1.Short title; table of contents
(a)This Act may be cited as the
Statutory Pay-As-You-Go Act of
2009
.
(b)The table of contents for this Act is as
follows:
Sec. 1. Short title;
table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. PAYGO
estimates and PAYGO scorecards.
Sec. 5. Annual report
and sequestration order.
Sec. 6. Calculating a
sequestration.
Sec. 7. Current
policy adjustment to the CBO estimates.
Sec. 8. Application
of BBEDCA.
Sec. 9. Technical
corrections.
Sec. 10. Conforming
amendments.
Sec. 11. Exempt
programs and activities.
2.The purpose of this Act is to reestablish a
statutory procedure to enforce a rule of budget neutrality on new revenue and
direct spending legislation.
3.As used in this Act—
(1)The term BBEDCA
means the
Balanced Budget and Emergency Deficit Control Act of 1985.
(2)The definitions set forth in section 3 of
the Congressional Budget and Impoundment Control Act of 1974 and in section 250
of BBEDCA shall apply to this Act, except to the extent that they are
specifically modified as follows:
(A)The term outyear
means a
fiscal year that occurs one or more years after the budget year.
(B)In section 250(c)(8)(C), the reference to
the food stamp program shall be deemed to be a reference to the Supplemental
Nutrition Assistance Program.
(3)The term AMT
means the
Alternative Minimum Tax for individuals under sections 55–59 of the Internal
Revenue Code of 1986, the term EGTRRA
means the Economic Growth
and Tax Relief Reconciliation Act of 2001 (Public Law
107–16), and the term JGTRRA
means the Jobs and
Growth Tax Relief and Reconciliation Act of 2003 (Public Law
108–27).
(4)(A)The term budgetary effects
means the amounts by which PAYGO legislation changes direct spending or
revenues relative to the baseline and shall be determined on the basis of
estimates included by reference in the PAYGO Act or prepared under section
4(d)(3), as applicable. Budgetary effects that increase direct spending or
decrease revenues are termed costs
and budgetary effects that
increase revenues or decrease direct spending are termed
savings
.
(B)For purposes of these definitions,
off-budget effects shall be counted as budgetary effects unless such changes
flow directly from amendments to title II of the Social Security Act and
related provisions of the Internal Revenue Code of 1986 and debt service
effects shall not be counted as budgetary effects.
(C)Solely for purposes of recording entries on
a PAYGO scorecard, provisions in appropriations Acts are also considered to be
budgetary effects for purposes of this Act if such provisions make outyear
modifications to substantive law, except that provisions for which the outlay
effects net to zero over a period consisting of the current year, the budget
year, and the 4 subsequent years shall not be considered budgetary effects. For
purposes of this paragraph, the term, modifications to substantive
law
refers to changes to or restrictions on entitlement law or other
mandatory spending contained in appropriations Acts, notwithstanding section
250(c)(8) of BBEDCA. Provisions in appropriations Acts that are neither outyear
modifications to substantive law nor changes in revenues have no budgetary
effects for purposes of this Act.
(D)If a provision is designated as an
emergency requirement under this Act and is also designated as an emergency
requirement under the applicable rules of the House of Representatives, CBO
shall not include the cost of such a provision in its estimate of the PAYGO
legislation’s budgetary effects.
(5)The term debit
refers to the
net total amount, when positive, by which costs recorded on the PAYGO
scorecards for a fiscal year exceed savings recorded on those scorecards for
that year.
(6)The term entitlement law
refers to a section of law which provides entitlement authority.
(7)The term PAYGO legislation
or a PAYGO Act
refers to a bill or joint resolution that affects
direct spending or revenue relative to the baseline. The budgetary effects of
changes in revenues and outyear modifications to substantive law included in
appropriation Acts as defined in paragraph (4) shall be treated as if they were
contained in PAYGO legislation.
(8)The term timing shift
refers
to a delay of the date on which direct spending would otherwise occur from the
ninth outyear to the tenth outyear or an acceleration of the date on which
revenues would otherwise occur from the tenth outyear to the ninth
outyear.
