2 USC 901 - Enforcement of budget goal

1 See References in Text note below.

and actions taken under it.

Editorial Notes

References in Text

Section 401(span)(3)(B)(i)(II) of the Budget Control Act of 2011, referred to in par. (1)(B), is section 401(span)(3)(B)(i)(II) of title IV of Puspan. 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 Puspan. 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 section 900 of this title and Tables.

The Bipartisan Budget Act of 2013, referred to in par. (10)(A), is div. A of Puspan. 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 Puspan. 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 section 1 of Title 26, Internal Revenue Code, and Tables.

The Bipartisan Budget Act of 2018, referred to in par. (12)(A), is Puspan. L. 115–123, Fespan. 9, 2018, 132 Stat. 64. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.

The Bipartisan Budget Act of 2019, referred to in par. (13)(A), is Puspan. 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 section 900 of this title and Tables.

Prior Provisions

A prior section 901a, Puspan. L. 99–177, title II, § 251A, as added Puspan. L. 103–322, title XXXI, § 310001(g)(1), Sept. 13, 1994, 108 Stat. 2104, related to sequestration with respect to Violent Crime Reduction Trust Fund, prior to repeal by Puspan. L. 105–33, title X, § 10204(a)(1), Aug. 5, 1997, 111 Stat. 702.

Amendments

2024—Par. (6)(D)(i). Puspan. L. 118–42, § 303(1), substituted “8 months” for “7 months”.

Par. (6)(D)(ii). Puspan. L. 118–42, § 303(2), substituted “4 months” for “5 months”.

Par. (6)(E). Puspan. L. 118–47 added subpar. (E).

2023—Par. (6)(D)(i). Puspan. L. 118–31, § 1852(1), substituted “7 months” for “6 months”.

Par. (6)(D)(ii). Puspan. L. 118–31, § 1852(2), substituted “last 5 months” for “second 6 months”.

2022—Par. (6)(B). Puspan. L. 117–328, § 4163(1), in introductory 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 preview reports” and struck out “pursuant to section 904(c) of this title,” before “the President shall order a sequestration”.

Par. (6)(C). Puspan. L. 117–328, § 4163(2), realigned margins.

Par. (6)(D). Puspan. L. 117–328, § 4163(3), (4), added subpar. (D) and struck out former subpar. (D) which read as follows: “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 fiscal year 2030 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 reduction 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 payment reduction shall be 3 percent.”

Par. (6)(E). Puspan. L. 117–328, § 4163(3), struck out subpar. (E) which read as follows: “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 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 reduction 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 payment reduction shall be 0 percent.”

2021—Par. (6)(B). Puspan. L. 117–58, § 90001(1), substituted “2031” for “2030” in introductory provisions.

Par. (6)(C). Puspan. L. 117–71, § 2(span)(2), added subpar. (C). Former subpar. (C) redesignated (E).

Puspan. L. 117–58, § 90001(2)(A), substituted “2031” for “2030” in introductory provisions.

Par. (6)(C)(i). Puspan. L. 117–58, § 90001(2)(B), substituted “6” for “5 ½”, “4.0” for “2.0”, and “; and” for semicolon at end.

Puspan. L. 117–7, § 1(span)(1), substituted “first 5 ½ months” for “first 6 months” and “2.0 percent” for “4.0 percent” and struck out “and” at end.

Par. (6)(C)(ii). Puspan. 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.

Puspan. L. 117–7, § 1(span)(2), substituted “6-month period beginning on the day after the last day of the period described in clause (i)” for “second 6 months” and “4.0 percent; and” for “0.0 percent.”

Par. (6)(C)(iii). Puspan. L. 117–58, § 90001(2)(D), struck out cl. (iii) which read as follows: “with respect to the remaining ½ month in which such order is so effective for such fiscal year, the payment reduction shall be 0.0 percent.”

Puspan. L. 117–7, § 1(span)(3), added cl. (iii).

