2 U.S.C. § 901

Enforcing discretionary spending limits

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(a) Enforcement(1) Sequestration

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.

(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 account 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 exempt any personnel account from sequestration under section 905(f) of this title, each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 905(f) of this title has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority.

(4) Part-year appropriationsIf, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from—(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and(B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation for that account.(5) Look-back

If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach within a category for that year (after taking into account any sequestration of amounts within that category), the discretionary spending limits for that category for the next fiscal year shall be reduced by the amount or amounts of that breach.

(6) Within-session sequestration

If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach within a category for that year (after taking into account any prior sequestration of amounts within that category), 15 days later there shall be a sequestration to eliminate that breach within that category following the procedures set forth in paragraphs (2) through (4).

(7) Estimates(A) CBO estimates

As soon as practicable after Congress completes action on any discretionary appropriation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget authority and outlays for the current year, if any, and the budget year provided by that legislation.

(B) OMB estimates and explanation of differences

Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing 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.

(D) Annual appropriations

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(1) Concepts and definitions

When the President submits the budget under section 1105 of title 31, OMB shall calculate and the budget shall include adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear to reflect changes in concepts and definitions. Such changes shall equal the baseline levels of new budget authority and outlays using up-to-date concepts and definitions, minus those levels using the concepts and definitions in effect before such changes. Such changes may only be made after consultation with the Committees 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.

(2) Sequestration reportsWhen 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 11 So in original. Probably should be followed by a comma. adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year, as follows:(A) Emergency appropriations; overseas contingency operations/global war on terrorismIf, for any fiscal year, appropriations for discretionary accounts are enacted that—(i) the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or(ii) the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates,the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable.(B) Continuing disability reviews and redeterminations(i) 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—(I) for fiscal year 2012, $623,000,000 in additional new budget authority;(II) for fiscal year 2013, $751,000,000 in additional new budget authority;(III) for fiscal year 2014, $924,000,000 in additional 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 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;(II) 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(III) the term “additional new budget authority” 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 Administrative Expenses” for the Social Security Administration.(C) Health care fraud and abuse control(i) If a bill or joint resolution making appropriations 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 budget 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 additional new budget authority;(II) for fiscal year 2013, $299,000,000 in additional new budget authority;(III) for fiscal year 2014, $329,000,000 in additional new budget authority;(IV) for fiscal year 2015, $361,000,000 in additional new budget authority;(V) for fiscal year 2016, $395,000,000 in additional new budget authority;(VI) for fiscal year 2017, $414,000,000 in additional new budget authority;(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 additional new budget authority;(X) for fiscal year 2021, $496,000,000 in additional new budget authority;(XI) for fiscal year 2024, $604,000,000 in additional 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 excess of $311,000,000, in an appropriation Act and specified to pay for the costs of the health care fraud and abuse control program.(D) Disaster funding(i) If, for fiscal years 2024 and 2025, appropriations for discretionary accounts are enacted that Congress designates as being for disaster relief in statute, the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for disaster relief, but not to exceed the total of—(I) the average over the previous 10 years (excluding the highest and lowest years) of the sum of the funding provided for disaster relief (as that term is defined on the date immediately before March 23, 2018);(II) notwithstanding clause (iv), five percent of the total appropriations provided in the previous 10 years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress in statute as an emergency; and(III) the cumulative net total of the unused carryover for fiscal year 2018 and all subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the sum of the amounts in subclauses (I) and (II) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.(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 relief 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 assessments(i) In generalIf 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—(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 Security Act [42 U.S.C. 506].

(F) Wildfire suppression(i) Additional new budget authorityIf, for fiscal years 2020 through 2027, a bill or joint resolution making appropriations for a fiscal year is enacted that provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed—(I) for fiscal year 2020, $2,250,000,000;(II) for fiscal year 2021, $2,350,000,000;(III) for fiscal year 2022, $2,450,000,000;(IV) for fiscal year 2023, $2,550,000,000;(V) for fiscal year 2024, $2,650,000,000;(VI) for fiscal year 2025, $2,750,000,000;(VII) for fiscal year 2026, $2,850,000,000; and(VIII) for fiscal year 2027, $2,950,000,000.(ii) DefinitionsIn this subparagraph:(I) Additional new budget authority

The term “additional new budget authority” 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 reported 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 operationsThe term “wildfire suppression operations” means the emergency and unpredictable aspects of wildland firefighting, including—(aa) support, response, and emergency stabilization activities;(bb) other emergency management activities; and(cc) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.(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 Department of Commerce are enacted that the Congress designates in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year designated as being for the 2020 Census, but shall not exceed $2,500,000,000.

