BBEDCA (Contents)

Balanced Budget and Emergency Deficit Control Act of 1985

Section 251

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Title II—Deficit Reduction Procedures 

PART C—EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT
sec. 251. 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 255(f), each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 255(f) 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) Lookback.—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 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 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, United States Code, 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 254(e), (f), or (g) 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, United States Code, shall include 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; and

(X) for fiscal year 2021, $1,302,000,000 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; and

(X) for fiscal year 2021, $496,000,000 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 2012 through 2021, 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 the date of enactment of the Wildfire Suppression Funding and Forest Management Activities Act);[1] 

(II) 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

(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 the date of the enactment of the Wildfire Suppression Funding and Forest Management Activities Act.[2]

(iii) For the purposes of this subparagraph, the term “disaster relief” means activities carried out pursuant to a determination under section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)).[3]

(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.[4]

(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[5] 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; and

(IV) for fiscal year 2021, 83,000,000.

(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,[6] 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, United States Code, 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.

(c) Discretionary Spending Limit.—As used in this part, 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, $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, $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, $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;

as adjusted in strict conformance with subsection (b).

 

 

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Section 251A (BBEDCA)

 Counsel Notes 
Codification

 This section is classified to the U.S. Code at 2 U.S.C. 901.

House Treatment of OCO/GWOT

In the House, the concurrent resolution on the budget, as deemed in force, H. Con. Res. 25 (109th Congress), provided for a separate allocation for this purpose that acted as other allocations under section 302(a) of the Congressional Budget Act of 1974. Other budget resolutions have included the same or similar language:

“Sec. 609. Separate Allocation for Overseas Contingency Operations/Global War on Terrorism.

“(a) Allocation.—In the House, there shall be a separate allocation to the Committee on Appropriations for overseas contingency operations/global war on terrorism. For purposes of enforcing such separate allocation under section 302(f) of the Congressional Budget Act of 1974, the “first fiscal year” and the “total of fiscal years” shall be deemed to refer to fiscal year 2014. Such separate allocation shall be the exclusive allocation for overseas contingency operations/global war on terrorism under section 302(a) of such Act. Section 302(c) of such Act shall not apply to such separate allocation. The Committee on Appropriations may provide suballocations of such separate allocation under section 302(b) of such Act. Spending that counts toward the allocation established by this section shall be designated pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

“(b) Adjustment.—In  the House, for purposes of subsection (a) for fiscal year 2014, no adjustment shall be made under section 314(a) of the Congressional Budget Act of 1974 if any adjustment would be made under section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Endnotes

[1] The Wildfire Suppression Funding and Forest Management Activities Act was enacted on March 23, 2018.

[2] The Wildfire Suppression Funding and Forest Management Activities Act was enacted on March 23, 2018. This report requirement supplanted a previous report required by the Budget Control Act of 2011, which was to be submitted by the Office of Management and Budget within thirty days of that Act’s enactment. The report submitted pursuant to the BCA: OMB – Report on Disaster Relief Funding to the Committees on Appropriations and the Budget of the U.S. House of Representatives and the Senate (September 1, 2011) [PDF]

[3] Section 102(2) of the Robert T. Stafford Disaster Relief Act (42 U.S.C. 5122(2)) reads as follows:

(2) Major Disaster.—’Major disaster’ means any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under this chapter to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

[4] Subparagraph (E) was added by section 30206 of the Bipartisan Budget Act of 2018 (Pub. L. 115-123). This section of the BBA 2018 created a new program related to providing grants to states for employment services eligibility assessments. The program created both an adjustment to this section, and also to section 314 of the Congressional Budget Act of 1974, which corresponds to adjustments in the Congressional budget enforcement procedures.  

[5] The fiscal years listed in subclauses I through IV for fiscal years 2018 through 2021 are for the period of the remaining years for which discretionary spending limits are set. In section 314(g) (CBA), under which adjustments are authorized to be made to congressional budget allocations of discretionary budget authority, adjustments are set for fiscal years 2022 through 2027 as follows:

(i) for fiscal year 2022, $133,000,000;
(ii) for fiscal year 2023, $258,000,000;
(iii) for fiscal year 2024, $433,000,000;
(iv) for fiscal year 2025, $533,000,000;
(v) for fiscal year 2026, $608,000,000; and
(vi) for fiscal year 2027, $633,000,000.

[6] The fiscal years range from fiscal year 2020 through 2027, but the last year in subsection (c) for which there is a discretionary spending limit is fiscal year 2021. This may have been done for (1) political reasons to demonstrate a commitment for a full ten-year funding period, or (2) an expectation the spending limits will be extended at some point in the future, and the limits will have already been set; perhaps both. 

Adjustments to Discretionary Spending Limits

The discretionary spending were first established in the Budget Enforcement Act of 1990, and though Congress has the responsibility to determine the purpose of discretionary spending“, and the amount to the purpose.  Despite this, specific purposes have been written into the law to attempt to assure, or mandate, guarantee, a certain level of funding for a particular program or policy area. Two method have been used to implement this: Separate categories within the spending limits, and “adjustments” to the limits.

Adjustments  took the form of allowing spending to be provided, but then requiring OMB to adjust the spending limits upward by that amount.   These grew to include such things as adoption incentive payments and the earned income tax credit compliance initiative.

Separate “categories” are not spending within the general spending limit, but rather alongside it, so that with a separate cap, the spending to that purpose did not count against the overall discretionary spending limits but rather were viewed independently. Different categories were established for policy areas like defense, non-defense, international, transportation, and conservation.


