Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "2 U.S.C. § 902"
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description: "Enforcing pay-as-you-go"
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title_number: 2
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title_name: "THE CONGRESS"
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chapter_number: "20"
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chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
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section: "902"
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citation: "2 U.S.C. § 902"
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---
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# 2 U.S.C. § 902 - Enforcing pay-as-you-go
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## Text
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(a) Purpose The purpose of this section is to assure that any legislation enacted before October 1, 2002, affecting direct spending or receipts that increases the deficit will trigger an offsetting sequestration.
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(b) Sequestration (1) Timing Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 901 or 903 of this title, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending and receipts legislation enacted before October 1, 2002, as calculated under paragraph (2).
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(2) Calculation of deficit increase OMB shall calculate the amount of deficit increase or decrease by adding—
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(A) all OMB estimates for the budget year of direct spending and receipts legislation transmitted under subsection (d);
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(B) the estimated amount of savings in direct spending programs applicable to the budget year resulting from the prior year’s sequestration under this section or section 903 of this title, if any, as published in OMB’s final sequestration report for that prior year; and
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(C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending and receipts legislation transmitted under subsection (d) that were not reflected in the final OMB sequestration report for the current year.
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(c) Eliminating a deficit increase (1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order:
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(A) First All reductions in automatic spending increases specified in section 906(a) 11 See References in Text note below. of this title shall be made.
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(B) Second If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 906(b) of this title (guaranteed and direct student loans) and 906(c) 1 of this title (foster care and adoption assistance) shall be made.
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(C) Third (i) If additional reductions in direct spending accounts are required to be made, each remaining non-exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by subsection (b); except that the medicare programs specified in section 906(d) of this title shall not be reduced by more than 4 percent and the uniform percentage applicable to all other direct spending programs under this paragraph shall be increased (if necessary) to a level sufficient to achieve the required reduction in direct spending.
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(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration.
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(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline.
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(d) Estimates (1) CBO estimates As soon as practicable after Congress completes action on any direct spending or receipts legislation, CBO shall provide an estimate to OMB of that legislation.
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(2) OMB estimates Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending or receipts legislation, OMB shall transmit a report to the House of Representatives and to the Senate containing—
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(A) the CBO estimate of that legislation;
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(B) an OMB estimate of that legislation using current economic and technical assumptions; and
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(C) an explanation of any difference between the 2 estimates.
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(3) Significant differences If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report.
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(4) Scope of estimates The estimates under this section shall include the amount of change in outlays or receipts for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from—
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(A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and
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(B) emergency provisions as designated under subsection (e).
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(5) Scorekeeping guidelines OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall—
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(A) determine common scorekeeping guidelines; and
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(B) in conformance with such guidelines, prepare estimates under this section.
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(e) Emergency legislation If a provision of direct spending or receipts legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d). This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance.
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(Pub. L. 99–177, title II, § 252, Dec. 12, 1985, 99 Stat. 1072; Pub. L. 100–119, title I, § 102(a), Sept. 29, 1987, 101 Stat. 764; Pub. L. 100–203, title VIII, § 8003(e), Dec. 22, 1987, 101 Stat. 1330–282; Pub. L. 101–508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388–581; Pub. L. 103–66, title XIV, § 14003(a), Aug. 10, 1993, 107 Stat. 684; Pub. L. 103–354, title I, § 119(d)(2), Oct. 13, 1994, 108 Stat. 3208; Pub. L. 105–33, title X, § 10205, Aug. 5, 1997, 111 Stat. 702; Pub. L. 113–67, div. A, title I, § 121(1), (2), Dec. 26, 2013, 127 Stat. 1174, 1175.)
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## Notes
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Editorial Notes
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References in TextSection 906(a) of this title, referred to in subsec. (c)(1)(A), was repealed by Pub. L. 111–139, title I, § 10(a), Feb. 12, 2010, 124 Stat. 21. Section 906(c) of this title, referred to in subsec. (c)(1)(B), was repealed by Pub. L. 111–139, title I, § 10(c), Feb. 12, 2010, 124 Stat. 22.
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Amendments2013—Subsec. (b)(2)(B). Pub. L. 113–67, § 121(1), substituted “applicable to the budget year” for “applicable to budget year”. Subsec. (c)(1)(C)(i). Pub. L. 113–67, § 121(2), substituted “subsection (b)” for “paragraph (1)”. 1997—Subsec. (a). Pub. L. 105–33, § 10205(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The purpose of this section is to assure that any legislation (enacted after November 5, 1990) affecting direct spending or receipts that increases the deficit in any fiscal year covered by this Act will trigger an offsetting sequestration.” Subsec. (b). Pub. L. 105–33, § 10205(1), added subsec. (b) and struck out heading and text of former subsec. (b) which required sequestrations at the end of a session of Congress to offset amount of any net deficit increase in that fiscal year and prior fiscal year caused by all direct spending and receipts legislation enacted after Nov. 5, 1990. Subsec. (c)(1)(B). Pub. L. 105–33, § 10205(2), inserted “and direct” after “guaranteed”. Subsec. (d). Pub. L. 105–33, § 10205(3), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “As soon as practicable after Congress completes action on any direct spending or receipts legislation enacted after November 5, 1990, after consultation with the Committees on the Budget of the House of Representatives and the Senate, CBO shall provide OMB with an estimate of the amount of change in outlays or receipts, as the case may be, in each fiscal year through fiscal year 1998 resulting from that legislation. Within 5 calendar days after the enactment of any direct spending or receipts legislation enacted after November 5, 1990, OMB shall transmit a report to the House of Representatives and to the Senate containing such CBO estimate of that legislation, an OMB estimate of the amount of change in outlays or receipts, as the case may be, in each fiscal year through fiscal year 1998 resulting from that legislation, and an explanation of any difference between the two estimates. Those OMB estimates shall be made using current economic and technical assumptions. OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House and Senate Committees on the Budget, CBO, and OMB.” Subsec. (e). Pub. L. 105–33, § 10205(4), struck out “, for any fiscal year from 1991 through 1998,” after “If” and “through 1995” after “receipts in all fiscal years”. 1994—Subsec. (e). Pub. L. 103–354 inserted at end “This subsection shall not apply to direct spending provisions to cover agricultural crop disaster assistance.” 1993—Subsec. (a). Pub. L. 103–66, § 14003(a)(1), which directed the substitution of “Fiscal year 1992–1998 enforcement” for “Fiscal year 1992–1995 enforcement” in heading, was executed by substituting “Fiscal years 1992–1998 enforcement” for “Fiscal years 1992–1995 enforcement”, to reflect the probable intent of Congress. Subsec. (d). Pub. L. 103–66, § 14003(a)(2), substituted “through fiscal year 1998” for “through fiscal year 1995” in two places. Subsec. (e). Pub. L. 103–66, § 14003(a)(3), substituted “for any fiscal year from 1991 through 1998” for “for fiscal year 1991, 1992, 1993, 1994, or 1995”. 1990—Pub. L. 101–508 amended section generally, substituting subsecs. (a) to (e) relating to enforcement of pay-as-you-go for former subsecs. (a) to (g) relating to Presidential order. 1987—Pub. L. 100–119 amended section generally to reflect substitution of Director of OMB for Comptroller General as official submitting reports under section 901 of this title and to revise provisions relating to content of Presidential orders issued in accordance with those reports. Subsec. (c)(2)(F)(ii). Pub. L. 100–203, § 8003(e), substituted “proposed” for “made”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1994 AmendmentPub. L. 103–354, title I, § 119(d)(2), Oct. 13, 1994, 108 Stat. 3208, provided that the amendment made by that section is effective Jan. 1, 1995.
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Congressional Budget Office Excepted From Certain RequirementsPub. L. 112–25, title I, § 104(b), Aug. 2, 2011, 125 Stat. 246, provided that: “Sections 252(d)(1), 254(c), 254(f)(3), and 254(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(d)(1), 904(c), (f)(3), (i)] shall not apply to the Congressional Budget Office.”
