§ 901a. Enforcement of budget goal
Discretionary appropriations and direct spend-
ing accounts shall be reduced in accordance with
this section as follows:
(1) Calculation of total deficit reduction
OMB shall calculate the amount of the def-
icit reduction required by this section for each
of fiscal years 2013 through 2021 by—
(A) starting with $1,200,000,000,000;
(B) subtracting the amount of deficit re-
duction achieved by the enactment of a joint
committee bill, as provided in section
401(b)(3)(B)(i)(II) of the Budget Control Act
of 2011;
(C) reducing the difference by 18 percent to
account for debt service;
(D) dividing the result by 9; and
(E) for fiscal year 2013, reducing the
amount calculated under subparagraphs (A)
through (D) by $24,000,000,000.
(2) Allocation to functions
On March 1, 2013, for fiscal year 2013, and in
its sequestration preview report for fiscal
years 2014 through 2021 pursuant to section
904(c) of this title, OMB shall allocate half of
the total reduction calculated pursuant to
paragraph (1) for that year to discretionary
appropriations and direct spending accounts
within function 050 (defense function) and half
to accounts in all other functions (nondefense
functions).
(3) Defense function reduction
OMB shall calculate the reductions to dis-
cretionary appropriations and direct spending
for each of fiscal years 2013 through 2021 for
defense function spending as follows:
(A) Discretionary
OMB shall calculate the reduction to dis-
cretionary appropriations by—
(i) taking the total reduction for the de-
fense function allocated for that year
under paragraph (2);
(ii) multiplying by the discretionary
spending limit for the revised security cat-
egory for that year; and
(iii) dividing by the sum of the discre-
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Page 248
TITLE 2—THE CONGRESS
§ 901a
Pub. L. 115–141, div. O, title I, § 102(b), Mar. 23, 2018,
132 Stat. 1060, provided that: ‘‘The amendment made by
paragraph (1) of subsection (a) [amending this section]
shall begin to apply in fiscal year 2019.’’
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
Pub. L. 103–354, title I, § 119(d)(1), Oct. 13, 1994, 108
Stat. 3208, provided that the amendment made by that
section is effective Jan. 1, 1995.
ADJUSTMENT FOR ROUNDING
Pub. L. 106–429, § 101(a) [title VII, § 701(c)], Nov. 6, 2000,
114 Stat. 1900, 1900A–64, provided for adjustments for
rounding.
Pub. L. 106–113, div. B, § 1000(a)(5) [title III, § 307], Nov.
29, 1999, 113 Stat. 1536, 1501A–306, provided for adjust-
ments for rounding.
OFFSETTING ADJUSTMENT IN DISCRETIONARY SPENDING
LIMITS
Pub. L. 105–178, title VIII, § 8101(b), June 9, 1998, 112
Stat. 489, as amended by Pub. L. 105–206, title IX,
§ 9013(a), July 22, 1998, 112 Stat. 865, provided adjust-
ments of nondefense category for fiscal year 1999, dis-
cretionary category for fiscal year 2000, and discre-
tionary spending limits for fiscal years 2001 and 2002.
LEVEL OF OBLIGATION LIMITATIONS
Pub. L. 109–59, title VIII, § 8003, Aug. 10, 2005, 119 Stat.
1917, as amended by Pub. L. 111–147, title IV, § 446(a), (b),
Mar. 18, 2010, 124 Stat. 95, 96; Pub. L. 111–322, title II,
§ 2308, Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III,
§ 308, Mar. 4, 2011, 125 Stat. 21, provided that:
‘‘(a)
HIGHWAY
CATEGORY.—For
the
purposes
of
[former] section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 [former 2 U.S.C.
901(b)], the level of obligation limitations for the high-
way 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;
‘‘(5) for fiscal year 2009, $42,469,970,178;
‘‘(6) for fiscal year 2010, $42,469,970,178; and
‘‘(7) for fiscal year 2011, $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 limi-
tations 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;
‘‘(5) for fiscal year 2009, $10,338,065,000;
‘‘(6) for fiscal year 2010, $10,338,065,000; and
‘‘(7) for fiscal year 2011, $10,338,065,000.
For purposes of this subsection, the term ‘obligation
limitations’ means the sum of budget authority and ob-
ligation limitations.’’
Similar provisions for prior fiscal years were con-
tained in the following prior act:
Pub. L. 105–178, title VIII, § 8103, June 9, 1998, 112 Stat.
492, as amended by Pub. L. 108–88, § 11(a), (b), Sept. 30,
2003, 117 Stat. 1128; Pub. L. 108–310, § 11(a), (b), Sept. 30,
2004, 118 Stat. 1161.
§ 901a. Enforcement of budget goal
Discretionary appropriations and direct spend-
ing accounts shall be reduced in accordance with
this section as follows:
(1) Calculation of total deficit reduction
OMB shall calculate the amount of the def-
icit reduction required by this section for each
of fiscal years 2013 through 2021 by—
(A) starting with $1,200,000,000,000;
(B) subtracting the amount of deficit re-
duction achieved by the enactment of a joint
committee bill, as provided in section
401(b)(3)(B)(i)(II) of the Budget Control Act
of 2011;
(C) reducing the difference by 18 percent to
account for debt service;
(D) dividing the result by 9; and
(E) for fiscal year 2013, reducing the
amount calculated under subparagraphs (A)
through (D) by $24,000,000,000.