Legislative History Notes
Public Laws 

Pub. L. 115-141; 132 Stat. 348; March 23, 2018; H.R. 1625 (115th Congress) (Consolidated Appropriations Act, 2018)   See also §102 and §104 of Division O, 132 Stat. 348, March 23, 2018

Pub. L. 115-123, §30106, 32 Stat. 64; February 9, 2018; H.R. 1892, as Enrolled (Bipartisan Budget Act of 2018) See section 30106(c) of BBA 2018.

Pub. L. 114–74, title I, §101(a), title VIII, §815, Nov. 2, 2015, 129 Stat. 585  (Bipartisan Budget Act of 2015).[24]

Pub. L. 114–113, div. O, title X, §1003, Dec. 18, 2015, 129 Stat. 3035 (Consolidated Appropriations Act, 2016).[25]

Pub. L. 113–67, div. A, title I, §101(a), Dec. 26, 2013, 127 Stat. 1166 (Bipartisan Budget Act of 2013). [23]

Pub. L. 112–25, title I, §101, Aug. 2, 2011, 125 Stat. 241 (Budget Control Act of 2011).[21]

Pub. L. 112–240, title IX, §901(d)(1), Jan. 2, 2013, 126 Stat. 2370 (American Taxpayer Relief Act of 2012).[22]

Pub. L. 109–59, title VIII, §§8001(a), 8002, Aug. 10, 2005, 119 Stat. 1915 , 1916 (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users). [20]

Pub. L. 108–88, §10(a), (b), Sept. 30, 2003, 117 Stat. 1127 (Surface Transportation Extension Act of 2003).[18]

Pub. L. 108–310, §10(a), (b), Sept. 30, 2004, 118 Stat. 1160 (Surface Transportation Extension Act of 2004, Part V).[19]

Pub. L. 107–117, div. C, §101(a), Jan. 10, 2002, 115 Stat. 2341 (Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002).[17]

Pub. L. 106–429, §101(a) [title VII, §701(a)], Nov. 6, 2000, 114 Stat. 1900, page 1900A-64 (Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001).[16]

Pub. L. 106–291, title VIII, §801(a), (b), Oct. 11, 2000, 114 Stat. 1026, page 1027 (Department of the Interior and Related Agencies Appropriations Act, 2001).[15]

Pub. L. 105–89, title II, §201(b)(1), Nov. 19, 1997, 111 Stat. 2125 (Adoption and Safe Families Act of 1997).[13]

Pub. L. 105–33, title X, §10203(a), (b), Aug. 5, 1997, 111 Stat. 698 , page 701 (Budget Enforcement Act of 1997).[12]

Pub. L. 105–178, title VIII, §8101(a), (d), June 9, 1998, 112 Stat. 488, page 490 (Transportation Equity Act for the 21st Century).[14]

Pub. L. 104–208, div. A, title I, §101(c) [title V, §577], Sept. 30, 1996, 110 Stat. 3009–121 , pages 3009-169 (Omnibus Consolidated Appropriations Act, 1997).[11]

Pub. L. 104–193, title II, §211(d)(5)(B), Aug. 22, 1996, 110 Stat. 2191 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996).[10]

Pub. L. 104–121, title I, §103(b), Mar. 29, 1996, 110 Stat. 848 (Contract with America Advancement Act of 1996).[9]

Pub. L. 103–87, title V, §571, Sept. 30, 1993, 107 Stat. 971 (Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994).[6]

Pub. L. 103–66, title XIV, §14002(c)(1), Aug. 10, 1993, 107 Stat. 683 (285 (311)-685(711)) (Omnibus Budget Reconciliation Act of 1993).[5]

Pub. L. 103–354, title I, §119(d)(1), Oct. 13, 1994, 108 Stat. 3208 (Federal Crop Insurance Reform and Department of Agriculture Reauthorization Act of 1994).[8]

Pub. L. 103–306, title V, §562, Aug. 23, 1994, 108 Stat. 1649 (Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995).[7]

Pub. L. 101–508, title XIII, §13101(a), (e)(2), Nov. 5, 1990, 104 Stat. 1388–577 , 1388-593 (Budget Enforcement Act of 1990).[4]

Pub. L. 100–203, title VIII, §8003(f), Dec. 22, 1987, 101 Stat. 1330–282 (Omnibus Budget Reconciliation Act of 1987).[3]

Pub. L. 100–119, title I, §102(a), Sept. 29, 1987, 101 Stat. 754 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).[2]

Pub. L. 99–177, title II, §251, Dec. 12, 1985, 99 Stat. 1063 (Balanced Budget and Emergency Deficit Control Act of 1985).[1]

References in Text and code citations

The Social Security Act, referred to in subsection (b)(2)(B)(i), is from Aug. 14, 1935, ch. 531, 49 Stat. 620. In the Act, titles II and XVI are classified to the U.S. Code generally to subchapters II (§401 et seq.) and XVI (§1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare.

Redisgnation

The Budget Enforcement Act of 1990 (Pub. L. 101–508, §13101(e)(2)) redesignated former subsection (a)(6)(I) of this section as section 257(e) of Pub. L. 99–177. 

Amendments 
2018

Consolidated Appropriations, Fiscal Year 2018

The CAA 2018 created a program adjustment for Wildfire Suppression, thereby increasing spending by a set amount each year if an appropriation Act provides that amount of spending. The spending adjustments extend through fiscal year 2017 even though the spending limits themselves expire in section 2021. Also, unlike the additional adjustment added by the BBA 2018, no corresponding adjustment is specifically written into section 314 of the Congressional Budget Act of 1974.

