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2 U.S.C. § 935 — Calculating a sequestration
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reducing nonexempt budgetary resources by a uniform percentage**
(1) **In general** — OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any, on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in [section 906(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d&num=0&edition=prelim) shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.
(2) **Programs and activities in unified budget only** — Subject to the exemptions set forth in section 11,11 See References in Text note below. OMB shall determine the uniform percentage required under paragraph (1) with respect to programs and activities contained in the unified budget only.
**(b) Outlay savings** In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count—
(1) the amount by which the sequestration in a crop year of crop support payments, pursuant to [section 906(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/j&num=0&edition=prelim), reduces outlays in the budget year and the subsequent fiscal year;
(2) the amount by which the sequestration of Medicare payments in the 12-month period following
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Source location: Title 2, Chapter 20A, § 935; chapter-20a-statutory-pay-as-you-go.md
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**(a) Reducing nonexempt budgetary resources by a uniform percentage**
(1) **In general** — OMB shall calculate the uniform percentage by which the budgetary resources of nonexempt direct spending programs are to be sequestered such that the outlay savings resulting from that sequestration, as calculated under subsection (b), shall offset the budget-year debit, if any, on the applicable PAYGO scorecard. If the uniform percentage calculated under the prior sentence exceeds 4 percent, the Medicare programs described in [section 906(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d&num=0&edition=prelim) shall be reduced by 4 percent and the uniform percentage by which the budgetary resources of all other nonexempt direct spending programs are to be sequestered shall be increased, as necessary, so that the sequestration of Medicare and of all other nonexempt direct spending programs together produce the required outlay savings.
(2) **Programs and activities in unified budget only** — Subject to the exemptions set forth in section 11,11 See References in Text note below. OMB shall determine the uniform percentage required under paragraph (1) with respect to programs and activities contained in the unified budget only.
**(b) Outlay savings** In determining the amount by which a sequestration offsets a budget-year debit, OMB shall count—
(1) the amount by which the sequestration in a crop year of crop support payments, pursuant to [section 906(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/j&num=0&edition=prelim), reduces outlays in the budget year and the subsequent fiscal year;
(2) the amount by which the sequestration of Medicare payments in the 12-month period following the sequestration order, pursuant to [section 906(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d&num=0&edition=prelim), reduces outlays in the budget year and the subsequent fiscal year; and
(3) the amount by which the sequestration in the budget year of the budgetary resources of other nonexempt mandatory programs reduces outlays in the budget year and in the subsequent fiscal year.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Social security benefits and tier I railroad retirement benefits** Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), and benefits payable under sections 231b and 231c 11 See References in Text note below. of title 45, shall be exempt from reduction under any order issued under this subchapter.
**(b) Veterans programs** The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701).
**(c) Net interest** No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter.
**(d) Refundable income tax credits and certain elective payments**
(1) **Refundable income tax credits** — Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter.
(2) **Certain elective payments** — Payments made to taxpayers pursuant to elections under subsection (d) of [section 48D of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section48D&num=0&edition=prelim), or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter.
**(e) Non-defense unobligated balances** Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense categor
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 905
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 901a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual report** Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB shall make publicly available and cause to be printed in the Federal Register an annual PAYGO report. The report shall include an up-to-date document containing the PAYGO scorecards, a description of any current policy adjustments made under [section 933(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section933/c&num=0&edition=prelim), information about emergency legislation (if any) designated under [section 933(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section933/g&num=0&edition=prelim), information about any sequestration if required by subsection (b), and other data and explanations that enhance public understanding of this chapter and actions taken under it.
**(b) Sequestration order** If the annual report issued at the end of a session of Congress under subsection (a) shows a debit on either PAYGO scorecard for the budget year, OMB shall prepare and the President shall issue and include in that report a sequestration order that, upon issuance, shall reduce budgetary resources of direct spending programs by enough to offset that debit as prescribed in [section 935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section935&num=0&edition=prelim). If there is a debit on both scorecards, the order shall fully offset the larger of the two debits. OMB shall transmit the order and the report to the House of Representatives and the Senate. If the President issues a sequestration order, the annual report shall contain, for each budget account to be sequestered, estimates of the baseline level of budgetary resources subject to sequestr
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 934
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) notwithstanding section 275 of BBEDCA, the provisions of sections 905, 906, 907, and 922 of this title, as amended by this title,11 See References in Text note below. shall apply to the provisions of this chapter;
(2) references in sections 905, 906, 907, and 922 of this title to “this subchapter” or “this title” 1 shall be interpreted as applying to this chapter;
(3) references in sections 905, 906, 907, and 922 of this title to “[section 904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section904&num=0&edition=prelim)” shall be interpreted as referencing [section 934 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section934&num=0&edition=prelim);
(4) the reference in [section 906(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/b&num=0&edition=prelim) to “section 902 or 903 of this title” shall be interpreted as referencing [section 934 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section934&num=0&edition=prelim);
(5) the reference in [section 906(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d/1&num=0&edition=prelim) to “section 902 or 903 of this title” shall be interpreted as referencing [section 935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section935&num=0&edition=prelim);
(6) the reference in [section 906(d)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section906/d/4&num=0&edition=prelim) to “section 902 or 903 of this title” shall be interpreted as referencing [section 934 of this title](https://uscode.house.gov/view.xhtml?req=gran
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 937
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Federal law — U.S. Code and appendices · legal_authorities
Page 289
TITLE 2—THE CONGRESS
§ 936
1 See References in Text note below.
amended provisions set out as a note under section
1396p of Title 42, prior to repeal by Pub. L. 112–240, title
VI, § 642(b)(1), Jan. 2, 2013, 126 Stat. 2358.
CODIFICATION
Section is comprised of section 4 of Pub. L. 111–139.
Subsec. (b) of section 4 of Pub. L. 111–139 amended sec-
tion 639 of this title.
§ 934. Annual report and sequestration order
(a) Annual report
Not later than 14 days (excluding weekends
and holidays) after Congress adjourns to end a
session, OMB shall make publicly available and
cause to be printed in the Federal Register an
annual PAYGO report. The report shall include
an up-to-date document containing the PAYGO
scorecards, a description of any current policy
adjustments made under section 933(c) of this
title, information about emergency legislation
(if any) designated under section 933(g) of this
title, information about any sequestration if re-
quired by subsection (b), and other data and ex-
planations that enhance public understanding of
this chapter and actions taken under it.
(b) Sequestration order
If the annual report issued at the end of a ses-
sion of Congress under subsection (a) shows a
debit on either PAYGO scorecard for the budget
year, OMB shall prepare and the President shall
issue and include in that report a sequestration
order that, upon issuance, shall reduce budg-
etary resources of direct spending programs by
enough to offset that debit as prescribed in sec-
tion 935 of this title. If there is a debit on both
scorecards, the order shall fully offset the larger
of the two debits. OMB shall transmit the order
and the report to the House of Representatives
and the Senate. If the President issues a seques-
tration order, the
Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 935
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