2 U.S.C. § 904 | Reports and orders

(a)

Timetable

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.

The timetable with respect to this subchapter for any budget year is as follows:

(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

section 901 of this titleThe 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 .

(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)

section 902(b) of this title The amount of net deficit increase or decrease, if any, calculated under .

(B)

November 5, 1990 A list identifying each law enacted and sequestration implemented after , included in the calculation of the amount of deficit increase or decrease and specifying the budgetary effect of each such law.

(C)

section 902(c) of this title 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 .

(4)

Deficit sequestration reports

The preview reports shall set forth for the budget year estimates for each of the following:

(A)

section 903(b) of this title The maximum deficit amount, the estimated deficit calculated under , the excess deficit, and the margin.

(B)

section 902 of this title The amount of reductions required under , 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)

section 903(d) of this title The sequestration percentage necessary to achieve the required reduction in defense accounts under .

(D)

The reductions required under sections 903(e)(1) and 903(e)(2) of this title.

(E)

section 903(e)(3) of this title The sequestration percentage necessary to achieve the required reduction in non-defense accounts under .

section 903(g)(1)(B) of this titleThe 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 .

(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

section 905(f) of this titleOn 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 .

(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)

section 901 of this title 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 , 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

section 902(b) of this title 1

1 So in original. Probably should be “sequestrable”.

The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under , any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable  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

section 1105(a) of title 31In 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 .

Pub. L. 99–177, title II, § 254Dec. 12, 198599 Stat. 1078 Pub. L. 100–119, title ISept. 29, 1987101 Stat. 773 Pub. L. 101–508, title XIII, § 13101(a)Nov. 5, 1990104 Stat. 1388–586 Pub. L. 103–66, title XIVAug. 10, 1993107 Stat. 684 Pub. L. 103–322, title XXXI, § 310001(g)(2)Sept. 13, 1994108 Stat. 2105 Pub. L. 104–316, title I, § 102(d)Oct. 19, 1996110 Stat. 3828 Pub. L. 105–33, title X, § 10206Aug. 5, 1997111 Stat. 704 Pub. L. 112–25, title I, § 103Aug. 2, 2011125 Stat. 246 Pub. L. 113–67, div. A, title I, § 121(3)Dec. 26, 2013127 Stat. 1175 Pub. L. 118–5, div. A, title I, § 101(c)June 3, 2023137 Stat. 13(, , ; , §§ 102(b)(1), 106(e)(2), , , 781; , , ; , §§ 14002(c)(2), 14003(b), , , 685; , , ; , , ; , , ; , , ; , (4), , ; , , .)

Editorial Notes

Codification

November 5, 1990Pub. L. 101–508, referred to in subsec. (c)(3)(B), was in the original “the date of enactment of this section”, which was translated as meaning the date of enactment of , which amended this section generally, to reflect the probable intent of Congress.

Amendments

Pub. L. 118–5, § 101(c)(1)2023—Subsec. (c)(2). , substituted “2025” for “2021”.

Pub. L. 118–5, § 101(c)(2)Subsec. (f)(2)(A). , substituted “2025” for “2021”.

Pub. L. 113–67, § 121(3)2013—Subsec. (c)(3)(A). , substituted “section 902(b)” for “subsection 902(b)”.

Pub. L. 113–67, § 121(4)Subsec. (f)(4). , substituted “section 902(b)” for “subsection 902(b)”.

Pub. L. 112–25, § 103(1)2011—Subsec. (c)(2). , substituted “2021” for “2002”.

Pub. L. 112–25, § 103(2)Subsec. (e). , added “This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year.” at end.

Pub. L. 112–25, § 103(3)Subsec. (f)(2)(A). , substituted “2021” for “2002” and inserted “, including a final estimate of the adjustment for disaster funding” before period at end.

Pub. L. 105–33, § 10206(1)section 903(g)(1)(B) of this title1997—Subsec. (c). , (2), redesignated subsec. (d) as (c), substituted “2002” for “1998” in par. (2), and struck out heading and text of former subsec. (c). Text read as follows: “With respect to budget year 1994 or 1995, on the date specified in subsection (a) of this section the President shall notify the House of Representatives and the Senate of his decision regarding the optional adjustment of the maximum deficit amount (as allowed under ).”

Pub. L. 105–33, § 10206(1)Subsec. (d). , (3), redesignated subsec. (e) as (d) and substituted “section 905(f)” for “section 905(h)”. Former subsec. (d) redesignated (c).

