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2 U.S.C. § 904 — Reports and orders

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

2 U.S.C. § 904 — Reports and orders

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Source location: Title 2, Chapter 20, § 904; chapter-020-emergency-powers-to-eliminate-budget-deficits.md

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**(a) Timetable** The timetable with respect to this subchapter for any budget year is as follows: Date:Action to be completed: January 21Notification regarding optional adjustment of maximum deficit amount. 5 days before the President’s budget submissionCBO sequestration preview report. The President’s budget submissionOMB sequestration preview report. August 10Notification regarding military personnel. August 15CBO sequestration update report. August 20OMB sequestration update report. 10 days after end of sessionCBO final sequestration report. 15 days after end of sessionOMB final sequestration report; Presidential order. **(b) Submission and availability of reports** Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register. **(c) Sequestration preview reports** (1) **Reporting requirement** — On the dates specified in subsection (a), OMB and CBO shall issue a preview report regarding discretionary, pay-as-you-go, and deficit sequestration based on laws enacted through those dates. (2) **Discretionary sequestration report** — The preview reports shall set forth estimates for the current year and each subsequent year through 2025 of the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim). (3) **Pay-as-you-go sequestration reports** — The preview reports shall set forth, for the current year and the budget year, estimates for each of the following: (A) The amount of net deficit increase or decrease, if any, calculated under [section 902(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902/b&num=0&edition=prelim). (B) A list identifying each law enacted and sequestration implemented after November 5, 1990, included in the calculation of the amount of deficit increase or decrease and specifying the budgetary effect of each such law. (C) The sequestration percentage or (if the required sequestration percentage is greater than the maximum allowable percentage for medicare) percentages necessary to eliminate a deficit increase under [section 902(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902/c&num=0&edition=prelim). (4) **Deficit sequestration reports** — The preview reports shall set forth for the budget year estimates for each of the following: (A) The maximum deficit amount, the estimated deficit calculated under [section 903(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section903/b&num=0&edition=prelim), the excess deficit, and the margin. (B) The amount of reductions required under [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902&num=0&edition=prelim), the excess deficit remaining after those reductions have been made, and the amount of reductions required from defense accounts and the reductions required from non-defense accounts. (C) The sequestration percentage necessary to achieve the required reduction in defense accounts under [section 903(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section903/d&num=0&edition=prelim). (D) The reductions required under sections 903(e)(1) and 903(e)(2) of this title. (E) The sequestration percentage necessary to achieve the required reduction in non-defense accounts under [section 903(e)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section903/e/3&num=0&edition=prelim). The CBO report need not set forth the items other than the maximum deficit amount for fiscal year 1992, 1993, or any fiscal year for which the President notifies the House of Representatives and the Senate that he will adjust the maximum deficit amount under the option under [section 903(g)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section903/g/1/B&num=0&edition=prelim). (5) **Explanation of differences** — The OMB reports shall explain the differences between OMB and CBO estimates for each item set forth in this subsection. **(d) Notification regarding military personnel** On or before the date specified in subsection (a), the President shall notify the Congress of the manner in which he intends to exercise flexibility with respect to military personnel accounts under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim). **(e) Sequestration update reports** On the dates specified in subsection (a), OMB and CBO shall issue a sequestration update report, reflecting laws enacted through those dates, containing all of the information required in the sequestration preview reports. This report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year. **(f) Final sequestration reports** (1) **Reporting requirement** — On the dates specified in subsection (a), OMB and CBO shall issue a final sequestration report, updated to reflect laws enacted through those dates. (2) **Discretionary sequestration reports** — The final reports shall set forth estimates for each of the following: (A) For the current year and each subsequent year through 2025 the applicable discretionary spending limits for each category and an explanation of any adjustments in such limits under [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim), including a final estimate of the adjustment for disaster funding. (B) For the current year and the budget year the estimated new budget authority and outlays for each category and the breach, if any, in each category. (C) For each category for which a sequestration is required, the sequestration percentages necessary to achieve the required reduction. (D) For the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. (3) **Pay-as-you-go and deficit sequestration reports** — The final reports shall contain all the information required in the pay-as-you-go and deficit sequestration preview reports. In addition, these reports shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered and resulting outlay reductions. The reports shall also contain estimates of the effects on outlays of the sequestration in each outyear for direct spending programs. (4) **Explanation of differences** — The OMB report shall explain any differences between OMB and CBO estimates of the amount of any net deficit change calculated under [section 902(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902/b&num=0&edition=prelim), any excess deficit, any breach, and any required sequestration percentage. The OMB report shall also explain differences in the amount of sequesterable 11 So in original. Probably should be “sequestrable”. resources for any budget account to be reduced if such difference is greater than $5,000,000. (5) **Presidential order** — On the date specified in subsection (a), if in its final sequestration report OMB estimates that any sequestration is required, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance. **(g) Within-session sequestration reports and order** If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach, 10 days later CBO shall issue a report containing the information required in paragraph (f)(2). Fifteen days after enactment, OMB shall issue a report containing the information required in paragraphs (f)(2) and (f)(4). On the same day as the OMB report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance. **(h) GAO compliance report** Upon request of the Committee on the Budget of the House of Representatives or the Senate, the Comptroller General shall submit to the Congress and the President a report on— (1) the extent to which each order issued by the President under this section complies with all of the requirements contained in this subchapter, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not; and (2) the extent to which each report issued by OMB or CBO under this section complies with all of the requirements contained in this subchapter, either certifying that the report fully and accurately complies with such requirements or indicating the respects in which it does not. **(i) Low-growth report** At any time, CBO shall notify the Congress if— (1) during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, CBO or OMB has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or (2) the most recent of the Department of Commerce’s advance preliminary or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than one percent. **(j) Economic and technical assumptions** In all reports required by this section, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim).