Bipartisan Budget Act of 2018

Subsection (b)(2). Creation of Adjustment for Reemployment services and eligibility assessments. 

Section 30106(c) of BBA 2018 established a new adjustment for the discretionary spending limits by adding a new subparagraph (E) after paragraph (2) for reemployment  services, which is intended to expedite finding new employment for those newly unemployed. The adjustment is also intended to assure those receiving such assistance remain eligible.

Subsection (c). Discretionary Spending Limits, paragraphs (5)(A) and (B), and (6(A) and (B)

The BBA 2018 amended subsection (c) by replacing the discretionary spending limits for fiscal year 2018 and fiscal year 2019. It  amended both the “revised security category” and “revised nonsecurity category” for each year. Before being amended, paragraphs (5) and (6) read as follows:

(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;

2015

Bipartisan Budget Act of 2015

Subsection (c)(2) and (3). 

Pub. L. 114–74 (BBA 2015) amended paragraphs (2) and (3) generally. Prior to this amendment, paragraphs (2) and (3) read as follows:

(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;

2013 

Bipartisan Budget Act of 2013

Subsection (c) 

Pub. L. 113–67 (Bipartisan Budget Act of 2013struck out paragraphs (1) to (10),  which defined the discretionary spending limits for fiscal years 2012 to 2021. That Act replaced them with paragraphs (1) to (8). This had the effect of repealing the fiscal years that had already past, revising the amounts for fiscal years 2014 and 2015, and conforming subsection (c) as it had been revised by section 251A.

2012

American Taxpayer Relief Act of 2012

Subsection (c)(2) and (3). 

Pub. L. 112–240 (American Taxpayer Relief Act of 2012) amended paragraphs (2) and (3) generally. Prior to amendment, paragraphs (2) and (3) were amended by the BCA section 251(c) to 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 (BCA 2011) amended section generally. Prior to the amendments made by this law, the Budget Control Act of 2011, this section related to enforcing discretionary spending limits. See Changes in Existing Law for Section 251 (BBEDCA) Made by the BCA.

 2005 

Subsection (b)(1)(B) to (E).

Pub. L. 109–59, §8002, (SAFETEA-LU 1997) reenacted heading of subparagraph (B) without change and amended text of subparagraphs (B) to (E) generally. Prior to amendment, subparagraph (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, subparagraph (C) provided for additional adjustments required in budget submissions for fiscal years 2000 through 2003, subparagraph (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 subparagraph (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.

Subsection (c).

Pub. L. 109–59, §8001(a) (SAFETEA-LU 1997) added paragraphs (1) to (5), redesignated former paragraphs (2) to (9) as (6) to (13), respectively, and struck out former paragraph (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

Subsection (b)(2).

Pub. L. 108–310, §10(a) (STEA 2004), which directed amendment of paragraph (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.

Subsection (c).

Pub. L. 108–310, §10(b) (STEA 2004), which directed the amendment of subsection (c) by redesignating paragraph (8) as paragraph (1), substituting “with respect to fiscal year 2005-” for “with respect to fiscal year 2005” and adding subparagraphs (A) and (B) in paragraph (1), redesignating remaining provisions of paragraph (1) as subparagraph (C), redesignating paragraphs (9) to (16) as (2) to (9), respectively, and striking out former paragraphs (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) (STEA 2003). See 2003 Amendment notes below. 

2003

Subsection (b)(2).

Pub. L. 108–88, §10(a) (STEA 2003), struck out “through 2002” after “succeeding year” in introductory provisions. 

Subsection (c)(1).

Pub. L. 108–88, §10(b)(1) (STEA 2003), redesignated paragraph (8) as (1), substituted “with respect to fiscal year 2004-” for “with respect to fiscal year 2004”, added subparagraphs (A) and (B), redesignated remaining provisions of paragraph (1) as subparagraph (C), and struck out former paragraph (1), which defined “discretionary spending limit” with respect to fiscal year 1997.

Subsection (c)(2) to (16).

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

2002

Subsection (c)(6)(A).

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

Subsection (c)(6)(C).

Pub. L. 107–117, §101(a)(2) (ESA 2002), struck out second “and” at end.

Subsection (c)(6)(D).

Pub. L. 107–117, §101(a)(3) (ESA 2002), substituted $1,473,000,000” for “$1,232,000,000”. 

2000 

Subsection (b)(2)(H).

Pub. L. 106–291, §801(b) (DOI App. 2001), added subparagraph (H).

Subsection (c)(5)(A).

Pub. L. 106–429 (For. Ops. App. 2001) enacted the text of H.R. 5526 as introduced in the 106th  Congress.  Section 701 of that Act revised the fiscal year 2001 discretionary spending limit  by striking subparagraph (A), which read as follows:

“for the discretionary category: $542,032,000,000 in new budget authority and $564,396,000,000 in outlays;”.

and inserting the following:

‘‘for the discretionary category: $637,000,000,000 in new budget authority and $612,695,000,000 in outlays;’’.

Subsection (c)(6)(D).

Pub. L. 106–291 (DOI App. 2001), §801(a)(1), added subparagraph (D).

Subsection (c)(7)(C).

Pub. L. 106–291, §801(a)(2) (DOI App. 2001), added subparagraph (C).

Subsection (c)(8) to (16).

Pub. L. 106–291, §801(a)(3) (DOI App. 2001), added paragraphs (8) to (16). 

1998 

Subsection (b)(1).

Pub. L. 105–178, §8101(d) (TEA21), designated existing provisions as subparagraph (A), inserted heading, and added subparagraphs (B) to (E).