(2) Allocation to functions
On March 1, 2013, for fiscal year 2013, and in
its sequestration preview report for fiscal
years 2014 through 2021 pursuant to section
904(c) of this title, OMB shall allocate half of
the total reduction calculated pursuant to
paragraph (1) for that year to discretionary
appropriations and direct spending accounts
within function 050 (defense function) and half
to accounts in all other functions (nondefense
functions).
(3) Defense function reduction
OMB shall calculate the reductions to dis-
cretionary appropriations and direct spending
for each of fiscal years 2013 through 2021 for
defense function spending as follows:
(A) Discretionary
OMB shall calculate the reduction to dis-
cretionary appropriations by—
(i) taking the total reduction for the de-
fense function allocated for that year
under paragraph (2);
(ii) multiplying by the discretionary
spending limit for the revised security cat-
egory for that year; and
(iii) dividing by the sum of the discre-
tionary spending limit for the security
category and OMB’s baseline estimate of
nonexempt outlays for direct spending pro-
grams within the defense function for that
year.
(B) Direct spending
OMB shall calculate the reduction to di-
rect spending by taking the total reduction
for the defense function required for that
year under paragraph (2) and subtracting the
discretionary reduction calculated pursuant
to subparagraph (A).
(4) Nondefense function reduction
OMB shall calculate the reduction to discre-
tionary appropriations and to direct spending
for each of fiscal years 2013 through 2021 for
programs in nondefense functions as follows:
(A) Discretionary
OMB shall calculate the reduction to dis-
cretionary appropriations by—
(i) taking the total reduction for non-
defense functions allocated for that year
under paragraph (2);
(ii) multiplying by the discretionary
spending limit for the revised nonsecurity
category for that year; and
Page 249
TITLE 2—THE CONGRESS
§ 901a
(iii) dividing by the sum of the discre-
tionary spending limit for the revised non-
security category and OMB’s baseline esti-
mate of nonexempt outlays for direct
spending programs in nondefense functions
for that year.
(B) Direct spending
OMB shall calculate the reduction to di-
rect spending programs by taking the total
reduction for nondefense functions required
for that year under paragraph (2) and sub-
tracting the discretionary reduction cal-
culated pursuant to subparagraph (A).
(5) Implementing discretionary reductions
(A) Fiscal year 2013
On March 1, 2013, for fiscal year 2013, OMB
shall calculate and the President shall order
a sequestration, effective upon issuance and
under the procedures set forth in section
903(f) of this title, to reduce each account
within the security category or nonsecurity
category by a dollar amount calculated by
multiplying the baseline level of budgetary
resources in that account at that time by a
uniform percentage necessary to achieve—
(i) for the revised security category, an
amount equal to the defense function dis-
cretionary reduction calculated pursuant
to paragraph (3); and
(ii) for the revised nonsecurity category,
an amount equal to the nondefense func-
tion discretionary reduction calculated
pursuant to paragraph (4).
(B) Fiscal years 2014–2021
Except as provided by paragraphs (10), (11),
(12), and (13), on the date of the submission
of its sequestration preview report for fiscal
years 2014 through 2021 pursuant to section
904(c) of this title for each of fiscal years
2014 through 2021, OMB shall reduce the dis-
cretionary spending limit—
(i) for the revised security category by
the amount of the defense function discre-
tionary reduction calculated pursuant to
paragraph (3); and
(ii) for the revised nonsecurity category
by the amount of the nondefense function
discretionary reduction calculated pursu-
ant to paragraph (4).
(6) Implementing direct spending reductions
(A) On the date specified in paragraph (2)
during each applicable year, OMB shall pre-
pare and the President shall order a sequestra-
tion, effective upon issuance, of nonexempt di-
rect spending to achieve the direct spending
reduction calculated pursuant to paragraphs
(3) and (4). When implementing the sequestra-
tion of direct spending pursuant to this para-
graph, OMB shall follow the procedures speci-
fied in section 935 of this title, the exemptions
specified in section 905 of this title, and the
special rules specified in section 906 of this
title, except that the percentage reduction for
the Medicare programs specified in section
906(d) of this title shall not be more than 2 per-
cent for a fiscal year.
(B) On the date on which the President sub-
mits the budget under section 1105 of title 31
for each of fiscal years 2022 through 2031, the
President shall order a sequestration, effective
upon issuance such that—
(i) the percentage reduction for nonexempt
direct spending for the defense function is
the same percent as the percentage reduc-
tion for nonexempt direct spending for the
defense function for fiscal year 2021 cal-
culated under paragraph (3)(B); and
(ii) the percentage reduction for non-
exempt direct spending for nondefense func-
tions is the same percent as the percentage
reduction for nonexempt direct spending for
nondefense functions for fiscal year 2021 cal-
culated under paragraph (4)(B).