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Reduction of Preexisting Paygo BalancesPub. L. 107–312, § 1, Dec. 2, 2002, 116 Stat. 2456, provided that: “Upon enactment of this Act [Dec. 2, 2002], the Director of the Office of Management and Budget shall reduce any balances of direct spending and receipts legislation for all fiscal years under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] to zero.”
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Pay-As-You-Go AdjustmentPub. L. 107–117, div. C, § 102, Jan. 10, 2002, 115 Stat. 2342, provided that in preparing the final sequestration report for fiscal year 2002 required by section 904(f)(3) of this title, the Director of the Office of Management and Budget should change any balance of direct spending and receipts legislation for fiscal years 2001 and 2002 under this section to zero.
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Conforming Paygo Scorecard With Transportation Equity Act for 21st CenturyPub. L. 105–178, title VIII, § 8102, June 9, 1998, 112 Stat. 492, as amended by Pub. L. 105–206, title IX, § 9013(c), July 22, 1998, 112 Stat. 865, provided that: “Upon the enactment of this Act [June 9, 1998], the Director of the Office of Management and Budget shall not make any estimates under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902(d)] of changes in direct spending outlays and receipts for any fiscal year resulting from this title [see Tables for classification] or from section 1102 of this Act [former 23 U.S.C. 104 note].”
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Reduction of Preexisting Balances and Exclusion of Effects of Pub. L. 105–33 From Paygo ScorecardPub. L. 105–33, title X, § 10213, Aug. 5, 1997, 111 Stat. 712, provided that: “Upon the enactment of this Act [Aug. 5, 1997], the Director of the Office of Management and Budget shall— “(1) reduce any balances of direct spending and receipts legislation for any fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] to zero; and “(2) not make any estimates of changes in direct spending outlays and receipts under subsection (d) of that section for any fiscal year resulting from the enactment of this Act [see Tables for classification] or of the Taxpayer Relief Act of 1997 [Pub. L. 105–34, see Tables for classification].”
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Reduction of Direct Spending and Receipts Legislation BalancesPub. L. 103–66, title XIV, § 14003(c), Aug. 10, 1993, 107 Stat. 685, provided that: “Upon enactment of this Act [Aug. 10, 1993], the director of the Office of Management and Budget shall reduce the balances of direct spending and receipts legislation applicable to each fiscal year under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 902] by an amount equal to the net deficit reduction achieved through the enactment in this Act [see Tables for classification] of direct spending and receipts legislation for that year.”
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---
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type: "LegalText"
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||||
title: "2 U.S.C. § 903"
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||||
description: "Enforcing deficit targets"
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||||
jurisdiction: "us"
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||||
corpus: "united_states_code"
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||||
kind: "code_section"
|
||||
title_number: 2
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||||
title_name: "THE CONGRESS"
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chapter_number: "20"
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chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
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||||
section: "903"
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citation: "2 U.S.C. § 903"
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||||
status: "current"
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||||
release_point: "119-100"
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||||
release_date: "2026-06-26"
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||||
source: "official"
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confidence: "official"
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tags: ["legal", "us-code"]
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||||
---
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# 2 U.S.C. § 903 - Enforcing deficit targets
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## Text
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(a) Sequestration Within 15 calendar days after Congress adjourns to end a session (other than of the One Hundred First Congress) and on the same day as a sequestration (if any) under section 901 of this title and section 902 of this title, but after any sequestration required by section 901 of this title (enforcing discretionary spending limits) or section 902 of this title (enforcing pay-as-you-go), there shall be a sequestration to eliminate the excess deficit (if any remains) if it exceeds the margin.
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(b) Excess deficit; margin The excess deficit is, if greater than zero, the estimated deficit for the budget year, minus—
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(1) the maximum deficit amount for that year;
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(2) the amounts for that year designated as emergency direct spending or receipts legislation under section 902(e) of this title; and
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(3) for any fiscal year in which there is not a full adjustment for technical and economic reestimates, the deposit insurance reestimate for that year, if any, calculated under subsection (h).
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The “margin” for fiscal year 1992 or 1993 is zero and for fiscal year 1994 or 1995 is $15,000,000,000.
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(c) Dividing sequestration To eliminate the excess deficit in a budget year, half of the required outlay reductions shall be obtained from non-exempt defense accounts (accounts designated as function 050 in the President’s fiscal year 1991 budget submission) and half from non-exempt, non-defense accounts (all other non-exempt accounts).
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(d) Defense Each non-exempt defense account shall be reduced by a dollar amount calculated by multiplying the level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (c), except that, if any military personnel are exempt, adjustments shall be made under the procedure set forth in section 901(a)(3) of this title.
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(e) Non-defense Actions to reduce non-defense accounts shall be taken in the following order:
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(1) First All reductions in automatic spending increases under section 906(a) 11 See References in Text note below. of this title shall be made.
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(2) Second If additional reductions in non-defense accounts are required to be made, the maximum reduction permissible under sections 906(b) of this title (guaranteed student loans) and 906(c) 1 of this title (foster care and adoption assistance) shall be made.
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(3) Third (A) If additional reductions in non-defense accounts are required to be made, each remaining non-exempt, non-defense account shall be reduced by the uniform percentage necessary to make the reductions in non-defense outlays required by subsection (c), except that—
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(i) the medicare program specified in section 906(d) of this title shall not be reduced by more than 2 percent in total including any reduction of less than 2 percent made under section 902 of this title or, if it has been reduced by 2 percent or more under section 902 of this title, it may not be further reduced under this section; and
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(ii) the health programs set forth in section 906(e) of this title shall not be reduced by more than 2 percent in total (including any reduction made under section 901 of this title),
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and the uniform percent applicable to all other programs under this subsection shall be increased (if necessary) to a level sufficient to achieve the required reduction in non-defense outlays.
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(B) For purposes of determining reductions under subparagraph (A), outlay reduction (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration.
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(f) Baseline assumptions; part-year appropriations (1) Budget assumptions For purposes of subsections (b), (c), (d), and (e), accounts shall be assumed to be at the level in the baseline minus any reductions required to be made under sections 901 and 902 of this title.
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(2) Part-year appropriations If, on the date specified in subsection (a), there is in effect an Act making or continuing appropriations for part of a fiscal year for any non-exempt budget account, then the dollar sequestration calculated for that account under subsection (d) or (e), as applicable, shall be subtracted from—
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(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation; and
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(B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation; except that the amount to be sequestered from that account shall be reduced (but not below zero) by the savings achieved by that appropriation when the enacted amount is less than the baseline for that account.
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(g) Adjustments to maximum deficit amounts (1) Adjustments (A) When the President submits the budget for fiscal year 1992, the maximum deficit amounts for fiscal years 1992, 1993, 1994, and 1995 shall be adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions. When the President submits the budget for fiscal year 1993, the maximum deficit amounts for fiscal years 1993, 1994, and 1995 shall be further adjusted to reflect up-to-date reestimates of economic and technical assumptions and any changes in concepts or definitions.
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(B) When submitting the budget for fiscal year 1994, the President may choose to adjust the maximum deficit amounts for fiscal years 1994 and 1995 to reflect up-to-date reestimates of economic and technical assumptions. If the President chooses to adjust the maximum deficit amount when submitting the fiscal year 1994 budget, the President may choose to invoke the same adjustment procedure when submitting the budget for fiscal year 1995. In each case, the President must choose between making no adjustment or the full adjustment described in paragraph (2). If the President chooses to make that full adjustment, then those procedures for adjusting discretionary spending limits described in sections 901(b)(1)(C) 1 and 901(b)(2)(E) 1 of this title, otherwise applicable through fiscal year 1993 or 1994 (as the case may be), shall be deemed to apply for fiscal year 1994 (and 1995 if applicable).
