BBA 2013 (Contents)

Bipartisan Budget Act of 2013

Section 101

TITLE I—BUDGET ENFORCEMENT

Subtitle A—Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985

Sec. 101. Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985.

(a) Revised Discretionary Spending Limits.—Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking paragraphs (1) through (10) and inserting the following new paragraphs:

“(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, $577,000,000,000 in new budget authority; and

“(B) for the revised nonsecurity category, $530,000,000,000 in new budget authority;

“(4) for fiscal year 2017—

“(A) for the revised security category, $590,000,000,000 in new budget authority; and

“(B) for the revised nonsecurity category, $541,000,000,000 in new budget authority;

“(5) for fiscal year 2018—

“(A) for the revised security category, $603,000,000,000 in new budget authority; and

“(B) for the revised nonsecurity category, $553,000,000,000 in new budget authority;

“(6) for fiscal year 2019—

“(A) for the revised security category, $616,000,000,000 in new budget authority; and

“(B) for the revised nonsecurity category, $566,000,000,000 in new budget authority;

“(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;”.

(b) Direct Spending Adjustments For Fiscal Years 2014 and 2015.— (1) Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, as redesignated by subsection (d), is amended by adding at the end the following new paragraph:

“(10) Implementing Direct Spending Reductions for Fiscal Years 2014 and 2015.— (A) OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 251(c) revising the discretionary spending limits for fiscal years 2014 and 2015 by the Bipartisan Budget Act of 2013.

“(B) Paragraph (5)(B) shall not be implemented for fiscal years 2014 and 2015.”.

(2) Paragraph (5)(B) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, as redesignated by subsection (d)(2)(C) of this section, is amended by striking “On” and inserting “Except as provided by paragraph (10), on”.

(c) Extension of Direct Spending Reductions For Fiscal Years 2022 and 2023.—Paragraph (6), as redesignated by subsection (d)(2)(C) of this section, of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting “(A)” before “On the date” and by adding at the end the following new subparagraph:

“(B) On the dates OMB issues its sequestration preview reports for fiscal year 2022 and for fiscal year 2023, pursuant to section 254(c), the President shall order a sequestration, effective upon issuance such that—

“(i) the percentage reduction for nonexempt direct spending for the defense function is the same percent as the percentage reduction for nonexempt direct spending for the defense function for fiscal year 2021 calculated under paragraph (3)(B); and

“(ii) the percentage reduction for nonexempt direct spending for nondefense functions is the same percent as the percentage reduction for nonexempt direct spending for nondefense functions for fiscal year 2021 calculated under paragraph (4)(B).”.

(d) Conforming Amendments.—Part C of title II of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended—

(1) in section 250(c)(4) (2 U.S.C. 900(c)(4)), by adding at the end the following:

“(D) The term ‘revised security category’ means discretionary appropriations in budget function 050.

“(E) The term ‘revised nonsecurity category’ means discretionary appropriations other than in budget function 050.

“(F) The term ‘category’ means the subsets of discretionary appropriations in section 251(c). Discretionary appropriations in each of the categories shall be those designated in the joint explanatory statement accompanying the conference report on the Balanced Budget Act of 1997. New accounts or activities shall be categorized only after consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate and that consultation shall, to the extent practicable, include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to new accounts or activities.”; and

(2) in section 251A (2 U.S.C. 901a)—

(A) by striking, in the matter preceding paragraph (1), “Unless” through “as follows:” and inserting the following: “Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:”;

(B) by striking paragraphs (1) and (2);

(C) by redesignating paragraphs (3) through (11) as paragraphs (1) through (9), respectively;

(D) in paragraph (2), as redesignated, by striking “paragraph (3)” and inserting “paragraph (1)”;

(E) in paragraph (3), as redesignated, by striking “paragraph (4)” each place it appears and inserting “paragraph (2)”;

(F) in paragraph (4), as redesignated, by striking “paragraph (4)” each place it appears and inserting “paragraph (2)”;

(G) in paragraph (5), as redesignated—

(i) by striking “paragraph (5)” each place it appears and inserting “paragraph (3)”; and

(ii) by striking “paragraph (6)” each place it appears and inserting “paragraph (4)”;

(H) in paragraph (6), as redesignated—

(i) by striking “paragraph (4)” and inserting “paragraph (2)”; and

(ii) by striking “paragraphs (5) and (6)” and inserting “paragraphs (3) and (4)”;

(I) in paragraph (7), as redesignated—

(i) by striking “paragraph (8)” and inserting “paragraph (6)”; and

(ii) by striking “paragraph (6)” each place it appears and inserting “paragraph (4)”; and

(J) in paragraph (9), as redesignated, by striking “paragraph (4)” and inserting “paragraph (2)”.

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Counsel Notes

Committee Print STATEMENT (BBA 2013)

The House Committee on the Budget issued a Committee Print for the Bipartisan Budget Act of 2013 (113th Congress). It included this description:

SUBTITLE A—AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985

Sec. 101. Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985.1

The limits on discretionary spending are established in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA). The limits are subdivided in each fiscal year through 2021 into two categories: revised security category and revised nonsecurity category. The revised security category is defined to be the National Defense budget function (Function 050) which includes funding for the Department of Defense, the nuclear weapons-related work of the Department of Energy, intelligence-related activities, and the national security elements of the Departments of Commerce, Justice, Homeland Security, and several independent agencies. The Department of Defense (including the intelligence programs) usually receives over 95 percent of the budget authority in this function.

The revised nonsecurity category comprises discretionary spending not contained in the revised security category.

Subsection 101(a) amended section 251(c) of BBEDCA to increase the limits on discretionary spending for fiscal years 2014 and 2015. The revised levels for each category are shown in Table 1.

In addition to the limits on discretionary spending, section 251A of BBEDCA also includes a sequester of direct spending, the size of which interacts with the discretionary spending levels.

Subsection 101(b) provides for the implementation of the sequester of direct spending as if the amendments in subsection 101(a) had not been made. The President is required by law to implement the sequester of direct spending ordered on April 10, 2013 (as corrected on May 20, 2013) and the one in the Sequestration Preview Report for Fiscal Year 2015 as if the amendments in subsection 101(a) had not been made.

Subsection 101(c) reduces spending by $28 billion by requiring the President to sequester the same percentage of direct spending in 2022 and 2023 as will be sequestered in 2021.

Subsection 101(d) makes various conforming changes.

Bipartisan Budget Act of 2013: Committee Print to Accompany H.J. Res. 59, House Committee on the Budget (113th Congress, 2d Session) February 2014.

References

Section 101 of Pub. L. 113–67; 127 Stat. 1165; Dec. 26, 2013; H.J. Res. 59 (113th Congress)

Committee Print of the Bipartisan Budget Act of 2013 (House Budget Committee) February 2014

CRS – Provisions in the Bipartisan Budget Act of 2013 as an Alternative to a Traditional Budget Resolution (R43535) May 8, 2014

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Legislative History Notes

Public Laws

Bipartisan Budget Act of 2013 – Pub. L. 113–67; 127 Stat. 1165; Dec. 26, 2013; H.J. Res. 59 (113th Congress)

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