Chapter 20, Subchapter I, Section 901, Subsection (b) · 2 U.S.C. Chapter 20 — EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

Contents

(b)

(1)When the President submits the budget under section 1105 of title 31, OMB shall calculate and the budget shall include adjustments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear to reflect changes in concepts and definitions. Such changes shall equal the baseline levels of new budget authority and outlays using up-to-date concepts and definitions, minus those levels using the concepts and definitions in effect before such changes. Such changes may only be made after consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate, and that consultation shall include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to such changes.

(2)When OMB submits a sequestration report under section 904(e), (f), or (g) of this title for a fiscal year, OMB shall calculate, and the sequestration report and subsequent budgets submitted by the President under section 1105(a) of title 31 shall include 1 adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year, as follows:

(A)If, for any fiscal year, appropriations for discretionary accounts are enacted that—

(i)the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, or

(ii)the Congress designates for Overseas Contingency Operations/Global War on Terrorism in statute on an account by account basis and the President subsequently so designates,

the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for Overseas Contingency Operations/Global War on Terrorism, as applicable.

(B)

(i)If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.], for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustments for that fiscal year shall be the additional new budget authority provided in that Act for such expenses for that fiscal year, but shall not exceed—

(I)for fiscal year 2012, $623,000,000 in additional new budget authority;

(II)for fiscal year 2013, $751,000,000 in additional new budget authority;

(III)for fiscal year 2014, $924,000,000 in additional new budget authority;

(IV)for fiscal year 2015, $1,123,000,000 in additional new budget authority;

(V)for fiscal year 2016, $1,166,000,000 in additional new budget authority;

(VI)for fiscal year 2017, $1,546,000,000 in additional new budget authority;

(VII)for fiscal year 2018, $1,462,000,000 in additional new budget authority;

(VIII)for fiscal year 2019, $1,410,000,000 in additional new budget authority;

(IX)for fiscal year 2020, $1,309,000,000 in additional new budget authority;

(X)for fiscal year 2021, $1,302,000,000 in additional new budget authority;

(XI)for fiscal year 2024, $1,578,000,000 in additional new budget authority; and

(XII)for fiscal year 2025, $1,630,000,000 in additional new budget authority.

(ii)As used in this subparagraph—

(I)the term “continuing disability reviews” means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act [42 U.S.C. 421(i), 1382c(a)(4)], including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity;

(II)the term “redetermination” means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act [42 U.S.C. 1382(c)(1), 1382c(a)(3)(H)]; and

(III)the term “additional new budget authority” means the amount provided for a fiscal year, in excess of $273,000,000, in an appropriation Act and specified to pay for the costs of continuing disability reviews, redeterminations, co-operative disability investigation units, and fraud prosecutions under the heading “Limitation on Administrative Expenses” for the Social Security Administration.

(C)

(i)If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571), then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such program for that fiscal year, but shall not exceed—

(I)for fiscal year 2012, $270,000,000 in additional new budget authority;

(II)for fiscal year 2013, $299,000,000 in additional new budget authority;

(III)for fiscal year 2014, $329,000,000 in additional new budget authority;

(IV)for fiscal year 2015, $361,000,000 in additional new budget authority;

(V)for fiscal year 2016, $395,000,000 in additional new budget authority;

(VI)for fiscal year 2017, $414,000,000 in additional new budget authority;

(VII)for fiscal year 2018, $434,000,000 in additional new budget authority;

(VIII)for fiscal year 2019, $454,000,000 in additional new budget authority;

(IX)for fiscal year 2020, $475,000,000 in additional new budget authority;

(X)for fiscal year 2021, $496,000,000 in additional new budget authority;

(XI)for fiscal year 2024, $604,000,000 in additional new budget authority; and

(XII)for fiscal year 2025, $630,000,000 in additional new budget authority.

(ii)As used in this subparagraph, the term “additional new budget authority” means the amount provided for a fiscal year, in excess of $311,000,000, in an appropriation Act and specified to pay for the costs of the health care fraud and abuse control program.

(D)

(i)If, for fiscal years 2024 and 2025, appropriations for discretionary accounts are enacted that Congress designates as being for disaster relief in statute, the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for disaster relief, but not to exceed the total of—

(I)the average over the previous 10 years (excluding the highest and lowest years) of the sum of the funding provided for disaster relief (as that term is defined on the date immediately before March 23, 2018);

(II)notwithstanding clause (iv), five percent of the total appropriations provided in the previous 10 years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress in statute as an emergency; and

(III)the cumulative net total of the unused carryover for fiscal year 2018 and all subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the sum of the amounts in subclauses (I) and (II) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.

(ii)OMB shall report to the Committees on Appropriations and Budget in each House the average calculated pursuant to clause (i)(II), not later than 30 days after March 23, 2018.

(iii)For the purposes of this subparagraph, the term “disaster relief” means activities carried out pursuant to a determination under section 5122(2) of title 42.

(iv)Appropriations considered disaster relief under this subparagraph in a fiscal year shall not be eligible for adjustments under subparagraph (A) for the fiscal year.

(E)

(i)If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for grants to States under section 306 of the Social Security Act [42 U.S.C. 506], then the adjustment for that fiscal year shall be the additional new budget authority provided in that Act for such grants for that fiscal year, but shall not exceed—

(I)for fiscal year 2018, $0;

(II)for fiscal year 2019, $33,000,000;

(III)for fiscal year 2020, $58,000,000;

(IV)for fiscal year 2021, $83,000,000;

(V)for fiscal year 2024, $265,000,000 in additional new budget authority; and

(VI)for fiscal year 2025, $271,000,000 in additional new budget authority.

(ii)As used in this subparagraph, the term “additional new budget authority” means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation Act and specified to pay for grants to States under section 306 of the Social Security Act [42 U.S.C. 506].

(F)

(i)If, for fiscal years 2020 through 2027, a bill or joint resolution making appropriations for a fiscal year is enacted that provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed—

(I)for fiscal year 2020, $2,250,000,000;

(II)for fiscal year 2021, $2,350,000,000;

(III)for fiscal year 2022, $2,450,000,000;

(IV)for fiscal year 2023, $2,550,000,000;

(V)for fiscal year 2024, $2,650,000,000;

(VI)for fiscal year 2025, $2,750,000,000;

(VII)for fiscal year 2026, $2,850,000,000; and

(VIII)for fiscal year 2027, $2,950,000,000.

(ii)In this subparagraph:

(I)The term “additional new budget authority” means the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs for wildfire suppression operations as reported in the budget of the President submitted under section 1105(a) of title 31 for fiscal year 2015 and are specified to pay for the costs of wildfire suppression operations in an amount not to exceed the amount specified for that fiscal year in clause (i).

(II)The term “wildfire suppression operations” means the emergency and unpredictable aspects of wildland firefighting, including—

(aa)support, response, and emergency stabilization activities;

(bb)other emergency management activities; and

(cc)the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.

(G)If, for fiscal year 2020, appropriations for the Periodic Censuses and Programs account of the Bureau of the Census of the Department of Commerce are enacted that the Congress designates in statute as being for the 2020 Census, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year designated as being for the 2020 Census, but shall not exceed $2,500,000,000.

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