2 U.S.C. § 904: Reports and orders

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. 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. 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. 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 . The amount of net deficit increase or decrease, if any, calculated under section 902(b) of this title . 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. 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 . The maximum deficit amount, the estimated deficit calculated under section 903(b) of this title , the excess deficit, and the margin. 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. The sequestration percentage necessary to achieve the required reduction in defense accounts under section 903(d) of this title . The reductions required under sections 903(e)(1) and 903(e)(2) of this title. The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 903(e)(3) of this title . The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection. 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 . 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. On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates. For the current year and each subsequent year through 2025 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. 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. For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction. 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 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. 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 resources for any budget account to be reduced if such difference is greater than $5,000,000. 1 So in original. Probably should be “sequestrable”. 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. 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. 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 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. 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 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. 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 . Upon the enactment of this Act [ Nov. 5, 1990 ], the orders issued by the President on August 25, 1990 , and October 15, 1990 [set out below], pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] are hereby rescinded. Any action taken to implement the orders referred to in subsection (a) shall be reversed, and any sequestrable resource that has been reduced or sequestered by such orders is hereby restored, revived, or released and shall be available to the same extent and for the same purpose as if the orders had not been issued. Federal employees furloughed as a result of the lapse in appropriations from midnight October 5, 1990 , until the enactment of House Joint Resolution 666 [ Pub. L. 101–412 , which was approved Oct. 9, 1990 ] shall be compensated at their standard rate of compensation for the period during which there was a lapse in appropriations. All obligations incurred in anticipation of the appropriations made and authority granted by House Joint Resolution 666 for the purposes of maintaining the essential level of activity to protect life and property and bringing about orderly termination of government functions are hereby ratified and approved if otherwise in accord with the provisions of that Act [ Pub. L. 101–412 , Oct. 9, 1990 , 104 Stat. 894 ].” Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [ Oct. 28, 1990 ] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] is suspended and no action shall be taken to implement any such order. Subsection (a) shall cease to be effective on the date set forth in section 101(b)(B) [ Nov. 5, 1990 ].” Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [ Oct. 25, 1990 ] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] is suspended and no action shall be taken to implement any such order. Subsection (a) shall cease to be effective on the date set forth in section 108(c) [ Oct. 27, 1990 ].” Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [ Oct. 19, 1990 ] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] is suspended and no action shall be taken to implement any such order. Subsection (a) shall cease to be effective on the date set forth in section 108(c) [ Oct. 24, 1990 ].” Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [ Oct. 9, 1990 ] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] is suspended and no action shall be taken to implement any such order. Subsection (a) shall cease to be effective on the date set forth in section 108(c) [ Oct. 19, 1990 ].” Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [ Oct. 1, 1990 ] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] is suspended and no action shall be taken to implement any such order. Subsection (a) shall cease to be effective on the date set forth in section 108(c) [ Oct. 5, 1990 ].” Upon the issuance of a new final order by the President under subsection (b)(4) [set out below], the order issued by the President on October 16, 1989 [set out below], pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] is rescinded. Except as otherwise provided in sections 6001, 6101, and 6201 [set out above], and subject to subsection (b), any action taken to implement the order issued by the President on October 16, 1989 , shall be reversed, and any sequesterable budgetary resource that has been reduced or sequestered by such order is restored, revived, or released and shall be available to the same extent and for the same purposes as if an order had not been issued. For purposes of section[s] 702(d) and 1101(c) of the Ethics Reform Act of 1989 [ Pub. L. 101–194 , 5 U.S.C. 5305 note, 2 U.S.C. 31–1 note], the order issued by the President on October 16, 1989 , pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902 ] is deemed to be rescinded on January 31, 1990 . Before the close of the fifteenth calendar day beginning after the date of enactment of this Act [ Dec. 19, 1989 ], the Director of OMB shall issue a revised report using the exact budget baseline set forth in the report of October 16, 1989 [set out below], and following the requirements, specifications, definitions, and calculations required by the Balanced Budget and Emergency Deficit Control Act of 1985 [ Pub. L. 99–177, title II , see Short Title note set out under 2 U.S.C. 900 ] for the final report issued under section 251(c)(2) [former 2 U.S.C. 901(c)(2) ] for fiscal year 1990, except that the aggregate outlay reduction to be achieved shall be an amount equal to $16.1 billion multiplied by 130 divided by 365. Calculations made to carry out the preceding sentence shall take into account the reductions and cancellations achieved by paragraphs (2) and (3) and shall not be affected by subsection (d). Notwithstanding any provision of law other than this paragraph, the reductions and cancellations in the student loan programs described in section 256(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 906(c) ] achieved by the order issued by the President on October 16, 1989 , shall remain in effect through December 31, 1989 , and no reductions or cancellations in such programs shall be made by the order issued under paragraph (4). Notwithstanding any provision of law other than this paragraph, any automatic spending increase suspended or cancelled by the order issued by the President on October 16, 1989 , shall be paid at a rate that is 130/365ths less than the rate that would have been paid under the laws providing for such automatic spending increase. On the date that the Director submits a revised report to the President under paragraph (1) for fiscal year 1990, the President shall issue a new final order to make all of the reductions and cancellations specified in such report in conformity with section 252(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 902(a)(2) ]. Such order shall be deemed to have become effective on October 16, 1989 . Before the close of the thirtieth day beginning after the date the President issues a new final order under subsection (b)(4), the Comptroller General shall submit to the Congress and the President a compliance report setting forth the information required under section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 903 ] with respect to such order. With respect to items and services described in section 6001, 6101, or 6201 [set out above] for periods for which reductions are made pursuant to the respective sections, no reduction shall be made under subsection (b).”