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(C) When the budget for fiscal year 1994 or 1995 is submitted and the sequestration reports for those years under section 904 of this title are made (as applicable), if the President does not choose to make the adjustments set forth in subparagraph (B), the maximum deficit amount for that fiscal year shall be adjusted by the amount of the adjustment to discretionary spending limits first applicable for that year (if any) under section 901(b) of this title.
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(D) For each fiscal year the adjustments required to be made with the submission of the President’s budget for that year shall also be made when OMB submits the sequestration update report and the final sequestration report for that year, but OMB shall continue to use the economic and technical assumptions in the President’s budget for that year.
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Each adjustment shall be made by increasing or decreasing the maximum deficit amounts set forth in section 665 1 of this title.
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(2) Calculations of adjustments The required increase or decrease shall be calculated as follows:
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(A) The baseline deficit or surplus shall be calculated using up-to-date economic and technical assumptions, using up-to-date concepts and definitions, and, in lieu of the baseline levels of discretionary appropriations, using the discretionary spending limits set forth in section 665 1 of this title as adjusted under section 901 of this title.
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(B) The net deficit increase or decrease caused by all direct spending and receipts legislation enacted after November 5, 1990 (after adjusting for any sequestration of direct spending accounts) shall be calculated for each fiscal year by adding—
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(i) the estimates of direct spending and receipts legislation transmitted under section 902(d) of this title applicable to each such fiscal year; and
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(ii) the estimated amount of savings in direct spending programs applicable to each such fiscal year resulting from the prior year’s sequestration under this section or section 902 of this title of direct spending, if any, as contained in OMB’s final sequestration report for that year.
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(C) The amount calculated under subparagraph (B) shall be subtracted from the amount calculated under subparagraph (A).
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(D) The maximum deficit amount set forth in section 665 1 of this title shall be subtracted from the amount calculated under subparagraph (C).
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(E) The amount calculated under subparagraph (D) shall be the amount of the adjustment required by paragraph (1).
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(h) Treatment of deposit insurance (1) Initial estimates The initial estimates of the net costs of federal deposit insurance for fiscal year 1994 and fiscal year 1995 (assuming full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of the submission of the budget for fiscal year 1993) shall be set forth in that budget.
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(2) Reestimates For fiscal year 1994 and fiscal year 1995, the amount of the reestimate of deposit insurance costs shall be calculated by subtracting the amount set forth under paragraph (1) for that year from the current estimate of deposit insurance costs (but assuming full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of submission of the budget for fiscal year 1993).
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(Pub. L. 99–177, title II, § 253, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100–119, title I, § 103, Sept. 29, 1987, 101 Stat. 775; Pub. L. 101–508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388–583.)
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## Notes
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Editorial Notes
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|
||||
References in TextSection 906(a) of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 111–139, title I, § 10(a), Feb. 12, 2010, 124 Stat. 21. Section 906(c) of this title, referred to in subsec. (e)(2), was repealed by Pub. L. 111–139, title I, § 10(c), Feb. 12, 2010, 124 Stat. 22. Section 901(b) of this title, referred to in subsec. (g)(1)(B), was amended by Pub. L. 105–33, title X, § 10203(a)(4), Aug. 5, 1997, 111 Stat. 699; Pub. L. 105–178, title VIII, § 8101(d), June 9, 1998, 112 Stat. 490; Pub. L. 109–59, title VIII, § 8002, Aug. 10, 2005, 119 Stat. 1916; and Pub. L. 112–25, title I, § 101, Aug. 2, 2011, 125 Stat. 241, and as so amended, no longer contains par. (1)(C) or (2)(E). Section 665 of this title, referred to in subsec. (g)(1), (2)(A), (D), was repealed by Pub. L. 105–33, title X, § 10118(a), Aug. 5, 1997, 111 Stat. 695.
|
||||
|
||||
Codification November 5, 1990, referred to in subsec. (g)(2)(B), was in the original “the date of enactment of this section”, which was translated as meaning the date of enactment of Pub. L. 101–508, which amended this section generally, to reflect the probable intent of Congress.
|
||||
|
||||
Amendments1990—Pub. L. 101–508 amended section generally, substituting provisions relating to enforcement of deficit targets for provisions relating to compliance report by Comptroller General. 1987—Pub. L. 100–119 amended section generally, designating existing provisions as par. (1), substituting “(or December 15, 1987, in the case of the fiscal year 1988)” for “(or on or before April 1, 1986, in the case of the fiscal year 1986)”, and adding pars. (2) and (3).
|
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|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 2 U.S.C. § 907 - The baseline
|
||||
|
||||
## Text
|
||||
|
||||
(a) In general For any budget year, the baseline refers to a projection of current-year levels of new budget authority, outlays, revenues, and the surplus or deficit into the budget year and the outyears based on laws enacted through the applicable date.
|
||||
|
||||
(b) Direct spending and receipts For the budget year and each outyear, the baseline shall be calculated using the following assumptions:
|
||||
|
||||
(1) In general Laws providing or creating direct spending and receipts are assumed to operate in the manner specified in those laws for each such year and funding for entitlement authority is assumed to be adequate to make all payments required by those laws.
|
||||
|
||||
(2) Exceptions (A) (i) No program established by a law enacted on or before August 5, 1997, with estimated current year outlays greater than $50,000,000 shall be assumed to expire in the budget year or the outyears. The scoring of new programs with estimated outlays greater than $50,000,000 a year shall be based on scoring by the Committees on Budget or OMB, as applicable. OMB, CBO, and the Budget Committees shall consult on the scoring of such programs where there are differences between CBO and OMB.
|
||||
|
||||
(ii) On the expiration of the suspension of a provision of law that is suspended under section 7301 of title 7 and that authorizes a program with estimated fiscal year outlays that are greater than $50,000,000, for purposes of clause (i), the program shall be assumed to continue to operate in the same manner as the program operated immediately before the expiration of the suspension.
|
||||
|
||||
(B) The increase for veterans’ compensation for a fiscal year is assumed to be the same as that required by law for veterans’ pensions unless otherwise provided by law enacted in that session.
|
||||
|
||||
(C) Excise taxes dedicated to a trust fund, if expiring, are assumed to be extended at current rates.
|
||||
|
||||
(D) If any law expires before the budget year or any outyear, then any program with estimated current year outlays greater than $50,000,000 that operates under that law shall be assumed to continue to operate under that law as in effect immediately before its expiration.
|
||||
|
||||
(3) Hospital Insurance Trust Fund Notwithstanding any other provision of law, the receipts and disbursements of the Hospital Insurance Trust Fund shall be included in all calculations required by this Act.
|
||||
|
||||
(c) Discretionary appropriations For the budget year and each outyear, the baseline shall be calculated using the following assumptions regarding all amounts other than those covered by subsection (b):
|
||||
|
||||
(1) Inflation of current-year appropriations Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year, adjusted sequentially and cumulatively for expiring housing contracts as specified in paragraph (2), for social insurance administrative expenses as specified in paragraph (3), to offset pay absorption and for pay annualization as specified in paragraph (4), for inflation as specified in paragraph (5), and to account for changes required by law in the level of agency payments for personnel benefits other than pay.
|
||||
|
||||
(2) Expiring housing contracts New budget authority to renew expiring multiyear subsidized housing contracts shall be adjusted to reflect the difference in the number of such contracts that are scheduled to expire in that fiscal year and the number expiring in the current year, with the per-contract renewal cost equal to the average current-year cost of renewal contracts.
|
||||
|
||||
(3) Social insurance administrative expenses Budgetary resources for the administrative expenses of the following trust funds shall be adjusted by the percentage change in the beneficiary population from the current year to that fiscal year: the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the railroad retirement account.
|
||||
|
||||
(4) Pay annualization; offset to pay absorption Current-year new budget authority for Federal employees shall be adjusted to reflect the full 12-month costs (without absorption) of any pay adjustment that occurred in that fiscal year.
