[111th Congress Public Law 139]
[From the U.S. Government Printing Office]
[[Page 7]]
PUBLIC DEBT LIMIT INCREASE
[[Page 124 STAT. 8]]
Public Law 111-139
111th Congress
Joint Resolution
Increasing the statutory limit on the public debt. <<NOTE: Feb. 12,
2010 - [H.J. Res. 45]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That subsection (b) of section
3101 of title 31, United States Code, is amended by striking out the
dollar limitation contained in such subsection and inserting in lieu
thereof $14,294,000,000,000.
TITLE I <<NOTE: Statutory Pay-As-You-Go Act of 2010.>> --STATUTORY PAY-
AS-YOU-GO ACT OF 2010
SEC. 1. <<NOTE: 2 USC 931 note.>> SHORT TITLE.
This title may be cited as the ``Statutory Pay-As-You-Go Act of
2010''.
SEC. 2. <<NOTE: 2 USC 931.>> PURPOSE.
The purpose of this title is to reestablish a statutory procedure to
enforce a rule of budget neutrality on new revenue and direct spending
legislation.
SEC. 3. <<NOTE: 2 USC 932.>> DEFINITIONS AND APPLICATIONS.
As used in this title--
(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 title, except to the
extent that they are specifically modified as follows:
(A) The term ``outyear'' means a fiscal year 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 amount by
which PAYGO legislation changes outlays flowing from direct
spending or revenues relative to the baseline and shall be
[[Page 124 STAT. 9]]
determined on the basis of estimates prepared under section 4. Budgetary
effects that increase outlays flowing from direct spending or decrease
revenues are termed ``costs'' and budgetary effects that increase
revenues or decrease outlays flowing from direct spending are termed
``savings''. Budgetary effects shall not include any costs associated
with debt service.
(B) For purposes of these definitions, off-budget effects
shall not be counted as budgetary effects.
(C) Solely for purposes of recording entries on a PAYGO
scorecard, provisions in appropriation Acts are also considered
to be budgetary effects for purposes of this title 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 title.
(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 or a
PAYGO Act.
(8) The term ``timing shift'' refers to a delay of the date
on which outlays flowing from 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.
SEC. 4. <<NOTE: 2 USC 933.>> PAYGO ESTIMATES AND PAYGO SCORECARDS.
(a) PAYGO Estimates.--
(1) <<NOTE: Submissions.>> Required designation in paygo
acts.--
(A) House of representatives.--To establish the
budgetary effects of a PAYGO Act consistent with the
determination made by the Chairman of the House Budget
Committee, a PAYGO Act originated in or amended by the
House of Representatives may include the following
statement: ``The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-
Act of 2010, shall be determined by reference to the
latest statement titled `Budgetary Effects of PAYGO
Legislation' for this Act, submitted for printing in the
Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been
submitted prior to the vote on passage.''.
[[Page 124 STAT. 10]]
(B) Senate.--To establish the budgetary effects of a
PAYGO Act consistent with the determination made by the
Chairman of the Senate Budget Committee, a PAYGO Act
originated in or amended by the Senate shall include the
following statement: ``The budgetary effects of this
Act, for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled `Budgetary
Effects of PAYGO Legislation' for this Act, submitted
for printing in the Congressional Record by the Chairman
of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on
passage.''.
(C) Conference reports and amendments between the
houses.--To establish the budgetary effects of the
conference report on a PAYGO Act, or an amendment to an
amendment between Houses on a PAYGO Act, which if
estimated shall be estimated jointly by the Chairmen of
the House and Senate Budget Committees, the conference
report or amendment between the Houses shall include the
following statement: ``The budgetary effects of this
Act, for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled `Budgetary
Effects of PAYGO Legislation' for this Act, jointly
submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to
the vote on passage in the House acting first on this
conference report or amendment between the Houses.''.