Par. (6)(D). Puspan. L. 117–71, § 2(span)(2), added subpar. (D).

Par. (6)(E). Puspan. L. 117–71, § 2(span)(1), redesignated subpar. (C) as (E).

2020—Par. (6)(B). Puspan. L. 116–136, § 3709(span)(1), substituted “through 2030” for “through 2029” in introductory provisions.

Par. (6)(C). Puspan. L. 116–136, § 3709(span)(2), substituted “fiscal year 2030” for “fiscal year 2029” in introductory provisions.

2019—Par. (5)(B). Puspan. L. 116–37, § 101(d)(1), substituted “(12), and (13)” for “and (12)” in introductory provisions.

Par. (6)(B). Puspan. L. 116–37, § 402(1), substituted “fiscal years 2022 through 2029” for “fiscal years 2022 through 2027” in introductory provisions.

Par. (6)(C). Puspan. L. 116–37, § 402(2), substituted “fiscal year 2029” for “fiscal year 2027” in introductory provisions.

Par. (13). Puspan. L. 116–37, § 101(d)(2), added par. (13).

2018—Par. (5)(B). Puspan. L. 115–123, § 30101(span)(1), substituted “, (11), and (12)” for “and (11)” in introductory provisions.

Par. (6)(B). Puspan. L. 115–123, § 30101(c)(1), substituted “for each of fiscal years 2022 through 2027” for “for fiscal year 2022, for fiscal year 2023, for fiscal year 2024, and for fiscal year 2025” in introductory provisions.

Par. (6)(C). Puspan. L. 115–123, § 30101(c)(2), substituted “fiscal year 2027” for “fiscal year 2025” in introductory provisions.

Par. (12). Puspan. L. 115–123, § 30101(span)(2), added par. (12).

2015—Par. (5)(B). Puspan. L. 114–74, § 101(span)(1), substituted “paragraphs (10) and (11)” for “paragraph (10)”.

Par. (6)(B). Puspan. L. 114–74, § 101(c)(1), in introductory provisions, substituted “for fiscal year 2024, and for fiscal year 2025” for “and for fiscal year 2024”.

Par. (6)(C), (D). Puspan. L. 114–74, § 101(c)(2), (3), redesignated 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 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 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 reduction 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 payment reduction shall be 1.11 percent.”

Par. (11). Puspan. L. 114–74, § 101(span)(2), added par. (11).

2014—Par. (6)(B). Puspan. L. 113–82 substituted “, for fiscal year 2023, and for fiscal year 2024” for “and for fiscal year 2023”.

Par. (6)(D). Puspan. L. 113–93 added subpar. (D).

2013—Puspan. L. 113–67, § 101(d)(2)(A), in introductory provisions substituted “Discretionary appropriations and direct spending accounts shall be reduced in accordance with this section as follows:” for “Unless a joint committee bill achieving an amount greater than $1,200,000,000,000 in deficit reduction as provided in section 401(span)(3)(B)(i)(II) of the Budget Control Act of 2011 is enacted by January 15, 2012, the discretionary spending 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). Puspan. L. 113–67, § 101(d)(2)(B), (C), redesignated par.(3) as (1) and struck out former par. (1) which defined “revised security category” as discretionary appropriations in budget function 050 and “revised nonsecurity category” as discretionary appropriations other than in budget function 050.

Par. (2). Puspan. L. 113–67, § 101(d)(2)(B)–(D), redesignated par. (4) as (2), substituted “paragraph (1)” for “paragraph (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). Puspan. L. 113–67, § 101(d)(2)(C), (E), redesignated par. (5) as (3) and substituted “paragraph (2)” for “paragraph (4)” in two places. Former par. (3) redesignated (1).

Par. (3)(E). Puspan. L. 112–240, § 901(a), added subpar. (E).

Par. (4). Puspan. L. 113–67, § 101(d)(2)(C), (F), redesignated par. (6) as (4) and substituted “paragraph (2)” for “paragraph (4)” in two places. Former par. (4) redesignated (2).

