2 USC 901 - Enforcing discretionary spending limits

United States Code

USC most recently checked for updates: Jan 23, 2025

§ 900. Statement of budget enforcement through sequestration; definitions

§ 901a. Enforcement of budget goal

U.S. Code
Notes

§ 901.

Enforcing discretionary spending limits

(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 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 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.

(C)

Assumptions and guidelines

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 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 sequestration report and subsequent budgets submitted by the President under section 1105(a) of title 31 shall include 1

 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 terrorism

If, for any fiscal year, appropriations for discretionary accounts are enacted that—

(i)

the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or

(ii)

the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates,

the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable.

(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 general

If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for grants to States under section 306 of the Social Security Act [42 U.S.C. 506], then the adjustment for that fiscal year shall be the additional new budget authority provided in that Act for such grants for that fiscal year, but shall not exceed—

(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 authority

If, for fiscal years 2020 through 2027, a bill or joint resolution making appropriations for a fiscal year is enacted that provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed—

(I)

for fiscal year 2020, $2,250,000,000;

(II)

for fiscal year 2021, $2,350,000,000;

(III)

for fiscal year 2022, $2,450,000,000;

(IV)

for fiscal year 2023, $2,550,000,000;

(V)

for fiscal year 2024, $2,650,000,000;

(VI)

for fiscal year 2025, $2,750,000,000;

(VII)

for fiscal year 2026, $2,850,000,000; and

(VIII)

for fiscal year 2027, $2,950,000,000.

(ii)

Definitions

In 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 operations

The term “wildfire suppression operations” means the emergency and unpredictable aspects of wildland firefighting, including—

(aa)

support, response, and emergency stabilization activities;

(bb)

other emergency management activities; and

(cc)

the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.

(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 limit

As 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; 2

 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 general

Subject to paragraph (3), if on or after January 1, 2024, there is in effect an Act making continuing appropriations for part of fiscal year 2024 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(9) for fiscal year 2024 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:

(A)

For the revised security category, the amount that is equal to the total budget authority for such category for base funding, as published in the Congressional Budget Office cost estimate for the applicable appropriations Acts for the preceding fiscal year (table 1–S of H.R. 2617, published on December 21, 2022), reduced by one percent.

(B)

For the revised non-security 3

 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 order

If the conditions specified in paragraph (1) are met during fiscal year 2024, the final sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order pursuant to section 904(f)(5) of this title shall be issued on the earlier of—

(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 general

Subject to paragraph (3), if on or after January 1, 2025, there is in effect an Act making continuing appropriations for part of fiscal year 2025 for any discretionary budget account, the discretionary spending limits specified in subsection (c)(10) for fiscal year 2025 shall be adjusted in the final sequestration report, in accordance with paragraph (2), as follows:

(A)

for the revised security category, the amount calculated for such category in section 4

 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 order

If the conditions specified in paragraph (1) are met during fiscal year 2025, the final sequestration report for such fiscal year pursuant to section 904(f)(1) of this title and any order pursuant to section 904(f)(5) of this title shall be issued on the earlier of—

(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.)

cite as: 2 USC 901