2 U.S. Code § 907 - The baseline
Laws providing or creating direct spending and receipts are assumed to operate in the manner specified in those laws for each such year and funding for entitlement authority is assumed to be adequate to make all payments required by those laws.
Budgetary resources other than unobligated balances shall be at the level provided for the budget year in full-year appropriation Acts. If for any account a full-year appropriation has not yet been enacted, budgetary resources other than unobligated balances shall be at the level available in the current year, adjusted sequentially and cumulatively for expiring housing contracts as specified in paragraph (2), for social insurance administrative expenses as specified in paragraph (3), to offset pay absorption and for pay annualization as specified in paragraph (4), for inflation as specified in paragraph (5), and to account for changes required by law in the level of agency payments for personnel benefits other than pay.
New budget authority to renew expiring multiyear subsidized housing contracts shall be adjusted to reflect the difference in the number of such contracts that are scheduled to expire in that fiscal year and the number expiring in the current year, with the per-contract renewal cost equal to the average current-year cost of renewal contracts.
Budgetary resources for the administrative expenses of the following trust funds shall be adjusted by the percentage change in the beneficiary population from the current year to that fiscal year: the Federal Hospital Insurance Trust Fund, the Supplementary Medical Insurance Trust Fund, the Unemployment Trust Fund, and the railroad retirement account.
Current-year new budget authority for Federal employees shall be adjusted to reflect the full 12-month costs (without absorption) of any pay adjustment that occurred in that fiscal year.
The inflator used in paragraph (1) to adjust budgetary resources relating to personnel shall be the percent by which the average of the Bureau of Labor Statistics Employment Cost Index (wages and salaries, private industry workers) for that fiscal year differs from such index for the current year. The inflator used in paragraph (1) to adjust all other budgetary resources shall be the percent by which the average of the estimated gross domestic product chain-type price index for that fiscal year differs from the average of such estimated index for the current year.
If, for any account, a continuing appropriation is in effect for less than the entire current year, then the current-year amount shall be assumed to equal the amount that would be available if that continuing appropriation covered the entire fiscal year. If law permits the transfer of budget authority among budget accounts in the current year, the current-year level for an account shall reflect transfers accomplished by the submission of, or assumed for the current year in, the President’s original budget for the budget year.
This Act, referred to in subsec. (b)(3), means Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1037, as amended, which enacted this chapter and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106, 1109, and 3101 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Tables.
2013—Subsec. (b)(2)(A)(i). Pub. L. 113–67 substituted “differences” for “differenes”.
1997—Subsec. (b)(2)(A). Pub. L. 105–33, § 10209(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “No program with estimated current-year outlays greater than $50 million shall be assumed to expire in the budget year or outyears.”
Subsec. (b)(2)(D). Pub. L. 105–33, § 10209(a)(2), added subpar. (D).
Subsec. (c)(5). Pub. L. 105–33, § 10209(a)(3), substituted “domestic product chain-type price index” for “national product fixed-weight price index”.
Subsec. (e). Pub. L. 105–33, § 10209(a)(4), added subsec. (e) and struck out former subsec. (e) which read as follows: “The sale of an asset or prepayment of a loan shall not alter the deficit or produce any net deficit reduction in the budget baseline, except that the budget baseline estimate shall include asset sales mandated by law before September 18, 1987, and routine, ongoing asset sales and loan prepayments at levels consistent with agency operations in fiscal year 1986;”.
1990—Pub. L. 101–508, § 13101(e)(1), amended section generally, substituting provisions relating to baseline for provisions relating to definitions.
Subsec. (e). Pub. L. 101–508, § 13101(e)(2), redesignated section 901(a)(6)(I) of this title as subsec. (e) of this section, and substituted “The” for “assuming, for purposes of this paragraph and subparagraph (A)(i) of paragraph (3), that the”.
Par. (1). Pub. L. 100–119, § 104(c)(2), struck out provisions of former subpar. (A) that “automatic spending increase” meant increases in budget outlays due to changes in indexes in the following Federal programs:
“Black lung benefits (20-8144-0-7-601);
“Central Intelligence Agency retirement and disability system fund (56-3400-0-1-054);
“Civil service retirement and disability fund (24-8135-0-7-602);
“Comptrollers general retirement system (05-0107-0-1-801);
“Foreign service retirement and disability fund (19-8186-0-7-602);
“Judicial survivors’ annuities fund (10-8110-0-7-602);
“Longshoremen’s and harborworkers’ compensation benefits (16-9971-0-7-601);
“Military retirement fund (97-8097-0-7-602);
“National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306);
“Pensions for former Presidents (47-0105-0-1-802);
“Railroad retirement tier II (60-8011-0-7-601);
“Retired pay, Coast Guard (69-0241-0-1-403);
“Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1-551);
“Special benefits, Federal Employees’ Compensation Act (16-1521-0-1-600);
“Special benefits for disabled coal miners (75-0409-0-1-601); and
“Tax Court judges survivors annuity fund (23-8115-0-7-602).”
Par. (7). Pub. L. 100–119, § 102(b)(4), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “The terms ‘sequester’ and ‘sequestration’ (subject to section 902(a)(4) of this title) refer to or mean the cancellation of new budget authority, unobligated balances, obligated balances, new loan guarantee commitments, new direct loan obligations, and spending authority as defined in section 651(c)(2) of this title, and the reduction of obligation limitations.”
Par. (9). Pub. L. 100–119, § 102(b)(5), added par. (9).
Par. (10). Pub. L. 100–119, § 106(b), added par. (10).
Par. (11). Pub. L. 100–119, § 102(b)(6), added par. (11).
Par. (12). Pub. L. 100–119, § 102(b)(7), added par. (12).
Pars. (13), (14). Pub. L. 100–119, § 102(b)(8), added pars. (13) and (14).
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