Pub. L. 105–33, § 10206(1)Subsec. (e). , redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Pub. L. 105–33, § 10206(1)Subsec. (f). , redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).

Pub. L. 105–33, § 10206(4)(A)Subsec. (f)(2)(A). , substituted “2002” for “1998”.

Pub. L. 105–33, § 10206(4)(B)Subsec. (f)(3). , struck out “through 1998” after “each outyear”.

Pub. L. 105–33, § 10206(4)(C)Subsec. (f)(4) to (6). , redesignated pars. (5) and (6) as (4) and (5), respectively, and struck out heading and text of former par. (4). Text read as follows: “The final reports shall set forth for the budget year estimates for each of the following:

“(A) The amount of budget authority appropriated from the Violent Crime Reduction Trust Fund and outlays resulting from those appropriations.

section 901a of this title“(B) The sequestration percentage and reductions, if any, required under .”

Pub. L. 105–33, § 10206(1)Subsec. (g). , (5), redesignated subsec. (h) as (g) and substituted “paragraph (f)(2)” for “paragraph (g)(2)” and “paragraphs (f)(2) and (f)(4)” for “paragraphs (g)(2) and (g)(4)”. Former subsec. (g) redesignated (f).

Pub. L. 105–33, § 10206(1)Subsecs. (h) to (k). , redesignated subsecs. (i) to (k) as (h) to (j), respectively. Former subsec. (h) redesignated (g).

Pub. L. 104–316, § 102(d)(1)1996—Subsec. (a). , struck out item at end of timetable relating to GAO compliance report.

Pub. L. 104–316, § 102(d)(2)Subsec. (i). , in introductory provisions substituted “Upon request of the Committee on the Budget of the House of Representatives or the Senate” for “On the date specified in subsection (a) of this section”.

Pub. L. 103–3221994—Subsec. (g)(4) to (6). added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Pub. L. 103–661993—Subsecs. (d)(2), (g)(2)(A), (3). substituted “1998” for “1995”.

Pub. L. 101–5081990— amended section generally, substituting provisions setting out timetable and requisite content of reports and orders developed as part of sequestration process for former provisions relating to special Congressional procedures in the event of recession, Congressional responses to Presidential orders, and treatment of certain resolutions as reconciliation bills.

Pub. L. 100–119, § 102(b)(1)1987—Subsec. (b)(1)(A). , substituted “the Director of OMB” for “the Comptroller General”.

Pub. L. 100–119, § 106(e)(2)Subsec. (b)(1)(E). , inserted provisions relating to maximum deficit amount for fiscal year 1988 or 1989.

Statutory Notes and Related Subsidiaries

Congressional Budget Office Excepted From Certain Requirements

section 104(b) of Pub. L. 112–25 section 902 of this titleSubsections (c), (f)(3), and (i) of this section inapplicable to the Congressional Budget Office, see , set out as a note under .

Fiscal Year Deficit Control Measures

Pub. L. 102–27, title IV, § 401(b)Apr. 10, 1991105 Stat. 154

Apr. 10, 1991November 9, 19902 U.S.C. 901“Upon the enactment of this Act [], the order issued by the President on [set out below], pursuant to sections 251 and 254 of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, [, 904] is hereby rescinded. Any action taken to implement this order shall be reversed, and any sequestrable resource that has been reduced or sequestered by such order is hereby restored, revived, or released and shall be available to the same extent and for the same purpose as if the order had not been issued.”

1991—, , , provided that:

Pub. L. 101–508, title XIII, § 13401Nov. 5, 1990104 Stat. 1388–628

“(a)

Order Rescinded .—

Nov. 5, 1990August 25, 1990October 15, 19902 U.S.C. 902Upon the enactment of this Act [], the orders issued by the President on , and [set out below], pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] are hereby rescinded.

“(b)

Amounts Restored .—

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.

“(c)

Furloughed Employees .—

(1)

October 5, 1990Pub. L. 101–412Oct. 9, 1990 Federal employees furloughed as a result of the lapse in appropriations from midnight , until the enactment of House Joint Resolution 666 [, which was approved ] shall be compensated at their standard rate of compensation for the period during which there was a lapse in appropriations.

“(2)

Pub. L. 101–412Oct. 9, 1990104 Stat. 894 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 [, , ].”

, , , provided that:

Pub. L. 101–467, § 105Oct. 28, 1990104 Stat. 1087

“(a)

Oct. 28, 19902 U.S.C. 902 Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] is suspended and no action shall be taken to implement any such order.