Subsection (c)(3)(D), (E).

Pub. L. 105–178, §8101(a)(1) (TEA21), added subparagraphs (D) and (E).

Subsection (c)(4)(C), (D).

Pub. L. 105–178, §8101(a)(2) (TEA21), added subparagraphs (C) and (D).

Subsection (c)(5).

Pub. L. 105–178, §8101(a)(3) (TEA21), substituted a dash for comma after “2001”, designated remaining provisions as subparagraph (A), realigned margins, struck out “and” at end, and added subparagraphs (B) and (C).

Subsection (c)(6).

Pub. L. 105–178, §8101(a)(4) (TEA21), substituted a dash for comma after “2002”, designated remaining provisions as subparagraph (A), realigned margins, and added subparagraphs (B) and (C).

Subsection (c)(7).

Pub. L. 105–178, §8101(a)(5) (TEA21), added paragraph (7). 

1997 

Subsection (a).

Pub. L. 105–33, §10203(a)(1) (BEA 1997), struck out “Fiscal Years 1991–1998” before “Enforcement” in heading.

Subsection (a)(3).

Pub. L. 105–33, §10203(a)(2) (BEA 1997), substituted “section 905(f)” for “section 905(h)” in two places.

Subsection (a)(7).

Pub. L. 105–33, §10203(a)(3) (BEA 1997), added paragraph (7) and struck out the heading and the text of former paragraph (7). The text that struck out 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.”

Subsection (b).

Pub. L. 105–33, §10203(a)(4) (BEA 1997), added subsection (b) and struck out the heading and repealed the text of former subsection (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.

Subsection (b)(2)(G).

Pub. L. 105–89 (ASFA 1997) added subparagraph (G). Subparagraph (G) was a program adjustment for Adoption Incentive payments. This subparagraph was repealed by the Budget Control Act of 2011 (Pub. L. 112-25) when it amended subsection (b) generally.

Subsection (c).

Pub. L. 105–33, §10203(b) (BEA 1997), added subsection (c). (See Title X of the Balanced Budget Act of 1997)

1996 

Subsection (b)(2)(G).

Pub. L. 104–208 (Omnibus Consolidated Appropriations, Fiscal Year 1997) substituted “fiscal years 1994, 1995, and 1997” for “fiscal year 1994 and 1995” in two places. The Budget Enforcement Act of 1997 (Title X of Pub. L. 105–33) repealed this subparagraph [subsection (b)(2)(G)] in 1997 when it .

Subsection (b)(2)(H).

Pub. L. 104–121 (Contract With America Act of 1996) added subparagraph (H).The Budget Enforcement Act of 1997 (Title X of Pub. L. 105–33) repealed this subparagraph [subsection (b)(2)(H)] in 1997.

Subsection (b)(2)(H)(i).

Pub. L. 104–193, §211(d)(5)(B)(i) (Personal Responsibility and Work  Opportunity Reconciliation Act of 1996 (Welfare Reconciliation Law of 1996)), substituted “$175,000,000” for “$25,000,000” and “$310,000,000” for “$160,000,000” in subclause (II), and “$245,000,000” for “$145,000,000” and “$470,000,000” for “$370,000,000” in subclause (III).

Subsection (b)(2)(H)(ii)(I).

Pub. L. 104–193, §211(d)(5)(B)(ii)(Personal Responsibility and Work  Opportunity Reconciliation Act of 1996 (Welfare Reconciliation Law of 1996)), amended subclause (I) generally. Prior to amendment, subclause (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

Subsection (b)(2)(D)(i).

Pub. L. 103–354 (Crop Insurance Act 1994) inserted at end “This subparagraph shall not apply to appropriations to cover agricultural crop disaster assistance.”

Subsection (b)(2)(G).

Pub. L. 103–306 (Foreign Ops 1995) substituted “1994 and 1995” for “1994” in two places. 

1993 

Subsection (a).

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

Subsection (b)(1).

Pub. L. 103–66, §14002(c)(1)(B)(i) (OBRA 1993), in introductory provisions, substituted “1995, 1996, 1997, or 1998” for “or 1995” and “outyear through 1998” for “outyear through 1995”.

Subsection (b)(1)(B)(iii).

Pub. L. 103–66, §14002(c)(1)(B)(ii) (Omnibus Budget Reconciliation Act of 1993), added clause (iii).

Subsection (b)(2).

Pub. L. 103–66, §14002(c)(1)(B)(iii) (Omnibus Budget Reconciliation Act of 1993), in introductory provisions, substituted “1995, 1996, 1997, or 1998” for “or 1995” and “year through 1998” for “year through 1995”.

Subsection (b)(2)(D)(i).

Pub. L. 103–66, §14002(c)(1)(B)(iv) (Omnibus Budget Reconciliation Act of 1993), substituted “for any fiscal year,” for “for fiscal year 1991, 1992, 1993, 1994, or 1995,”.

Subsection (b)(2)(E)(iv).

Pub. L. 103–66, §14002(c)(1)(B)(v) (Omnibus Budget Reconciliation Act of 1993), added clause (iv).

Subsection (b)(2)(F).

Pub. L. 103–66, §14002(c)(1)(B)(vi) (Omnibus Budget Reconciliation Act of 1993), 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”.

Subsection (b)(2)(G).

Pub. L. 103–87 (Foreign Ops 1994) added subparagraph (G). 

1990 

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

Subsection (a)(6)(I).

Pub. L. 101–508 §13101(e)(2) (Budget Enforcement Act of 1990), redesignated subsection (a)(6)(I) of this section as section 907(e) of this title. 