(C) Notwithstanding the 2 percent limit
specified in subparagraph (A) for payments for
the Medicare programs specified in section
906(d) of this title, the sequestration order of
the President under such subparagraph for fis-
cal year 2022 shall be applied to such payments
so that with respect to the period beginning on
April 1, 2022, and ending on June 30, 2022, the
payment reduction shall be 1.0 percent.
(D) On the date on which the President sub-
mits the budget under section 1105 of title 31
for fiscal year 2032, the President shall order a
sequestration of payments for the Medicare
programs specified in section 906(d) of this
title, effective upon issuance, such that, not-
withstanding the 2 percent limit specified in
subparagraph (A) for such payments—
(i) with respect to the first 8 months in
which such order is effective for such fiscal
year, the payment reduction shall be 2.0 per-
cent; and
(ii) with respect to the last 4 months in
which such order is effective for such fiscal
year, the payment reduction shall be 0 per-
cent.
(E) The sequestration order issued by the
President under subparagraph (D) shall also
include, effective upon issuance, that—
(i) the percentage reduction for nonexempt
direct spending for the defense function is
4.0 percent; and
(ii) except as provided in subparagraph (D),
the percentage reduction for nonexempt di-
rect spending for nondefense functions is 2.8
percent.
(7) Adjustment for Medicare
If the percentage reduction for the Medicare
programs would exceed 2 percent for a fiscal
year in the absence of paragraph (6), OMB
shall increase the reduction for all other dis-
cretionary appropriations and direct spending
under paragraph (4) by a uniform percentage
to a level sufficient to achieve the reduction
required by paragraph (4) in the non-defense
function.
(8) Implementation of reductions
Any reductions imposed under this section
shall be implemented in accordance with sec-
tion 906(k) of this title.
(9) Report
On the dates specified in paragraph (2), OMB
shall submit a report to Congress containing
information about the calculations required
Page 250
TITLE 2—THE CONGRESS
§ 901a
1 See References in Text note below.
under this section, the adjusted discretionary
spending limits, a listing of the reductions re-
quired for each nonexempt direct spending ac-
count, and any other data and explanations
that enhance public understanding of this
title 1 and actions taken under it.
(10) Implementing direct spending reductions
for fiscal years 2014 and 2015
(A) OMB shall make the calculations nec-
essary to implement the direct spending re-
ductions calculated pursuant to paragraphs (3)
and (4) without regard to the amendment
made to section 901(c) of this title revising the
discretionary spending limits for fiscal years
2014 and 2015 by the Bipartisan Budget Act of
2013.
(B) Paragraph (5)(B) shall not be imple-
mented for fiscal years 2014 and 2015.
(11) Implementing direct spending reductions
for fiscal years 2016 and 2017
(A) OMB shall make the calculations nec-
essary to implement the direct spending re-
ductions calculated pursuant to paragraphs (3)
and (4) without regard to the amendment
made to section 901(c) of this title revising the
discretionary spending limits for fiscal years
2016 and 2017 by the Bipartisan Budget Act of
2015.
(B) Paragraph (5)(B) shall not be imple-
mented for fiscal years 2016 and 2017.
(12) Implementing direct spending reductions
for fiscal years 2018 and 2019
(A) OMB shall make the calculations nec-
essary to implement the direct spending re-
ductions calculated pursuant to paragraphs (3)
and (4) without regard to the amendment
made to section 901(c) of this title revising the
discretionary spending limits for fiscal years
2018 and 2019 by the Bipartisan Budget Act of
2018.
(B) Paragraph (5)(B) shall not be imple-
mented for fiscal years 2018 and 2019.
(13) Implementing direct spending reductions
for fiscal years 2020 and 2021
(A) OMB shall make the calculations nec-
essary to implement the direct spending re-
ductions calculated pursuant to paragraphs (3)
and (4) without regard to the amendment
made to section 901(c) of this title revising the
discretionary spending limits for fiscal years
2020 and 2021 by the Bipartisan Budget Act of
2019.
(B) Paragraph (5)(B) shall not be imple-
mented for fiscal years 2020 and 2021.
(Pub. L. 99–177, title II, § 251A, as added Pub. L.
112–25, title III, § 302(a), Aug. 2, 2011, 125 Stat. 256;
amended Pub. L. 112–240, title IX, § 901(a), (c),
Jan. 2, 2013, 126 Stat. 2370; Pub. L. 113–67, div. A,
title I, § 101(b), (c), (d)(2), div. B, title II, § 1205,
Dec. 26, 2013, 127 Stat. 1167, 1168, 1200; Pub. L.
113–82, § 1, Feb. 15, 2014, 128 Stat. 1009; Pub. L.
113–93, title II, § 222, Apr. 1, 2014, 128 Stat. 1077;
Pub. L. 114–74, title I, § 101(b), (c), Nov. 2, 2015,
129 Stat. 586; Pub. L. 115–123, div. C, title I,
§ 30101(b), (c), Feb. 9, 2018, 132 Stat. 123; Pub. L.
116–37, title I, § 101(d), title IV, § 402, Aug. 2, 2019,
133 Stat. 1050, 1058; Pub. L. 116–136, div. A, title
III, § 3709(b), Mar. 27, 2020, 134 Stat. 422; Pub. L.
117–7, § 1(b), Apr. 14, 2021, 135 Stat. 251; Pub. L.