(2) Determination of budgetary effects of paygo acts.--
(A) Original legislation.--
(i) Statement and estimate.--Prior to a vote
on passage of a PAYGO Act originated or amended by
one House, the Chairman of the Budget Committee of
that House may submit for printing in the
Congressional Record a statement titled
``Budgetary Effects of PAYGO Legislation'' which
shall include an estimate of the budgetary effects
of that Act, if available prior to passage of the
Act by that House and shall submit, if applicable,
an identification of any current policy
adjustments made pursuant to section 7 of this
Act. The timely submission of such a statement, in
conjunction with the appropriate designation made
pursuant to paragraph (1)(A) or (1)(B), as
applicable, shall establish the budgetary effects
of the PAYGO Act for the purposes of this Act.
(ii) Effect.--The latest statement submitted
by the Chairman of the Budget Committee of that
House prior to passage shall supersede any prior
statements submitted in the Congressional Record
and shall be valid only if the PAYGO Act is not
further amended by either House.
(iii) Failure to submit estimate.--If--
(I) the estimate required by clause
(i) has not been submitted prior to
passage by that House;
[[Page 124 STAT. 11]]
(II) such estimate has been
submitted but is no longer valid due to
a subsequent amendment to the PAYGO Act;
or
(III) the designation required
pursuant to this subsection has not been
made;
the budgetary effects of the PAYGO Act shall be
determined under subsection (d)(3), provided that
this clause shall not apply if a valid designation
is subsequently included in that PAYGO Act
pursuant to paragraph (1)(C) and a statement is
submitted pursuant to subparagraph (B).
(B) Conference reports and amendments between
houses.--
(i) In general.--Prior to the adoption of a
report of a committee of conference on a PAYGO Act
in either House, or disposition of an amendment to
an amendment between Houses on a PAYGO Act, the
Chairmen of the Budget Committees of the House and
Senate may jointly submit for printing in the
Congressional Record a statement titled
``Budgetary Effects of PAYGO Legislation'' which
shall include an estimate of the budgetary effects
of that Act if available prior to passage of the
Act by the House acting first on the legislation
and shall submit, if applicable, an identification
of any current policy adjustments made pursuant to
section 7 of this title. The timely submission of
such a statement, in conjunction with the
appropriate designation made pursuant to paragraph
(1)(C), shall establish the budgetary effects of
the PAYGO Act for the purposes of this Act.
(ii) Failure to submit estimate.--If such
estimate has not been submitted prior to the
adoption of a report of a committee of conference
by either House, or if the designation required
pursuant to this subsection has not been made, the
budgetary effects of the PAYGO Act shall be
determined under subsection (d)(3).
(3) Procedure in the senate.--In the Senate, upon submission
of a statement titled ``Budgetary Effects of PAYGO Legislation''
by the Chairman of the Senate Budget Committee for printing in
the Congressional Record, the Legislative Clerk shall read the
statement.
(4) Jurisdiction of the budget committees.--For the purposes
of enforcing section 306 of the Congressional Budget Act of
1974, a designation made pursuant to paragraph (1)(A), (1)(B),
or (1)(C), that includes only the language specifically
prescribed therein, shall not be considered a matter within the
jurisdiction of either the Senate or House Committees on the
Budget.
(b) CBO PAYGO Estimates.--
(1) In general.--
(A) Estimates.--Section 308(a) of the Congressional
Budget Act of <<NOTE: 2 USC 639.>> 1974 is amended by
adding at the end the following new paragraph:
``(3) CBO paygo estimates.--
``(A) The Chairs of the Committees on the Budget of
the House and Senate, as applicable, shall request from
[[Page 124 STAT. 12]]
the Director of the Congressional Budget Office an
estimate of the budgetary effects of PAYGO legislation.
``(B) Estimates shall be prepared using baseline
estimates supplied by the Congressional Budget Office,
consistent with section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
``(C) The Director shall not count timing shifts, as
that term is defined at section 3(8) of the Statutory
Pay-As-You-Go Act of 2010, in estimates of the budgetary
effects of PAYGO Legislation.''.