4.PAYGO estimates and PAYGO
scorecards
(a)(1)A PAYGO Act shall include by reference an
estimate of its budgetary effects as determined under section 308(a)(3) of the
Congressional Budget Act of 1974, if timely submitted for printing in the
Congressional Record by the chairs of the Committees on the Budget of the House
of Representatives and the Senate, as applicable, before the vote on the PAYGO
legislation. The Clerk of the House or the Secretary of the Senate, as
applicable, shall also incorporate by reference such estimate printed in the
relevant portion of the Congressional Record under section 308(a)(3) of the
Congressional Budget Act of 1974 into the enrollment of a PAYGO Act. Budgetary
effects that are not so included shall be determined under section
4(d)(3).
(2)(A)Section 308(a) of the Congressional Budget
Act of 1974 is amended by adding at the end the following new paragraph:
(3)Before a vote in either House on a PAYGO
Act that, if determined in the affirmative, would clear such Act for
enrollment, the chairs of the Committees on the Budget of the House and Senate,
as applicable, shall request from the Director of the Congressional Budget
Office an estimate of the budgetary effects of such Act under the Statutory
Pay-As-You-Go Act of 2009. If such an estimate is timely provided, the chairs
of the Committees on the Budget of the House of Representatives and the Senate
shall post such estimate on their respective committee websites and cause it to
be printed in the Congressional Record under the heading PAYGO
ESTIMATE
. For purposes of this section, the Director of the
Congressional Budget Office shall not count timing shifts in his estimates of
the budgetary effects of PAYGO legislation (as defined in section 3 of the
Statutory Pay-As-You-Go Act of
2009).
.
(B)The side heading of section 308(a) of the
Congressional Budget Act of 1974 is amended by striking Reports on
.
(b)Section 308 of the Congressional Budget Act
of 1974 is amended by adding at the end the following new subsection:
(d)The Director of the Congressional Budget
Office shall provide estimates under this section in accordance with the
scorekeeping guidelines determined under section 252(d)(5) of the Balanced
Budget and Emergency Deficit Control Act of 1985. Upon agreement, the chairs of
the Committees on the Budget of the House of Representatives and the Senate
shall submit updates to such guidelines for printing in the Congressional
Record.
.
(c)Current policy adjustments for certain
legislationFor purposes of
calculating budgetary effects under this Act, CBO shall adjust its estimates as
described below for any provision of legislation designated as meeting the
criteria in subsection (b), (c), or (d) of section 7 and which the chairman of
the Committee on the Budget of the House of Representatives or the Senate, as
applicable, designates as meeting those criteria. A single piece of legislation
may contain provisions designated as meeting criteria in more than one of the
subsections listed above. For appropriately designated provisions, CBO shall
exclude from its estimates for purposes of this Act any costs of a provision to
the extent that those costs, when combined with all other excluded costs of any
other previously designated provisions of enacted legislation under the same
subsection of section 7, do not exceed the maximum applicable current policy
adjustment defined under the applicable subsection of section 7 for the
applicable 10-year period, using the most recent baseline estimates supplied by
the Congressional Budget Office consistent with section 257 of the Balanced
Budget and Emergency Deficit Control Act of 1985 used in considering a
concurrent resolution on the budget; or, after the beginning of a new calendar
year and before consideration of a concurrent resolution on the budget, using
the most recent baseline estimates supplied by the Congressional Budget Office
consistent with section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985. CBO estimates of legislation containing a current policy
designation under this subsection shall include a separate presentation of
costs excluded from the calculation of budgetary effects for the legislation,
as well as an updated total of all excluded costs of provisions within the same
subsection of section 7.
(d)
(1)OMB shall maintain and make publicly
available a continuously updated document containing two PAYGO scorecards
displaying the budgetary effects of PAYGO legislation as determined under
section 308 of the Congressional Budget Act of 1974, applying the look-back
requirement in subsection (e) and the averaging requirement in subsection (f),
and a separate addendum displaying the estimates of the costs of provisions
designated in statute as emergency requirements.
(2)Except as provided in paragraph (3), in
making the calculations for the PAYGO scorecards, OMB shall use the budgetary
effects included by reference in the applicable legislation.
(3)If legislation does not contain the
estimate of budgetary effects under paragraph (2), then OMB shall score the
budgetary effects of that legislation upon its enactment, based on the
approaches to scorekeeping set forth in this Act.
(4)The first scorecard shall display the
budgetary effects of PAYGO legislation in each year over the 5-year period
beginning in the budget year.
(5)The second scorecard shall display the
budgetary effects of PAYGO legislation in each year over the 10-year period
beginning in the budget year.
