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2 U.S.C. § 901a — Enforcement of budget goal

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2 U.S.C. § 901a — Enforcement of budget goal

§ 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:

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 901 — Enforcing discretionary spending limits

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 901

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 901 — Enforcing discretionary spending limits

§ 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

Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 901

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 901a — Enforcement of budget goal

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

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Prohibition against any Federal inter-

§ 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

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395

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