(B) Sideheading.--The side heading of section 308(a)
of the Congressional Budget Act of 1974 is amended by
striking ``Reports on''.
(2) Guidelines.--Section 308 of the Congressional Budget Act
of 1974 is amended by adding at the end the following new
subsection:
``(d) Scorekeeping Guidelines.--Estimates under this section shall
be provided in accordance with the scorekeeping guidelines determined
under section 252(d)(5) of the Balanced Budget and Emergency Deficit
Control Act of 1985.''.
(c) Current Policy Adjustments for Certain Legislation.--
(1) In general.--For any provision of legislation that meets
the criteria in subsection (c), (d), (e) or (f) of section 7,
the Chairs of the Committees on the Budget of the House and
Senate, as applicable, shall request that CBO adjust the
estimate of budgetary effects of that legislation pursuant to
paragraph (2) for the purposes of this title. A single piece of
legislation may contain provisions that meet criteria in more
than one of the subsections referred to in the preceding
sentence. CBO shall adjust estimates for legislation designated
under subsection (a) and estimated under subsection (b). OMB
shall adjust estimates for legislation estimated under
subsection (d)(3).
(2) Adjustments.--
(A) Estimates.--CBO or OMB, as applicable, shall
exclude from the estimate of budgetary effects any
budgetary effects of a provision that meets the criteria
in subsection (c), (d), (e) or (f) of section 7, to the
extent that those budgetary effects, when combined with
all other excluded budgetary effects 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.
(B) Baseline.--Any estimate made pursuant to
subparagraph (A) shall be prepared using baseline
estimates supplied by the Congressional Budget Office,
consistent with section 257 of the BBEDCA. CBO estimates
of legislation adjusted for current policy 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 subsection (c), (d), or (e) of section
7, as applicable, and in the case of paragraph (1) of
section 7(f), within any of the subparagraphs (A)
through (L) of such paragraph, as applicable.
[[Page 124 STAT. 13]]
(3) Limitation on availability of excess savings.--
(A) Prohibition on use of excess saving for
ineligible policies.--To the extent the adjustment for
current policy of any provision estimated under this
subsection exceeds the estimated budgetary effects of
that provision, these excess savings shall not be
available to offset the costs of any provisions not
otherwise eligible for a current policy adjustment under
section 7, and shall not be counted on the PAYGO
scorecards established pursuant to subsections (d)(4)
and (d)(5).
(B) Prohibition on use of excess savings across
budget areas.--For provisions eligible for a current
policy adjustment under subsections (c) through (f) of
section 7, to the extent the adjustment for current
policy of any provision exceeds the estimated budgetary
effects of that same provision, the excess savings shall
be available only to offset the costs of other
provisions that qualify for a current policy adjustment
in that same subsection. Each paragraph in section
7(f)(1) shall be considered a separate subsection for
purposes of this section.
(4) Further guidance on estimating budgetary effects.--
Estimates of budgetary effects under this subsection shall be
consistent with the guidance provided at section 7(h).
(5) Inclusion of statement.--For PAYGO legislation adjusted
pursuant to section 7, the Chairman of the House or Senate
Budget Committee, as applicable, shall include in any statement
titled ``Budgetary Effects of PAYGO Legislation'', submitted for
that legislation pursuant to section 4, an explanation of the
current policy designation and adjustments.
(d) OMB PAYGO Scorecards.--
(1) In general. <<NOTE: Public information.>> --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) Estimates in legislation.--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 pursuant to subsection
(a).
(3) OMB paygo estimates.--If a PAYGO Act does not contain a
valid reference to its budgetary effects consistent with
subsection (a), OMB shall estimate the budgetary effects of that
legislation upon its enactment. The OMB estimate shall be based
on the approaches to scorekeeping set forth in section 308 of
the Congressional Budget Act of 1974, as amended by this title,
and subsection (g)(4), and 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 of
the United States Code.
(4) 5-year scorecard.--The first scorecard shall display the
budgetary effects of PAYGO legislation in each year over the 5-
year period beginning in the budget year.