“(b)

Nov. 5, 1990 Subsection (a) shall cease to be effective on the date set forth in section 101(b)(B) [].”

, , , provided that:

Pub. L. 101–461, § 113Oct. 25, 1990104 Stat. 1078

“(a)

Oct. 25, 19902 U.S.C. 902 Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] is suspended and no action shall be taken to implement any such order.

“(b)

Oct. 27, 1990 Subsection (a) shall cease to be effective on the date set forth in section 108(c) [].”

, , , provided that:

Pub. L. 101–444, § 113Oct. 19, 1990104 Stat. 1033

“(a)

Oct. 19, 19902 U.S.C. 902 Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] is suspended and no action shall be taken to implement any such order.

“(b)

Oct. 24, 1990 Subsection (a) shall cease to be effective on the date set forth in section 108(c) [].”

, , , provided that:

Pub. L. 101–412, § 113Oct. 9, 1990104 Stat. 897

“(a)

Oct. 9, 19902 U.S.C. 902 Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] is suspended and no action shall be taken to implement any such order.

“(b)

Oct. 19, 1990 Subsection (a) shall cease to be effective on the date set forth in section 108(c) [].”

, , , provided that:

Pub. L. 101–403, title I, § 113Oct. 1, 1990104 Stat. 870

“(a)

Oct. 1, 19902 U.S.C. 902 Any order on sequestration for fiscal year 1991 issued before, on, or after the date of enactment of this joint resolution [] pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] is suspended and no action shall be taken to implement any such order.

“(b)

Oct. 5, 1990 Subsection (a) shall cease to be effective on the date set forth in section 108(c) [].”

, , , provided that:

Nov. 9, 1990Nov. 12, 1990Final Order of the President of the United States, , 26 Weekly Compilation of Presidential Documents 1797, , provided:

Public Law 99–177 2 U.S.C. 904 Public Law 100–119 Public Law 101–508November 9, 19902 U.S.C. 901By the authority vested in me as President by the statutes of the United States of America, including section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 () [], as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 () and Title XIII of the Omnibus Reconciliation Act of 1990 () (hereafter referred to as “the Act”), I hereby order that the following actions be taken immediately to implement the sequestrations and reductions determined by the Director of the Office of Management and Budget as set forth in his report dated , under sections 251 and 254 of the Act [, 904]:

November 9, 1990(1) Budgetary resources for each non-exempt account within the international category of discretionary spending shall be reduced as specified by the Director of the Office of Management and Budget in his report of .

2 U.S.C. 900(c)(6)2 U.S.C. 901(2) Pursuant to sections 250(c)(6) and 251 [former , ], budgetary resources subject to sequestration shall be new budget authority; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; and obligation limitations.

Pub. L. 99–177, title II 2 U.S.C. 900November 9, 1990(3) For accounts making commitments for guaranteed loans as authorized by substantive law, the head of each Department or agency is directed to reduce the level of such commitments or obligations to the extent necessary to conform to the limitations established by the Act [, see Short Title note set out under ] and specified by the Director of the Office of Management and Budget in his report of .

All sequestrations shall be made in strict accordance with the specifications of the November 9th report of the Director of the Office of Management and Budget and the requirements of sections 251 and 254.

George Bush.

Oct. 15, 1990Final Order of the President of the United States, , 55 F.R. 41977, provided:

Public Law 99–177 2 U.S.C. 902 Public Law 100–119October 15, 19902 U.S.C. 901By the authority vested in me as President by the statutes of the United States of America, including section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 () [], as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 () (hereafter referred to as “the Act”), I hereby order that the following actions shall be taken to implement the sequestrations and reductions determined by the Director of the Office of Management and Budget as set forth in his report dated , under section 251 of the Act []:

(1) Each automatic spending increase that would, but for the provisions of the Act, take effect during fiscal year 1991 is permanently sequestered or reduced as provided in section 252.

2 U.S.C. 651(c)(2)(2) The following are sequestered as provided in section 252: new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, as amended []; and obligation limitations.

October 15, 1990(3) For accounts making payments otherwise required by substantive law, the head of each Department or agency is directed to modify the calculation of each such payment to the extent necessary to reduce the estimate of total required payments for the fiscal year by the amount specified by the Director of the Office of Management and Budget in his report of .

October 15, 1990(4) For accounts making commitments for guaranteed loans as authorized by substantive law, the head of each Department or agency is directed to reduce the level of such commitments or obligations to the extent necessary to conform to the limitations established by the Act and specified by the Director of the Office of Management and Budget in his report of .