|
||||
|
||||
(5) Inflators The inflator used in paragraph (1) to adjust budgetary resources relating to personnel shall be the percent by which the average of the Bureau of Labor Statistics Employment Cost Index (wages and salaries, private industry workers) for that fiscal year differs from such index for the current year. The inflator used in paragraph (1) to adjust all other budgetary resources shall be the percent by which the average of the estimated gross domestic product chain-type price index for that fiscal year differs from the average of such estimated index for the current year.
|
||||
|
||||
(6) Current-year appropriations If, for any account, a continuing appropriation is in effect for less than the entire current year, then the current-year amount shall be assumed to equal the amount that would be available if that continuing appropriation covered the entire fiscal year. If law permits the transfer of budget authority among budget accounts in the current year, the current-year level for an account shall reflect transfers accomplished by the submission of, or assumed for the current year in, the President’s original budget for the budget year.
|
||||
|
||||
(d) Up-to-date concepts In deriving the baseline for any budget year or outyear, current-year amounts shall be calculated using the concepts and definitions that are required for that budget year.
|
||||
|
||||
(e) Asset sales Amounts realized from the sale of an asset shall not be included in estimates under section 901, 902, or 903 of this title if that sale would result in a financial cost to the Federal Government as determined pursuant to scorekeeping guidelines.
|
||||
|
||||
(Pub. L. 99–177, title II, § 257, formerly §§ 251(a)(6)(I), 257, Dec. 12, 1985, 99 Stat. 1092; Pub. L. 100–119, title I, §§ 102(a), (b)(4)–(8), 104(c)(2), 106(b), Sept. 29, 1987, 101 Stat. 754, 773, 774, 777, 780; renumbered § 257 and amended Pub. L. 101–508, title XIII, § 13101(b), (e)(1), (2), Nov. 5, 1990, 104 Stat. 1388–589, 1388–591, 1388–593; Pub. L. 105–33, title X, § 10209(a), Aug. 5, 1997, 111 Stat. 710; Pub. L. 113–67, div. A, title I, § 121(9), Dec. 26, 2013, 127 Stat. 1175.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis Act, referred to in subsec. (b)(3), means Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1037, which enacted this chapter and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106, 1109, and 3101 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Tables.
|
||||
|
||||
Codification Pub. L. 101–508, § 13101(b), redesignated former par. (12) of this section as section 250(c)(21) (now 250(c)(19)) of Pub. L. 99–177, which is classified to section 900(c)(19) of this title. Pub. L. 101–508, § 13101(e)(2), transferred section 251(a)(6)(I) of Pub. L. 99–177, which was classified to section 901(a)(6)(I) of this title, to subsec. (e) of this section.
|
||||
|
||||
Amendments2013—Subsec. (b)(2)(A)(i). Pub. L. 113–67 substituted “differences” for “differenes”. 1997—Subsec. (b)(2)(A). Pub. L. 105–33, § 10209(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “No program with estimated current-year outlays greater than $50 million shall be assumed to expire in the budget year or outyears.” Subsec. (b)(2)(D). Pub. L. 105–33, § 10209(a)(2), added subpar. (D). Subsec. (c)(5). Pub. L. 105–33, § 10209(a)(3), substituted “domestic product chain-type price index” for “national product fixed-weight price index”. Subsec. (e). Pub. L. 105–33, § 10209(a)(4), added subsec. (e) and struck out former subsec. (e) which read as follows: “The sale of an asset or prepayment of a loan shall not alter the deficit or produce any net deficit reduction in the budget baseline, except that the budget baseline estimate shall include asset sales mandated by law before September 18, 1987, and routine, ongoing asset sales and loan prepayments at levels consistent with agency operations in fiscal year 1986;”. 1990—Pub. L. 101–508, § 13101(e)(1), amended section generally, substituting provisions relating to baseline for provisions relating to definitions. Subsec. (e). Pub. L. 101–508, § 13101(e)(2), redesignated section 901(a)(6)(I) of this title as subsec. (e) of this section, and substituted “The” for “assuming, for purposes of this paragraph and subparagraph (A)(i) of paragraph (3), that the”. 1987—Pub. L. 100–119, § 102(a), amended section 901 of this title generally, adding subsec. (a)(6)(I). See 1990 Amendment note above. Par. (1). Pub. L. 100–119, § 104(c)(2), struck out provisions of former subpar. (A) that “automatic spending increase” meant increases in budget outlays due to changes in indexes in the following Federal programs: “Black lung benefits (20-8144-0-7-601); “Central Intelligence Agency retirement and disability system fund (56-3400-0-1-054); “Civil service retirement and disability fund (24-8135-0-7-602); “Comptrollers general retirement system (05-0107-0-1-801); “Foreign service retirement and disability fund (19-8186-0-7-602); “Judicial survivors’ annuities fund (10-8110-0-7-602); “Longshoremen’s and harborworkers’ compensation benefits (16-9971-0-7-601); “Military retirement fund (97-8097-0-7-602); “National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306); “Pensions for former Presidents (47-0105-0-1-802); “Railroad retirement tier II (60-8011-0-7-601); “Retired pay, Coast Guard (69-0241-0-1-403); “Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1-551); “Special benefits, Federal Employees’ Compensation Act (16-1521-0-1-600); “Special benefits for disabled coal miners (75-0409-0-1-601); and “Tax Court judges survivors annuity fund (23-8115-0-7-602).” Par. (7). Pub. L. 100–119, § 102(b)(4), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “The terms ‘sequester’ and ‘sequestration’ (subject to section 902(a)(4) of this title) refer to or mean the cancellation of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, and spending authority as defined in section 651(c)(2) of this title, and the reduction of obligation limitations.” Par. (9). Pub. L. 100–119, § 102(b)(5), added par. (9). Par. (10). Pub. L. 100–119, § 106(b), added par. (10). Par. (11). Pub. L. 100–119, § 102(b)(6), added par. (11). Par. (12). Pub. L. 100–119, § 102(b)(7), added par. (12). Pars. (13), (14). Pub. L. 100–119, § 102(b)(8), added pars. (13) and (14).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Definition of Terms Used in Balanced Budget and Emergency Deficit Control Act of 1985Pub. L. 101–163, title III, § 315, Nov. 21, 1989, 103 Stat. 1066, provided that: “Effective in the case of this Act and any subsequent Act making appropriations for the Legislative Branch, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended [see Short Title note set out under section 900 of this title], or any other Act which requires a uniform percentage reduction in accounts in this Act and any subsequent Act making appropriations for the Legislative Branch, the accounts under the general heading ‘Senate’, and the accounts under the general heading ‘House of Representatives’, shall each be considered to be one appropriation account and one ‘program, project, and activity’.” Pub. L. 100–202, § 101(i) [title III, § 306], Dec. 22, 1987, 101 Stat. 1329–290, 1329–309, provided that: “Hereafter, for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended [see Short Title note set out under section 900 of this title], the term ‘program, project, and activity’ shall be synonymous with each appropriation account in this Act [see Tables for classification], except that the accounts under the general heading ‘House of Representatives’ shall be considered one appropriation account and one ‘program, project, and activity’, and the accounts under the general heading ‘Senate’ shall be considered one appropriation account and one ‘program, project, and activity’.”
|
||||
|
||||
Cost-of-Living Adjustments in Certain Federal BenefitsPub. L. 99–509, title VII, § 7001, Oct. 21, 1986, 100 Stat. 1948, provided that benefits payable in calendar years 1987 to 1991 under programs listed in this section, including any cost-of-living adjustments, were not subject to modification, suspension, or reduction in such calendar years pursuant to a Presidential order.
|
||||
@@ -0,0 +1,81 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 907a"
|
||||
description: "Suspension in event of war or low growth"
|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
section: "907a"
|
||||
citation: "2 U.S.C. § 907a"
|
||||
status: "current"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 2 U.S.C. § 907a - Suspension in event of war or low growth
|
||||
|
||||
## Text
|
||||
|
||||
(a) Procedures in event of low-growth report (1) Trigger Whenever CBO issues a low-growth report under section 254(i) [2 U.S.C. 904(i)], the Majority Leader of the House of Representatives may, and the Majority Leader of the Senate shall, introduce a joint resolution (in the form set forth in paragraph (2)) declaring that the conditions specified in section 254(i) are met and suspending the relevant provisions of this title,11 See References in Text note below. titles III and VI 1 of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq.], and section 1103 of title 31.
