Notes on 2 U.S.C. § 901 : US Code - Notes

Search Notes on 2 U.S.C. § 901 : US Code - Notes

(Pub. L. 99-177, title II, Sec. 251, Dec. 12, 1985, 99 Stat. 1063;
Pub. L. 100-119, title I, Sec. 102(a), Sept. 29, 1987, 101 Stat.
754; Pub. L. 100-203, title VIII, Sec. 8003(f), Dec. 22, 1987, 101
Stat. 1330-282; Pub. L. 101-508, title XIII, Sec. 13101(a), (e)(2),
Nov. 5, 1990, 104 Stat. 1388-577, 1388-593; Pub. L. 103-66, title
XIV, Sec. 14002(c)(1), Aug. 10, 1993, 107 Stat. 683; Pub. L. 103-
87, title V, Sec. 571, Sept. 30, 1993, 107 Stat. 971; Pub. L. 103-
306, title V, Sec. 562, Aug. 23, 1994, 108 Stat. 1649; Pub. L. 103-
354, title I, Sec. 119(d)(1), Oct. 13, 1994, 108 Stat. 3208; Pub.
L. 104-121, title I, Sec. 103(b), Mar. 29, 1996, 110 Stat. 848;
Pub. L. 104-193, title II, Sec. 211(d)(5)(B), Aug. 22, 1996, 110
Stat. 2191; Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V,
Sec. 577], Sept. 30, 1996, 110 Stat. 3009-121, 3009-169; Pub. L.
105-33, title X, Sec. 10203(a), (b), Aug. 5, 1997, 111 Stat. 698,
701; Pub. L. 105-89, title II, Sec. 201(b)(1), Nov. 19, 1997, 111
Stat. 2125; Pub. L. 105-178, title VIII, Sec. 8101(a), (d), June 9,
1998, 112 Stat. 488, 490; Pub. L. 106-291, title VIII, Sec. 801(a),
(b), Oct. 11, 2000, 114 Stat. 1026, 1027; Pub. L. 106-429, Sec.
101(a) [title VII, Sec. 701(a)], Nov. 6, 2000, 114 Stat. 1900,
1900A-64; Pub. L. 107-117, div. C, Sec. 101(a), Jan. 10, 2002, 115
Stat. 2341; Pub. L. 108-88, Sec. 10(a), (b), Sept. 30, 2003, 117
Stat. 1127; Pub. L. 108-310, Sec. 10(a), (b), Sept. 30, 2004, 118
Stat. 1160; Pub. L. 109-59, title VIII, Secs. 8001(a), 8002, Aug.
10, 2005, 119 Stat. 1915, 1916.)
TERMINATION OF SECTION                      
Section expired Sept. 30, 2002. See section 275(b) of Pub. L. 99-
177, as amended, set out as an Effective and Termination Dates
note under section 900 of this title.
REFERENCES IN TEXT                        
Section 8003 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users, referred to in
subsec. (b)(1)(B)(ii)(I)(cc), (D)(i), is section 8003 of Pub. L.
109-59, which is set out as a note below.
Section 211 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, referred to in subsec.
(b)(2)(C)(ii)(I), is section 211 of Pub. L. 104-193, which amended
this section, section 665e of this title, and section 1382c of
Title 42, The Public Health and Welfare, enacted provisions set out
as a note under section 1382c of Title 42, and amended provisions
set out as a note under section 401 of Title 42.
Subsecs. (c)(11) to (c)(16) of this section, referred to in
subsec. (b)(2)(H)(ii), were redesignated subsecs. (c)(4) to (c)(9)
of this section, respectively, by Pub. L. 108-88, Sec. 10(b)(2),
Sept. 30, 2003, 117 Stat. 1127, and subsequently redesignated
subsecs. (c)(8) to (c)(13) of this section, respectively, by Pub.
L. 109-59, title VIII, Sec. 8001(a), Aug. 10, 2005, 119 Stat. 1915.
CODIFICATION                           
Pub. L. 101-508, Sec. 13101(e)(2), redesignated former subsec.
(a)(6)(I) of this section as section 257(e) of Pub. L. 99-177,
which is classified to section 907(e) of this title.