All reductions and sequestrations shall be made in strict accordance with the specifications of the October 15th report of the Director of the Office of Management and Budget and the requirements of section 252(b).

August 25, 1990This order supersedes the Initial Order issued on [see above].

This order shall be published in the Federal Register.

George Bush.

Aug. 25, 1990Oct. 15, 1990Initial Order of the President of the United States, , 55 F.R. 35133, which provided emergency deficit control measures for fiscal year 1991, was superseded by Final Order of the President, , 55 F.R. 41977, set out above.

Pub. L. 101–239, title VI, § 6001Dec. 19, 1989103 Stat. 2139

42 U.S.C. 1395October 16, 19892 U.S.C. 902(b)2 U.S.C. 902(a)(4)(B)December 31, 198942 U.S.C. 1395c 42 U.S.C. 1395ww“Notwithstanding any other provision of law (including section 11002 [set out below] or any other provision of this Act, other than section 6201 [set out below]), the reductions in the amount of payments required under title XVIII of the Social Security Act [ et seq.] made by the final sequester order issued by the President on [set out below], pursuant to section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [] shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [, 906(d)(2)]) through , with respect to payments for items and services under part A of such title [ et seq.] (including payments under section 1886 of such title [] attributable or allocated to such part). Each such payment made for items and services provided during fiscal year 1990 after such date shall be increased by 1.42 percent above what it would otherwise be under this Act.”

1990—, , , provided that:

Pub. L. 101–239, title VI, § 6101Dec. 19, 1989103 Stat. 2168

42 U.S.C. 1395October 16, 19892 U.S.C. 902(b)2 U.S.C. 902(a)(4)(B)March 31, 199042 U.S.C. 1395j“Notwithstanding any other provision of law (including any other provision of this Act, other than section 6201 [set out below]), the reductions in the amount of payments required under title XVIII of the Social Security Act [ et seq.] made by the final sequester order issued by the President on , pursuant to section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [] shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [, 906(d)(2)]) through , with respect to payments for items and services under part B of such title [ et seq.].”

, , , provided that:

Pub. L. 101–239, title VI, § 6201Dec. 19, 1989103 Stat. 2225

42 U.S.C. 1395October 16, 19892 U.S.C. 902(b)2 U.S.C. 902(a)(4)(B)December 31, 198942 U.S.C. 1395lsection 402 of Pub. L. 90–248 42 U.S.C. 1395b–1 42 U.S.C. 1395llsection 222 of Pub. L. 92–603 42 U.S.C. 1395b–1 42 U.S.C. 1395b–1“Notwithstanding any other provision of law (including section 11002 [set out below] or any other provision of this Act), the reductions in the amount of payments required under title XVIII of the Social Security Act [ et seq.] made by the final sequester order issued by the President on [set out below], pursuant to section 252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [] shall continue to be effective (as provided by sections 252(a)(4)(B) and 256(d)(2) of such Act [, 906(d)(2)]) through , with respect to payments under section 1833(a)(1)(A) or 1876 of the Social Security Act [(a)(1)(A), 1395mm], section 402 of the Social Security Amendments of 1967 [, enacting , and amending ], or section 222 of the Social Security Amendments of 1972 [, amending and enacting provisions set out as a note under ]. Each such payment made during fiscal year 1990 after such date shall be increased by 1.42 percent above what it would otherwise be under this Act.”

, , , provided that:

Pub. L. 101–239, title XI, § 11002Dec. 19, 1989103 Stat. 2490

“(a)

Order Rescinded .—

(1)

October 16, 19892 U.S.C. 902 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 [set out below], pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] is rescinded.

“(2)

October 16, 1989 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 , 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.

“(3)

Pub. L. 101–194 5 U.S.C. 5305 2 U.S.C. 31–1October 16, 19892 U.S.C. 902January 31, 1990 For purposes of section[s] 702(d) and 1101(c) of the Ethics Reform Act of 1989 [, note, note], the order issued by the President on , pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 [] is deemed to be rescinded on .

“(b)

Adjusted Reduction.—

“(1)

Dec. 19, 1989October 16, 1989Pub. L. 99–177, title II 2 U.S.C. 900 2 U.S.C. 901(c)(2) Before the close of the fifteenth calendar day beginning after the date of enactment of this Act [], the Director of OMB shall issue a revised report using the exact budget baseline set forth in the report of [set out below], and following the requirements, specifications, definitions, and calculations required by the Balanced Budget and Emergency Deficit Control Act of 1985 [, see Short Title note set out under ] for the final report issued under section 251(c)(2) [former ] 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).