|
||||
|
||||
(2) Form of joint resolution (A) The matter after the resolving clause in any joint resolution introduced pursuant to paragraph (1) shall be as follows: “That the Congress declares that the conditions specified in section 254(j) 1 of the Balanced Budget and Emergency Deficit Control Act of 1985 are met, and the implementation of the Congressional Budget and Impoundment Control Act of 1974, chapter 11 of title 31, United States Code, and part C of the Balanced Budget and Emergency Deficit Control Act of 1985 are modified as described in section 258(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.”
|
||||
|
||||
(B) The title of the joint resolution shall be “Joint resolution suspending certain provisions of law pursuant to section 258(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985.”; and the joint resolution shall not contain any preamble.
|
||||
|
||||
(3) Committee action Each joint resolution introduced pursuant to paragraph (1) shall be referred to the appropriate committees of the House of Representatives or the Committee on the Budget of the Senate, as the case may be; and such Committee shall report the joint resolution to its House without amendment on or before the fifth day on which such House is in session after the date on which the joint resolution is introduced. If the Committee fails to report the joint resolution within the five-day period referred to in the preceding sentence, it shall be automatically discharged from further consideration of the joint resolution, and the joint resolution shall be placed on the appropriate calendar.
|
||||
|
||||
(4) Consideration of joint resolution (A) A vote on final passage of a joint resolution reported to the Senate or discharged pursuant to paragraph (3) shall be taken on or before the close of the fifth calendar day of session after the date on which the joint resolution is reported or after the Committee has been discharged from further consideration of the joint resolution. If prior to the passage by one House of a joint resolution of that House, that House receives the same joint resolution from the other House, then—
|
||||
|
||||
(i) the procedure in that House shall be the same as if no such joint resolution had been received from the other House, but
|
||||
|
||||
(ii) the vote on final passage shall be on the joint resolution of the other House.
|
||||
|
||||
When the joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a House joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a Senate joint resolution agreed to in the Senate) shall cause the joint resolution to be engrossed, certified, and transmitted to the other House of the Congress as soon as practicable.
|
||||
|
||||
(B) (i) In the Senate, a joint resolution under this paragraph shall be privileged. It shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
|
||||
|
||||
(ii) Debate in the Senate on a joint resolution under this paragraph, and all debatable motions and appeals in connection therewith, shall be limited to not more than five hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
|
||||
|
||||
(iii) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this paragraph shall be limited to not more than one hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee.
|
||||
|
||||
(iv) A motion in the Senate to further limit debate on a joint resolution under this paragraph is not debatable. A motion to table or to recommit a joint resolution under this paragraph is not in order.
|
||||
|
||||
(C) No amendment to a joint resolution considered under this paragraph shall be in order in the Senate.
|
||||
|
||||
(b) Suspension of sequestration procedures Upon the enactment of a declaration of war or a joint resolution described in subsection (a)—
|
||||
|
||||
(1) the subsequent issuance of any sequestration report or any sequestration order is precluded;
|
||||
|
||||
(2) sections 302(f), 310(d), 311(a), and title VI 1 of the Congressional Budget Act of 1974 [2 U.S.C. 633(f), 641(d), 642(a)] are suspended; and
|
||||
|
||||
(3) section 1103 of title 31 is suspended.
|
||||
|
||||
(c) Restoration of sequestration procedures (1) In the event of a suspension of sequestration procedures due to a declaration of war, then, effective with the first fiscal year that begins in the session after the state of war is concluded by Senate ratification of the necessary treaties, the provisions of subsection (b) triggered by that declaration of war are no longer effective.
|
||||
|
||||
(2) In the event of a suspension of sequestration procedures due to the enactment of a joint resolution described in subsection (a), then, effective with regard to the first fiscal year beginning at least 12 months after the enactment of that resolution, the provisions of subsection (b) triggered by that resolution are no longer effective.
|
||||
|
||||
(Pub. L. 99–177, title II, § 258, as added Pub. L. 101–508, title XIII, § 13101(f), Nov. 5, 1990, 104 Stat. 1388–593; amended Pub. L. 113–67, div. A, title I, § 121(10), Dec. 26, 2013, 127 Stat. 1175.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis title, referred to in subsec. (a)(1), means title II (§ 200 et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables. The Congressional Budget Act of 1974, referred to in subsecs. (a)(1) and (b)(2), is titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Title III of the Act is classified generally to subchapter I (§ 631 et seq.) of chapter 17A of this title. Title VI of the Act was classified generally to subchapter IV (§ 665 et seq.) of chapter 17A of this title prior to repeal by Pub. L. 105–33, title X, § 10118(a), Aug. 5, 1997, 111 Stat. 695. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. Section 254(j) of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(2)(A), is section 254(j) of Pub. L. 99–177, which was redesignated section 254(i) of that Act by Pub. L. 105–33, title X, § 10206(1), Aug. 5, 1997, 111 Stat. 704, and is classified to section 904(i) of this title. The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (a)(2)(A), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. Part C of the Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (a)(2)(A), is classified generally to this subchapter. Section 258 of the Act is classified to this section.
|
||||
|
||||
Prior ProvisionsA prior section 258 of Pub. L. 99–177 was classified to section 908 of this title prior to repeal by Pub. L. 105–33, title X, § 10210, Aug. 5, 1997, 111 Stat. 711.
|
||||
|
||||
Amendments2013—Subsec. (a)(1). Pub. L. 113–67, which directed substitution of “section 254(i)” for “section 254(j)”, was executed by making the substitution in two places to reflect the probable intent of Congress.
|
||||
@@ -0,0 +1,75 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 907b"
|
||||
description: "Modification of Presidential order"
|
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|
||||
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|
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|
||||
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|
||||
chapter_number: "20"
|
||||
chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
|
||||
section: "907b"
|
||||
citation: "2 U.S.C. § 907b"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
|
||||
source_identifier: "/us/usc/t2/s907b"
|
||||
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
|
||||
source_hash: "8d083981939d677d5bf6bd034ce7ebd0f7fe82fbe04dad4be29ac68a5f230e6b"
|
||||
raw_snapshot_hash: "ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e"
|
||||
text_hash: "3011286d67631bd21f05035ba74b56b7a488ecc7c8fffc370e922d0343773e3f"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 2 U.S.C. § 907b - Modification of Presidential order
|
||||
|
||||
## Text
|
||||
|
||||
(a) Introduction of joint resolution At any time after the Director of OMB issues a final sequestration report under section 904 of this title for a fiscal year, but before the close of the twentieth calendar day of the session of Congress beginning after the date of issuance of such report, the majority leader of either House of Congress may introduce a joint resolution which contains provisions directing the President to modify the most recent order issued under section 904 of this title or provide an alternative to reduce the deficit for such fiscal year. After the introduction of the first such joint resolution in either House of Congress in any calendar year, then no other joint resolution introduced in such House in such calendar year shall be subject to the procedures set forth in this section.
|
||||
|
||||
(b) Procedures for consideration of joint resolutions (1) Referral to committee A joint resolution introduced in the Senate under subsection (a) shall not be referred to a committee of the Senate and shall be placed on the calendar pending disposition of such joint resolution in accordance with this subsection.
|
||||
|
||||
(2) Consideration in Senate On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is introduced under subsection (a), notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution (to which the motion applies) is introduced. The joint resolution is privileged in the Senate. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of.
|
||||
|
||||
(3) Debate in Senate (A) In the Senate, debate on a joint resolution introduced under subsection (a), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees).
|
||||
|
||||
(B) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order, and a motion to recommit the joint resolution is not in order.