(e)Look-back to capture current-year
effectsFor purposes of this
section, OMB shall treat the budgetary effects of PAYGO legislation enacted
during a session of Congress that occur during the current year as though they
occurred in the budget year.
(f)Averaging used to measure compliance over
5-year and 10-year periodsOMB shall cumulate the budgetary effects of
a PAYGO Act over the budget year (which includes any look-back effects under
subsection (e)) and—
(1)for purposes of the 5-year scorecard
referred to in subsection (d)(4), the four subsequent outyears, divide that
cumulative total by five, and enter the quotient in the budget-year column and
in each subsequent column of the 5-year PAYGO scorecard; and
(2)for purposes of the 10-year scorecard
referred to in subsection (d)(5), the nine subsequent outyears, divide that
cumulative total by ten, and enter the quotient in the budget-year column and
in each subsequent column of the 10-year PAYGO scorecard.
5.Annual report and sequestration
order
(a)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
4(c), information about emergency legislation (if any) designated under section
3(4)(D), information about any sequestration if required by subsection (b), and
other data and explanations that enhance public understanding of this Act and
actions taken under it.
(b)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 6. If there is a debit on both scorecards, the
order shall fully offset the larger of the two debits. OMB shall include that
order in the annual report and transmit it 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 sequestration, the amount of
budgetary resources to be sequestered, and the outlay reductions that will
occur in the budget year and the subsequent fiscal year because of that
sequestration.
6.Calculating a sequestration
(a)Reducing nonexempt budgetary resources by a
uniform percentageOMB 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 256(d) of BBEDCA 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.
(b)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 256(j) of BBEDCA,
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 256(d) of BBEDCA, 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.
7.Current policy adjustment to the CBO
estimates
(a)The purpose of this section is to provide
for adjustments of estimates of budgetary effects of PAYGO legislation for
legislation affecting four areas of the budget—
(1)payments made under section 1848 of the
Social Security Act (titled Payment for Physicians’ Services);
(2)the Estate and Gift Tax under subtitle B of
the Internal Revenue Code of 1986;
(3)the AMT; and
(4)provisions of EGTRRA or JGTRRA that amended
the Internal Revenue Code of 1986 (or provisions in later statutes further
amending the amendments made by EGTRRA or JGTRRA), other than—
(A)the provisions of those two Acts that were
made permanent by the Pension Protection Act of 2006 (Public Law
109–280);
(B)amendments to the estate and gift tax
referred to in paragraph (2);
(C)the AMT referred to in paragraph
(3);
(D)the 35 percent bracket and that portion of
the 33 percent bracket that applies to taxable income greater than $200,000 for
an individual and $250,000 for a couple; and
(E)provisions in those two Acts relating to
taxes rates on capital gains and dividends.
(b)Medicare Payments to Physicians
(1)Legislation that includes provisions
amending or superseding the system of payments under section 1848 of the Social
Security Act shall trigger the current policy adjustment required by this
Act.
(2)The amount of the maximum current policy
adjustment shall be the difference between—
(A)estimated net outlays attributable to the
payments made to physicians under that section of the Social Security Act (as
scheduled on July 15, 2009, to be in effect); and
(B)what those net outlays would have been if
the nominal payment rates and related parameters in effect for 2009 had been in
effect thereafter without change.
(c)
(1)Legislation that includes provisions
amending the Estate and Gift Tax under subtitle B of the Internal Revenue Code
of 1986 shall trigger the current policy adjustment required by this
Act.
(2)The amount of the maximum current policy
adjustment shall be the difference between—
(A)total revenues projected to be collected
under the Internal Revenue Code of 1986 (as scheduled on July 15, 2009, to be
in effect); and
(B)what those revenue collections would have
been if, on the date of enactment of the legislation meeting the criteria in
paragraph (1), estate and gift tax law had instead been amended so that the tax
rates, nominal exemption amounts, and related parameters in effect for tax year
2009 had remained in effect thereafter without change.