[[Page 124 STAT. 14]]
(5) 10-year scorecard.--The second scorecard shall display
the budgetary effects of PAYGO legislation in each year over the
10-year period beginning in the budget year.
(6) Community living assistance services and supports act.--
Neither scorecard maintained by OMB pursuant to this subsection
shall include net savings from any provisions of legislation
titled ``Community Living Assistance Services and Supports
Act'', which establishes a Federal insurance program for long-
term care, if such legislation is enacted into law, or amended,
subsequent to the date of enactment of this title.
(e) Look-back To Capture Current-year Effects.--For 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
Periods.--OMB 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.
(g) Emergency Legislation.--
(1) Designation in statute.--If a provision of direct
spending or revenue legislation in a PAYGO Act is enacted as an
emergency requirement that the Congress so designates in statute
pursuant to this section, the amounts of new budget authority,
outlays, and revenue in all fiscal years resulting from that
provision shall be treated as an emergency requirement for the
purposes of this Act.
(2) Designation in the house of representatives.--If a PAYGO
Act includes a provision expressly designated as an emergency
for the purposes of this title, the Chair shall put the question
of consideration with respect thereto.
(3) Point of order in the senate.--
(A) In general.--When the Senate is considering a
PAYGO Act, if a point of order is made by a Senator
against an emergency designation in that measure, that
provision making such a designation shall be stricken
from the measure and may not be offered as an amendment
from the floor.
(B) Supermajority waiver and appeals.--
(i) Waiver.--Subparagraph (A) may be waived or
suspended in the Senate only by an affirmative
vote of three-fifths of the Members, duly chosen
and sworn.
(ii) Appeals.--Appeals in the Senate from the
decisions of the Chair relating to any provision
of this subsection shall be limited to 1 hour, to
be equally divided between, and controlled by, the
appellant and the manager of the bill or joint
resolution, as the
[[Page 124 STAT. 15]]
case may be. An affirmative vote of three-fifths
of the Members of the Senate, duly chosen and
sworn, shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised
under this subsection.
(C) Definition of an emergency designation.--For
purposes of subparagraph (A), a provision shall be
considered an emergency designation if it designates any
item as an emergency requirement pursuant to this
subsection.
(D) Form of the point of order.--A point of order
under subparagraph (A) may be raised by a Senator as
provided in section 313 (e) of the Congressional Budget
Act of 1974.
(E) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a PAYGO Act, upon a
point of order being made by any Senator pursuant to
this section, and such point of order being sustained,
such material contained in such conference report shall
be deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall recede
from its amendment and concur with a further amendment,
or concur in the House amendment with a further
amendment, as the case may be, which further amendment
shall consist of only that portion of the conference
report or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall be
debatable. In any case in which such point of order is
sustained against a conference report (or Senate
amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
(4) Effect of designation on scoring.--If a provision is
designated as an emergency requirement under this Act, CBO or
OMB, as applicable, shall not include the budgetary effects of
such a provision in its estimate of the budgetary effects of
that PAYGO legislation.
SEC. 5. <<NOTE: 2 USC 934.>> ANNUAL REPORT AND SEQUESTRATION ORDER.
(a) Annual Report. <<NOTE: Public information. Federal Register,
publication.>> --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 4(g), information about
any sequestration if required by subsection (b), and other data and
explanations that enhance public understanding of this title and actions
taken under it.
(b) Sequestration Order. <<NOTE: President.>> --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 transmit the order and
the report to the House of
[[Page 124 STAT. 16]]
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.
SEC. 6. <<NOTE: 2 USC 935.>> CALCULATING A SEQUESTRATION.
(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 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.
(2) Programs and activities in unified budget only.--
Subject <<NOTE: Determination.>> to the exemptions set forth in
section 11, 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 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.
SEC. 7. <<NOTE: 2 USC 936.>> ADJUSTMENT FOR CURRENT POLICIES.