|
||||
|
||||
(C) (i) No amendment that is not germane to the provisions of the joint resolution or to the order issued under section 904 of this title shall be in order in the Senate. In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader’s designee) shall control the time in opposition to the amendment, motion, or appeal.
|
||||
|
||||
(ii) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent.
|
||||
|
||||
(4) Vote on final passage Immediately following the conclusion of the debate on a joint resolution introduced under subsection (a), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under paragraph (3), the vote on final passage of the joint resolution shall occur.
|
||||
|
||||
(5) Appeals Appeals from the decisions of the Chair shall be decided without debate.
|
||||
|
||||
(6) Conference reports In the Senate, points of order under titles III, IV, and VI 11 See References in Text note below. of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.] are applicable to a conference report on the joint resolution or any amendments in disagreement thereto.
|
||||
|
||||
(7) Resolution from other House If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (a), the Senate receives from the House of Representatives a joint resolution introduced under subsection (a), then the following procedures shall apply:
|
||||
|
||||
(A) The joint resolution of the House of Representatives shall not be referred to a committee and shall be placed on the calendar.
|
||||
|
||||
(B) With respect to a joint resolution introduced under subsection (a) in the Senate—
|
||||
|
||||
(i) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but
|
||||
|
||||
(ii) (I) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or
|
||||
|
||||
(II) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution.
|
||||
|
||||
(C) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate.
|
||||
|
||||
(8) Senate action on House resolution If the Senate receives from the House of Representatives a joint resolution introduced under subsection (a) after the Senate has disposed of a Senate originated resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.
|
||||
|
||||
(Pub. L. 99–177, title II, § 258A, as added Pub. L. 101–508, title XIII, § 13101(f), Nov. 5, 1990, 104 Stat. 1388–595.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Congressional Budget Act of 1974, referred to in subsec. (b)(6), is titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to subchapters I (§ 631 et seq.) and II (§ 651 et seq.), respectively, of chapter 17A of this title. Title VI of the Act was classified generally to subchapter IV (§ 665 et seq.) of chapter 17A of this title prior to repeal by Pub. L. 105–33, title X, § 10118(a), Aug. 5, 1997, 111 Stat. 695. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
|
||||
@@ -0,0 +1,97 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 907c"
|
||||
description: "Flexibility among defense programs, projects, and activities"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 2
|
||||
title_name: "THE CONGRESS"
|
||||
chapter_number: "20"
|
||||
chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
|
||||
section: "907c"
|
||||
citation: "2 U.S.C. § 907c"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 2 U.S.C. § 907c - Flexibility among defense programs, projects, and activities
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reductions beyond amount specified in Presidential order Subject to subsections (b), (c), and (d), new budget authority and unobligated balances for any programs, projects, or activities within major functional category 050 (other than a military personnel account) may be further reduced beyond the amount specified in an order issued by the President under section 904 of this title for such fiscal year. To the extent such additional reductions are made and result in additional outlay reductions, the President may provide for lesser reductions in new budget authority and unobligated balances for other programs, projects, or activities within major functional category 050 for such fiscal year, but only to the extent that the resulting outlay increases do not exceed the additional outlay reductions, and no such program, project, or activity may be increased above the level actually made available by law in appropriation Acts (before taking sequestration into account). In making calculations under this subsection, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB under section 904 of this title.
|
||||
|
||||
(b) Base closures prohibited No actions taken by the President under subsection (a) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10.
|
||||
|
||||
(c) Report and joint resolution required The President may not exercise the authority provided by this paragraph 11 So in original. Probably should be “section”. for a fiscal year unless—
|
||||
|
||||
(1) the President submits a single report to Congress specifying, for each account, the detailed changes proposed to be made for such fiscal year pursuant to this section;
|
||||
|
||||
(2) that report is submitted within 5 calendar days of the start of the next session of Congress; and
|
||||
|
||||
(3) a joint resolution affirming or modifying the changes proposed by the President pursuant to this paragraph 1 becomes law.
|
||||
|
||||
(d) Introduction of joint resolution Within 5 calendar days of session after the President submits a report to Congress under subsection (c)(1) for a fiscal year, the majority leader of each House of Congress shall (by request) introduce a joint resolution which contains provisions affirming the changes proposed by the President pursuant to this paragraph.1
|
||||
|
||||
(e) Form and title of joint resolution (1) The matter after the resolving clause in any joint resolution introduced pursuant to subsection (d) shall be as follows: “That the report of the President as submitted on [Insert Date] under section 258B is hereby approved.”
|
||||
|
||||
(2) The title of the joint resolution shall be “Joint resolution approving the report of the President submitted under section 258B of the Balanced Budget and Emergency Deficit Control Act of 1985.”
|
||||
|
||||
(3) Such joint resolution shall not contain any preamble.
|
||||
|
||||
(f) Calendaring and consideration of joint resolution in Senate (1) A joint resolution introduced in the Senate under subsection (d) shall be referred to the Committee on Appropriations, and if not reported within 5 calendar days (excluding Saturdays, Sundays, and legal holidays) from the date of introduction shall be considered as having been discharged therefrom and shall be placed on the appropriate calendar pending disposition of such joint resolution in accordance with this subsection. In the Senate, no amendment proposed in the Committee on Appropriations shall be in order other than an amendment (in the nature of a substitute) that is germane or relevant to the provisions of the joint resolution or to the order issued under section 904 of this title. For purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense).
|
||||
|
||||
(2) On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is placed on the Senate calendar, notwithstanding any rule or precedent of the Senate, including Rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after such joint resolution is placed on the appropriate calendar. The motion is not debatable. The joint resolution is privileged in the Senate. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of.
|
||||
|
||||
(g) Debate of joint resolution; motions (1) In the Senate, debate on a joint resolution introduced under subsection (d), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees).
|
||||
|
||||
(2) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. In the Senate, a motion to recommit the joint resolution is not in order.
|
||||
|
||||
(h) Amendment of joint resolution (1) No amendment that is not germane or relevant to the provisions of the joint resolution or to the order issued under section 904 of this title shall be in order in the Senate. For purposes of this paragraph, an amendment shall be considered to be relevant if it relates to function 050 (national defense). In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader’s designee) shall control the time in opposition to the amendment, motion, or appeal.
|
||||
|
||||
(2) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended, so long as the amendment makes or maintains mathematical consistency. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent.
|
||||
|
||||
(3) It shall not be in order in the Senate to consider any amendment to any joint resolution introduced under subsection (d) or any conference report thereon if such amendment or conference report would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided in such joint resolution unless such amendment or conference report makes a reduction in other specific budget outlays at least equivalent to any increase in outlays provided by such amendment or conference report.
|
||||
|
||||
(4) For purposes of the application of paragraph (3), the level of outlays and specific budget outlay reductions provided in an amendment shall be determined on the basis of estimates made by the Committee on the Budget of the Senate.
|
||||
|
||||
(i) Vote on final passage of joint resolution Immediately following the conclusion of the debate on a joint resolution introduced under subsection (d), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under subsection (h), the vote on final passage of the joint resolution shall occur.
|
||||
|
||||
(j) Appeal from decision of Chair Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (d) shall be decided without debate.
|
||||
|
||||
(k) Conference reports In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.] (including points of order under sections 302(c), 303(a), 306, and 401(b)(1) [2 U.S.C. 633(c), 634(a), 637, 651(b)(1)]) are applicable to a conference report on the joint resolution or any amendments in disagreement thereto.
|
||||
|
||||
(l) Resolution from other House If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (d), the Senate receives from the House of Representatives a joint resolution introduced under subsection (d), then the following procedures shall apply:
|
||||
|
||||
(1) The joint resolution of the House of Representatives shall not be referred to a committee.
|
||||
|
||||
(2) With respect to a joint resolution introduced under subsection (d) in the Senate—
|
||||
|
||||
(A) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but
|
||||
|
||||
(B) (i) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or
|
||||
|
||||
(ii) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution.
|
||||
|
||||
(3) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the joint resolution originated in the Senate.