117–58, div. I, § 90001, Nov. 15, 2021, 135 Stat. 1341;
Pub. L. 117–71, § 2(b), Dec. 10, 2021, 135 Stat. 1506;
Pub. L. 117–328, div. FF, title IV, § 4163, Dec. 29,
2022, 136 Stat. 5931; Pub. L. 118–31, div. A, title
XVIII, § 1852, Dec. 22, 2023, 137 Stat. 709; Pub. L.
118–42, div. G, title III, § 303, Mar. 9, 2024, 138
Stat. 452; Pub. L. 118–47, div. G, title I, § 109, Mar.
23, 2024, 138 Stat. 857.)
Editorial Notes
REFERENCES IN TEXT
Section 401(b)(3)(B)(i)(II) of the Budget Control Act of
2011,
referred
to
in
par.
(1)(B),
is
section
401(b)(3)(B)(i)(II) of title IV of Pub. L. 112–25, which is
set out in a note under section 900 of this title.
This title, referred to in par. (9), means title II (§ 200
et seq.) of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038,
known as the Balanced Budget and Emergency Deficit
Control Act of 1985. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 900 of this title and Tables.
The Bipartisan Budget Act of 2013, referred to in par.
(10)(A), is div. A of Pub. L. 113–67, Dec. 26, 2013, 127 Stat.
1165. For complete classification of this Act to the
Code, see Short Title of 2013 Amendment note set out
under section 900 of this title and Tables.
The Bipartisan Budget Act of 2015, referred to in par.
(11)(A), is Pub. L. 114–74, Nov. 2, 2015, 129 Stat. 584. For
complete classification of this Act to the Code, see
Short Title of 2015 Amendment note set out under sec-
tion 1 of Title 26, Internal Revenue Code, and Tables.
The Bipartisan Budget Act of 2018, referred to in par.
(12)(A), is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64. For
complete classification of this Act to the Code, see
Short Title of 2018 Amendment note set out under sec-
tion 1305 of Title 42, The Public Health and Welfare,
and Tables.
The Bipartisan Budget Act of 2019, referred to in par.
(13)(A), is Pub. L. 116–37, Aug. 2, 2019, 133 Stat. 1049. For
complete classification of this Act to the Code, see
Short Title of 2019 Amendment note set out under sec-
tion 900 of this title and Tables.
PRIOR PROVISIONS
A prior section 901a, Pub. L. 99–177, title II, § 251A, as
added Pub. L. 103–322, title XXXI, § 310001(g)(1), Sept. 13,
1994, 108 Stat. 2104, related to sequestration with re-
spect to Violent Crime Reduction Trust Fund, prior to
repeal by Pub. L. 105–33, title X, § 10204(a)(1), Aug. 5,
1997, 111 Stat. 702.
AMENDMENTS
2024—Par. (6)(D)(i). Pub. L. 118–42, § 303(1), substituted
‘‘8 months’’ for ‘‘7 months’’.
Par. (6)(D)(ii). Pub. L. 118–42, § 303(2), substituted ‘‘4
months’’ for ‘‘5 months’’.
Par. (6)(E). Pub. L. 118–47 added subpar. (E).
2023—Par. (6)(D)(i). Pub. L. 118–31, § 1852(1), sub-
stituted ‘‘7 months’’ for ‘‘6 months’’.
Par. (6)(D)(ii). Pub. L. 118–31, § 1852(2), substituted
‘‘last 5 months’’ for ‘‘second 6 months’’.
2022—Par. (6)(B). Pub. L. 117–328, § 4163(1), in introduc-
tory provisions, substituted ‘‘On the date on which the
President submits the budget under section 1105 of title
31’’ for ‘‘On the dates OMB issues its sequestration pre-
view reports’’ and struck out ‘‘pursuant to section
904(c) of this title,’’ before ‘‘the President shall order a
sequestration’’.
Par. (6)(C). Pub. L. 117–328, § 4163(2), realigned mar-
gins.
Par. (6)(D). Pub. L. 117–328, § 4163(3), (4), added subpar.
(D) and struck out former subpar. (D) which read as fol-
lows: ‘‘Notwithstanding the 2 percent limit specified in
Page 251
TITLE 2—THE CONGRESS
§ 901a
subparagraph (A) for payments for the Medicare pro-
grams specified in section 906(d) of this title, the se-
questration order of the President under such subpara-
graph for fiscal year 2030 shall be applied to such pay-
ments so that—
‘‘(i) with respect to the first 6 months in which such
order is effective for such fiscal year, the payment re-
duction shall be 2.25 percent; and
‘‘(ii) with respect to the second 6 months in which
such order is so effective for such fiscal year, the pay-
ment reduction shall be 3 percent.’’
Par. (6)(E). Pub. L. 117–328, § 4163(3), struck out sub-
par. (E) which read as follows: ‘‘Notwithstanding the 2
percent limit specified in subparagraph (A) for pay-
ments for the Medicare programs specified in section
906(d) of this title, the sequestration order of the Presi-
dent under such subparagraph for fiscal year 2031 shall
be applied to such payments so that—
‘‘(i) with respect to the first 6 months in which such
order is effective for such fiscal year, the payment re-
duction shall be 4.0 percent; and
‘‘(ii) with respect to the second 6 months in which
such order is so effective for such fiscal year, the pay-
ment reduction shall be 0 percent.’’