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

2 U.S.C. § 903 — Enforcing deficit targets

**(a) Sequestration** Within 15 calendar days after Congress adjourns to end a session (other than of the One Hundred First Congress) and on the same day as a sequestration (if any) under [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim) and [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902&num=0&edition=prelim), but after any sequestration required by [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim) (enforcing discretionary spending limits) or [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902&num=0&edition=prelim) (enforcing pay-as-you-go), there shall be a sequestration to eliminate the excess deficit (if any remains) if it exceeds the margin. **(b) Excess deficit; margin** The excess deficit is, if greater than zero, the estimated deficit for the budget year, minus— (1) the maximum deficit amount for that year; (2) the amounts for that year designated as emergency direct spending or receipts legislation under [section 902(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section902/e&num=0&edition=prelim); and (3) for any fiscal year in which there is not a full adjustment for technical and economic reestimates, the deposit insurance reestimate for that year, if any, calculated under subsection (h). The “margin” for fiscal year 1992 or 1993 is zero and for fiscal year 1994 or 1995 is $15,000,000,000. **(c) Dividing sequestration** To eliminate the excess deficit in a budget year, half of the required outlay reductions shall be obtained from non-exempt defense

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 903

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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

5 U.S.C. § 5305 — Special pay authority

**(a)** (1) Whenever the Office of Personnel Management finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section. (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an age

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

42 U.S.C. § 1395ww — Studies and recommendations

**(a) Health care of the aged and disabled** The Secretary shall carry on studies and develop recommendations to be submitted from time to time to the Congress relating to health care of the aged and the disabled, including studies and recommendations concerning (1) the adequacy of existing personnel and facilities for health care for purposes of the programs under parts A and B of this subchapter; (2) methods for encouraging the further development of efficient and economical forms of health care which are a constructive alternative to inpatient hospital care; and (3) the effects of the deductibles and coinsurance provisions upon beneficiaries, persons who provide health services, and the financing of the program. **(b) Operation and administration of insurance programs** The Secretary shall make a continuing study of the operation and administration of this subchapter (including a validation of the accreditation process of national accreditation bodies under [section 1395bb(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395bb/a&num=0&edition=prelim) 11 So in original. Probably should be followed by a comma. the operation and administration of health maintenance organizations authorized by section 226 of the Social Security Amendments of 1972 [[42 U.S.C. 1395mm](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395mm&num=0&edition=prelim)], the experiments and demonstration projects authorized by section 402 of the Social Security Amendments of 1967 [[42 U.S.C. 1395b–1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395b-1&num=0&edition=prelim)] and the experiments and demonstration projects authorized by section 222(a) of the Social Security Amendments of 1972 [[4