(c) Discretionary spending limitAs used in this subchapter, the term “discretionary 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; 22 So in original. The semicolon probably should be a comma. $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 subsection (b).(d) Revised discretionary spending limits for fiscal year 2024(1) In generalSubject to paragraph (3), if on or after January 1, 2024, there is in effect an Act making continuing appropriations for part of fiscal year 2024 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(9) for fiscal year 2024 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:(A) For the revised security category, the amount that is equal to the total budget authority for such category for base funding, as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.(B) For the revised non-security 33 So in original. 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.(2) Final report; sequestration orderIf 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—(A) 10 days, not including weekends and holidays, for the Congressional Budget Office and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or(B)April 30, 2024.(3) Reversal

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(1) In generalSubject to paragraph (3), if on or after January 1, 2025, there is in effect an Act making continuing appropriations for part of fiscal year 2025 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(10) for fiscal year 2025 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:(A) for the revised security category, the amount calculated for such category in section 44 So in original. Probably should be “subsection”. (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 orderIf 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—(A) 10 days, not including weekends and holidays, for the Congressional Budget Office, and 15 days, not including weekends and holidays, for the Office of Management and Budget and the President, after the enactment into law of annual full-year appropriations for all budget accounts that normally receive such annual appropriations (or the enactment of the applicable full-year appropriations Acts without any provision for such accounts); or(B)April 30, 2025.(3) Reversal

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.

(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 NotesReferences in Text

The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVI of the Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, 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 Emergency 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 subsec. (a)(6)(I) of this section as section 257(e) of Pub. L. 99–177, which is classified to section 907(e) of this title.

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), substituted “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 appropriations provided after fiscal year 2011 or in the previous 10 years, whichever is less, 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 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).

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 discretionary 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 subpar. (E).

Subsec. (b)(2)(F). Pub. L. 115–141, § 102(a)(3), added subpar. (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 estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays”.

Subsec. (b)(2)(B)(i). Pub. L. 114–74, § 815(1)(A), in introductory provisions, substituted “, 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” 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), substituted “$1,546,000,000” for “$1,309,000,000”.

Subsec. (b)(2)(B)(i)(VII). Pub. L. 114–74, § 815(1)(C), substituted “$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), substituted “$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 derived 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), substituted “, 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 discretionary category, $1,066,000,000,000 in new budget authority;”.

2011—Pub. L. 112–25 amended section generally. Prior to amendment, section related to enforcing discretionary spending limits.

2005—Subsec. (b)(1)(B) to (E). Pub. L. 109–59, § 8002, reenacted heading of subpar. (B) without change and amended text of subpars. (B) to (E) generally. Prior to amendment, subpar. (B) provided for adjustments to align highway spending with revenues using amount of obligations set forth in section 8103 of the Transportation Equity Act for the 21st Century and estimates of receipts for fiscal years 1998 through 2003, subpar. (C) provided for additional adjustments required in budget submissions for fiscal years 2000 through 2003, subpar. (D) provided for a final sequester report for fiscal year 1999 and an adjustment of estimates upon submission of the budget for fiscal years 2000 through 2003, and subpar. (E) required consultation with the Committees on the Budget and inclusion of a report on adjustments under subparagraphs (B) and (C) in the preview report.

Subsec. (c). Pub. L. 109–59, § 8001(a), added pars. (1) to (5), redesignated former pars. (2) to (9) as (6) to (13), respectively, and struck out former par. (1) which read as follows: “with respect to fiscal year 2004—

“(A) for the highway category: $31,834,000,000 in outlays;

“(B) for the mass transit category: $1,462,000,000 in new budget authority and $6,629,000,000 in outlays; and

“(C) for the conservation spending category: $2,080,000,000, in new budget authority and $2,032,000,000 in outlays;”.

2004—Subsec. (b)(2). Pub. L. 108–310, § 10(a), which directed amendment of par. (2) by striking out “through 2002” in introductory provisions, could not be executed because the phrase “through 2002” did not appear subsequent to amendment by Pub. L. 108–88, § 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 subpars. (A) and (B) in par. (1), redesignating remaining provisions of par. (1) as subpar. (C), redesignating pars. (9) to (16) as (2) to (9), respectively, and striking out former pars. (1) to (7), which defined “discretionary spending limit” with respect to fiscal years 2002 to 2006, either could not be executed or could not be executed as intended because of prior amendments by Pub. L. 108–88, § 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 subpars. (A) and (B), redesignated remaining provisions of par. (1) as subpar. (C), and struck out former par. (1), which defined “discretionary spending limit” with respect to fiscal year 1997.