AMENDMENTS                            
2005 - Subsec. (b)(1)(B) to (E). Pub. L. 109-59, Sec. 8002,
reenacted heading of subpar. (B) without change and amended text of
subpars. (B) to (E) generally. Prior to amendment, subpar. (B)
provided for adjustments to align highway spending with revenues
using amount of obligations set forth in section 8103 of the
Transportation Equity Act for the 21st Century and estimates of
receipts for fiscal years 1998 through 2003, subpar. (C) provided
for additional adjustments required in budget submissions for
fiscal years 2000 through 2003, subpar. (D) provided for a final
sequester report for fiscal year 1999 and an adjustment of
estimates upon submission of the budget for fiscal years 2000
through 2003, and subpar. (E) required consultation with the
Committees on the Budget and inclusion of a report on adjustments
under subparagraphs (B) and (C) in the preview report.
Subsec. (c). Pub. L. 109-59, Sec. 8001(a), added pars. (1) to
(5), redesignated former pars. (2) to (9) as (6) to (13),
respectively, and struck out former par. (1) which read as follows:
"with respect to fiscal year 2004 - 
"(A) for the highway category: $31,834,000,000 in outlays;
"(B) for the mass transit category: $1,462,000,000 in new
budget authority and $6,629,000,000 in outlays; and
"(C) for the conservation spending category: $2,080,000,000, in
new budget authority and $2,032,000,000 in outlays;".
2004 - Subsec. (b)(2). Pub. L. 108-310, Sec. 10(a), which
directed amendment of par. (2) by striking out "through 2002" in
introductory provisions, could not be executed because the phrase
"through 2002" did not appear subsequent to amendment by Pub. L.
108-88, Sec. 10(a). See 2003 Amendment note below.
Subsec. (c). Pub. L. 108-310, Sec. 10(b), which directed the
amendment of subsec. (c) by redesignating par. (8) as par. (1),
substituting "with respect to fiscal year 2005 - " for "with
respect to fiscal year 2005" and adding subpars. (A) and (B) in
par. (1), redesignating remaining provisions of par. (1) as subpar.
(C), redesignating pars. (9) to (16) as (2) to (9), respectively,
and striking out former pars. (1) to (7), which defined
"discretionary spending limit" with respect to fiscal years 2002 to
2006, either could not be executed or could not be executed as
intended because of prior amendments by Pub. L. 108-88, Sec. 10(b).
See 2003 Amendment notes below.
2003 - Subsec. (b)(2). Pub. L. 108-88, Sec. 10(a), struck out
"through 2002" after "succeeding year" in introductory provisions.
Subsec. (c)(1). Pub. L. 108-88, Sec. 10(b)(1), redesignated par.
(8) as (1), substituted "with respect to fiscal year 2004 - " for
"with respect to fiscal year 2004", added subpars. (A) and (B),
redesignated remaining provisions of par. (1) as subpar. (C), and
struck out former par. (1), which defined "discretionary spending
limit" with respect to fiscal year 1997.
Subsec. (c)(2) to (16). Pub. L. 108-88, Sec. 10(b), redesignated
pars. (9) to (16) as (2) to (9), respectively, and struck out
former pars. (2) to (7), which defined "discretionary spending
limit" with respect to fiscal years 1998 to 2003.
2002 - Subsec. (c)(6)(A). Pub. L. 107-117, Sec. 101(a)(1), added
subpar. (A) and struck out former subpar. (A) which read as
follows: "for the discretionary category: $551,074,000,000 in new
budget authority and $560,799,000,000 in outlays;".
Subsec. (c)(6)(C). Pub. L. 107-117, Sec. 101(a)(2), struck out
second "and" at end.
Subsec. (c)(6)(D). Pub. L. 107-117, Sec. 101(a)(3), substituted
"$1,473,000,000" for "$1,232,000,000".
2000 - Subsec. (b)(2)(H). Pub. L. 106-291, Sec. 801(b), added
subpar. (H).
Subsec. (c)(5)(A). Pub. L. 106-429 added subpar. (A) and struck
out former subpar. (A) which read as follows: "for the
discretionary category: $542,032,000,000 in new budget authority
and $564,396,000,000 in outlays;".