2021—Par. (6)(B). Pub. L. 117–58, § 90001(1), substituted
‘‘2031’’ for ‘‘2030’’ in introductory provisions.
Par. (6)(C). Pub. L. 117–71, § 2(b)(2), added subpar. (C).
Former subpar. (C) redesignated (E).
Pub. L. 117–58, § 90001(2)(A), substituted ‘‘2031’’ for
‘‘2030’’ in introductory provisions.
Par. (6)(C)(i). Pub. L. 117–58, § 90001(2)(B), substituted
‘‘6’’ for ‘‘5 1⁄2’’, ‘‘4.0’’ for ‘‘2.0’’, and ‘‘; and’’ for semi-
colon at end.
Pub. L. 117–7, § 1(b)(1), substituted ‘‘first 5 1⁄2 months’’
for ‘‘first 6 months’’ and ‘‘2.0 percent’’ for ‘‘4.0 percent’’
and struck out ‘‘and’’ at end.
Par. (6)(C)(ii). Pub. L. 117–58, § 90001(2)(C), substituted
‘‘second 6 months’’ for ‘‘6-month period beginning on
the day after the last day of the period described in
clause (i)’’, ‘‘0’’ for ‘‘4.0’’, and a period for ‘‘; and’’ at
end.
Pub. L. 117–7, § 1(b)(2), substituted ‘‘6-month period
beginning on the day after the last day of the period de-
scribed in clause (i)’’ for ‘‘second 6 months’’ and ‘‘4.0
percent; and’’ for ‘‘0.0 percent.’’
Par. (6)(C)(iii). Pub. L. 117–58, § 90001(2)(D), struck out
cl. (iii) which read as follows: ‘‘with respect to the re-
maining 1⁄2 month in which such order is so effective for
such fiscal year, the payment reduction shall be 0.0 per-
cent.’’
Pub. L. 117–7, § 1(b)(3), added cl. (iii).
Par. (6)(D). Pub. L. 117–71, § 2(b)(2), added subpar. (D).
Par. (6)(E). Pub. L. 117–71, § 2(b)(1), redesignated sub-
par. (C) as (E).
2020—Par. (6)(B). Pub. L. 116–136, § 3709(b)(1), sub-
stituted ‘‘through 2030’’ for ‘‘through 2029’’ in introduc-
tory provisions.
Par. (6)(C). Pub. L. 116–136, § 3709(b)(2), substituted
‘‘fiscal year 2030’’ for ‘‘fiscal year 2029’’ in introductory
provisions.
2019—Par. (5)(B). Pub. L. 116–37, § 101(d)(1), substituted
‘‘(12), and (13)’’ for ‘‘and (12)’’ in introductory provi-
sions.
Par. (6)(B). Pub. L. 116–37, § 402(1), substituted ‘‘fiscal
years 2022 through 2029’’ for ‘‘fiscal years 2022 through
2027’’ in introductory provisions.
Par. (6)(C). Pub. L. 116–37, § 402(2), substituted ‘‘fiscal
year 2029’’ for ‘‘fiscal year 2027’’ in introductory provi-
sions.
Par. (13). Pub. L. 116–37, § 101(d)(2), added par. (13).
2018—Par. (5)(B). Pub. L. 115–123, § 30101(b)(1), sub-
stituted ‘‘, (11), and (12)’’ for ‘‘and (11)’’ in introductory
provisions.
Par. (6)(B). Pub. L. 115–123, § 30101(c)(1), substituted
‘‘for each of fiscal years 2022 through 2027’’ for ‘‘for fis-
cal year 2022, for fiscal year 2023, for fiscal year 2024,
and for fiscal year 2025’’ in introductory provisions.
Par. (6)(C). Pub. L. 115–123, § 30101(c)(2), substituted
‘‘fiscal year 2027’’ for ‘‘fiscal year 2025’’ in introductory
provisions.
Par. (12). Pub. L. 115–123, § 30101(b)(2), added par. (12).
2015—Par. (5)(B). Pub. L. 114–74, § 101(b)(1), substituted
‘‘paragraphs (10) and (11)’’ for ‘‘paragraph (10)’’.
Par. (6)(B). Pub. L. 114–74, § 101(c)(1), in introductory
provisions, substituted ‘‘for fiscal year 2024, and for fis-
cal year 2025’’ for ‘‘and for fiscal year 2024’’.
Par. (6)(C), (D). Pub. L. 114–74, § 101(c)(2), (3), redesig-
nated subpar. (D) as (C), substituted ‘‘fiscal year 2025’’
for ‘‘fiscal year 2024’’ in introductory provisions, and
struck out former subpar. (C) which read as follows:
‘‘Notwithstanding the 2 percent limit specified in sub-
paragraph (A) for payments for the Medicare programs
specified in section 906(d) of this title, the sequestra-
tion order of the President under such subparagraph for
fiscal year 2023 shall be applied to such payments so
that—
‘‘(i) with respect to the first 6 months in which such
order is effective for such fiscal year, the payment re-
duction shall be 2.90 percent; and
‘‘(ii) with respect to the second 6 months in which
such order is so effective for such fiscal year, the pay-
ment reduction shall be 1.11 percent.’’