|
||||
|
||||
(m) Senate action on House resolution If the Senate receives from the House of Representatives a joint resolution introduced under subsection (d) after the Senate has disposed of a Senate originated joint resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.
|
||||
|
||||
(Pub. L. 99–177, title II, § 258B, as added Pub. L. 101–508, title XIII, § 13101(g), Nov. 5, 1990, 104 Stat. 1388–597.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 258B, referred to in subsec. (e)(1), (2), means section 258B of Pub. L. 99–177, which is classified to this section. The Congressional Budget Act of 1974, referred to in subsec. (k), is titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to subchapters I (§ 631 et seq.) and II (§ 651 et seq.) of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 907d"
|
||||
description: "Special reconciliation process"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 2
|
||||
title_name: "THE CONGRESS"
|
||||
chapter_number: "20"
|
||||
chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
|
||||
section: "907d"
|
||||
citation: "2 U.S.C. § 907d"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
|
||||
source_identifier: "/us/usc/t2/s907d"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 2 U.S.C. § 907d - Special reconciliation process
|
||||
|
||||
## Text
|
||||
|
||||
(a) Reporting of resolutions and reconciliation bills and resolutions, in Senate (1) Committee alternatives to Presidential order After the submission of an OMB sequestration update report under section 904 of this title that envisions a sequestration under section 902 or 903 of this title, each standing committee of the Senate may, not later than October 10, submit to the Committee on the Budget of the Senate information of the type described in section 632(d) of this title with respect to alternatives to the order envisioned by such report insofar as such order affects laws within the jurisdiction of the committee.
|
||||
|
||||
(2) Initial Budget Committee action After the submission of such a report, the Committee on the Budget of the Senate may, not later than October 15, report to the Senate a resolution. The resolution may affirm the impact of the order envisioned by such report, in whole or in part. To the extent that any part is not affirmed, the resolution shall state which parts are not affirmed and shall contain instructions to committees of the Senate of the type referred to in section 641(a) of this title, sufficient to achieve at least the total level of deficit reduction contained in those sections which are not affirmed.
|
||||
|
||||
(3) Response of committees Committees instructed pursuant to paragraph (2), or affected thereby, shall submit their responses to the Budget Committee no later than 10 days after the resolution referred to in paragraph (2) is agreed to, except that if only one such Committee is so instructed such Committee shall, by the same date, report to the Senate a reconciliation bill or reconciliation resolution containing its recommendations in response to such instructions. A committee shall be considered to have complied with all instructions to it pursuant to a resolution adopted under paragraph (2) if it has made recommendations with respect to matters within its jurisdiction which would result in a reduction in the deficit at least equal to the total reduction directed by such instructions.
|
||||
|
||||
(4) Budget Committee action Upon receipt of the recommendations received in response to a resolution referred to in paragraph (2), the Budget Committee shall report to the Senate a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revisions. In the event that a committee instructed in a resolution referred to in paragraph (2) fails to submit any recommendation (or, when only one committee is instructed, fails to report a reconciliation bill or resolution) in response to such instructions, the Budget Committee shall include in the reconciliation bill or reconciliation resolution reported pursuant to this subparagraph legislative language within the jurisdiction of the noncomplying committee to achieve the amount of deficit reduction directed in such instructions.
|
||||
|
||||
(5) Point of order It shall not be in order in the Senate to consider any reconciliation bill or reconciliation resolution reported under paragraph (4) with respect to a fiscal year, any amendment thereto, or any conference report thereon if—
|
||||
|
||||
(A) the enactment of such bill or resolution as reported;
|
||||
|
||||
(B) the adoption and enactment of such amendment; or
|
||||
|
||||
(C) the enactment of such bill or resolution in the form recommended in such conference report,
|
||||
|
||||
would cause the amount of the deficit for such fiscal year to exceed the maximum deficit amount for such fiscal year, unless the low-growth report submitted under section 904 of this title projects negative real economic growth for such fiscal year, or for each of any two consecutive quarters during such fiscal year.
|
||||
|
||||
(6) Treatment of certain amendments In the Senate, an amendment which adds to a resolution reported under paragraph (2) an instruction of the type referred to in such paragraph shall be in order during the consideration of such resolution if such amendment would be in order but for the fact that it would be held to be non-germane on the basis that the instruction constitutes new matter.
|
||||
|
||||
(7) “Day” defined For purposes of paragraphs (1), (2), and (3), the term “day” shall mean any calendar day on which the Senate is in session.
|
||||
|
||||
(b) Procedures (1) In general Except as provided in paragraph (2), in the Senate the provisions of sections 636 and 641 of this title for the consideration of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration of resolutions, and reconciliation bills and reconciliation resolutions reported under this paragraph and conference reports thereon.
|
||||
|
||||
(2) Limit on debate Debate in the Senate on any resolution reported pursuant to subsection (a)(2), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to 10 hours.
|
||||
|
||||
(3) Limitation on amendments Section 641(d)(2) of this title shall apply to reconciliation bills and reconciliation resolutions reported under this subsection.
|
||||
|
||||
(4) Bills and resolutions received from the House Any bill or resolution received in the Senate from the House, which is a companion to a reconciliation bill or reconciliation resolution of the Senate for the purposes of this subsection, shall be considered in the Senate pursuant to the provisions of this subsection.
|
||||
|
||||
(5) “Resolution” defined For purposes of this subsection, the term “resolution” means a simple, joint, or concurrent resolution.
|
||||
|
||||
(Pub. L. 99–177, title II, § 258C, as added Pub. L. 101–508, title XIII, § 13101(g), Nov. 5, 1990, 104 Stat. 1388–600.)
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 908"
|
||||
description: "Repealed. Pub. L. 105–33, title X, § 10210, Aug. 5, 1997, 111 Stat. 711"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 2
|
||||
title_name: "THE CONGRESS"
|
||||
chapter_number: "20"
|
||||
chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
|
||||
section: "908"
|
||||
citation: "2 U.S.C. § 908"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
|
||||
source_identifier: "/us/usc/t2/s908"
|
||||
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
|
||||
source_hash: "bfbab3762566e57e51e2e1851abca0dfa5868c0b6ec2c53c14679982ce55ad49"
|
||||
raw_snapshot_hash: "ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e"
|
||||
text_hash: "9eadc59f0ce11a83f17b1bc3c0e8be8adbc32e0e778bb0e2bdc12953eaa7eb6c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 2 U.S.C. § 908 - Repealed. Pub. L. 105–33, title X, § 10210, Aug. 5, 1997, 111 Stat. 711
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 99–177, title II, § 258, as added Pub. L. 100–119, title I, § 105(a), Sept. 29, 1987, 101 Stat. 778, related to modification of Presidential order.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 909"
|
||||
description: "Repealed. Pub. L. 101–508, title XIII, § 13212, Nov. 5, 1990, 104 Stat. 1388–621"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 2
|
||||
title_name: "THE CONGRESS"
|
||||
chapter_number: "20"
|
||||
chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
|
||||
section: "909"
|
||||
citation: "2 U.S.C. § 909"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
|
||||
source_identifier: "/us/usc/t2/s909"
|
||||
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
|
||||
source_hash: "80be86430a0cfde8adcc5813e4e104a8ad50e87e3d7a7327defb3b4025f1fc2c"
|
||||
raw_snapshot_hash: "ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e"
|
||||
text_hash: "cd19f53d706a135784afc8b7bf04137803122369db062606ee2eff5d2b77f535"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 2 U.S.C. § 909 - Repealed. Pub. L. 101–508, title XIII, § 13212, Nov. 5, 1990, 104 Stat. 1388–621
|
||||
|
||||
## Notes
|
||||
|
||||
Section, Pub. L. 100–119, title II, § 202, Sept. 29, 1987, 101 Stat. 784, prohibited counting as savings transfer of Government actions from one year to another.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 921"
|
||||
description: "Transferred"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 2
|
||||
title_name: "THE CONGRESS"
|
||||
chapter_number: "20"
|
||||
chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
|
||||
section: "921"
|
||||
citation: "2 U.S.C. § 921"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
|
||||
source_identifier: "/us/usc/t2/s921"
|
||||
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
|
||||
source_hash: "53265897fdd189a1b605e2823d3378df1ed514b60653bf032e08044c4e85825a"
|
||||
raw_snapshot_hash: "ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e"
|
||||
text_hash: "13c4180a5475d7acaa5c09fab416c935e6a1ac5287f97bc6be98978c102c4bb2"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 2 U.S.C. § 921 - Transferred
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section, Pub. L. 99–177, title II, § 273, Dec. 12, 1985, 99 Stat. 1098, which related to revenue estimates, was redesignated as section 201(g) of Pub. L. 93–344 by section 13202(b) of Pub. L. 101–508 and is classified to section 601(f) of this title.
