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2 U.S.C. § 937 — Application of BBEDCA

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 937 — Application of BBEDCA

For purposes of this chapter— (1) notwithstanding section 275 of BBEDCA, the provisions of sections 905, 906, 907, and 922 of this title, as amended by this title,11 See References in Text note below. shall apply to the provisions of this chapter; (2) references in sections 905, 906, 907, and 922 of this title to “this subchapter” or “this title” 1 shall be interpreted as applying to this chapter; (3) references in sections 905, 906, 907, and 922 of this title to “[section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section904&num=0&edition=prelim)” shall be interpreted as referencing [section 934 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section934&num=0&edition=prelim); (4) the reference in [section 906(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/b&num=0&edition=prelim) to “section 902 or 903 of this title” shall be interpreted as referencing [section 934 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section934&num=0&edition=prelim); (5) the reference in [section 906(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d/1&num=0&edition=prelim) to “section 902 or 903 of this title” shall be interpreted as referencing [section 935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section935&num=0&edition=prelim); (6) the reference in [section 906(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d/4&num=0&edition=prelim) to “section 902 or 903 of this title” shall be interpreted as referencing [section 934 of this title](https://uscode.house.gov/view.xhtml?req=gran

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Source location: Title 2, Chapter 20A, § 937; chapter-20a-statutory-pay-as-you-go.md

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 935 — Calculating a sequestration

**(a) Reducing nonexempt budgetary resources by a uniform percentage** (1) **In general** — OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any, on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in [section 906(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d&num=0&edition=prelim) shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings. (2) **Programs and activities in unified budget only** — Subject to the exemptions set forth in section 11,11 See References in Text note below. OMB shall determine the uniform percentage required under paragraph (1) with respect to programs and activities contained in the unified budget only. **(b) Outlay savings** In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count— (1) the amount by which the sequestration in a crop year of crop support payments, pursuant to [section 906(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/j&num=0&edition=prelim), reduces outlays in the budget year and the subsequent fiscal year; (2) the amount by which the sequestration of Medicare payments in the 12-month period following

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 931 — Purpose

The purpose of this chapter is to reestablish a statutory procedure to enforce a rule of budget neutrality on new revenue and direct spending legislation.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 900 — Statement of budget enforcement through sequestration; definitions

**(a) Omitted** **(b) General statement of budget enforcement through sequestration** This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session). **(c) Definitions** As used in this subchapter: (1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [[2 U.S.C. 622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section622&num=0&edition=prelim)] and “discretionary spending limit” shall mean the amounts specified in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim). (2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. (3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be. (4) (A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B). (B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (C

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 904 — Reports and orders

**(a) Timetable** The timetable with respect to this subchapter for any budget year is as follows: Date:Action to be completed: January 21Notification regarding optional adjustment of maximum deficit amount. 5 days before the President’s budget submissionCBO sequestration preview report. The President’s budget submissionOMB sequestration preview report. August 10Notification regarding military personnel. August 15CBO sequestration update report. August 20OMB sequestration update report. 10 days after end of sessionCBO final sequestration report. 15 days after end of sessionOMB final sequestration report; Presidential order. **(b) Submission and availability of reports** Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register. **(c) Sequestration preview reports** (1) **Reporting requirement** — On the dates specified in subsection (a), OMB and CBO shall issue a preview report regarding discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates. (2) **Discretionary sequestration report** — The preview reports shall set forth estimates for the current year and each subsequent year through 2025 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim). (3) **Pay-as-you-go sequestration reports** — The preview reports shall set forth, for the current year and the budget ye

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 934 — Annual report and sequestration order

**(a) Annual report** Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards, a description of any current policy adjustments made under [section 933(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section933/c&num=0&edition=prelim), information about emergency legislation (if any) designated under [section 933(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section933/g&num=0&edition=prelim), information about any sequestration if required by subsection (b), and other data and explanations that enhance public understanding of this chapter and actions taken under it. **(b) Sequestration order** If the annual report issued at the end of a session of Congress under subsection (a) shows a debit on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of direct spending programs by enough to offset that debit as prescribed in [section 935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section935&num=0&edition=prelim). If there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall transmit the order and the report to the House of Representatives and the Senate. If the President issues a sequestration order, the annual report shall contain, for each budget account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestr

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 933 — PAYGO estimates and PAYGO scorecards

**(a) PAYGO estimates** (1) **Required designation in PAYGO Acts** (A) *House of Representatives* — To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the House Budget Committee, a PAYGO Act originated in or amended by the House of Representatives may include the following statement: “The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 11 So in original. Probably should be “Pay-As-You-Go Act”. of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.”. (B) *Senate* — To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the Senate Budget Committee, a PAYGO Act originated in or amended by the Senate shall include the following statement: “The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.”. (C) *Conference reports and amendments between the Houses* — To establish the budgetary effects of the conference report on a PAYGO Act, or an amendment to an amendment between Houses on a PAYGO Act, which if estimated shall be estimated jointly by the Chairmen of the House and Senate Budget Committees, the conference report o

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 937 — Application of BBEDCA

Page 292 TITLE 2—THE CONGRESS § 937 2 So in original. Probably should be ‘‘are’’. 1 See References in Text note below. 2 So in original. Probably should be ‘‘the reference’’. date of enactment of legislation meeting the criteria in paragraph (1), the provisions iden- tified in paragraph (1) had been in effect, without change, for the same period of time covered by the relevant provisions of the eli- gible legislation as under subparagraph (A). (g) Indexing for inflation Indexed amounts are assumed to increase in each year by an amount equal to the cost-of-liv- ing adjustment determined under section 1(f)(3) of title 26 for the calendar year in which the tax- able year begins, determined by substituting ‘‘calendar year 2008’’ for ‘‘calendar year 1992’’ in subparagraph (B) of such section. (h) Guidance on estimates and current policy ad- justments (1) Middle class tax cuts For purposes of estimates made pursuant to subsection (f)— (A) each of the income tax provisions shall be estimated as though the AMT had re- mained at current law as scheduled on De- cember 31, 2009 to be in effect; and (B) if more than 1 of the income tax provi- sions is 2 included in a single piece of legisla- tion, those provisions shall be estimated in the order in which they appear. (2) AMT For purposes of estimates made pursuant to subsection (e), changes to the AMT shall be es- timated as if, on the date of enactment of leg- islation meeting the criteria in subsection (e)(1), all of the income tax provisions identi- fied in subsection (f)(1) were made permanent. (Pub. L. 111–139, title I, § 7, Feb. 12, 2010, 124 Stat. 16.) Editorial Notes REFERENCES IN TEXT EGTRRA, referred to in subsecs. (a)(4) and (f)(1)(C), (G), is the Economic Growth and Tax Relief Reconcili- atio

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