2 U.S.C. § 932 — Definitions and applications

Page 284 TITLE 2—THE CONGRESS § 931 1 So in original. The word ‘‘and’’ probably should not appear. (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 Di- rector 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.) Editorial Notes REFERENCES IN TEXT This 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 (d)(1)(A), was repealed by Pub.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. AMENDMENTS 1997—Subsec. (a)(1), (3). Pub. L. 105–33, § 10211(1), sub- stituted ‘‘section 904’’ for ‘‘section 902’’. Subsec. (d)(1). Pub. L. 105–33, § 10211(1), substituted ‘‘section 904’’ for ‘‘section 902(b)’’ in introductory provi- sions. 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 ex- tent 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 obliga- tions, or spending authority’’. Directory language di- recting the striking of ‘‘or’’ after the comma was exe- cuted 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 obli- gation limitations by the amount by which such limi- tations 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, ac- tivity, 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 ‘‘sec- tion 904’’ for ‘‘section 902’’. Subsec. (f). Pub. L. 105–33, § 10211(5), redesignated sub- sec. (g) as (f) and struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alter- native procedures for joint reports of directors. Subsec. (g). Pub. L. 105–33, § 10211(6), substituted ‘‘fig- ures’’ for ‘‘base levels of total revenues and total budg- et outlays, as’’ and ‘‘section 904 of this title’’ for ‘‘sec- tion 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 sub- sec. (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 pro- cedures described in section 901 of this title are invali- dated, 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 sub- section.’’ Subsec. (f)(2), (3). Pub. L. 100–119, § 102(b)(9)(B), sub- stituted ‘‘Director of CBO’’ for ‘‘Directors’’ wherever appearing. Subsec. (f)(5). Pub. L. 100–119, § 102(b)(9)(C), sub- stituted ‘‘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)’’. CHAPTER 20A—STATUTORY PAY-AS-YOU-GO Sec. 931. Purpose. 932. Definitions and applications. 933. PAYGO estimates and PAYGO scorecards. 934. Annual report and sequestration order. 935. Calculating a sequestration. 936. Adjustment for current policies. 937. Application of BBEDCA. 938. Determinations and points of order. 939. Limitation on changes to the Social Security Act. § 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. (Pub. L. 111–139, title I, § 2, Feb. 12, 2010, 124 Stat. 8.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 111–139, title I, § 1, Feb. 12, 2010, 124 Stat. 8, provided that: ‘‘This title [enacting this chapter and amending sections 639, 900, 905, and 906 of this title] may be cited as the ‘Statutory Pay-As-You-Go Act of 2010’.’’ § 932. Definitions and applications As used in this chapter— (1) The term ‘‘BBEDCA’’ means the Balanced Budget and Emergency Deficit Control Act of 1985. (2) The definitions set forth in section 622 of this title and in section 250 of BBEDCA [2 U.S.C. 900] shall apply to this chapter, except to the extent that they are specifically modi- fied as follows: (A) The term ‘‘outyear’’ means a fiscal year one or more years after the budget year. (B) In section 250(c)(8)(C) [2 U.S.C. 900(c)(8)(C)], the reference to the food stamp program shall be deemed to be a reference to the Supplemental Nutrition Assistance Pro- gram. (3) The term ‘‘AMT’’ means the Alternative Minimum Tax for individuals under sections 55–59 of title 26, the term ‘‘EGTRRA’’ means the Economic Growth and Tax Relief Rec- onciliation Act of 2001 (Public Law 107–16), and the term ‘‘JGTRRA’’ means the Jobs and Growth Tax Relief and 1 Reconciliation Act of 2003 (Public Law 108–27). Page 285 TITLE 2—THE CONGRESS § 933 1 So in original. Probably should be ‘‘Pay-As-You-Go Act’’. (4)(A) The term ‘‘budgetary effects’’ means the amount by which PAYGO legislation changes outlays flowing from direct spending or revenues relative to the baseline and shall be determined on the basis of estimates pre- pared under section 933 of this title. Budgetary effects that increase outlays flowing from di- rect spending or decrease revenues are termed ‘‘costs’’ and budgetary effects that increase revenues or decrease outlays flowing from di- rect spending are termed ‘‘savings’’. Budg- etary effects shall not include any costs asso- ciated with debt service. (B) For purposes of these definitions, off- budget effects shall not be counted as budg- etary effects. (C) Solely for purposes of recording entries on a PAYGO scorecard, provisions in appro- priation Acts are also considered to be budg- etary effects for purposes of this chapter if such provisions make outyear modifications to substantive law, except that provisions for which the outlay effects net to zero over a pe- riod consisting of the current year, the budget year, and the 4 subsequent years shall not be considered budgetary effects. For purposes of this paragraph, the term, ‘‘modifications to substantive law’’ refers to changes to or re- strictions on entitlement law or other manda- tory spending contained in appropriations Acts, notwithstanding section 250(c)(8) of BBEDCA [2 U.S.C. 900(c)(8)]. Provisions in ap- propriations Acts that are neither outyear modifications to substantive law nor changes in revenues have no budgetary effects for pur- poses of this chapter. (5) The term ‘‘debit’’ refers to the net total amount, when positive, by which costs re- corded on the PAYGO scorecards for a fiscal year exceed savings recorded on those score- cards for that year. (6) The term ‘‘entitlement law’’ refers to a section of law which provides entitlement au- thority. (7) The term ‘‘PAYGO legislation’’ or a ‘‘PAYGO Act’’ refers to a bill or joint resolu- tion that affects direct spending or revenue relative to the baseline. The budgetary effects of changes in revenues and outyear modifica- tions to substantive law included in appropria- tion Acts as defined in paragraph (4) shall be treated as if they were contained in PAYGO legislation or a PAYGO Act. (8) The term ‘‘timing shift’’ refers to a delay of the date on which outlays flowing from di- rect spending would otherwise occur from the ninth outyear to the tenth outyear or an ac- celeration of the date on which revenues would otherwise occur from the tenth outyear to the ninth outyear. (Pub. L. 111–139, title I, § 3, Feb. 12, 2010, 124 Stat. 8.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in par. (1), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) 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 and 1109 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 Short Title note set out under section 900 of this title and Tables. The Economic Growth and Tax Relief Reconciliation Act of 2001, referred to in par. (3), is Pub. L. 107–16, June 7, 2001, 115 Stat. 38. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 26, Internal Rev- enue Code, and Tables. The Jobs and Growth Tax Relief Reconciliation Act of 2003, referred to in par. (3), is Pub. L. 108–27, May 28, 2003, 117 Stat. 752. For complete classification of this Act to the Code, see Short Title of 2003 Amendment note set out under section 1 of Title 26, Internal Rev- enue Code, and Tables. § 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 determina- tion made by the Chairman of the House Budget Committee, a PAYGO Act originated in or amended by the House of Representa- tives may 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 deter- mined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legisla- tion’ 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 determina- tion 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 ef- fects of this Act, for the purpose of com- plying with the Statutory Pay-As-You-Go- Act 1 of 2010, shall be determined by ref- erence to the latest statement titled ‘Budg- etary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congres- sional 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 be- tween the Houses To establish the budgetary effects of the conference report on a PAYGO Act, or an amendment to an amendment between