(a) Purpose.--The purpose of this section is to provide for
adjustments of estimates of budgetary effects of PAYGO legislation for
legislation affecting 4 areas of the budget--
(1) payments made under section 1848 of the Social Security
Act (referred to in this section as ``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
[[Page 124 STAT. 17]]
further amending the amendments made by EGTRRA or JGTRRA), other
than--
(A) the provisions of those 2 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); and
(D) the income tax rates on ordinary income that
apply to individuals with adjusted gross incomes greater
than $200,000 for a single filer and $250,000 for joint
filers.
(b) Duration.--This section shall remain in effect through December
31, 2011.
(c) Medicare Payments to Physicians.--
(1) Criteria.--Legislation that includes provisions amending
or superseding the system for updating payments under
subsections (d) and (f) of section 1848 of the Social Security
Act shall trigger the current policy adjustment required by this
title.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) estimated net outlays attributable to the
payment rates and related parameters in accordance with
subsections (d) and (f) of section 1848 of the Social
Security Act (as scheduled on December 31, 2009, to be
in effect); and
(B) what those net outlays would have been if--
(i) the nominal payment rates and related
parameters in effect for 2009 had been in effect
through December 31, 2014, without change; and
(ii) thereafter, the nominal payment rates and
related parameters described in subparagraph (A)
had applied and the assumption described in clause
(i) had never applied.
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) cover a time
period that ends before December 31, 2014, subject to the
maximum adjustment provided for under paragraph (2), the amount
of each current policy adjustment made pursuant to this section
shall be limited to the difference between--
(A) estimated net outlays attributable to the
payment rates and related parameters specified in that
section of the Social Security Act (as scheduled on
December 31, 2009, to be in effect for the period of
time covered by the relevant provisions of the eligible
legislation); 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, without change, for the
same period of time covered by the relevant provisions
of the eligible legislation as under subparagraph (A).
(d) Estate and Gift Tax.--
(1) Criteria.--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 title.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
[[Page 124 STAT. 18]]
(A) total revenues projected to be collected under
the Internal Revenue Code of 1986 (as scheduled on
December 31, 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 through December
31, 2011, with nominal exemption amounts indexed for
inflation after 2009 consistent with subsection (g).
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) cover a time
period that ends before December 31, 2011, subject to the
maximum adjustment provided for under paragraph (2), the amount
of each current policy adjustment made pursuant to this section
shall be limited to the difference between--
(A) total revenues projected to be collected under
the Internal Revenue Code of 1986 (as scheduled on
December 31, 2009, to be in effect for the period of
time covered by the relevant provisions of the eligible
legislation); and
(B) what those revenues would have been if the
estate and gift tax law rates, nominal exemption
amounts, and related parameters in effect for 2009, with
nominal exemption amounts indexed for inflation after
2009 consistent with subsection (g), had been in effect
for the same period of time covered by the relevant
provisions of the eligible legislation as under
subparagraph (A).
(4) Duration of policy adjustment.--Adjustments made
pursuant to this subsection are available for policies affecting
the estate and gift tax through only December 31, 2011. Any
adjustments shall include budgetary effects in all years from
these policy changes.
(e) AMT Relief.--
(1) Criteria.--Legislation that includes provisions
extending AMT relief shall trigger the current policy adjustment
required by this title.
(2) Adjustment.--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
December 31, 2009, to be in effect); and
(B) what those revenue collections would have been
if, on the date of enactment of legislation meeting the
criteria in paragraph (1), AMT law had instead been
amended by making commensurate adjustments in the
exemption amounts for joint and single filers in such a
manner that the number of taxpayers with AMT liability
or lost credits that occur as a result of the AMT would
not be estimated to exceed the number of taxpayers
affected by the AMT in tax year 2008 in any year for
which relief is provided, through December 31, 2011.
