II 

111TH CONGRESS 

1ST SESSION S. 1600 

To reinstitute and update the Pay-As-You-Go requirement of budget neutrality on new tax and mandatory spending legislation, enforced by the 

threat of annual, automatic sequestration. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2009 

Mrs. MCCASKILL (for herself, Mr. BENNET, Mr. TESTER, Mr. UDALL of Colorado, Mr. WARNER, Ms. KLOBUCHAR, Mr. BEGICH, and Mrs. SHAHEEN) 

introduced the following bill; which was read twice and referred to the 

Committee on the Budget 

A BILL 

To reinstitute and update the Pay-As-You-Go requirement 

of budget neutrality on new tax and mandatory spending 

legislation, enforced by the threat of annual, automatic 

sequestration. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Statutory Pay-As-You-Go Act of 2009’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Definitions. 

Sec. 4. PAYGO estimates and PAYGO scorecards. 

Sec. 5. Annual report and sequestration order. 

Sec. 6. Calculating a sequestration. 

Sec. 7. Application of BBEDCA. 

Sec. 8. Technical corrections. 

Sec. 9. Conforming amendments. 

Sec. 10. Exempt programs and activities. 

1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to reestablish a statutory 

3 procedure to enforce a rule of budget neutrality on new 

4 revenue and direct spending legislation. 

5 SEC. 3. DEFINITIONS. 

6 As used in this Act— 

7 (1) The term ‘‘BBEDCA’’ means the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 (2) The definitions set forth in section 3 of the 

10 Congressional Budget and Impoundment Control 

11 Act of 1974 and in section 250 of BBEDCA shall 

12 apply to this Act, except to the extent that they are 

13 specifically modified as follows: 

14 (A) The term ‘‘outyear’’ means a fiscal 

15 year that occurs one or more years after the 

16 budget year. 

17 (B) In section 250(c)(8)(C), the reference 

18 to the food stamp program shall be deemed to 

19 be a reference to the Supplemental Nutrition 

20 Assistance Program. 


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1 (3)(A) The term ‘‘budgetary effects’’ means the 

2 amounts by which PAYGO legislation changes direct 

3 spending or revenues relative to the baseline and 

4 shall be determined on the basis of estimates in5 cluded by reference in the PAYGO Act or prepared 

6 under section 4(d)(3), as applicable. Budgetary ef7 fects that increase direct spending or decrease reve8 nues are termed ‘‘costs’’ and budgetary effects that 

9 increase revenues or decrease direct spending are 

10 termed ‘‘savings’’. 

11 (B) For purposes of these definitions, off-budg12 et effects shall be counted as budgetary effects un13 less such changes flow directly from amendments to 

14 title II of the Social Security Act and related provi15 sions of the Internal Revenue Code of 1986 and debt 

16 service effects shall not be counted as budgetary ef17 fects. 

18 (C) Solely for purposes of recording entries on 

19 a PAYGO scorecard, provisions in appropriations 

20 Acts are also considered to be budgetary effects for 

21 purposes of this Act if such provisions make outyear 

22 modifications to substantive law, except that provi23 sions for which the outlay effects net to zero over a 

24 period consisting of the current year, the budget 

25 year, and the 4 subsequent years shall not be considVerDate Nov 24 2008 02:54 Aug 08, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1600.IS S1600

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1 ered budgetary effects. For purposes of this para2 graph, the term, ‘‘modifications to substantive law’’ 

3 refers to changes to or restrictions on entitlement 

4 law or other mandatory spending contained in ap5 propriations Acts, notwithstanding section 250(c)(8) 

6 of BBEDCA. Provisions in appropriations Acts that 

7 are neither outyear modifications to substantive law 

8 nor changes in revenues have no budgetary effects 

9 for purposes of this Act. 

10 (D) If a provision is designated as an emer11 gency requirement under this Act and is also des12 ignated as an emergency requirement under the ap13 plicable rules of the House of Representatives, CBO 

14 shall not include the cost of such a provision in its 

15 estimate of the PAYGO legislation’s budgetary ef16 fects. 

17 (4) The term ‘‘debit’’ refers to the net total 

18 amount, when positive, by which costs recorded on 

19 the PAYGO scorecards for a fiscal year exceed sav20 ings recorded on those scorecards for that year. 

21 (5) The term ‘‘entitlement law’’ refers to a sec22 tion of law which provides entitlement authority. 

23 (6) The term ‘‘PAYGO legislation’’ or a 

24 ‘‘PAYGO Act’’ refers to a bill or joint resolution 

25 that affects direct spending or revenue relative to 


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1 the baseline. The budgetary effects of changes in 

2 revenues and outyear modifications to substantive 

3 law included in appropriation Acts as defined in 

4 paragraph (4) shall be treated as if they were con5 tained in PAYGO legislation. 

6 (7) The term ‘‘timing shift’’ refers to a delay of 

7 the date on which direct spending would otherwise 

8 occur from the ninth outyear to the tenth outyear or 

9 an acceleration of the date on which revenues would 

10 otherwise occur from the tenth outyear to the ninth 

11 outyear. 

