United States Code

USC most recently checked for updates: Jan 17, 2021

§ 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 21

Notification regarding optional adjustment of maximum deficit amount.

5 days before the President’s budget submission

CBO sequestration preview report.

The President’s budget submission

OMB sequestration preview report.

August 10

Notification regarding military personnel.

August 15

CBO sequestration update report.

August 20

OMB sequestration update report.

10 days after end of session

CBO final sequestration report.

15 days after end of session

OMB 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 2021 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title.

(3)
Pay-as-you-go sequestration reports
The preview reports shall set forth, for the current year and the budget year, estimates for each of the following:
(A)
The amount of net deficit increase or decrease, if any, calculated under section 902(b) of this title.
(B)
A list identifying each law enacted and sequestration implemented after November 5, 1990, included in the calculation of the amount of deficit increase or decrease and specifying the budgetary effect of each such law.
(C)
The sequestration percentage or (if the required sequestration percentage is greater than the maximum allowable percentage for medicare) percentages necessary to eliminate a deficit increase under section 902(c) of this title.
(4)
Deficit sequestration reports
The preview reports shall set forth for the budget year estimates for each of the following:
(A)
The maximum deficit amount, the estimated deficit calculated under section 903(b) of this title, the excess deficit, and the margin.
(B)
The amount of reductions required under section 902 of this title, the excess deficit remaining after those reductions have been made, and the amount of reductions required from defense accounts and the reductions required from non-defense accounts.
(C)
The sequestration percentage necessary to achieve the required reduction in defense accounts under section 903(d) of this title.
(D)
The reductions required under sections 903(e)(1) and 903(e)(2) of this title.
(E)
The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 903(e)(3) of this title.
The CBO report need not set forth the items other than the maximum deficit amount for fiscal year 1992, 1993, or any fiscal year for which the President notifies the House of Representatives and the Senate that he will adjust the maximum deficit amount under the option under section 903(g)(1)(B) of this title.
(5)
Explanation of differences

The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection.

(d)
Notification regarding military personnel

On or before the date specified in subsection (a), the President shall notify the Congress of the manner in which he intends to exercise flexibility with respect to military personnel accounts under section 905(f) of this title.

(e)
Sequestration update reports

On the dates specified in subsection (a), OMB and CBO shall issue a sequestration update report, reflecting laws enacted through those dates, containing all of the information required in the sequestration preview reports. This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year.

(f)
Final sequestration reports
(1)
Reporting requirement

On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates.

(2)
Discretionary sequestration reports
The final reports shall set forth estimates for each of the following:
(A)
For the current year and each subsequent year through 2021 the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under section 901 of this title, including a final estimate of the adjustment for disaster funding.
(B)
For the current year and the budget year the estimated new budget authority and outlays for each category and the breach, if any, in each category.
(C)
For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction.
(D)
For the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions.
(3)
Pay-as-you-go and deficit sequestration reports

The final reports shall contain all the information required in the pay-as-you-go and deficit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs.

(4)
Explanation of differences

The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under section 902(b) of this title, any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable 1

1
 So in original. Probably should be “sequestrable”.
resources for any budget account to be reduced if such difference is greater than $5,000,000.

(5)
Presidential order

On the date specified in subsection (a), if in its final sequestration report OMB estimates that any sequestration is required, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance.

(g)
Within-session sequestration reports and order

If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach, 10 days later CBO shall issue a report containing the information required in paragraph (f)(2). Fifteen days after enactment, OMB shall issue a report containing the information required in paragraphs (f)(2) and (f)(4). On the same day as the OMB report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance.

(h)
GAO compliance report
Upon request of the Committee on the Budget of the House of Representatives or the Senate, the Comptroller General shall submit to the Congress and the President a report on—
(1)
the extent to which each order issued by the President under this section complies with all of the requirements contained in this subchapter, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not; and
(2)
the extent to which each report issued by OMB or CBO under this section complies with all of the requirements contained in this subchapter, either certifying that the report fully and accurately complies with such requirements or indicating the respects in which it does not.
(i)
Low-growth report
At any time, CBO shall notify the Congress if—
(1)
during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or
(2)
the most recent of the Department of Commerce’s advance preliminary or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than one percent.
(j)
Economic and technical assumptions

In all reports required by this section, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31.

(Pub. L. 99–177, title II, § 254, Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100–119, title I, §§ 102(b)(1), 106(e)(2), Sept. 29, 1987, 101 Stat. 773, 781; Pub. L. 101–508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388–586; Pub. L. 103–66, title XIV, §§ 14002(c)(2), 14003(b), Aug. 10, 1993, 107 Stat. 684, 685; Pub. L. 103–322, title XXXI, § 310001(g)(2), Sept. 13, 1994, 108 Stat. 2105; Pub. L. 104–316, title I, § 102(d), Oct. 19, 1996, 110 Stat. 3828; Pub. L. 105–33, title X, § 10206, Aug. 5, 1997, 111 Stat. 704; Pub. L. 112–25, title I, § 103, Aug. 2, 2011, 125 Stat. 246; Pub. L. 113–67, div. A, title I, § 121(3), (4), Dec. 26, 2013, 127 Stat. 1175.)
cite as: 2 USC 904