1987 

Pub. L. 100–119 (Balanced Budget and Emergency  Deficit Control Reaffirmation Act of 1987) amended section generally, substituting provisions consisting of subsections (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 subsections (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.

Subsection (a)(6)(B).

Pub. L. 100–203, §8003(f) (Omnibus Budget Reconciliation Act of 1987), struck out “and” before “contract authority” and inserted provision whereby the authority to provide insurance through the Federal Housing Administration Fund be continued. 

Effective Date of 1997 Amendment

The amendment made by Pub. L. 105–89 (ASFA 1997) (effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89 (ASFA 1997), 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 (Crop Insurance Act 1994), 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 (Consolidated Appropriations Act, 2000) 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 (TEA 21), 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 (SAFETEA-LU), as amended by Pub. L. 111–147, title IV, §446(a), (b), Mar. 18, 2010, 124 Stat. 95 , 96 (Hiring Incentives to Restore Employment Act):

SEC. 446. LEVEL OF OBLIGATION LIMITATIONS.

(a) Highway Category.—Section 8003(a) of the SAFETEA-LU (2 U.S.C. 901 note; 119 Stat. 1917) is amended—

(1) in paragraph (4), by striking “and” at the end;

(2) in paragraph (5), by striking the period at the end and inserting “; and’”; and

(3) by adding at the end the following:

“(6) for the period beginning on October 1, 2009, and ending on September 30, 2010, $42,469,970,178.

“(7) for the period beginning on October 1, 2010, and ending on December 31, 2010, $10,617,492,545.”.

(b) Mass Transit Category.—Section 8003(b) of the SAFETEA-LU (2 U.S.C. 901 note; 119 Stat. 1917) is amended—

(1) in paragraph (4), by striking “and” at the end;

(2) in paragraph (5), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(6) for the period beginning on October 1, 2009, and ending on December 31, 2010, $10,338,065,000.

“(7) for the period beginning on October 1, 2010, and ending on December 31, 2010, $2,584,516,250.”.

Pub. L. 111–322, title II, §2308, Dec. 22, 2010, 124 Stat. 3530 (Continuing Appropriations and Surface Transportation Extensions Act, 2011).

Pub. L. 112–5, title III, §308, Mar. 4, 2011, 125 Stat. 21 (STEA 2011), provided that:

sec. 308. level of obligation limitations.

(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 (TEA 21), as amended by Pub. L. 108–88, §11(a), (b), Sept. 30, 2003, 117 Stat. 1128 (STEA 2003).

Pub. L. 108–310, §11(a), (b), Sept. 30, 2004, 118 Stat. 1161 (STEA Part V 2004).


Public Law Notes

[1] Balanced Budget and Emergency Deficit Control Act of 1985

Summary: This Act (Pub. L. 11-177, 99 Stat. 1063 established section 251 in law. At the time it did not include discretionary spending limits, currently its primary purpose. Upon original enactment, the main subject of the section was setting forth definitions and the baseline. These functions are not found in section 250 and 257, respectively, after having been transferred by the Budget Enforcement Act of 1990.

Public  Law: Pub. L. 99–177, title II, §251

Enacted: Dec. 12, 1985 

Stat. At Large: 99 Stat. 1037

Bill Number: H. J. Res. 372 (99th Congress)

Sponsor: None (introduced pursuant to the Gephardt Rule)

Note: The official title of the measure was “Increasing the Statutory Limit on the Public Debt “

[2] Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987

Summary: Pub. L. 100–119, title I, §102(a), Sept. 29, 1987, 101 Stat. 754; 100 Congress

Public Law: Pub. L. 100–119

Enacted: Sept. 29, 1987

Stat. At Large: 101 Stat. 754

Bill Number: H. J. Res. 324 (100th Congress)

Sponsor: None (introduced pursuant to the Gephardt Rule)

Note: BBEDCRA was  enacted after the Balanced Budget and Emergency  Deficit Control  Act of 1985 was struck down by the U.S. Supreme Court. See Bowsher v. Synar.

[3] Omnibus Budget Reconciliation Act of 1987

Summary: Pub. L. 100–203, title VIII, §8003(f), Dec. 22, 1987, 101 Stat. 1330–282 (Omnibus Budget Reconciliation Act of 1987).

Public Law: Pub. L. 100–203

Enacted:  Dec. 22, 1987

Stat. At Large: 101 Stat. 1330

Bill Number: H.R. 3545 (100th Congress)

Sponsor: Rep. Gray, William H., III [D-PA-2]

Note: This amended section 251 before it was amended to set discretionary spending limits. Originally, it defined various terms (now found in section 250) and included the baseline (now found in section 257). This section of OBRA 1987 modified the definition of “contract authority” to specify the treatment of certain contracts in the Federal House Administration.

[4] Budget Enforcement Act of 1990

Summary: Pub. L. 101–508, title XIII, §13101(a), (e)(2), Nov. 5, 1990, 104 Stat. 1388–577 , 1388-593 (Budget Enforcement Act of 1990).

Public Law: Pub. L. 101–508

Enacted: Nov. 5, 1990

Stat. At Large: 104 Stat. 1388

Bill Number: H.R. 5835

Sponsor:  Rep. Panetta, Leon [D-CA-16]

Note: The BEA 1990 departed from the previous budget law enacted, the Balanced Budget and  Emergency Deficit Reduction Act of 1985, in that it replaced that Act’s emphasis on deficit reduction with deficit management. By establishing discretionary spending limits and the “pay-as-you-go” regimen for direct spending and revenues, it’s  main emphasis was to prevent deficit from becoming larger rather than using the procedure to reduce them.