Par. (11). Pub. L. 114–74, § 101(b)(2), added par. (11).
2014—Par. (6)(B). Pub. L. 113–82 substituted ‘‘, for fis-
cal year 2023, and for fiscal year 2024’’ for ‘‘and for fis-
cal year 2023’’.
Par. (6)(D). Pub. L. 113–93 added subpar. (D).
2013—Pub. L. 113–67, § 101(d)(2)(A), in introductory pro-
visions substituted ‘‘Discretionary appropriations and
direct spending accounts shall be reduced in accordance
with this section as follows:’’ for ‘‘Unless a joint com-
mittee
bill
achieving
an
amount
greater
than
$1,200,000,000,000 in deficit reduction as provided in sec-
tion 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011
is enacted by January 15, 2012, the discretionary spend-
ing limits listed in section 901(c) of this title shall be
revised, and discretionary appropriations and direct
spending shall be reduced, as follows:’’.
Par. (1). Pub. L. 113–67, § 101(d)(2)(B), (C), redesignated
par.(3) as (1) and struck out former par. (1) which de-
fined ‘‘revised security category’’ as discretionary ap-
propriations in budget function 050 and ‘‘revised non-
security category’’ as discretionary appropriations
other than in budget function 050.
Par. (2). Pub. L. 113–67, § 101(d)(2)(B)–(D), redesignated
par. (4) as (2), substituted ‘‘paragraph (1)’’ for ‘‘para-
graph (3)’’, and struck out former par. (2) which revised
discretionary spending limits under section 901(c) of
this title for fiscal years 2013 through 2021.
Par. (3). Pub. L. 113–67, § 101(d)(2)(C), (E), redesignated
par. (5) as (3) and substituted ‘‘paragraph (2)’’ for ‘‘para-
graph (4)’’ in two places. Former par. (3) redesignated
(1).
Par. (3)(E). Pub. L. 112–240, § 901(a), added subpar. (E).
Par. (4). Pub. L. 113–67, § 101(d)(2)(C), (F), redesignated
par. (6) as (4) and substituted ‘‘paragraph (2)’’ for ‘‘para-
graph (4)’’ in two places. Former par. (4) redesignated
(2).
Pub. L. 112–240, § 901(c)(1), substituted ‘‘March 1, 2013’’
for ‘‘January 2, 2013’’.
Par. (5). Pub. L. 113–67, § 101(d)(2)(C), (G), redesignated
par. (7) as (5) and substituted ‘‘paragraph (3)’’ for ‘‘para-
graph (5)’’ in two places and ‘‘paragraph (4)’’ for ‘‘para-
graph (6)’’ in two places. Former par. (5) redesignated
(3).
Par. (5)(B). Pub. L. 113–67, § 101(b)(2), substituted ‘‘Ex-
cept as provided by paragraph (10), on’’ for ‘‘On’’ in in-
troductory provisions.
Par. (6). Pub. L. 113–67, § 101(d)(2)(C), (H), redesignated
par. (8) as (6) and, in subpar. (A), substituted ‘‘para-
graph (2)’’ for ‘‘paragraph (4)’’ and ‘‘paragraphs (3) and
(4)’’ for ‘‘paragraphs (5) and (6)’’. Former par. (6) redes-
ignated (4).
Pub. L. 113–67, § 101(c), designated existing provisions
as subpar. (A) and added subpar. (B).
Par. (6)(C). Pub. L. 113–67, § 1205, added subpar. (C).
Par. (7). Pub. L. 113–67, § 101(d)(2)(C), (I), redesignated
par. (9) as (7), substituted ‘‘paragraph (6)’’ for ‘‘para-
graph (8)’’, and substituted ‘‘paragraph (4)’’ for ‘‘para-
graph (6)’’ in two places. Former par. (7) redesignated
(5).
Page 252
TITLE 2—THE CONGRESS
§ 902
Par. (7)(A). Pub. L. 112–240, § 901(c)(2), substituted
‘‘March 1, 2013’’ for ‘‘January 2, 2013’’ in introductory
provisions.
Par. (8). Pub. L. 113–67, § 101(d)(2)(C), redesignated par.
(10) as (8). Former par. (8) redesignated (6).
Par. (9). Pub. L. 113–67, § 101(d)(2)(C), (J), redesignated
par. (11) as (9) and substituted ‘‘paragraph (2)’’ for
‘‘paragraph (4)’’. Former par. (9) redesignated (7).
Par. (10). Pub. L. 113–67, § 101(b)(1), added par. (10).
Former par. (10) redesignated (8).
Par. (11). Pub. L. 113–67, § 101(d)(2)(C), redesignated
par. (11) as (9).