Subsec. (c)(6)(D). Pub. L. 106-291, Sec. 801(a)(1), added subpar.
(D).
Subsec. (c)(7)(C). Pub. L. 106-291, Sec. 801(a)(2), added subpar.
(C).
Subsec. (c)(8) to (16). Pub. L. 106-291, Sec. 801(a)(3), added
pars. (8) to (16).
1998 - Subsec. (b)(1). Pub. L. 105-178, Sec. 8101(d), designated
existing provisions as subpar. (A), inserted heading, and added
subpars. (B) to (E).
Subsec. (c)(3)(D), (E). Pub. L. 105-178, Sec. 8101(a)(1), added
subpars. (D) and (E).
Subsec. (c)(4)(C), (D). Pub. L. 105-178, Sec. 8101(a)(2), added
subpars. (C) and (D).
Subsec. (c)(5). Pub. L. 105-178, Sec. 8101(a)(3), substituted a
dash for comma after "2001", designated remaining provisions as
subpar. (A), realigned margins, struck out "and" at end, and added
subpars. (B) and (C).
Subsec. (c)(6). Pub. L. 105-178, Sec. 8101(a)(4), substituted a
dash for comma after "2002", designated remaining provisions as
subpar. (A), realigned margins, and added subpars. (B) and (C).
Subsec. (c)(7). Pub. L. 105-178, Sec. 8101(a)(5), added par. (7).
1997 - Subsec. (a). Pub. L. 105-33, Sec. 10203(a)(1), struck out
"Fiscal Years 1991-1998" before "Enforcement" in heading.
Subsec. (a)(3). Pub. L. 105-33, Sec. 10203(a)(2), substituted
"section 905(f)" for "section 905(h)" in two places.
Subsec. (a)(7). Pub. L. 105-33, Sec. 10203(a)(3), added par. (7)
and struck out heading and text of former par. (7). Text read as
follows: "As soon as practicable after Congress completes action on
any discretionary appropriation, CBO, after consultation with the
Committees on the Budget of the House of Representatives and the
Senate, shall provide OMB with an estimate of the amount of
discretionary new budget authority and outlays for the current year
(if any) and the budget year provided by that legislation. Within 5
calendar days after the enactment of any discretionary
appropriation, OMB shall transmit a report to the House of
Representatives and to the Senate containing the CBO estimate of
that legislation, an OMB estimate of the amount of discretionary
new budget authority and outlays for the current year (if any) and
the budget year provided by that legislation, and an explanation of
any difference between the two estimates. For purposes of this
paragraph, amounts provided by annual appropriations shall include
any new budget authority and outlays for those years in accounts
for which funding is provided in that legislation that result from
previously enacted legislation. Those OMB estimates shall be made
using current economic and technical assumptions. OMB shall use the
OMB estimates transmitted to the Congress under this paragraph for
the purposes of this subsection. OMB and CBO shall prepare
estimates under this paragraph in conformance with scorekeeping
guidelines determined after consultation among the House and Senate
Committees on the Budget, CBO, and OMB."
Subsec. (b). Pub. L. 105-33, Sec. 10203(a)(4), added subsec. (b)
and struck out heading and text of former subsec. (b) which
provided that when the President submitted the budget for a budget
year from 1992 to 1998, OMB was to calculate, and the budget was to
include, adjustments to discretionary spending limits reflecting
certain enumerated factors and provided that when OMB submitted a
sequestration report for a fiscal year from 1991 to 1998, OMB was
to calculate, and the sequestration report and subsequent budgets
were to include, adjustments to discretionary spending limits
reflecting certain enumerated factors.
Subsec. (b)(2)(G). Pub. L. 105-89 added subpar. (G).
Subsec. (c). Pub. L. 105-33, Sec. 10203(b), added subsec. (c).
1996 - Subsec. (b)(2)(G). Pub. L. 104-208 substituted "fiscal
years 1994, 1995, and 1997" for "fiscal year 1994 and 1995" in two
places.
Subsec. (b)(2)(H). Pub. L. 104-121 added subpar. (H).