Subsec. (c)(2) to (16). Pub. L. 108–88, § 10(b), redesignated pars. (9) to (16) as (2) to (9), respectively, and struck out former pars. (2) to (7), which defined “discretionary spending limit” with respect to fiscal years 1998 to 2003.

2002—Subsec. (c)(6)(A). Pub. L. 107–117, § 101(a)(1), added subpar. (A) and struck out former subpar. (A) which read as follows: “for the discretionary category: $551,074,000,000 in new budget authority and $560,799,000,000 in outlays;”.

Subsec. (c)(6)(C). Pub. L. 107–117, § 101(a)(2), struck out second “and” at end.

Subsec. (c)(6)(D). Pub. L. 107–117, § 101(a)(3), substituted “$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 follows: “for the discretionary category: $542,032,000,000 in new budget authority and $564,396,000,000 in outlays;”.

Subsec. (c)(6)(D). Pub. L. 106–291, § 801(a)(1), added subpar. (D).

Subsec. (c)(7)(C). Pub. L. 106–291, § 801(a)(2), added subpar. (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), designated 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 Congress completes action on any discretionary appropriation, CBO, after consultation with the Committees on the Budget of the House of Representatives and the Senate, shall provide OMB with an estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation. Within 5 calendar days after the enactment of any discretionary appropriation, OMB shall transmit a report to the House of Representatives and to the Senate containing the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays for the current year (if any) and the budget year provided by that legislation, and an explanation of any difference between the two estimates. For purposes of this paragraph, amounts provided by annual appropriations shall include any new budget authority and outlays for those years in accounts for which funding is provided in that legislation that result from previously enacted legislation. Those OMB estimates shall be made using current economic and technical assumptions. OMB shall use the OMB estimates transmitted to the Congress under this paragraph for the purposes of this subsection. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House and Senate Committees on the Budget, CBO, and OMB.”

Subsec. (b). Pub. L. 105–33, § 10203(a)(4), added subsec. (b) and struck out heading and text of former subsec. (b) which provided that when the President submitted the budget for a budget year from 1992 to 1998, OMB was to calculate, and the budget was to include, adjustments to discretionary spending limits reflecting certain enumerated factors and provided that when OMB submitted a sequestration report for a fiscal year from 1991 to 1998, OMB was to calculate, and the sequestration report and subsequent budgets were to include, adjustments to discretionary spending limits reflecting certain enumerated factors.

Subsec. (b)(2)(G). Pub. L. 105–89 added subpar. (G).

Subsec. (c). Pub. L. 105–33, § 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 ‘continuing disability reviews’ has the meaning given such term by section 401(g)(1)(A) of title 42;”.

1994—Subsec. (b)(2)(D)(i). Pub. L. 103–354 inserted at end “This subparagraph shall not apply to appropriations to cover agricultural crop disaster assistance.”

Subsec. (b)(2)(G). Pub. L. 103–306 substituted “1994 and 1995” for “1994” in two places.

1993—Subsec. (a). Pub. L. 103–66, § 14002(c)(1)(A), substituted “1998” for “1995” in heading.

Subsec. (b)(1). Pub. L. 103–66, § 14002(c)(1)(B)(i), in introductory provisions, substituted “1995, 1996, 1997, or 1998” for “or 1995” and “outyear through 1998” for “outyear through 1995”.

Subsec. (b)(1)(B)(iii). Pub. L. 103–66, § 14002(c)(1)(B)(ii), added cl. (iii).

Subsec. (b)(2). Pub. L. 103–66, § 14002(c)(1)(B)(iii), in introductory provisions, substituted “1995, 1996, 1997, or 1998” for “or 1995” and “year through 1998” for “year through 1995”.

Subsec. (b)(2)(D)(i). Pub. L. 103–66, § 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), inserted before period at end “, and not to exceed 0.5 percent of the adjusted descretionary [sic] spending limit on outlays for the fiscal year in fiscal year 1996, 1997, or 1998”.

Subsec. (b)(2)(G). Pub. L. 103–87 added subpar. (G).

1990—Pub. L. 101–508, § 13101(a), amended section generally, substituting subsecs. (a) and (b) relating to enforcement of discretionary spending limits for former subsecs. (a) to (e) relating to reporting of excess deficits.

Subsec. (a)(6)(I). Pub. L. 101–508, § 13101(e)(2), redesignated subsec. (a)(6)(I) of this section as section 907(e) of this title.

1987—Pub. L. 100–119 amended section generally, substituting provisions consisting of subsecs. (a) to (e) relating to reports by Director of CBO to Director of OMB and to Congress and by Director of OMB to President and Congress for provisions consisting of subsecs. (a) to (g) relating to joint reports by Directors of CBO and OMB to Comptroller General and report by Comptroller General to President and Congress.