(d)Permanent Extension of Middle-Class Tax
Cuts and AMT Relief
(1)Legislation that includes provisions
extending middle-class tax cuts or AMT relief shall trigger the current policy
adjustment required by this Act if those provisions extend one or more of the
following provisions—
(A)AMT relief for calendar year 2010 and
subsequent years in such a manner that the number of AMT taxpayers is not
estimated to exceed the number of AMT taxpayers in tax year 2008 in any year
through the tenth year after enactment;
(B)the 10 percent bracket as in effect for tax
year 2010, as provided for under section 101(a) of the Economic Growth and Tax
Relief Reconciliation Act of 2001 and any later amendments through July 15,
2009;
(C)the child tax credit as in effect for tax
year 2010, as provided for under section 201 of the Economic Growth and Tax
Relief Reconciliation Act and any later amendments through July 15,
2009;
(D)tax benefits for married couples as in
effect for tax year 2010, as provided for under title III of the Economic
Growth and Tax Relief Reconciliation Act and any later amendments through July
15, 2009;
(E)the adoption credit as in effect in tax
year 2010, as provided for under section 202 of the Economic Growth and Tax
Relief Reconciliation Act of 2001 and any later amendments through July 15,
2009;
(F)the dependent care credit as in effect in
tax year 2010, as provided for under section 204 of the Economic Growth and Tax
Relief Reconciliation Act of 2001 and any later amendments through July 15,
2009;
(G)the employer-provided child care credit as
in effect in tax year 2010, as provided for under section 205 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 and any later amendments
through July 15, 2009;
(H)the education tax benefits as in effect in
tax year 2010, as provided for under title IV of the Economic Growth and Tax
Relief Reconciliation Act of 2001 and any later amendments through July 15,
2009;
(I)the 25 and 28 percent brackets as in effect
for tax year 2010, as provided for under section 101(a) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 and any later amendments through July
15, 2009; and
(J)the 33 percent brackets as in effect for
tax year 2010, as provided for under section 101(a) of the Economic Growth and
Tax Relief Reconciliation Act of 2001 and any later amendment affecting
taxpayers with taxable income of $200,000 or less for individuals and $250,000
or less for couples in calendar year 2010 and increased in each subsequent year
by an amount equal to the cost of living adjustment determined under
section
1(f)(3) of the Internal Revenue Code of 1986 for the calendar
year in which the taxable year begins, determined by substituting
calendar year 2008
for calendar year 1992
in
subparagraph (B) thereof.
(2)The amount of the maximum current policy
adjustment shall be the difference between what total revenues would have been
under the Internal Revenue Code of 1986 (as scheduled on July 15, 2009, to be
in effect) and what revenues would be if legislation—
(A)permanently extending the AMT exemption and
brackets in effect in tax year 2009 but increased in tax year 2010 and each
subsequent tax year as indicated under subsection (d)(2)(B), along with any
additional amount necessary to prevent the number of taxpayers who must pay AMT
from increasing; and
(B)permanently extending the provisions
identified in paragraph (1),
were enacted on the same day as the
legislation referred to in paragraph (1).8.For purposes of this Act—
(1)notwithstanding section 275 of BBEDCA, the
provisions of sections 255, 256, 257, and 274 of BBEDCA, as amended by this
Act, shall apply to the provisions of this Act;
(2)references in sections 255, 256, 257, and
274 to this part
or this title
shall be
interpreted as applying to this Act;
(3)references in sections 255, 256, 257, and
274 of BBEDCA to section 254
shall be interpreted as referencing
section 5 of this Act;
(4)the reference in section 256(b) of BBEDCA
to section 252 or 253
shall be interpreted as referencing
section 5 of this Act;
(5)the reference in section 256(d)(1) of
BBEDCA to section 252 or 253
shall be interpreted as referencing
section 6 of this Act;
(6)the reference in section 256(d)(4) of
BBEDCA to section 252 or 253
shall be interpreted as referencing
section 5 of this Act;
(7)section 256(k) of BBEDCA shall apply to a
sequestration, if any, under this Act; and
(8)references in section 257(e) of BBEDCA to
section 251, 252, or 253
shall be interpreted as referencing
section 4 of this Act.
9.
(a)Section 250(c)(18) of BBEDCA is amended by
striking the expenses the Federal deposit insurance agencies
and
inserting the expenses of the Federal deposit insurance
agencies
.
(b)Section 256(k)(1) of BBEDCA is amended by
striking in paragraph (5)
and inserting in paragraph
(6)
.
10.
(a)Section 256(a) of BBEDCA is
repealed.