Subsec. (b)(2)(H)(i). Pub. L. 104-193, Sec. 211(d)(5)(B)(i),
substituted "$175,000,000" for "$25,000,000" and "$310,000,000" for
"$160,000,000" in subcl. (II), and "$245,000,000" for
"$145,000,000" and "$470,000,000" for "$370,000,000" in subcl.
(III).
Subsec. (b)(2)(H)(ii)(I). Pub. L. 104-193, Sec. 211(d)(5)(B)(ii),
amended subcl. (I) generally. Prior to amendment, subcl. (I) read
as follows: "the term 'continuing disability reviews' has the
meaning given such term by section 401(g)(1)(A) of title 42;".
1994 - Subsec. (b)(2)(D)(i). Pub. L. 103-354 inserted at end
"This subparagraph shall not apply to appropriations to cover
agricultural crop disaster assistance."
Subsec. (b)(2)(G). Pub. L. 103-306 substituted "1994 and 1995"
for "1994" in two places.
1993 - Subsec. (a). Pub. L. 103-66, Sec. 14002(c)(1)(A),
substituted "1998" for "1995" in heading.
Subsec. (b)(1). Pub. L. 103-66, Sec. 14002(c)(1)(B)(i), in
introductory provisions, substituted "1995, 1996, 1997, or 1998"
for "or 1995" and "outyear through 1998" for "outyear through
1995".
Subsec. (b)(1)(B)(iii). Pub. L. 103-66, Sec. 14002(c)(1)(B)(ii),
added cl. (iii).
Subsec. (b)(2). Pub. L. 103-66, Sec. 14002(c)(1)(B)(iii), in
introductory provisions, substituted "1995, 1996, 1997, or 1998"
for "or 1995" and "year through 1998" for "year through 1995".
Subsec. (b)(2)(D)(i). Pub. L. 103-66, Sec. 14002(c)(1)(B)(iv),
substituted "for any fiscal year," for "for fiscal year 1991, 1992,
1993, 1994, or 1995,".
Subsec. (b)(2)(E)(iv). Pub. L. 103-66, Sec. 14002(c)(1)(B)(v),
added cl. (iv).
Subsec. (b)(2)(F). Pub. L. 103-66, Sec. 14002(c)(1)(B)(vi),
inserted before period at end ", and not to exceed 0.5 percent of
the adjusted descretionary [sic] spending limit on outlays for the
fiscal year in fiscal year 1996, 1997, or 1998".
Subsec. (b)(2)(G). Pub. L. 103-87 added subpar. (G).
1990 - Pub. L. 101-508, Sec. 13101(a), amended section generally,
substituting subsecs. (a) and (b) relating to enforcement of
discretionary spending limits for former subsecs. (a) to (e)
relating to reporting of excess deficits.
Subsec. (a)(6)(I). Pub. L. 101-508, Sec. 13101(e)(2),
redesignated subsec. (a)(6)(I) of this section as section 907(e) of
this title.
1987 - Pub. L. 100-119 amended section generally, substituting
provisions consisting of subsecs. (a) to (e) relating to reports by
Director of CBO to Director of OMB and to Congress and by Director
of OMB to President and Congress for provisions consisting of
subsecs. (a) to (g) relating to joint reports by Directors of CBO
and OMB to Comptroller General and report by Comptroller General to
President and Congress.
Subsec. (a)(6)(B). Pub. L. 100-203, Sec. 8003(f), struck out
"and" before "contract authority" and inserted provision whereby
the authority to provide insurance through the Federal Housing
Administration Fund be continued.
EFFECTIVE DATE OF 1997 AMENDMENT                 
Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as
otherwise provided, with delay permitted if State legislation is
required, see section 501 of Pub. L. 105-89, set out as a note
under section 622 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT                 
Section 119(d)(1) of Pub. L. 103-354 provided that the amendment
made by that section is effective Jan. 1, 1995.