Statutory Notes and Related Subsidiaries
TEMPORARY SUSPENSION AND ADJUSTMENT OF
MEDICARE SEQUESTRATION
Pub. L. 116–136, div. A, title III, § 3709(a), Mar. 27, 2020,
134 Stat. 421, as amended by Pub. L. 116–260, div. N, title
I, § 102(a), Dec. 27, 2020, 134 Stat. 1950; Pub. L. 117–7,
§ 1(a)(1), Apr. 14, 2021, 135 Stat. 251; Pub. L. 117–71,
§ 2(a)(1), Dec. 10, 2021, 135 Stat. 1506, provided that:
‘‘During the period beginning on May 1, 2020 and ending
on March 31, 2022, the Medicare programs under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
shall be exempt from reduction under any sequestra-
tion order issued before, on, or after the date of enact-
ment of this Act [Mar. 27, 2020].’’
[Pub. L. 117–71, § 2(a)(2), Dec. 10, 2021, 135 Stat. 1506,
provided that: ‘‘The amendments made by paragraph (1)
[amending section 3709(a) of Pub. L. 116–136, set out
above] shall take effect as if enacted as part of the
CARES Act (Public Law 116–136).’’]
[Pub. L. 117–7, § 1(a)(2), Apr. 14, 2021, 135 Stat. 251, pro-
vided that: ‘‘The amendment made by paragraph (1)
[amending section 3709(a) of Pub. L. 116–136, set out
above] shall take effect as if enacted as part of the
CARES Act (Public Law 116–136).’’]
[Pub. L. 116–260, div. N, title I, § 102(b), Dec. 27, 2020,
134 Stat. 1950, provided that: ‘‘The amendment made by
subsection (a) [amending section 3709(a) of Pub. L.
116–136, set out above] shall take effect as if enacted as
part of the CARES Act (Public Law 116–136).’’]
2013 SEQUESTER
Pub. L. 112–240, title IX, § 901(e), Jan. 2, 2013, 126 Stat.
2370, provided that: ‘‘On March 1, 2013, the President
shall order a sequestration for fiscal year 2013 pursuant
to section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 [2 U.S.C. 901a], as amended
by this section, pursuant to which, only for the pur-
poses
of
the
calculation
in
sections
251A(5)(A),
251A(6)(A), and 251A(7)(A), section 251(c)(2) [former 2
U.S.C. 901(c)(2)] shall be applied as if it read as follows:
‘‘ ‘(2) For fiscal year 2013—
‘‘ ‘(A) for the security category, $544,000,000,000 in
budget authority; and
‘‘ ‘(B) for the nonsecurity category, $499,000,000,000
in budget authority;’.’’
Executive Documents
SEQUESTRATION ORDER FOR FISCAL YEAR 2025 PURSUANT
TO SECTION 251A OF THE BALANCED BUDGET AND EMER-
GENCY DEFICIT CONTROL ACT, AS AMENDED
Order of President of the United States, dated Mar.
11, 2024, 89 F.R. 18531, provided:
By the authority vested in me as President by the
laws of the United States of America, and in accord-
ance with section 251A of the Balanced Budget and
Emergency Deficit Control Act (the ‘‘Act’’), as amend-
ed, 2 U.S.C. 901a, I hereby order that, on October 1, 2024,
direct spending budgetary resources for fiscal year 2025
in each non-exempt budget account be reduced by the
amount calculated by the Office of Management and
Budget in its report to the Congress of March 11, 2024.
All sequestrations shall be made in strict accordance
with the requirements of section 251A of the Act and
the specifications of the Office of Management and
Budget’s report of March 11, 2024, prepared pursuant to
section 251A(9) of the Act.
J.R. BIDEN, JR.
Sequestration orders pursuant to this section for
prior fiscal years were contained in the following:
2024—Order of President of the United States, dated
Mar. 13, 2023, 88 F.R. 16171.
2023—Order of President of the United States, dated
Mar. 28, 2022, 87 F.R. 18603.
2022—Order of President of the United States, dated
May 28, 2021, 86 F.R. 29927.
2021—Order of President of the United States, dated
Feb. 10, 2020, 85 F.R. 8129.
2020—Order of President of the United States, dated
Mar. 18, 2019, 84 F.R. 10401.
2019—Order of President of the United States, dated
Feb. 12, 2018, 83 F.R. 6789.
2018—Order of President of the United States, dated
May 23, 2017, 82 F.R. 24209.
2017—Order of President of the United States, dated
Feb. 9, 2016, 81 F.R. 7693.
2016—Order of President of the United States, dated
Feb. 2, 2015, 80 F.R. 6645.
2015—Order of President of the United States, dated
Mar. 10, 2014, 79 F.R. 14365.
2014—Order of President of the United States, dated
Apr. 10, 2013, 78 F.R. 22409.
2013—Order of President of the United States, dated
Mar. 1, 2013, 78 F.R. 14633.
§ 902. Enforcing pay-as-you-go
(a) Purpose
The purpose of this section is to assure that
any legislation enacted before October 1, 2002,
affecting direct spending or receipts that in-
creases the deficit will trigger an offsetting se-
questration.
(b) Sequestration
(1) Timing
Not later than 15 calendar days after the
date Congress adjourns to end a session and on
the same day as a sequestration (if any) under
section 901 or 903 of this title, there shall be a
sequestration to offset the amount of any net
deficit increase caused by all direct spending
and receipts legislation enacted before October
1, 2002, as calculated under paragraph (2).