|
||||
@@ -0,0 +1,81 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "2 U.S.C. § 922"
|
||||
description: "Judicial review"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 2
|
||||
title_name: "THE CONGRESS"
|
||||
chapter_number: "20"
|
||||
chapter_name: "EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS"
|
||||
section: "922"
|
||||
citation: "2 U.S.C. § 922"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc02@119-100.zip"
|
||||
source_identifier: "/us/usc/t2/s922"
|
||||
source_file: "data/legal/raw/us/code/title-02/usc02.xml"
|
||||
source_hash: "08882e6a45d7f4b6b2cecf8ce23d0ec01eac9b671ebe3b81a410da45f64e3d17"
|
||||
raw_snapshot_hash: "ec6910a011de0a97d11b263bbcd649766188311e429ae6bdb5fc2cf5e6ebbb9e"
|
||||
text_hash: "08bfd0e838d3c48bb371f249513c9719b01c63277a24f373d353f6a3176ad4f4"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 2 U.S.C. § 922 - Judicial review
|
||||
|
||||
## Text
|
||||
|
||||
(a) Expedited review (1) Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that any order that might be issued pursuant to section 904 of this title violates the Constitution.
|
||||
|
||||
(2) Any Member of Congress, or any other person adversely affected by any action taken under this title,11 See References in Text note below. may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief concerning the constitutionality of this title.1
|
||||
|
||||
(3) Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory and injunctive relief on the ground that the terms of an order issued under section 904 of this title do not comply with the requirements of this title.1
|
||||
|
||||
(4) A copy of any complaint in an action brought under paragraph (1), (2), or (3) shall be promptly delivered to the Secretary of the Senate and the Clerk of the House of Representatives, and each House of Congress shall have the right to intervene in such action.
|
||||
|
||||
(5) Any action brought under paragraph (1), (2), or (3) shall be heard and determined by a three-judge court in accordance with section 2284 of title 28.
|
||||
|
||||
Nothing in this section or in any other law shall infringe upon the right of the House of Representatives to intervene in an action brought under paragraph (1), (2), or (3) without the necessity of adopting a resolution to authorize such intervention.
|
||||
|
||||
(b) Appeal to Supreme Court Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be issued by a single Justice of the Supreme Court.
|
||||
|
||||
(c) Expedited consideration It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a).
|
||||
|
||||
(d) Noncompliance with sequestration procedures (1) If it is finally determined by a court of competent jurisdiction that an order issued by the President under section 904 of this title for any fiscal year—
|
||||
|
||||
(A) does not reduce automatic spending increases under any program specified in section 906(a) 1 of this title if such increases are required to be reduced by subchapter I of this chapter (or reduces such increases by a greater extent than is so required), or
|
||||
|
||||
(B) does not sequester the amount of budgetary resources which is required to be sequestered by such subchapter (or sequesters more than that amount) with respect to any program, project, activity, or account,
|
||||
|
||||
the President shall, within 20 days after such determination is made, revise the order in accordance with such determination.
|
||||
|
||||
(2) If the order issued by the President under section 904 of this title for any fiscal year—
|
||||
|
||||
(A) does not reduce any automatic spending increase to the extent that such increase is required to be reduced by subchapter I of this chapter,
|
||||
|
||||
(B) does not sequester any amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by such subchapter I, or
|
||||
|
||||
(C) does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under such subchapter,
|
||||
|
||||
on the claim or defense that the constitutional powers of the President prevent such sequestration or reduction or permit the avoidance of such sequestration or reduction, and such claim or defense is finally determined by the Supreme Court of the United States to be valid, then the entire order issued pursuant to section 904 of this title for such fiscal year shall be null and void.
|
||||
|
||||
(e) Timing of relief No order of any court granting declaratory or injunctive relief from the order of the President issued under section 904 of this title, including but not limited to relief permitting or requiring the expenditure of funds sequestered by such order, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or, if appeal is taken, during the period before the court to which such appeal is taken has entered its final order disposing of such action.
|
||||
|
||||
(f) Preservation of other rights The rights created by this section are in addition to the rights of any person under law, subject to subsection (e).
|
||||
|
||||
(g) Economic data and assumptions The economic data and economic assumptions used by the Director of OMB in computing the figures specified in any report issued by the Director of OMB under section 904 of this title, shall not be subject to review in any judicial or administrative proceeding.
|
||||
|
||||
(Pub. L. 99–177, title II, § 274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100–119, title I, § 102(b)(9), (10), Sept. 29, 1987, 101 Stat. 774, 775; Pub. L. 105–33, title X, § 10211, Aug. 5, 1997, 111 Stat. 711.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThis title, referred to in subsec. (a)(2), (3), means title II (§ 200 et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables. Section 906(a) of this title, referred to in subsec. (d)(1)(A), was repealed by Pub. L. 111–139, title I, §10(a), Feb. 12, 2010, 124 Stat. 21.
|
||||
|
||||
Amendments1997—Subsec. (a)(1), (3). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”. Subsec. (d)(1). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory provisions. Subsec. (d)(1)(A). Pub. L. 105–33, § 10211(2), substituted “906(a) of this title if” for “907(1) of this title to the extent that” and inserted “or” at end. Subsec. (d)(1)(B). Pub. L. 105–33, § 10211(3), substituted “budgetary resources” for “new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority”. Directory language directing the striking of “or” after the comma was executed by striking “or” after “account,” and not after “activity,” to reflect the probable intent of Congress. Subsec. (d)(1)(C). Pub. L. 105–33, § 10211(4), struck out subpar. (C) which read as follows: “does not reduce obligation limitations by the amount by which such limitations are required to be reduced under subchapter I of this chapter (or reduces such limitations by more than that amount) with respect to any program, project, activity, or account,”. Subsec. (d)(2). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory and concluding provisions. Subsec. (e). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”. Subsec. (f). Pub. L. 105–33, § 10211(5), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors. Subsec. (g). Pub. L. 105–33, § 10211(6), substituted “figures” for “base levels of total revenues and total budget outlays, as” and “section 904 of this title” for “section 901(a)(2)(B) or (c)(2) of this title,”. Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Subsec. (h). Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g). 1987—Subsec. (f)(1). Pub. L. 100–119, § 102(b)(9)(A), added par. (1) and struck out former par. (1) which read as follows: “In the event that any of the reporting procedures described in section 901 of this title are invalidated, then any report of the Directors referred to in section 901(a) or (c)(1) of this title shall be transmitted to the joint committee established under this subsection.” Subsec. (f)(2), (3). Pub. L. 100–119, § 102(b)(9)(B), substituted “Director of CBO” for “Directors” wherever appearing. Subsec. (f)(5). Pub. L. 100–119, § 102(b)(9)(C), substituted “section 901(a)(2)(B) or (c)(2)” for “section 901(b) or (c)(2)”. Subsec. (h). Pub. L. 100–119, § 102(b)(10), substituted “and economic assumptions” for “, assumptions, and methodologies”, “Director of OMB” for “Comptroller General” in two places, and “section 901(a)(2)(B)” for “section 901(b)”.
|
||||
Reference in New Issue
Block a user