(b)Section 256(b) of BBEDCA is amended by
striking origination fees under sections 438(c)(2) and 455(c) of that
Act shall each be increased by 0.50 percentage point.
and inserting in
lieu thereof origination fees under sections 438(c)(2) and (6) and
455(c) and loan processing and issuance fees under section 428(f)(1)(A)(ii) of
that Act shall each be increased by the uniform percentage specified in that
sequestration order, and, for student loans originated during the period of the
sequestration, special allowance payments under section 438(b) of that Act
accruing during the period of the sequestration shall be reduced by the uniform
percentage specified in that sequestration order.
.
(c)Section 256(c) of BBEDCA is
repealed.
(d)Section 256(d) of BBEDCA is amended—
(1)by redesignating paragraphs (2), (3), and
(4) as paragraphs (3), (5), and (6);
(2)by amending paragraph (1) to read as
follows:
(1)Calculation of reduction in payment
amountsTo achieve the total
percentage reduction in those programs required by section 252 or 253, subject
to paragraph (2), and notwithstanding section 710 of the Social Security Act,
OMB shall determine, and the applicable Presidential order under section 254
shall implement, the percentage reduction that shall apply, with respect to the
health insurance programs under title XVIII of the Social Security Act—
(A)in the case of parts A and B of such title,
to individual payments for services furnished during the one-year period
beginning on the first day of the first month beginning after the date the
order is issued (or, if later, the date specified in paragraph (4)); and
(B)in the case of parts C and D, to monthly
payments under contracts under such parts for the same one-year period;
such that the reduction made in
payments under that order shall achieve the required total percentage reduction
in those payments for that
period.;
(3)by inserting after paragraph (1) the
following:
(2)Uniform reduction rate; maximum permissible
reductionReductions in
payments for programs and activities under such title XVIII pursuant to a
sequestration order under section 254 shall be at a uniform rate, which shall
not exceed 4 percent, across all such programs and activities subject to such
order.
;
(4)by inserting after paragraph (3), as
redesignated, the following:
(4)Timing of subsequent sequestration
orderA sequestration order
required by section 252 or 253 with respect to programs under such title XVIII
shall not take effect until the first month beginning after the end of the
effective period of any prior sequestration order with respect to such
programs, as determined in accordance with paragraph
(1).
;
(5)in paragraph (6), as redesignated, to read
as follows:
(6)Sequestration disregarded in computing
payment amountsThe Secretary
of Health and Human Services shall not take into account any reductions in
payment amounts which have been or may be effected under this part, for
purposes of computing any adjustments to payment rates under such title XVIII,
specifically including—
(A)the part C growth percentage under section
1853(c)(6);
(B)the part D annual growth rate under section
1860D–2(b)(6); and
(C)application of risk corridors to part D
payment rates under section
1860D–15(e).
;
and
(6)by adding after paragraph (6), as
redesignated, the following:
(7)Exemptions from sequestrationIn addition to the programs and activities
specified in section 255, the following shall be exempt from sequestration
under this part:
(A)Part d low-income subsidiesPremium and cost-sharing subsidies under
section 1860D–14 of the Social Security Act.
(B)Part d catastrophic subsidyPayments under section 1860D–15(b) and
(e)(2)(B) of the Social Security Act.
(C)Qualified individual (QI)
premiumsPayments to States
for coverage of Medicare cost-sharing for certain low-income Medicare
beneficiaries under section 1933 of the Social Security
Act.
.
11.Exempt programs and activities
(a)Section 255 of BBEDCA is amended by
redesignating subsection (i) as (j) and striking 1998
and
inserting in lieu thereof 2010
.
(b)Social security, veterans programs, net
interest, and tax creditsSubsections (a) through (d) of section 255
of BBEDCA are amended to read as follows:
(a)Social security benefits and tier I
railroad retirement benefitsBenefits payable under the old-age,
survivors, and disability insurance program established under title II of the
Social Security Act (42 U.S.C. 401 et seq.), and benefits
payable under section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45
United States Code, shall be exempt from reduction under any order issued under
this part.
(b)The following program shall be exempt from
reduction under any order issued under this part—
All programs administered by the Department of
Veterans Affairs.
Special Benefits for Certain World War II Veterans
(28–0401–0–1–701).
(c)No reduction of payments for net interest
(all of major functional category 900) shall be made under any order issued
under this part.
(d)Refundable income tax creditsPayments to individuals made pursuant to
provisions of the Internal Revenue Code of 1986 establishing refundable tax
credits shall be exempt from reduction under any order issued under this
part.