12 SEC. 4. PAYGO ESTIMATES AND PAYGO SCORECARDS. 

13 (a) PAYGO ESTIMATES.—(1) A PAYGO Act shall in14 clude by reference an estimate of its budgetary effects as 

15 determined under section 308(a)(3) of the Congressional 

16 Budget Act of 1974, if timely submitted for printing in 

17 the Congressional Record by the chairs of the Committees 

18 on the Budget of the House of Representatives and the 

19 Senate, as applicable, before the vote on the PAYGO legis20 lation. The Clerk of the House or the Secretary of the 

21 Senate, as applicable, shall also incorporate by reference 

22 such estimate printed in the relevant portion of the Con23 gressional Record under section 308(a)(3) of the Congres24 sional Budget Act of 1974 into the enrollment of a 


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1 PAYGO Act. Budgetary effects that are not so included 

2 shall be determined under section 4(d)(3). 

3 (2)(A) Section 308(a) of the Congressional Budget 

4 Act of 1974 is amended by adding at the end the following 

5 new paragraph: 

6 ‘‘(3) CBO PAYGO ESTIMATES.—Before a vote in 

7 either House on a PAYGO Act that, if determined 

8 in the affirmative, would clear such Act for enroll9 ment, the chairs of the Committees on the Budget 

10 of the House and Senate, as applicable, shall request 

11 from the Director of the Congressional Budget Of12 fice an estimate of the budgetary effects of such Act 

13 under the Statutory Pay-As-You-Go Act of 2009. If 

14 such an estimate is timely provided, the chairs of the 

15 Committees on the Budget of the House of Rep16 resentatives and the Senate shall post such estimate 

17 on their respective committee websites and cause it 

18 to be printed in the Congressional Record under the 

19 heading ‘PAYGO ESTIMATE’. For purposes of this 

20 section, the Director of the Congressional Budget 

21 Office shall not count timing shifts in his estimates 

22 of the budgetary effects of PAYGO legislation (as 

23 defined in section 3 of the Statutory Pay-As-You-Go 

24 Act of 2009).’’. 


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1 (B) The side heading of section 308(a) of the Con2 gressional Budget Act of 1974 is amended by striking 

3 ‘‘REPORTS ON’’. 

4 (b) Section 308 of the Congressional Budget Act of 

5 1974 is amended by adding at the end the following new 

6 subsection: 

7 ‘‘(d) SCOREKEEPING GUIDELINES.—The Director of 

8 the Congressional Budget Office shall provide estimates 

9 under this section in accordance with the scorekeeping 

10 guidelines determined under section 252(d)(5) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 Upon agreement, the chairs of the Committees on the 

13 Budget of the House of Representatives and the Senate 

14 shall submit updates to such guidelines for printing in the 

15 Congressional Record.’’. 

16 (c) OMB PAYGO SCORECARDS.— 

17 (1) IN GENERAL.—OMB shall maintain and 

18 make publicly available a continuously updated docu19 ment containing two PAYGO scorecards displaying 

20 the budgetary effects of PAYGO legislation as deter21 mined under section 308 of the Congressional Budg22 et Act of 1974, applying the look-back requirement 

23 in subsection (e) and the averaging requirement in 

24 subsection (f), and a separate addendum displaying 


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1 the estimates of the costs of provisions designated in 

2 statute as emergency requirements. 

3 (2) ESTIMATES IN LEGISLATION.—Except as 

4 provided in paragraph (3), in making the calcula5 tions for the PAYGO scorecards, OMB shall use the 

6 budgetary effects included by reference in the appli7 cable legislation. 

8 (3) OMB ESTIMATES.—If legislation does not 

9 contain the estimate of budgetary effects under 

10 paragraph (2), then OMB shall score the budgetary 

11 effects of that legislation upon its enactment, based 

12 on the approaches to scorekeeping set forth in this 

13 Act. 

14 (4) 5-YEAR SCORECARD.—The first scorecard 

15 shall display the budgetary effects of PAYGO legis16 lation in each year over the 5-year period beginning 

17 in the budget year. 

18 (5) 10-YEAR SCORECARD.—The second score19 card shall display the budgetary effects of PAYGO 

20 legislation in each year over the 10-year period be21 ginning in the budget year. 

22 (d) LOOK-BACK TO CAPTURE CURRENT-YEAR EF23 FECTS.—For purposes of this section, OMB shall treat the 

24 budgetary effects of PAYGO legislation enacted during a 


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1 session of Congress that occur during the current year as 

2 though they occurred in the budget year. 

3 (e) AVERAGING USED TO MEASURE COMPLIANCE

4 OVER 5-YEAR AND 10-YEAR PERIODS.—OMB shall cu5 mulate the budgetary effects of a PAYGO Act over the 

6 budget year (which includes any look-back effects under 

7 subsection (d)) and— 

8 (1) for purposes of the 5-year scorecard re9 ferred to in subsection (c)(4), the four subsequent 

10 outyears, divide that cumulative total by five, and 

11 enter the quotient in the budget-year column and in 

12 each subsequent column of the 5-year PAYGO score13 card; and 

14 (2) for purposes of the 10-year scorecard re15 ferred to in subsection (c)(5), the nine subsequent 

16 outyears, divide that cumulative total by ten, and 

17 enter the quotient in the budget-year column and in 

18 each subsequent column of the 10-year PAYGO 

19 scorecard. 