[5] Omnibus Budget Reconciliation Act of 1993

Summary:  Pub. L. 103–66, title XIV, §14002(c)(1), Aug. 10, 1993, 107 Stat. 683 (Omnibus Budget Reconciliation Act of 1993).

Public Law: Pub. L. 103–66

Enacted: Aug. 10, 1993

Stat. At Large: 107 Stat. 312

Bill Number: H.R. 2264

Sponsor:  Rep. Sabo, Martin Olav [D-MN-5]

Note: Budget law proposed by President William Clinton. See OBRA 1993 – Budget Provisions (Title XIV) .

[6] Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994

Summary:  Pub. L. 103–87, title V, §571, Sept. 30, 1993, 107 Stat. 971 – Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994; H.R. 2295, 103rd Congress, 1st Session.

Public Law: Pub. L. 103-87

Enacted: Sept. 30, 1993

Stat. At Large: 107 Stat. 931

Bill Number: H.R. 2295 (103rd Congress)

Sponsor:  Rep. Obey, David R. [D-WI-7]

Note: Section 581 of this Act provided a  specific  exemption from the discretionary spending limits for fiscal year 1994 appropriations for the net guarantee costs for Pub. L. 102-391 (Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993).

[7] Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995

Summary: Pub. L. 103–306, title V, §562, Aug. 23, 1994, 108 Stat. 1649 (Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995).

Public Law: Pub. L. 103–306

Enacted: Aug. 23, 1994

Stat. At Large: 108 Stat. 1608

Bill Number: H.R. 4426 (103rd Congress, 2nd Session)

Sponsor: Rep. Obey, David R. [D-WI-7]

Note:  Section 562 of this Act modified section 251(b)(2)(G), which removed international loan guarantees to Israel from being subject to the discretionary spending limits by adding “1995” to “1994” — extending it by an additional year. This exemption was later extended for fiscal year 1997 by the Pub. L. 104-208, the Omnibus Consolidated Appropriations Act, 1997.

[8] Federal Crop Insurance Reform and Department of Agriculture Reauthorization Act of 1994

Summary: Pub. L. 103–354, title I, §119(d)(1), Oct. 13, 1994, 108 Stat. 3208 (Federal Crop Insurance Reform and Department of Agriculture Reauthorization Act of 1994).

Public Law: Pub. L. 103–354

Enacted:  Oct. 13, 1994

Stat. At Large: 108 Stat. 3208

Bill Number: H.R. 4217 (103rd Congress)

Sponsor: Rep. de la Garza, E. [D-TX-15]

Note: Section 119(d)(1) of this Act added text stating that section 251(b)(2)(D), which required the discretionary spending limits to be adjusted upward for amounts designated as an emergency, would not apply to crop insurance.

[9] Contract with America Advancement Act of 1996

Summary: Pub. L. 104–121, title I, §103(b), Mar. 29, 1996, 110 Stat. 848 (Contract with America Advancement Act of 1996); H.R. 3136; 104th Congress.

Public Law: Pub. L. 104–121

Enacted: Mar. 29, 1996

Stat. At Large: 110 Stat. 847

Bill Number: H.R. 3136 (104th Congress)

Sponsor: Rep. Archer, Bill [R-TX-7]

Note: This Act included an increase in the Public Debt Limit. It also provided for Continuing Disability Review adjustments from 1996 through 2002 to Congressional committee allocations to parallel the adjustments to the discretionary spending limits in place pursuant to this section (section 251 of BBEDCA).

[10] Personal Responsibility and Work Opportunity Reconciliation Act of 1996 

Summary: Pub. L. 104–193, title II, §211(d)(5)(B), Aug. 22, 1996, 110 Stat. 2191 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996); H.R. 3734, 104th Congress. (The Welfare Reconciliation Act of 1996.)

Public Law: Pub. L. 104–193

Enacted: Aug. 22, 1996

Stat. At Large: 110 Stat. 2105

Bill Number: H.R. 3734 (104th Congress)

Sponsor: Rep. Kasich, John R. [R-OH-12]

Note: This Act was considered by Congress pursuant to section 310 of the Congressional Budget Act of 1974, commonly known as “reconciliation”, and hence was provided for by instructions included in H. Con. Res. 178 (Concurrent Resolution on the Budget for Fiscal Year 1997). The Act is commonly referred to as the “Welfare Bill” or the “Welfare Law”.

[11] Omnibus Consolidated Appropriations Act, 1997

Summary: Pub. L. 104–208, div. A, title I, §101(c) [title V, §577], Sept. 30, 1996, 110 Stat. 3009–121 , 3009-169 (Omnibus Consolidated Appropriations Act, 1997); H.R. 3610, 104th Congress.

Public Law: Pub. L. 104–208

Enacted: Sept. 30, 1996

Stat. At Large: 110 Stat. 3009

Bill Number: H.R. 3610 (104th Congress)

Sponsor: Rep. Young, C. W. Bill [R-FL-10]

Note: Section  577 of the Omnibus Consolidate Appropriation for fiscal year 1997 amended section 251(b)(2)(G) by extending the exemption for  loan guarantees to Israel from the discretionary spending limits to fiscal year 1997. Previously, it had only applied to fiscal year 1994 and 1995. See Pub. L. 103-306 for a prior amendment to this subparagraph (adding fiscal year 1995).

[12] Budget Enforcement Act of 1997

Summary: Pub. L. 105–33, title X, §10203(a), (b), Aug. 5, 1997, 111 Stat. 698 , 701 (Budget Enforcement Act of 1997).