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) cover a time
period that ends before December 31, 2011, subject to the
maximum adjustment provided for under paragraph (2), the
[[Page 124 STAT. 19]]
amount of each current policy adjustment made pursuant to this
section shall be limited to the difference between--
(A) total revenues projected to be collected under
the Internal Revenue Code of 1986 (as scheduled on
December 31, 2009, to be in effect for the period of
time covered by the relevant provisions of the eligible
legislation); and
(B) what those revenues would have been if, on the
date of enactment of legislation meeting the criteria in
paragraph (1), AMT law had instead been amended by
making commensurate adjustments in the exemption amounts
for joint and single filers in such a manner that the
number of taxpayers with AMT liability or lost credits
that occur as a result of the AMT would not be estimated
to exceed the number of AMT taxpayers in tax year 2008
for the same period of time covered by the relevant
provisions of the eligible legislation as under
subparagraph (A).
(4) Duration of policy adjustment.--Adjustments made
pursuant to this subsection are available for policies affecting
the AMT through only December 31, 2011. Any adjustments shall
include budgetary effects in all years from these policy
changes.
(f) Permanent Extension of Middle-class Tax Cuts.--
(1) Criteria.--Legislation that includes provisions
extending middle-class tax cuts shall trigger the current policy
adjustment required by this title if those provisions extend 1
or more of the following provisions:
(A) The 10 percent bracket as in effect for tax year
2010, as provided for under section 101(a) of EGTRRA and
any later amendments through December 31, 2009.
(B) The child tax credit as in effect for tax year
2010, as provided for under section 201 of EGTRRA and
any later amendments through December 31, 2009.
(C) Tax benefits for married couples as in effect
for tax year 2010, as provided for under title III of
EGTRRA and any later amendments through December 31,
2009.
(D) The adoption credit as in effect in tax year
2010, as provided for under section 202 of EGTRRA and
any later amendments through December 31, 2009.
(E) The dependent care credit as in effect in tax
year 2010, as provided for under section 204 of EGTRRA
and any later amendments through December 31, 2009.
(F) The employer-provided child care credit as in
effect in tax year 2010, as provided for under section
205 of EGTRRA and any later amendments through December
31, 2009.
(G) The education tax benefits as in effect in tax
year 2010, as provided for under title IV of EGTRRA and
any later amendments through December 31, 2009.
(H) The 25 and 28 percent brackets as in effect for
tax year 2010, as provided for under section 101(a) of
EGTRRA and any later amendments through December 31,
2009.
(I) The 33 percent bracket as in effect for tax year
2010, as provided for under section 101(a) of EGTRRA and
any later amendment through December 31, 2009, affecting
taxpayers with adjusted gross income of $200,000 or less
for single filers and $250,000 or less for joint filers
[[Page 124 STAT. 20]]
in tax year 2010, with these income levels indexed for
inflation in each subsequent year consistent with
subsection (g).
(J) The rates on income derived from capital gains
and qualified dividends as in effect for tax year 2010,
as provided for under sections 301 and 302 of JGTRRA and
any later amendment through December 31, 2009, affecting
taxpayers with adjusted gross income of $200,000 or less
for single filers and $250,000 for joint filers with
these income levels indexed for inflation in each
subsequent year consistent with subsection (g).
(K) The phaseout of personal exemptions and the
overall limitation on itemized deductions as in effect
for tax year 2010, as provided for under sections 102
and 103 of EGTRRA of 2001, respectively, and any later
amendment through December 31, 2009, affecting taxpayer
with adjusted gross income of $200,000 or less for
single filers and $250,000 for joint filers, with these
income levels indexed for inflation in each subsequent
year consistent with subsection (g).
(L) The increase in the limitations on expensing
depreciable business assets for small businesses under
section 179(b) of the Internal Revenue Code of 1986 as
in effect in tax year 2010, as provided under section
202 of JGTRRA and any later amendment through December
31, 2009.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) total revenues projected to be collected and
outlays to be paid under the Internal Revenue Code of
1986 (as scheduled on December 31, 2009, to be in
effect); and
(B) what those revenue collections and outlay
payments would have been if, on the date of enactment of
legislation meeting the criteria in paragraph (1), the
provisions identified in paragraph (1) were made
permanent.