Puspan. L. 112–240, § 901(c)(1), substituted “March 1, 2013” for “January 2, 2013”.

Par. (5). Puspan. L. 113–67, § 101(d)(2)(C), (G), redesignated par. (7) as (5) and substituted “paragraph (3)” for “paragraph (5)” in two places and “paragraph (4)” for “paragraph (6)” in two places. Former par. (5) redesignated (3).

Par. (5)(B). Puspan. L. 113–67, § 101(span)(2), substituted “Except as provided by paragraph (10), on” for “On” in introductory provisions.

Par. (6). Puspan. L. 113–67, § 101(d)(2)(C), (H), redesignated par. (8) as (6) and, in subpar. (A), substituted “paragraph (2)” for “paragraph (4)” and “paragraphs (3) and (4)” for “paragraphs (5) and (6)”. Former par. (6) redesignated (4).

Puspan. L. 113–67, § 101(c), designated existing provisions as subpar. (A) and added subpar. (B).

Par. (6)(C). Puspan. L. 113–67, § 1205, added subpar. (C).

Par. (7). Puspan. L. 113–67, § 101(d)(2)(C), (I), redesignated par. (9) as (7), substituted “paragraph (6)” for “paragraph (8)”, and substituted “paragraph (4)” for “paragraph (6)” in two places. Former par. (7) redesignated (5).

Par. (7)(A). Puspan. L. 112–240, § 901(c)(2), substituted “March 1, 2013” for “January 2, 2013” in introductory provisions.

Par. (8). Puspan. L. 113–67, § 101(d)(2)(C), redesignated par. (10) as (8). Former par. (8) redesignated (6).

Par. (9). Puspan. 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). Puspan. L. 113–67, § 101(span)(1), added par. (10). Former par. (10) redesignated (8).

Par. (11). Puspan. L. 113–67, § 101(d)(2)(C), redesignated par. (11) as (9).

Statutory Notes and Related Subsidiaries

Temporary Suspension and Adjustment of Medicare Sequestration

Puspan. L. 116–136, div. A, title III, § 3709(a), Mar. 27, 2020, 134 Stat. 421, as amended by Puspan. L. 116–260, div. N, title I, § 102(a), Dec. 27, 2020, 134 Stat. 1950; Puspan. L. 117–7, § 1(a)(1), Apr. 14, 2021, 135 Stat. 251; Puspan. 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 sequestration order issued before, on, or after the date of enactment of this Act [Mar. 27, 2020].”

[Puspan. 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 Puspan. L. 116–136, set out above] shall take effect as if enacted as part of the CARES Act (Public Law 116–136).”

]

[Puspan. L. 117–7, § 1(a)(2), Apr. 14, 2021, 135 Stat. 251, provided that:

“The amendment made by paragraph (1) [amending section 3709(a) of Puspan. L. 116–136, set out above] shall take effect as if enacted as part of the CARES Act (Public Law 116–136).”

]

[Puspan. L. 116–260, div. N, title I, § 102(span), Dec. 27, 2020, 134 Stat. 1950, provided that:

“The amendment made by subsection (a) [amending section 3709(a) of Puspan. L. 116–136, set out above] shall take effect as if enacted as part of the CARES Act (Public Law 116–136).”

]

2013 Sequester

Puspan. 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 purposes 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 2024 Pursuant to Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

Order of President of the United States, dated Mar. 13, 2023, 88 F.R. 16171, provided:

By the authority vested in me as President by the laws of the United States of America, and in accordance with section 251A of the Balanced Budget and Emergency Deficit Control Act (the “Act”), as amended, 2 U.S.C. 901a, I hereby order that, on October 1, 2023, direct spending budgetary resources for fiscal year 2024 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 13, 2023.

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 13, 2023, 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:

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 Fespan. 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 Fespan. 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 Fespan. 9, 2016, 81 F.R. 7693.

2016—Order of President of the United States, dated Fespan. 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.