About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (August 2019)

handle is hein.congrec/sequpdt0001 and id is 1 raw text is: 








                                                                           AUGUST 2019








Sequestration Update Report:

                   August 2019


By August  15 of each year, the Congressional Budget
Office is required to publish its estimates of the limits
(often called caps) on discretionary budget authority that
were established under the Budget Control Act  of 2011
(Public Law  112-25) and that remain in effect through
fiscal year 2021.1 CBO also must report whether,
according to its estimates, enacted legislation for the
current fiscal year has exceeded the caps and thus would
trigger a cancellation of budgetary resources, known as a
sequestration.

In CBO's  estimation, a sequestration will not be required
for 2019. However,  the authority to make that determi-
nation-and,   if so, how to cut budget authority-rests
with the Administration's Office of Management  and
Budget  (OMB),  which  reported in March that appropri-
ations for 2019 had not exceeded the caps.2

Appropriations made  since March  have been designated
as emergency  requirements, thus falling into one of the
categories that cannot breach a cap. By law, the caps on
discretionary spending are adjusted upward when  an
appropriation is provided as an emergency requirement
or to fund overseas contingency operations (such as mili-
tary activities in Afghanistan). The caps also can be raised

1.  Budget authority is the authority provided by law to incur
    financial obligations that will result in immediate or future
    outlays of federal funds. Discretionary budget authority is
    provided and controlled by annual appropriation acts.
2.  See Office of Management and Budget, OMB Final Sequestration
    Report to the President and Congress for Fiscal Year 2019
    (March 2019), https://go.usa.gov/xUwaB.


to accommodate   budget authority provided for disaster
relief or for certain program integrity initiatives.3

Limits   on Discretionary Budget
Authority for 2019
The Budget  Control Act has been modified  several
times to increase the caps on defense (called security
in the law) and nondefense (nonsecurity) funding. The
Bipartisan Budget Act of 2018 (P.L. 115-123) set the
limits for 2019 at $1,244 billion-$647  billion for
defense programs  and $597  billion for nondefense
programs  (see Table 1). Adjustments to those caps for
2019  amount  to $116 billion, mostly in the defense
category: $69 billion for overseas contingency operations
and an estimated $3 billion for emergency requirements.4


3.  Program integrity initiatives seek to identify and reduce
    overpayments in benefit programs, such as Disability
    Insurance, Supplemental Security Income, Medicare, Medicaid,
    unemployment compensation, and the Children's Health
    Insurance Program.
4.  Emergency supplemental appropriations were enacted in June
    (P.L. 116-20) and July (P.L. 116-26), after OMB reported the
    final cap adjustments for 2019. CBO estimates that those two
    laws will increase the defense cap by a total of $2,838 million
    and the nondefense cap by $20,869 million. OMB estimated
    the nondefense appropriations to be $20,874 million, $5 million
    more than CBO's estimate. See Office of Management and
    Budget, Budget Enforcement Act (Seven-Day-After) Reports,
    Emergency Supplemental Appropriations for Humanitarian
    Assistance and Security at the Southern Border Act, 2019
    (July 11, 2019), and Additional Supplemental Appropriations
    for Disaster Relief Act, 2019 (June 17, 2019),
    https://go.usa.gov/xyhJQ.


Note: All years referred to are federal fiscal years, which run from October 1 to September 30 and are designated by the calendar
year in which they end. Numbers may not sum to totals because of rounding

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most