.
(c)Other programs and activities, low-income
programs, and economic recovery programsSubsections (g) and (h) of section 255 of
BBEDCA are amended to read as follows:
(g)Other programs and activities
(1)(A)The following budget accounts and
activities shall be exempt from reduction under any order issued under this
part:
Activities resulting from private donations,
bequests, or voluntary contributions to the Government.
Activities financed by voluntary payments to the
Government for goods or services to be provided for such
payments.
Administration of Territories, Northern Mariana
Islands Covenant grants (14–0412–0–1–808).
Advances to the Unemployment Trust Fund and Other
Funds (16–0327–0–1–600).
Black Lung Disability Trust Fund Refinancing
(16–0329–0–1–601).
Bonneville Power Administration Fund and borrowing
authority established pursuant to section 13 of
Public Law
93–454 (1974), as amended (89–4045–0–3–271).
Claims, Judgments, and Relief Acts
(20–1895–0–1–808).
Compact of Free Association
(14–0415–0–1–808).
Compensation of the President
(11–0209–01–1–802).
Comptroller of the Currency, Assessment Funds
(20–8413–0–8–373).
Continuing Fund, Southeastern Power Administration
(89–5653–0–2–271).
Continuing Fund, Southwestern Power Administration
(89–5649–0–2–271).
Dual Benefits Payments Account
(60–0111–0–1–601).
Emergency Fund, Western Area Power Administration
(89–5069–0–2–271).
Exchange Stabilization Fund
(20–4444–0–3–155).
Federal Deposit Insurance Corporation, Deposit
Insurance Fund (51–4596–4–4–373).
Federal Deposit Insurance Corporation, FSLIC
Resolution Fund (51–4065–0–3–373).
Federal Deposit Insurance Corporation, Noninterest
Bearing Transaction Account Guarantee (51–4458–0–3–373).
Federal Deposit Insurance Corporation, Senior
Unsecured Debt Guarantee (51–4457–0–3–373).
Federal Housing Finance Agency, Administrative
Expenses (95–5532–0–2–371).
Federal Payment to the District of Columbia Judicial
Retirement and Survivors Annuity Fund (20–1713–0–1–752).
Federal Payment to the District of Columbia Pension
Fund (20–1714–0–1–601).
Federal Payments to the Railroad Retirement Accounts
(60–0113–0–1–601).
Federal Reserve Bank Reimbursement Fund
(20–1884–0–1–803).
Financial Agent Services
(20–1802–0–1–803).
Foreign Military Sales Trust Fund
(11–8242–0–7–155).
Hazardous Waste Management, Conservation Reserve
Program (12–4336–0–3–999).
Host Nation Support Fund for Relocation
(97–8337–0–7–051).
Internal Revenue Collections for Puerto Rico
(20–5737–0–2–806).
Intragovernmental funds, including those from which
the outlays are derived primarily from resources paid in from other government
accounts, except to the extent such funds are augmented by direct
appropriations for the fiscal year during which an order is in
effect.
Medical Facilities Guarantee and Loan Fund
(75–9931–0–3–551).
National Credit Union Administration, Central
Liquidity Facility (25–4470–0–3–373).
National Credit Union Administration, Corporate
Credit Union Share Guarantee Program (25–4476–0–3–376).
National Credit Union Administration, Credit Union
Homeowners Affordability Relief Program (25–4473–0–3–371).
National Credit Union Administration, Credit Union
Share Insurance Fund (25–4468–0–3–373).
National Credit Union Administration, Credit Union
System Investment Program (25–4474–0–3–376).
National Credit Union Administration, Operating fund
(25–4056–0–3–373).
National Credit Union Administration, Share
Insurance Fund Corporate Debt Guarantee Program
(25–4469–0–3–376).
National Credit Union Administration, U.S. Central
Federal Credit Union Capital Program (25–4475–0–3–376).
Office of Thrift Supervision
(20–4108–0–3–373).
Panama Canal Commission Compensation Fund
(16–5155–0–2–602).
Payment of Vietnam and USS Pueblo prisoner-of-war
claims within the Salaries and Expenses, Foreign Claims Settlement account
(15–0100–0–1–153).
Payment to Civil Service Retirement and Disability
Fund (24–0200–0–1–805).
Payment to Department of Defense Medicare-Eligible
Retiree Health Care Fund (97–0850–0–1–054).