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) are not
permanent, subject to the maximum adjustment provided for under
paragraph (2), the amount of each current policy adjustment made
pursuant to this section shall be limited to the difference
between--
(A) total revenues projected to be collected and
outlays to be paid under the Internal Revenue Code of
1986 (as scheduled on December 31, 2009, to be in effect
for the period of time covered by the relevant
provisions of the eligible legislation); and
(B) what those revenue collections and outlay
payments would have been if, on the date of enactment of
legislation meeting the criteria in paragraph (1), the
provisions identified in paragraph (1) had been in
effect, without change, for the same period of time
covered by the relevant provisions of the eligible
legislation as under subparagraph (A).
(g) Indexing for Inflation.--Indexed amounts are assumed to increase
in each 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) of such section.
[[Page 124 STAT. 21]]
(h) Guidance on Estimates and Current Policy Adjustments.--
(1) Middle class tax cuts.--For purposes of estimates made
pursuant to subsection (f)--
(A) each of the income tax provisions shall be
estimated as though the AMT had remained at current law
as scheduled on December 31, 2009 to be in effect; and
(B) if more than 1 of the income tax provisions is
included in a single piece of legislation, those
provisions shall be estimated in the order in which they
appear.
(2) AMT.--For purposes of estimates made pursuant to
subsection (e), changes to the AMT shall be estimated as if, on
the date of enactment of legislation meeting the criteria in
subsection (e)(1), all of the income tax provisions identified
in subsection (f)(1) were made permanent.
SEC. 8. <<NOTE: 2 USC 937.>> APPLICATION OF BBEDCA.
For purposes of this title--
(1) notwithstanding section 275 of BBEDCA, the provisions of
sections 255, 256, 257, and 274 of BBEDCA, as amended by this
title, shall apply to the provisions of this title;
(2) references in sections 255, 256, 257, and 274 to ``this
part'' or ``this title'' shall be interpreted as applying to
this title;
(3) references in sections 255, 256, 257, and 274 of BBEDCA
to ``section 254'' shall be interpreted as referencing section 5
of this title;
(4) the reference in section 256(b) of BBEDCA to ``section
252 or 253'' shall be interpreted as referencing section 5 of
this title;
(5) the reference in section 256(d)(1) of BBEDCA to
``section 252 or 253'' shall be interpreted as referencing
section 6 of this title;
(6) the reference in section 256(d)(4) of BBEDCA to
``section 252 or 253'' shall be interpreted as referencing
section 5 of this title;
(7) section 256(k) of BBEDCA shall apply to a sequestration,
if any, under this title; and
(8) references in section 257(e) of BBEDCA to ``section 251,
252, or 253'' shall be interpreted as referencing section 4 of
this title.
SEC. 9. TECHNICAL CORRECTIONS.
(a) Section 250(c)(18) of BBEDCA <<NOTE: 2 USC 900.>> 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 <<NOTE: 2 USC 906.>> is amended by
striking ``in paragraph (5)'' and inserting ``in paragraph (6)''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Section 256(a) of BBEDCA <<NOTE: Repeal.>> 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
[[Page 124 STAT. 22]]
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 <<NOTE: Repeal.>> 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 amounts.--
To <<NOTE: Determination. Applicability.>> 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
reduction.--Reductions 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 order.--A
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
amounts.--The 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
[[Page 124 STAT. 23]]
(6) by adding after paragraph (6), as redesignated, the
following:
``(7) Exemptions from sequestration.--In 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 subsidies.--Premium and
cost-sharing subsidies under section 1860D-14 of the
Social Security Act.
``(B) Part d catastrophic subsidy.--Payments under
section 1860D-15(b) and (e)(2)(B) of the Social Security
Act.
``(C) Qualified individual (qi) premiums.--Payments
to States for coverage of Medicare cost-sharing for
certain low-income Medicare beneficiaries under section
1933 of the Social Security Act.''.
SEC. 11. EXEMPT PROGRAMS AND ACTIVITIES.