ADJUSTMENT FOR ROUNDING                      
Pub. L. 106-429, Sec. 101(a) [title VII, Sec. 701(c)], Nov. 6,
2000, 114 Stat. 1900, 1900A-64, provided that: "Under the terms of
section 251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 901(b)(2)] adjustments for rounding
shall be provided for the first amount referred to in section
251(c)(5)(A) of such Act [former 2 U.S.C. 901(c)(5)(A)], as amended
by this section, equal to 0.5 percent of such amount."
Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title III, Sec. 307],
Nov. 29, 1999, 113 Stat. 1536, 1501A-306, provided that: "Under the
terms of section 251(b)(2) of Public Law 99-177 [2 U.S.C.
901(b)(2)], an adjustment for rounding shall be provided for the
first amount referred to in section 251(c)(4)(A) of such Act
[former 2 U.S.C. 901(c)(4)(A)] equal to 0.2 percent of such
amount."
OFFSETTING ADJUSTMENT IN DISCRETIONARY SPENDING LIMITS      
Pub. L. 105-178, title VIII, Sec. 8101(b), June 9, 1998, 112
Stat. 489, as amended by Pub. L. 105-206, title IX, Sec. 9013(a),
July 22, 1998, 112 Stat. 865, provided that:
"(1) Adjustment of nondefense category for fy1999. - The
discretionary spending limit set forth in section 251(c)(3)(B) of
the Balanced Budget and Emergency Deficit Control Act of 1985
[former 2 U.S.C. 901(c)(3)(B)], as adjusted in conformance with
section 251(b) of that Act, is reduced by $859,000,000 in new
budget authority and $25,144,000,000 in outlays.
"(2) Adjustment of discretionary category for fy2000. - The
discretionary spending limit set forth in section 251(c)(4)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985
[former 2 U.S.C. 901(c)(4)(A)], as adjusted in conformance with
section 251(b) of that Act, is reduced by $859,000,000 in new
budget authority and $26,009,000,000 in outlays.
"(3) Adjustment of discretionary spending limit for fy2001. - The
discretionary spending limit set forth in section 251(c)(5)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985
[former 2 U.S.C. 901(c)(5)(A)], as adjusted in conformance with
section 251(b) of that Act, is reduced by $859,000,000 in new
budget authority and $26,329,000,000 in outlays.
"(4) Adjustment of discretionary spending limit for fy2002. - The
discretionary spending limit set forth in section 251(c)(6)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985
[former 2 U.S.C. 901(c)(6)(A)], as adjusted in conformance with
section 251(b) of that Act, is reduced by $859,000,000 in new
budget authority and $26,675,000,000 in outlays."
LEVEL OF OBLIGATION LIMITATIONS                  
Pub. L. 109-59, title VIII, Sec. 8003, Aug. 10, 2005, 119 Stat.
1917, provided that:
"(a) Highway Category. - For the purposes of section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985 [2
U.S.C. 901(b)], the level of obligation limitations for the highway
category is - 
"(1) for fiscal year 2005, $35,164,292,000;
"(2) for fiscal year 2006, $37,220,843,903;
"(3) for fiscal year 2007, $39,460,710,516;
"(4) for fiscal year 2008, $40,824,075,404; and
"(5) for fiscal year 2009, $42,469,970,178.
"(b) Mass Transit Category. - For the purposes of section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
the level of obligation limitations for the mass transit category
is - 
"(1) for fiscal year 2005, $7,646,336,000;
"(2) for fiscal year 2006, $8,622,931,000;
"(3) for fiscal year 2007, $8,974,775,000;
"(4) for fiscal year 2008, $9,730,893,000; and
"(5) for fiscal year 2009, $10,338,065,000.
For purposes of this subsection, the term 'obligation limitations'
means the sum of budget authority and obligation limitations."
Similar provisions for prior fiscal years were contained in the
following prior act:
Pub. L. 105-178, title VIII, Sec. 8103, June 9, 1998, 112 Stat.
492, as amended by Pub. L. 108-88, Sec. 11(a), (b), Sept. 30, 2003,
117 Stat. 1128; Pub. L. 108-310, Sec. 11(a), (b), Sept. 30, 2004,
118 Stat. 1161.
(!1) So in original. Probably should be capitalized.

(!2) So in original. Probably should be followed by a semicolon.
(!3) See References in Text note below.