) and struck out heading and text of former par. (7). Text read as follows: ‘‘As soon as practicable after Con- gress completes action on any discretionary appropria- tion, 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 out- lays for the current year (if any) and the budget year provided by that legislation. Within 5 calendar days after the enactment of any discretionary appropriation, OMB shall transmit a report to the House of Represent- atives and to the Senate containing the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation, and an explanation of any difference between the two estimates. For purposes of this para- graph, amounts provided by annual appropriations shall include any new budget authority and outlays for those years in accounts for which funding is provided in that legislation that result from previously enacted legislation. Those OMB estimates shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Con- gress under this paragraph for the purposes of this sub- section. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House and Senate Committees on the Budget, CBO, and OMB.’’ Subsec. (b). Pub. L. 105–33, § 10203(a)(4), added subsec. (b) and struck out heading and text of former subsec. (b) which provided that when the President submitted the budget for a budget year from 1992 to 1998, OMB was to calculate, and the budget was to include, adjust- ments to discretionary spending limits reflecting cer- tain enumerated factors and provided that when OMB submitted a sequestration report for a fiscal year from 1991 to 1998, OMB was to calculate, and the sequestra- tion report and subsequent budgets were to include, ad- justments to discretionary spending limits reflecting certain enumerated factors. Subsec. (b)(2)(G). Pub. L. 105–89 added subpar. (G). Subsec. (c). Pub. L. 105–33, § 10203(b), added subsec. (c). 1996—Subsec. (b)(2)(G). Pub. L. 104–208 substituted ‘‘fiscal years 1994, 1995, and 1997’’ for ‘‘fiscal year 1994 and 1995’’ in two places. Subsec. (b)(2)(H). Pub. L. 104–121 added subpar. (H). Subsec. (b)(2)(H)(i). Pub. L. 104–193, § 211(d)(5)(B)(i), substituted ‘‘$175,000,000’’ for ‘‘$25,000,000’’ and ‘‘$310,000,000’’ for ‘‘$160,000,000’’ in subcl. (II), and ‘‘$245,000,000’’ for ‘‘$145,000,000’’ and ‘‘$470,000,000’’ for ‘‘$370,000,000’’ in subcl. (III). Subsec. (b)(2)(H)(ii)(I). Pub. L. 104–193, § 211(d)(5)(B)(ii), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: ‘‘the term ‘con- tinuing disability reviews’ has the meaning given such term by section 401(g)(1)(A) of title 42;’’. 1994—Subsec. (b)(2)(D)(i). Pub. L. 103–354 inserted at end ‘‘This subparagraph shall not apply to appropria- tions to cover agricultural crop disaster assistance.’’ Subsec. (b)(2)(G). Pub. L. 103–306 substituted ‘‘1994 and 1995’’ for ‘‘1994’’ in two places. 1993—Subsec. (a). Pub. L. 103–66, § 14002(c)(1)(A), sub- stituted ‘‘1998’’ for ‘‘1995’’ in heading. Subsec. (b)(1). Pub. L. 103–66, § 14002(c)(1)(B)(i), in in- troductory provisions, substituted ‘‘1995, 1996, 1997, or 1998’’ for ‘‘or 1995’’ and ‘‘outyear through 1998’’ for ‘‘out- year through 1995’’. Subsec. (b)(1)(B)(iii). Pub. L. 103–66, § 14002(c)(1)(B)(ii), added cl. (iii). Subsec. (b)(2). Pub. L. 103–66, § 14002(c)(1)(B)(iii), in in- troductory provisions, substituted ‘‘1995, 1996, 1997, or 1998’’ for ‘‘or 1995’’ and ‘‘year through 1998’’ for ‘‘year through 1995’’. Subsec. (b)(2)(D)(i). Pub. L. 103–66, § 14002(c)(1)(B)(iv), substituted ‘‘for any fiscal year,’’ for ‘‘for fiscal year 1991, 1992, 1993, 1994, or 1995,’’. Subsec. (b)(2)(E)(iv). Pub. L. 103–66, § 14002(c)(1)(B)(v), added cl. (iv). Subsec. (b)(2)(F). Pub. L. 103–66, § 14002(c)(1)(B)(vi), in- serted before period at end ‘‘, and not to exceed 0.5 per- cent of the adjusted descretionary [sic] spending limit on outlays for the fiscal year in fiscal year 1996, 1997, or 1998’’. Subsec. (b)(2)(G). Pub. L. 103–87 added subpar. (G). 1990—Pub. L. 101–508, § 13101(a), amended section gen- erally, substituting subsecs. (a) and (b) relating to en- forcement of discretionary spending limits for former subsecs. (a) to (e) relating to reporting of excess defi- cits. Subsec. (a)(6)(I). Pub. L. 101–508, § 13101(e)(2), redesig- nated subsec. (a)(6)(I) of this section as section 907(e) of this title. 1987—Pub. L. 100–119 amended section generally, sub- stituting provisions consisting of subsecs. (a) to (e) re- lating to reports by Director of CBO to Director of OMB and to Congress and by Director of OMB to Presi- dent and Congress for provisions consisting of subsecs. (a) to (g) relating to joint reports by Directors of CBO and OMB to Comptroller General and report by Comp- troller General to President and Congress. Subsec. (a)(6)(B). Pub. L. 100–203, § 8003(f), struck out ‘‘and’’ before ‘‘contract authority’’ and inserted provi- sion whereby the authority to provide insurance through the Federal Housing Administration Fund be continued. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–334, title VIII, § 8704(a)(2), Dec. 20, 2018, 132 Stat. 4877, provided that: ‘‘The amendments made by paragraph (1) [amending this section and section 7102 of Title 16, Conservation] shall take effect as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act ([div. O of] Public Law 115–141).’’ Page 248 TITLE 2—THE CONGRESS § 901a Pub. L. 115–141, div. O, title I, § 102(b), Mar. 23, 2018, 132 Stat. 1060, provided that: ‘‘The amendment made by paragraph (1) of subsection (a) [amending this section] shall begin to apply in fiscal year 2019.’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–354, title I, § 119(d)(1), Oct. 13, 1994, 108 Stat. 3208, provided that the amendment made by that section is effective Jan. 1, 1995. ADJUSTMENT FOR ROUNDING Pub. L. 106–429, § 101(a) [title VII, § 701(c)], Nov. 6, 2000, 114 Stat. 1900, 1900A–64, provided for adjustments for rounding. Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 307], Nov. 29, 1999, 113 Stat. 1536, 1501A–306, provided for adjust- ments for rounding. OFFSETTING ADJUSTMENT IN DISCRETIONARY SPENDING LIMITS Pub. L. 105–178, title VIII, § 8101(b), June 9, 1998, 112 Stat. 489, as amended by Pub. L. 105–206, title IX, § 9013(a), July 22, 1998, 112 Stat. 865, provided adjust- ments of nondefense category for fiscal year 1999, dis- cretionary category for fiscal year 2000, and discre- tionary spending limits for fiscal years 2001 and 2002. LEVEL OF OBLIGATION LIMITATIONS Pub. L. 109–59, title VIII, § 8003, Aug. 10, 2005, 119 Stat. 1917, as amended by Pub. L. 111–147, title IV, § 446(a), (b), Mar. 18, 2010, 124 Stat. 95, 96; Pub. L. 111–322, title II, § 2308, Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, § 308, Mar. 4, 2011, 125 Stat. 21, provided that: ‘‘(a) HIGHWAY CATEGORY.—For the purposes of [former] section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [former 2 U.S.C. 901(b)], the level of obligation limitations for the high- way category is— ‘‘(1) for fiscal year 2005, $35,164,292,000; ‘‘(2) for fiscal year 2006, $37,220,843,903; ‘‘(3) for fiscal year 2007, $39,460,710,516; ‘‘(4) for fiscal year 2008, $40,824,075,404; ‘‘(5) for fiscal year 2009, $42,469,970,178; ‘‘(6) for fiscal year 2010, $42,469,970,178; and ‘‘(7) for fiscal year 2011, $42,469,970,178. ‘‘(b) MASS TRANSIT CATEGORY.—For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limi- tations for the mass transit category is— ‘‘(1) for fiscal year 2005, $7,646,336,000; ‘‘(2) for fiscal year 2006, $8,622,931,000; ‘‘(3) for fiscal year 2007, $8,974,775,000; ‘‘(4) for fiscal year 2008, $9,730,893,000; ‘‘(5) for fiscal year 2009, $10,338,065,000; ‘‘(6) for fiscal year 2010, $10,338,065,000; and ‘‘(7) for fiscal year 2011, $10,338,065,000. For purposes of this subsection, the term ‘obligation limitations’ means the sum of budget authority and ob- ligation limitations.’’ Similar provisions for prior fiscal years were con- tained in the following prior act: Pub. L. 105–178, title VIII, § 8103, June 9, 1998, 112 Stat. 492, as amended by Pub. L. 108–88, § 11(a), (b), Sept. 30, 2003, 117 Stat. 1128; Pub. L. 108–310, § 11(a), (b), Sept. 30, 2004, 118 Stat. 1161. § 901a. Enforcement of budget goal Discretionary appropriations and direct spend- ing accounts shall be reduced in accordance with this section as follows: (1) Calculation of total deficit reduction OMB shall calculate the amount of the def- icit reduction required by this section for each of fiscal years 2013 through 2021 by— (A) starting with $1,200,000,000,000; (B) subtracting the amount of deficit re- duction achieved by the enactment of a joint committee bill, as provided in section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011; (C) reducing the difference by 18 percent to account for debt service; (D) dividing the result by 9; and (E) for fiscal year 2013, reducing the amount calculated under subparagraphs (A) through (D) by $24,000,000,000. (2) Allocation to functions 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). (3) Defense function reduction OMB shall calculate the reductions to dis- cretionary appropriations and direct spending for each of fiscal years 2013 through 2021 for defense function spending as follows: (A) Discretionary OMB shall calculate the reduction to dis- cretionary appropriations by— (i) taking the total reduction for the de- fense function allocated for that year under paragraph (2); (ii) multiplying by the discretionary spending limit for the revised security cat- egory for that year; and (iii) dividing by the sum of the discre- tionary spending limit for the security category and OMB’s baseline estimate of nonexempt outlays for direct spending pro- grams within the defense function for that year. (B) Direct spending OMB shall calculate the reduction to di- rect 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). (4) Nondefense function reduction OMB shall calculate the reduction to discre- tionary appropriations and to direct spending for each of fiscal years 2013 through 2021 for programs in nondefense functions as follows: (A) Discretionary OMB shall calculate the reduction to dis- cretionary appropriations by— (i) taking the total reduction for non- defense functions allocated for that year under paragraph (2); (ii) multiplying by the discretionary spending limit for the revised nonsecurity category for that year; and