(2) Calculation of deficit increase
OMB shall calculate the amount of deficit
increase or decrease by adding—
(A) all OMB estimates for the budget year
of direct spending and receipts legislation
transmitted under subsection (d);
(B) the estimated amount of savings in di-
rect spending programs applicable to the
budget year resulting from the prior year’s
sequestration under this section or section
903 of this title, if any, as published in
OMB’s final sequestration report for that
prior year; and
(C) any net deficit increase or decrease in
the current year resulting from all OMB es-
timates for the current year of direct spend-
ing and receipts legislation transmitted
under subsection (d) that were not reflected
in the final OMB sequestration report for the
current year.
(c) Eliminating a deficit increase
(1) The amount required to be sequestered in a
fiscal year under subsection (b) shall be obtained
from non-exempt direct spending accounts from
actions taken in the following order:
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement**
(1) **Sequestration** — Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category.
(2) **Eliminating a breach** — Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category.
(3) **Military personnel** — If the President uses the authority to exempt any personnel account from sequestration under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim), each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim) has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority.
(4) **Part-year appropriations** — If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from—
(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation
Stored review status: release_metadata_unconfirmed. The source passage cites 2 U.S.C. § 901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 901. Enforcing discretionary spending limits
(a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress ad-
journs to end a session there shall be a seques-
tration to eliminate a budget-year breach, if
any, within any category.
(2) Eliminating a breach
Each non-exempt account within a category
shall be reduced by a dollar amount calculated
by
multiplying
the
enacted
level
of
sequestrable budgetary resources in that ac-
count at that time by the uniform percentage
necessary to eliminate a breach within that
category.
(3) Military personnel
If the President uses the authority to ex-
empt any personnel account from sequestra-
tion under section 905(f) of this title, each ac-
count within subfunctional category 051 (other
than those military personnel accounts for
which the authority provided under section
905(f) of this title has been exercised) shall be
further reduced by a dollar amount calculated
by multiplying the enacted level of non-ex-
empt budgetary resources in that account at
that time by the uniform percentage nec-
essary to offset the total dollar amount by
which outlays are not reduced in military per-
sonnel accounts by reason of the use of such
authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1),
there is in effect an Act making or continuing
appropriations for part of a fiscal year for any
budget account, then the dollar sequestration
calculated for that account under paragraphs
(2) and (3) shall be subtracted from—
(A)
the
annualized
amount
otherwise
available by law in that account under that
or a subsequent part-year appropriation; and
(B) when a full-year appropriation for that
account is enacted, from the amount other-
wise provided by the full-year appropriation
Stored review status: historical_2024_not_currentness_verified. The source passage cites 2 U.S.C. § 901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:
(1) **Calculation of total deficit reduction** — OMB shall calculate the amount of the deficit reduction required by this section for each of fiscal years 2013 through 2021 by—
(A) starting with $1,200,000,000,000;
(B) subtracting the amount of deficit reduction achieved by the enactment of a joint committee bill, as provided in section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011;
(C) reducing the difference by 18 percent to account for debt service;
(D) dividing the result by 9; and
(E) for fiscal year 2013, reducing the amount calculated under subparagraphs (A) through (D) by $24,000,000,000.
(2) **Allocation to functions** — On March 1, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal years 2014 through 2021 pursuant to [section 904(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section904/c&num=0&edition=prelim), OMB shall allocate half of the total reduction calculated pursuant to paragraph (1) for that year to discretionary appropriations and direct spending accounts within function 050 (defense function) and half to accounts in all other functions (nondefense functions).
(3) **Defense function reduction** — OMB shall calculate the reductions to discretionary appropriations and direct spending for each of fiscal years 2013 through 2021 for defense function spending as follows:
(A) *Discretionary* — OMB shall calculate the reduction to discretionary appropriations by—
(i) taking the total reduction for the defense function allocated for that year under paragraph (2);
(ii) multiplying by the discretionary spending limit for the revised secur
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395. Prohibition against any Federal inter-
ference
Nothing in this subchapter shall be construed
to authorize any Federal officer or employee to
exercise any supervision or control over the
practice of medicine or the manner in which
medical services are provided, or over the selec-
tion, tenure, or compensation of any officer or
employee of any institution, agency, or person
providing health services; or to exercise any su-
pervision or control over the administration or
operation of any such institution, agency, or
person.
(Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of title I of Pub. L. 89–97, which en-
acted this subchapter as the ‘‘Health Insurance for the
Aged Act’’, see section 100 of Pub. L. 89–97, set out as
a Short Title of 1965 Amendment note under section
1305 of this title.
PROTECTING AND IMPROVING GUARANTEED MEDICARE
BENEFITS
Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat.
538, provided that:
‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.—
Nothing in the provisions of, or amendments made by,
this Act [see Short Title note set out under section
18001 of this title] shall result in a reduction of guaran-
teed benefits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.].
‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE
MEDICARE
PROGRAM
AND
MEDICARE
BENEFICIARIES.—
Savings generated for the Medicare program under title
XVIII of the Social Security Act under the provisions
of, and amendments made by, this Act shall extend the
solvency of the Medicare trust funds, reduce Medicare
premiums and other cost-sharing for beneficiaries, and
improve or expand gu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.