(a) Designations.--Section 255 of <<NOTE: 2 USC 905.>> 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
Credits.--Subsections (a) through (d) of section 255 of BBEDCA are
amended to read as follows:
``(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 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) Veterans Programs.--The following programs 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) Net Interest.--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 Credits.--Payments 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 Programs.--Subsections (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).
[[Page 124 STAT. 24]]
``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).
``Farm Credit Administration Operating Expenses Fund
(78-4131-0-3-351).
``Farm Credit System Insurance Corporation, Farm
Credit Insurance Fund (78-4171-0-3-351).
``Federal Deposit Insurance Corporation, Deposit
Insurance Fund (51-4596-0-4-373).
``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 Home Loan Mortgage Corporation (Freddie
Mac).
``Federal Housing Finance Agency, Administrative
Expenses (95-5532-0-2-371).
``Federal National Mortgage Corporation (Fannie
Mae).
``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).
[[Page 124 STAT. 25]]
``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).
[[Page 124 STAT. 26]]
``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).
[[Page 124 STAT. 27]]
``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).
``Geothermal resources development fund (89-0206-0-
1-271).
``Low-Rent Public Housing--Loans and Other Expenses
(86-4098-0-3-604).
[[Page 124 STAT. 28]]
``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) Low-income Programs.--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) Additional Excluded Programs.--Section 255 of <<NOTE: 2 USC
905.>> BBEDCA is amended by adding the following after subsection (h):
``(i) Economic Recovery Programs.--The following programs shall be
exempt from reduction under any order issued under this part:
``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).
``(j) Split Treatment Programs.--Each of the following programs
shall be exempt from any order under this part to the extent that the
budgetary resources of such programs are subject to obligation
limitations in appropriations bills:
``Federal-Aid Highways (69-8083-0-7-401).
``Highway Traffic Safety Grants (69-8020-0-7-401).
``Operations and Research NHTSA and National Driver Register (69-
8016-0-7-401).
``Motor Carrier Safety Operations and Programs (69-8159-0-7-401).
``Motor Carrier Safety Grants (69-8158-0-7-401).
[[Page 124 STAT. 29]]
``Formula and Bus Grants (69-8350-0-7-401).
``Grants-In-Aid for Airports (69-8106-0-7-402).''.
SEC. 12. <<NOTE: 2 USC 938.>> DETERMINATIONS AND POINTS OF ORDER.
Nothing in this title shall be construed as limiting the authority
of the chairmen of the Committees on the Budget of the House and Senate
under section 312 of the Congressional Budget Act of 1974. CBO may
consult with the Chairmen of the House and Senate Budget Committees to
resolve any ambiguities in this title.
SEC. 13. <<NOTE: 2 USC 939.>> LIMITATION ON CHANGES TO THE SOCIAL
SECURITY ACT.
(a) Limitation on Changes to the Social Security Act.--
Notwithstanding any other provision of law, it shall not be in order in
the Senate or the House of Representatives to consider any bill or
resolution pursuant to any expedited procedure to consider the
recommendations of a Task Force for Responsible Fiscal Action or other
commission that contains recommendations with respect to the old-age,
survivors, and disability insurance program established under title II
of the Social Security Act, or the taxes received under subchapter A of
chapter 9; the taxes imposed by subchapter E of chapter 1; and the taxes
collected under section 86 of part II of subchapter B of chapter 1 of
the Internal Revenue Code.
(b) Waiver.--This section may be waived or suspended in the Senate
only by the affirmative vote of three-fifths of the Members, duly chosen
and sworn.
(c) Appeals.--An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on a point of order raised
under this section.
TITLE II--ELIMINATION OF DUPLICATIVE AND WASTEFUL SPENDING
SEC. 21. <<NOTE: 31 USC 712 note.>> IDENTIFICATION, CONSOLIDATION, AND
ELIMINATION OF DUPLICATIVE GOVERNMENT PROGRAMS.
<<NOTE: Investigations. Reports. Deadline.>>