Public Law: Pub. L. 105–33

Enacted: Aug. 5, 1997

Stat. At Large: 111 Stat. 698

Bill Number: H.R. 2015 (105th Congress)

Sponsor: Rep. Kasich, John R. [R-OH-12]

Note: Title X of the Balanced Budget Act of 1997 (Public Law 105-33) is formally referred to as the “Budget Enforcement Act of 1997”. The entire bill is a comprehensive budget agreement between Congress and President William Clinton, concluded in 1997. The Act began as a reconciliation bill, deriving its instructions from the fiscal year 1997 budget resolution (H. Con. Res. 84), and included a substantial reform of the budget statutes, primarily by updating existing provisions rather than creating new procedures.

[13] Adoption and Safe Families Act of 1997

Summary: Pub. L. 105–89, title II, §201(b)(1), Nov. 19, 1997, 111 Stat. 2125 (Adoption and Safe Families Act of 1997).

Public Law: Pub. L. 105–89

Enacted: Nov. 19, 1997

Stat. At Large: 111 Stat. 2115

Bill Number: H.R. 867 (105th Congress)

Sponsor: Rep. Camp, Dave [R-MI-4]

Note: Section 201 of this Act added “Adoption Incentive Payments” as an accepted adjustment to the discretionary spending limits, which allowed increases in that program to cause an upward adjustment in the limits rather requiring them to be offset.

[14] Transportation Equity Act for the 21st Century

Summary: Pub. L. 105–178, title VIII, §8101(a), (d), June 9, 1998, 112 Stat. 488 , 490 (Transportation Equity Act for the 21st Century).

Public Law: Pub. L. 105–178

Enacted: June 9, 1998

Stat. At Large: 112 Stat. 107

Bill Number: H.R. 2400 (105th Congress)

Sponsor: Rep. Shuster, Bud [R-PA-9]

Note: This Act established separate transportation spending limits within the general discretionary spending limits. This was part of an agreement after Chairman Bud Shuster attempted to take transportation “off-budget”. This provided a guaranteed funding level for highway-related programs which were funded from the Highway Trust Fund, which receives receipts from the excise tax on fuel.

[15] Department of the Interior and Related Agencies Appropriations Act, 2001

Summary:  Pub. L. 106–291, title VIII, §801(a), (b), Oct. 11, 2000, 114 Stat. 1026 , 1027 ; H.R. 4578, 106th Congress.

Public Law: Pub. L. 106–291

Enacted: Oct. 11, 2000

Stat. At Large: 114 Stat. 922

Bill Number: H.R. 4578 (106th Congress)

Sponsor: Rep. Regula, Ralph [R-OH-16]

Note: Though this was an Interior Department appropriation bill, it included provisions extending spending limits for transportation. The spending for these programs are anomalous insofar as the budget authority is considered to be direct spending but the outlays are classified as discretionary. The discretionary spending limits also included a level for those outlays and even though the general limits expired after fiscal year 2002, this appropriation measure set transportation limits through fiscal year 2006.   

[16] Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001

Summary: Pub. L. 106–429, §101(a) [title VII, §701(a)], Nov. 6, 2000, 114 Stat. 1900 , 1900A-64 (Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001).

Public Law: Pub. L. 106-429

Enacted: Nov. 6, 2000

Stat. At Large: 114 Stat. 19001900A-64

Bill Number: H.R. 4811 (106th Congress)

Sponsor: Rep. Callahan, Sonny [R-AL-1]

Note:  H.R. 5526, another FY2001 Foreign Operations Appropriations bill, was incorporated and its text included in the H.R. 4811 conference report: H. Rept. 106-997. H.R. 5526 was enacted by reference in sec. 101a of P.L. 106-429. S. 3140, the Kentucky National Forest Land Transfer Act  of 2000, was incorporated in H.R. 5526 as sec. 595 and enacted by reference to H.R. 5526 in sec. 101a of P.L. 106-429.

[17] Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002

Summary: Pub. L. 107–117, div. C, §101(a), Jan. 10, 2002, 115 Stat. 2341 (Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002).  H.R. 3338, 107th Congress. [Note: Division C of Pub. L. 107-117 included a short title: ‘‘Emergency Supplemental Act, 2002’’.

Public LawPub. L. 107–117

Enacted: Jan. 10, 2002 

Stat. At Large:  115 Stat. 2230

Bill Number:  H.R. 3338 (107th Congress)

Sponsor: Rep. Lewis, Jerry [R-CA-40]

Note: Division C of Pub. L. 107-117 included a short title: ‘‘Emergency Supplemental Act, 2002’’.

[18] Surface Transportation Extension Act of 2003

Summary: Pub. L. 108–88, §10(a), (b), Sept. 30, 2003, 117 Stat. 1127 (Surface Transportation Extension Act of 2003); H.R. 3087 (108th Congress).

Public Law:  Pub. L. 108–88

Enacted: Sept. 30, 2003

Stat. At Large: 117 Stat. 1110

Bill Number: H.R. 3087 (108th Congress)

Sponsor:  Rep. Young, Don [R-AK]

Note: The general discretionary spending limits expired at the end of fiscal year 2002, but the specific transportation spending limit continued on after that year since spending levels in Transportation Acts referred to those limits.

[19] Surface Transportation Extension Act of 2004, Part V

Summary: Pub. L. 108–310, §10(a), (b), Sept. 30, 2004, 118 Stat. 1160 (Surface Transportation Extension Act of 2004, Part V).