“(2)

2 U.S.C. 906(c)October 16, 1989December 31, 1989 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 [] achieved by the order issued by the President on , shall remain in effect through , and no reductions or cancellations in such programs shall be made by the order issued under paragraph (4).

“(3)

October 16, 1989 Notwithstanding any provision of law other than this paragraph, any automatic spending increase suspended or cancelled by the order issued by the President on , 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.

“(4)

2 U.S.C. 902(a)(2)October 16, 1989 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 []. Such order shall be deemed to have become effective on .

“(c)

Compliance Report by Comptroller General .—

2 U.S.C. 903Before 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 [] with respect to such order.

“(d)

No Double Reduction in Medicare .—

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).”

, , , provided that:

Dec. 27, 1989New Final Order of the President of the United States, , 54 F.R. 53469, provided:

Public Law 99–177 2 U.S.C. 902 Public Law 100–119 Public Law 101–239December 27, 19892 U.S.C. 901By the authority vested in me as President by the statutes of the United States of America, including section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 () [], as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 () (hereafter referred to as “the Act”), and section 11002 of the Omnibus [Budget] Reconciliation Act of 1989 () (“OBRA”) [set out above], I hereby order that the following actions be taken to implement the sequestrations and reductions determined by the Director of the Office of Management and Budget as set forth in his report dated , under section 251 of the Act [] and section 11002 of the OBRA:

(1) Each automatic spending increase that would, but for the provisions of the Act, take effect during fiscal year 1990 is permanently sequestered or reduced as provided in section 252 of the Act and section 11002 of OBRA.

2 U.S.C. 651(c)(2)(2) The following are sequestered as provided in section 252 of the Act and section 11002 of OBRA: new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, as amended []; and obligation limitations.

December 27, 1989(3) For accounts making payments otherwise required by substantive law, the head of each department or agency is directed to modify the calculation of each such payment to the extent necessary to reduce the estimate of total required payments for the fiscal year by the amount specified by the Director of the Office of Management and Budget in his report of .

December 27, 1989(4) For accounts making commitments for guaranteed loans or obligations for direct loans as authorized by substantive law, the head of each department or agency is directed to reduce the level of such commitments or obligations to the extent necessary to conform to the limitations established by the Act and by OBRA and specified by the Director of the Office of Management and Budget in his report of .

All reductions and sequestrations shall be made in strict accordance with the specifications of the December 27th report of the Director of the Office of Management and Budget and the requirements of section 252(b) of the Act and section 11002 of OBRA.

October 16, 1989This order shall be deemed to have become effective on , as provided in section 11002 of OBRA.

This order shall be published [in the] Federal Register.

George Bush.

Oct. 16, 1989section 11002(a) of Pub. L. 101–239Dec. 27, 1989Final Order of the President of the United States, , 54 F.R. 42795, which provided emergency deficit control measures for fiscal year 1990, was rescinded by , set out above, upon issuance of New Final Order of the President of the United States, , 54 F.R. 53469, set out above.

Aug. 25, 1989Oct. 16, 1989Initial Order of the President of the United States, , 54 F.R. 35627, which provided emergency deficit control measures for fiscal year 1990, was superseded by Final Order of the President, , 54 F.R. 42795.

Oct. 15, 19881989—Final Order of the President of the United States, , 53 F.R. 40696.

Aug. 25, 1988Initial Order of the President of the United States, , 53 F.R. 32881.

Pub. L. 100–203, title IVDec. 22, 1987101 Stat. 1330–421988—, §§ 4001, 4041(b), 4061, title VIII, § 8002, , , 1330–84, 1330–100, 1330–281.

Pub. L. 100–202, § 1Dec. 22, 1987101 Stat. 1329, , .

Nov. 20, 1987Order of the President of the United States, , 52 F.R. 44960.

Oct. 20, 1987Order of the President of the United States, , 52 F.R. 39205.

Pub. L. 99–366July 31, 1986100 Stat. 7731986—, , .

Pub. L. 99–349, title II, § 202July 2, 1986100 Stat. 748, , .

Pub. L. 99–255Mar. 7, 1986100 Stat. 39 Pub. L. 99–322, § 1May 23, 1986100 Stat. 494, , , as amended by , , .

Feb. 1, 1986Order of the President of the United States, , 51 F.R. 4291.