Payment to Judiciary Trust Funds
(10–0941–0–1–752).
Payment to Military Retirement Fund
(97–0040–0–1–054).
Payment to the Foreign Service Retirement and
Disability Fund (19–0540–0–1–153).
Payments to Copyright Owners
(03–5175–0–2–376).
Payments to Health Care Trust Funds
(75–0580–0–1–571).
Payment to Radiation Exposure Compensation Trust
Fund (15–0333–0–1–054).
Payments to Social Security Trust Funds
(28–0404–0–1–651).
Payments to the United States Territories, Fiscal
Assistance (14–0418–0–1–806).
Payments to trust funds from excise taxes or other
receipts properly creditable to such trust funds.
Payments to widows and heirs of deceased Members of
Congress (00–0215–0–1–801).
Postal Service Fund
(18–4020–0–3–372).
Radiation Exposure Compensation Trust Fund
(15–8116–0–1–054).
Reimbursement to Federal Reserve Banks
(20–0562–0–1–803).
Salaries of Article III judges.
Soldiers and Airmen’s Home, payment of claims
(84–8930–0–7–705).
Tennessee Valley Authority Fund, except nonpower
programs and activities (64–4110–0–3–999).
Tribal and Indian trust accounts within the
Department of the Interior which fund prior legal obligations of the Government
or which are established pursuant to Acts of Congress regarding Federal
management of tribal real property or other fiduciary responsibilities,
including but not limited to Tribal Special Fund (14–5265–0–2–452), Tribal
Trust Fund (14–8030–0–7–452), White Earth Settlement (14–2204–0–1–452), and
Indian Water Rights and Habitat Acquisition
(14–5505–0–2–303).
United Mine Workers of America 1992 Benefit Plan
(95–8260–0–7–551).
United Mine Workers of America 1993 Benefit Plan
(95–8535–0–7–551).
United Mine Workers of America Combined Benefit Fund
(95–8295–0–7–551).
United States Enrichment Corporation Fund
(95–4054–0–3–271).
Universal Service Fund
(27–5183–0–2–376).
Vaccine Injury Compensation
(75–0320–0–1–551).
Vaccine Injury Compensation Program Trust Fund
(20–8175–0–7–551).
(B)The following Federal retirement and
disability accounts and activities shall be exempt from reduction under any
order issued under this part:
Black Lung Disability Trust Fund
(20–8144–0–7–601).
Central Intelligence Agency Retirement and
Disability System Fund (56–3400–0–1–054).
Civil Service Retirement and Disability Fund
(24–8135–0–7–602).
Comptrollers general retirement system
(05–0107–0–1–801).
Contributions to U.S. Park Police annuity benefits,
Other Permanent Appropriations (14–9924–0–2–303).
Court of Appeals for Veterans Claims Retirement Fund
(95–8290–0–7–705).
Department of Defense Medicare-Eligible Retiree
Health Care Fund (97–5472–0–2–551).
District of Columbia Federal Pension Fund
(20–5511–0–2–601).
District of Columbia Judicial Retirement and
Survivors Annuity Fund (20–8212–0–7–602).
Energy Employees Occupational Illness Compensation
Fund (16–1523–0–1–053).
Foreign National Employees Separation Pay
(97–8165–0–7–051).
Foreign Service National Defined Contributions
Retirement Fund (19–5497–0–2–602).
Foreign Service National Separation Liability Trust
Fund (19–8340–0–7–602).
Foreign Service Retirement and Disability
Fund(19–8186–0–7–602).
Government Payment for Annuitants, Employees Health
Benefits (24–0206–0–1–551).
Government Payment for Annuitants, Employee Life
Insurance (24–0500–0–1–602).
Judicial Officers’ Retirement Fund
(10–8122–0–7–602).
Judicial Survivors’ Annuities Fund
(10–8110–0–7–602).
Military Retirement Fund
(97–8097–0–7–602).
National Railroad Retirement Investment Trust
(60–8118–0–7–601).
National Oceanic and Atmospheric Administration
retirement (13–1450–0–1–306).
Pensions for former Presidents
(47–0105–0–1–802).
Postal Service Retiree Health Benefits Fund
(24–5391–0–2–551).
Public Safety Officer Benefits
(15–0403–0–1–754).
Rail Industry Pension Fund
(60–8011–0–7–601).