Subsec. (a)(6)(B). Pub. L. 100–203, § 8003(f), struck out “and” before “contract authority” and inserted provision whereby the authority to provide insurance through the Federal Housing Administration Fund be continued.

Statutory Notes and Related SubsidiariesEffective 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).”

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 adjustments 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 adjustments of nondefense category for fiscal year 1999, discretionary category for fiscal year 2000, and discretionary 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 highway category is—“(1) for fiscal year 2005, $35,164,292,000;“(2) for fiscal year 2006, $37,220,843,903;“(3) for fiscal year 2007, $39,460,710,516;“(4) for fiscal year 2008, $40,824,075,404;“(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 limitations for the mass transit category is—“(1) for fiscal year 2005, $7,646,336,000;“(2) for fiscal year 2006, $8,622,931,000;“(3) for fiscal year 2007, $8,974,775,000;“(4) for fiscal year 2008, $9,730,893,000;“(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 obligation limitations.”

Similar provisions for prior fiscal years were contained 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.

Notes of Decisions

Cited in 20 cases (4 in the last 5 years), 1986–2026 · leading case: Clinton v. City of New York, 524 U.S. 417 (1998).

Sort: Relevance Newest Treatment

Clinton v. City of New York, 524 U.S. 417 (1998). · cites it 3× “714 (1986), we addressed the *466 constitutionality of the Balanced Budget and Emergency Deficit Control Act of 1985, 2 U. S. C. § 901 et seq. (1982 ed., Supp.”

Bowsher v. Synar, 478 U.S. 714 (1986). · cites it 2× “1038, 2 U. S. C. § 901 et seq. (1982 ed., Supp.”

McInnish v. Riley, 925 So. 2d 174 (Ala. 2005). · cites it 2× “1038, 2 U.S.C. § 901 et seq. (1982 ed., Supp. III), popularly known as the `Gramm-Rudman-Hollings Act.”

Schisler v. State, 907 A.2d 175 (Md. 2006). “In relation to the appointment and removal of Executive officers, the Supreme Court, in Bowsher , held that the “Gramm-Rudman-Hollings Act” codified as 2 U.S.C. § 901 et seq. was unconstitutional.”

Carmel Valley Fire Prot. Dist. v. State, 20 P.3d 533 (Cal. 2001). “The Bowsher case involved the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. § 901 et seq.), which, when federal deficit spending exceeded a certain limit, required the United States Comptroller General to identify budget reductions that the President was…”

State of California v. Donald Trump, 963 F.3d 926 (9th Cir. 2020). “The fact that the amounts in that fund are designated as funds for “Overseas Contingency Operations/Global War on Terrorism” for purposes of calculating budgetary caps under § 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, 2 U.S.C. § 901…”

Nat'l Ass'n of Counties v. James A. Baker, Iii, Sec'y of the Treasury, 842 F.2d 369 (D.C. Cir. 1988). · cites it 2× “1037, codified at 2 U.S.C. § 901 et seq. (Supp. IV 1986), popularly known as “Gramm-Rudman-Holl-ings.”

Snyder v. Dep't of the Navy, 854 F.3d 1366 (Fed. Cir. 2017). “1038, which is codified in pertinent part at 2 U.S.C. §§ 901 et seq. The amendments established spending limits for agencies of the federal government and required automatic "sequestration” under certain statutory conditions.”

Berlin v. Dep't of Labor, 772 F.3d 890 (Fed. Cir. 2014). “1038, codified in pertinent part at 2 U.S.C. § 901 et seq. The amendments established spending limits for agencies of the federal government and required automatic reduction of spending (“sequestration” or “sequester”) under certain statutory conditions, implemented under…”

In Re Sealed Case, 829 F.2d 50 (D.C. Cir. 1987). “1037 , 2 U.S.C.A. § 901 et seq. (West Supp.1987)).”

Nat'l Fed'n of Fed. Employees, Local 1442 v. Dep't of the Army, 810 F.3d 1272 (Fed. Cir. 2015). “1038, which is codified in pertinent part at 2 U.S.C. § 901 et seq. The amendments established spending limits for agencies of the federal government and required automatic “sequestration” under certain statutory conditions.”

Almond v. Rhode Island Lottery Comm'n, 756 A.2d 186 (R.I. 2000). · cites it 2× “2d 583 (1986),(invalidating a provision in the federal Balanced Budget and Emergency Deficit Control Act of 1985, 2 U.S.C. §§ 901 to 922, popularly known as the "Gramm-Rudman-Hollings Act," that delegated power to the Comptroller General to forecast the budget deficit and to…”

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