Public Law: Pub. L. 108–310

Enacted: Sept. 30, 2004

Stat. At Large118 Stat. 1144

Bill Number: H.R. 5183 (108th Congress)

Sponsor:  Rep. Young, Don [R-AK]

Note: Pub. L. 108-310 amended and extended previous transportation funding bills.

[20] SAFETEA-LU (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users)

Summary: Pub. L. 109–59, title VIII, §§8001(a), 8002, Aug. 10, 2005, 119 Stat. 1915 , 1916 (Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users).

Public Law: Pub. L. 109–59

Enacted: Aug. 10, 2005

Stat. At Large: 119 Stat. 1144

Bill Number: H.R. 3 (109th Congress)

Sponsor:  Rep. Young, Don [R-AK]

Note: Though the last general discretionary limit had been set for fiscal year 2002 when this bill was enacted, “highway” and “mass transit” funding levels, both derived from the Highway Trust Fund, was predicated on the levels set in section 251(b)(1). SAFETEA-LU repealed the old discretionary levels, since they were for years gone by, but extended specific caps for the  “mass transit category” and the “highway category” through fiscal year 2009. Section 101 of the Budget Control Act of 2011 (Pub. L. 112-25) eliminated these two spending categories, but reestablished the spending limits through fiscal year 2021.

[21] Budget Control Act of 2011

Summary: Pub. L. 112–25, title I, §101, Aug. 2, 2011, 125 Stat. 241 (Budget Control Act of 2011).

Public Law: Pub. L. 112–25

Sponsor: Sen. Harkin, Tom [D-IA]

Enacted: Aug. 2, 2011

Stat. At Large:  125 Stat. 240

Bill Number: S.  365 (112th Congress)

Note: This bill was largely a result of negotiations between Rep. John Boehner, Speaker of the House, and President Barack Obama. Importantly,  it set ten-year spending limits (through fiscal  year 2021) and also a “Joint Committee on Deficit Reduction” given great authority to produce legislation to reduce the deficit. It was bipartisan, evenly split between Democrats and Republicans, and was unable to come to any agreement on any legislation and none was  ever written, introduced or considered by Congress.

See Changes in Existing Law for Section 251 (BBEDCA) Made by the BCA.

[22] American Taxpayer Relief Act of 2012

Summary:  Pub. L. 112–240, title IX, §901(d)(1), 126 Stat. 2370, Jan. 2, 2013. 

Public Law: Pub. L. 112–240

Enacted: Jan. 2, 2013

Stat. At Large: 126 Stat. 2313

Bill Number: H.R. 8 (112th Congress)

Sponsor: Rep. Camp, Dave [R-MI-4]

Note: This Act made permanent certain tax laws first enacted in calendar years 2001 and 2003, often referred to as the “Bush Tax Cuts”. They are the “Economic  Growth and Taxpayer Relief Reconciliation Act of 2001″ and the Jobs  and Growth Taxpayer  Relief Reconciliation Act of 2003”, respectively.

[23] Bipartisan Budget Act of 2013

Summary: Pub. L. 113–67, div. A, title I, §101(a), Dec. 26, 2013, 127 Stat. 1166

Public Law: Pub. L. 113–67

Enacted: Dec. 26, 2013

Stat. At Large: 127 Stat. 1165

Bill Number: H. J. Res. 59 (113th Congress)

Sponsor:  Rep. Rogers, Harold [R-KY-5]

Note: The formal vehicle used for the BBA 2013 was the H. J. Res. 59 – Continuing Appropriations Resolution, 2014.

[24] Bipartisan Budget Act of 2015

Summary: Pub. L. 114–74, title I, §101(a), title VIII, §815, Nov. 2, 2015, 129 Stat. 585  

Public Law: Pub. L. 114-74

Sponsor: Patrick Meehan (R-PA)

Enacted: Nov. 2, 2015

Stat. At Large: 129 Stat. 584

Bill Number: H.R. 1314 (114th Congress)

Note: This legislation has no formal report associated with it, though House Budget Counsel prepared a Counsel Report on it. Chairman Thomas Price of the House Budget Committee declined to publish it as a committee print. The committee report on this ActH. Rept. 114-67is of a previous vehicle used for the legislation and has no relation to the BBA 2015. 

[25] Consolidated Appropriations Act, 2016

Summary: Pub. L. 114–113, div. O, title X, §1003, Dec. 18, 2015, 129 Stat. 3035 

Public Law: Pub. L. 114-113

Sponsor: Patrick Meehan (R-PA)

Enacted: Dec. 18, 2015

Stat. At Large: 129 Stat. 2242 

Bill Number: H.R. 2029 (114th Congress)

Note: Section 7 included text that gave direction to OMB regarding technical estimates.

[26] Further Continuing and Security Assistance Appropriations Act, 2017  

Summary: Section 184 of this Act postponed the date on which  the Final Sequestration Report is required under section 254 (BBEDCA) from 15 days  within the end of Congressional  Session (January 3, 2017) to within 15 days of April 28, 2017.

Public Law: Pub. L. 114-254, Division A, § 184

Sponsor: Mike Simpson (D-ID)

Enacted: December 10, 2016

Stat. At Large: 130 Stat. 1005

Bill Number: H.R. 2028 (114th Congress)

Note: The Act postponed the Final Sequestration Report for a possible sequestration if the discretionary spending limits were exceeded, but it also had the effect of postponing the report required to enforce any  debit related  to the Statutory Pay-As-You-Go Act scorecards related to deficit effects of enacted legislation which  generally only effects direct spending and  revenue laws.

[2 U.S.C. 901]

 

 

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[BCR § 202]