Retired Pay, Coast Guard
(70–0602–0–1–403).
Retirement Pay and Medical Benefits for Commissioned
Officers, Public Health Service (75–0379–0–1–551).
Special Benefits for Disabled Coal Miners
(16–0169–0–1–601).
Special Benefits, Federal Employees’ Compensation
Act (16–1521–0–1–600).
Special Workers Compensation Expenses
(16–9971–0–7–601).
Tax Court Judges Survivors Annuity Fund
(23–8115–0–7–602).
United States Court of Federal Claims Judges’
Retirement Fund (10–8124–0–7–602).
United States Secret Service, DC Annuity
(70–0400–0–1–751).
Voluntary Separation Incentive Fund
(97–8335–0–7–051).
(2)Prior legal obligations of the Government
in the following budget accounts and activities shall be exempt from any order
issued under this part:
Biomass Energy Development
(20–0114–0–1–271).
Check Forgery Insurance Fund
(20–4109–0–3–803).
Credit liquidating accounts.
Credit reestimates.
Employees Life Insurance Fund (24–8424–0–8–602).
Federal Aviation Insurance Revolving Fund
(69–4120–0–3–402).
Federal Crop Insurance Corporation Fund
(12–4085–0–3–351).
Federal Emergency Management Agency, National Flood
Insurance Fund (58–4236–0–3–453).
Federal Home Loan Mortgage Corporation (Freddie
Mac).
Federal National Mortgage Corporation (Fannie
Mae).
Geothermal resources development fund
(89–0206–0–1–271).
Low-Rent Public Housing—Loans and Other Expenses
(86–4098–0–3–604).
Maritime Administration, War Risk Insurance
Revolving Fund (69–4302–0–3–403).
Natural Resource Damage Assessment Fund
(14–1618–0–1–302).
Overseas Private Investment Corporation, Noncredit
Account (71–4184–0–3–151).
Pension Benefit Guaranty Corporation Fund
(16–4204–0–3–601).
San Joaquin Restoration Fund
(14–5537–0–2–301).
Servicemembers’ Group Life Insurance Fund
(36–4009–0–3–701).
Terrorism Insurance Program
(20–0123–0–1–376).
(h)The following programs shall be exempt from
reduction under any order issued under this part:
Academic Competitiveness/Smart Grant Program
(91–0205–0–1–502).
Child Care Entitlement to States
(75–1550–0–1–609).
Child Enrollment Contingency Fund
(75–5551–0–2–551).
Child Nutrition Programs (with the exception of
special milk programs) (12–3539–0–1–605).
Children’s Health Insurance Fund (75–0515–0–1–551).
Commodity Supplemental Food Program
(12–3507–0–1–605).
Contingency Fund (75–1522–0–1–609).
Family Support Programs (75–1501–0–1–609).
Federal Pell Grants under section 401 Title IV of
the Higher Education Act.
Grants to States for Medicaid
(75–0512–0–1–551).
Payments for Foster Care and Permanency
(75–1545–0–1–609).
Supplemental Nutrition Assistance Program
(12–3505–0–1–605).
Supplemental Security Income Program
(28–0406–0–1–609).
Temporary Assistance for Needy Families
(75–1552–0–1–609).
.
(d)Economic recovery programsSection 255 of BBEDCA is amended by adding
the following after subsection (h):
(i)Economic recovery programsThe following programs shall be exempt from
reduction under any order issued under this part:
All programs enacted in, or increases in programs
provided by, the American Recovery and Reinvestment Act of
2009.
Exchange Stabilization Fund-Money Market Mutual Fund
Guaranty Facility (20–4274–0–3–376).
Financial Stabilization Reserve (20–0131–4–1–376).
GSE Mortgage-Backed Securities Purchase Program
Account (20–0126–0–1–371).
GSE Preferred Stock Purchase Agreements
(20–0125–0–1–371).
Office of Financial Stability
(20–0128–0–1–376).
Special Inspector General for the Troubled Asset
Relief Program (20–0133–0–1–376).
Troubled Asset Relief Program Account
(20–0132–0–1–376).
Troubled Asset Relief Program Equity Purchase
Program (20–0134–0–1–376).
Troubled Asset Relief Program, Home Affordable
Modification Program
(20–0136–0–1–604).
.
Passed the House of
Representatives July 22, 2009.
Lorraine C. Miller,
Clerk.