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

2 U.S.C. § 900 — Statement of budget enforcement through sequestration; definitions

**(a) Omitted** **(b) General statement of budget enforcement through sequestration** This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session). **(c) Definitions** As used in this subchapter: (1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [[2 U.S.C. 622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section622&num=0&edition=prelim)] and “discretionary spending limit” shall mean the amounts specified in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim). (2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law. (3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be. (4) (A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B). (B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs). (C

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

2 U.S.C. § 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 increases the deficit will trigger an offsetting sequestration. **(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 direct spending programs applicable to the budget year resulting from the prior year’s sequestration under this section or [section 903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section903&num=0&edition=prelim), 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 estimates for the current year of direct spending 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: (A) *First* — All reductions in automatic spendi

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

42 U.S.C. § 1395c — Prohibition against any Federal interference

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 selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.

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

42 U.S.C. § 1395b–1 — Payments to, and coverage of benefits under, programs of all-inclusive care for elderly (PACE)

**(a) Receipt of benefits through enrollment in PACE program; definitions for PACE program related terms** (1) **Benefits through enrollment in a PACE program** — In accordance with this section, in the case of an individual who is entitled to benefits under part A or enrolled under part B and who is a PACE program eligible individual (as defined in paragraph (5)) with respect to a PACE program offered by a PACE provider under a PACE program agreement— (A) the individual may enroll in the program under this section; and (B) so long as the individual is so enrolled and in accordance with regulations— (i) the individual shall receive benefits under this subchapter solely through such program; and (ii) the PACE provider is entitled to payment under and in accordance with this section and such agreement for provision of such benefits. (2) **“PACE program” defined** — For purposes of this section, the term “PACE program” means a program of all-inclusive care for the elderly that meets the following requirements: (A) *Operation* — The entity operating the program is a PACE provider (as defined in paragraph (3)). (B) *Comprehensive benefits* — The program provides comprehensive health care services to PACE program eligible individuals in accordance with the PACE program agreement and regulations under this section. (C) *Transition* — In the case of an individual who is enrolled under the program under this section and whose enrollment ceases for any reason (including that the individual no longer qualifies as a PACE program eligible individual, the termination of a PACE program agreement, or otherwise), the program provides assistance to the individual in obtaining necessary transitional care through appropriate referrals and making the individual’s

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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

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

42 U.S.C. § 1395j — Conditions of and limitations on payment for services

**(a) Requirement of requests and certifications** Except as provided in subsections (d) and (g) and in [section 1395mm of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395mm&num=0&edition=prelim), payment for services furnished an individual may be made only to providers of services which are eligible therefor under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim) and only if— (1) written request, signed by such individual, except in cases in which the Secretary finds it impracticable for the individual to do so, is filed for such payment in such form, in such manner, and by such person or persons as the Secretary may by regulation prescribe, no later than the close of the period ending 1 calendar year after the date of service; (2) a physician, or, in the case of services described in subparagraph (B), a physician, or a nurse practitioner, a clinical nurse specialist, or a physician assistant (as those terms are defined in [section 1395x(aa)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/aa/5&num=0&edition=prelim)) who does not have a direct or indirect employment relationship with the facility but is working in collaboration with a physician,,11 So in original. or, in the case of services described in subparagraph (C), a physician, a nurse practitioner or clinical nurse specialist (as such terms are defined in [section 1395x(aa)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/aa/5&num=0&edition=prelim)) who is working in accordance with State law, or a physician assistant (as defined in [section 1395x(aa)(5) of this title](https://usc

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