PUBLIC LAW 111–139—FEB. 12, 2010 

PUBLIC DEBT LIMIT INCREASE 


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124 STAT. 8 PUBLIC LAW 111–139—FEB. 12, 2010 

Public Law 111–139 

111th Congress 

Joint Resolution 

Increasing the statutory limit on the public debt. 

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—STATUTORY PAY-AS-YOU-GO 

ACT OF 2010 

SEC. 1. SHORT TITLE. 

This title may be cited as the ‘‘Statutory Pay-As-You-Go Act 

of 2010’’. 

SEC. 2. 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. 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 

2 USC 932. 

2 USC 931. 

2 USC 931 note. 

Statutory 

Pay-As-You-Go 

Act of 2010. 

Feb. 12, 2010 

[H.J. Res. 45] 


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PUBLIC LAW 111–139—FEB. 12, 2010 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. PAYGO ESTIMATES AND PAYGO SCORECARDS. 

(a) PAYGO ESTIMATES.— 

(1) 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.’’. 

Submissions. 

2 USC 933. 


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124 STAT. 10 PUBLIC LAW 111–139—FEB. 12, 2010 

(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-AsYou-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; 


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PUBLIC LAW 111–139—FEB. 12, 2010 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 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 

2 USC 639. 


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124 STAT. 12 PUBLIC LAW 111–139—FEB. 12, 2010 

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 PayAs-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. 


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PUBLIC LAW 111–139—FEB. 12, 2010 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.—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. 

Public 

information. 


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124 STAT. 14 PUBLIC LAW 111–139—FEB. 12, 2010 

(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 lookback 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 budgetyear 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 budgetyear 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 


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PUBLIC LAW 111–139—FEB. 12, 2010 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. ANNUAL REPORT AND SEQUESTRATION ORDER. 

(a) ANNUAL REPORT.—Not later than 14 days (excluding weekends and holidays) after Congress adjourns to end a session, OMB 

shall make publicly available and cause to be printed in the Federal 

Register an annual PAYGO report. The report shall include an 

up-to-date document containing the PAYGO scorecards, a description of any current policy adjustments made under section 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.—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 

President. 

Public 

information. 

Federal Register, 

publication. 

2 USC 934. 


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124 STAT. 16 PUBLIC LAW 111–139—FEB. 12, 2010 

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. CALCULATING A SEQUESTRATION. 

(a) REDUCING NONEXEMPT BUDGETARY RESOURCES BY A UNI- FORM 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 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. 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 

2 USC 936. 

Determination. 

2 USC 935. 


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PUBLIC LAW 111–139—FEB. 12, 2010 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— 


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124 STAT. 18 PUBLIC LAW 111–139—FEB. 12, 2010 

(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 


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PUBLIC LAW 111–139—FEB. 12, 2010 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 


anorris on DSK5R6SHH1 with PUBLIC LAWS
124 STAT. 20 PUBLIC LAW 111–139—FEB. 12, 2010 

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. 


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PUBLIC LAW 111–139—FEB. 12, 2010 124 STAT. 21 

(h) GUIDANCE ON ESTIMATES AND CURRENT POLICY ADJUST- MENTS.— 

(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. 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 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)’’. 

SEC. 10. CONFORMING AMENDMENTS. 

(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 

Repeal. 

2 USC 906. 

2 USC 900. 

2 USC 937. 


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124 STAT. 22 PUBLIC LAW 111–139—FEB. 12, 2010 

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 AMOUNTS.— 

To 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 oneyear 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 

Determination. 

Applicability. 

Repeal. 


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PUBLIC LAW 111–139—FEB. 12, 2010 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 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). 

2 USC 905. 


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124 STAT. 24 PUBLIC LAW 111–139—FEB. 12, 2010 

‘‘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). 


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PUBLIC LAW 111–139—FEB. 12, 2010 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). 


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124 STAT. 26 PUBLIC LAW 111–139—FEB. 12, 2010 

‘‘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). 


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PUBLIC LAW 111–139—FEB. 12, 2010 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). 


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124 STAT. 28 PUBLIC LAW 111–139—FEB. 12, 2010 

‘‘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 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). 

2 USC 905. 


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PUBLIC LAW 111–139—FEB. 12, 2010 124 STAT. 29 

‘‘Formula and Bus Grants (69–8350–0–7–401). 

‘‘Grants-In-Aid for Airports (69–8106–0–7–402).’’. 

SEC. 12. 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. 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. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 

DUPLICATIVE GOVERNMENT PROGRAMS. 

The Comptroller General of the Government Accountability 

Office shall conduct routine investigations to identify programs, 

agencies, offices, and initiatives with duplicative goals and activities 

within Departments and governmentwide and report annually to 

Congress on the findings, including the cost of such duplication 

Investigations. 

Reports. 

Deadline. 

31 USC 712 note. 

2 USC 939. 

2 USC 938. 


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124 STAT. 30 PUBLIC LAW 111–139—FEB. 12, 2010 

LEGISLATIVE HISTORY—H.J. Res. 45: 

CONGRESSIONAL RECORD: 

Vol. 155 (2009): Apr. 29, considered and passed House pursuant to 

S. Con. Res. 13. 

Vol. 156 (2010): Jan. 20–22, 25, 26, 28, considered and passed Senate, 

amended. 

Feb. 4, House concurred in Senate amendment. 

Æ 

and with recommendations for consolidation and elimination to 

reduce duplication identifying specific rescissions. 

Approved February 12, 2010. 


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