20 SEC. 5. ANNUAL REPORT AND SEQUESTRATION ORDER. 

21 (a) ANNUAL REPORT.—Not later than 14 days (ex22 cluding weekends and holidays) after Congress adjourns 

23 to end a session, OMB shall make publicly available and 

24 cause to be printed in the Federal Register an annual 

25 PAYGO report. The report shall include an up-to-date 


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1 document containing the PAYGO scorecards, information 

2 about emergency legislation (if any) designated under sec3 tion 3(4)(D), information about any sequestration if re4 quired by subsection (b), and other data and explanations 

5 that enhance public understanding of this Act and actions 

6 taken under it. 

7 (b) SEQUESTRATION ORDER.—If the annual report 

8 issued at the end of a session of Congress under sub9 section (a) shows a debit on either PAYGO scorecard for 

10 the budget year, OMB shall prepare and the President 

11 shall issue and include in that report a sequestration order 

12 that, upon issuance, shall reduce budgetary resources of 

13 direct spending programs by enough to offset that debit 

14 as prescribed in section 6. If there is a debit on both score15 cards, the order shall fully offset the larger of the two 

16 debits. OMB shall include that order in the annual report 

17 and transmit it to the House of Representatives and the 

18 Senate. If the President issues a sequestration order, the 

19 annual report shall contain, for each budget account to 

20 be sequestered, estimates of the baseline level of budgetary 

21 resources subject to sequestration, the amount of budg22 etary resources to be sequestered, and the outlay reduc23 tions that will occur in the budget year and the subsequent 

24 fiscal year because of that sequestration. 


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1 SEC. 6. CALCULATING A SEQUESTRATION. 

2 (a) REDUCING NONEXEMPT BUDGETARY RE3 SOURCES BY A UNIFORM PERCENTAGE.—OMB shall cal4 culate the uniform percentage by which the budgetary re5 sources of nonexempt direct spending programs are to be 

6 sequestered such that the outlay savings resulting from 

7 that sequestration, as calculated under subsection (b), 

8 shall offset the budget-year debit, if any on the applicable 

9 PAYGO scorecard. If the uniform percentage calculated 

10 under the prior sentence exceeds 4 percent, the Medicare 

11 programs described in section 256(d) of BBEDCA shall 

12 be reduced by 4 percent and the uniform percentage by 

13 which the budgetary resources of all other nonexempt di14 rect spending programs are to be sequestered shall be in15 creased, as necessary, so that the sequestration of Medi16 care and of all other nonexempt direct spending programs 

17 together produce the required outlay savings. 

18 (b) OUTLAY SAVINGS.—In determining the amount 

19 by which a sequestration offsets a budget-year debit, OMB 

20 shall count— 

21 (1) the amount by which the sequestration in a 

22 crop year of crop support payments, pursuant to 

23 section 256(j) of BBEDCA, reduces outlays in the 

24 budget year and the subsequent fiscal year; 

25 (2) the amount by which the sequestration of 

26 Medicare payments in the 12-month period following 


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1 the sequestration order, pursuant to section 256(d) 

2 of BBEDCA, reduces outlays in the budget year and 

3 the subsequent fiscal year; and 

4 (3) the amount by which the sequestration in 

5 the budget year of the budgetary resources of other 

6 nonexempt mandatory programs reduces outlays in 

7 the budget year and in the subsequent fiscal year. 

8 SEC. 7. APPLICATION OF BBEDCA. 

9 For purposes of this Act— 

10 (1) notwithstanding section 275 of BBEDCA, 

11 the provisions of sections 255, 256, 257, and 274 of 

12 BBEDCA, as amended by this Act, shall apply to 

13 the provisions of this Act; 

14 (2) references in sections 255, 256, 257, and 

15 274 to ‘‘this part’’ or ‘‘this title’’ shall be interpreted 

16 as applying to this Act; 

17 (3) references in sections 255, 256, 257, and 

18 274 of BBEDCA to ‘‘section 254’’ shall be inter19 preted as referencing section 5 of this Act; 

20 (4) the reference in section 256(b) of BBEDCA 

21 to ‘‘section 252 or 253’’ shall be interpreted as ref22 erencing section 5 of this Act; 

23 (5) the reference in section 256(d)(1) of 

24 BBEDCA to ‘‘section 252 or 253’’ shall be inter25 preted as referencing section 6 of this Act; 


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1 (6) the reference in section 256(d)(4) of 

2 BBEDCA to ‘‘section 252 or 253’’ shall be inter3 preted as referencing section 5 of this Act; 

4 (7) section 256(k) of BBEDCA shall apply to 

5 a sequestration, if any, under this Act; and 

6 (8) references in section 257(e) of BBEDCA to 

7 ‘‘section 251, 252, or 253’’ shall be interpreted as 

8 referencing section 4 of this Act. 

9 SEC. 8. TECHNICAL CORRECTIONS. 

10 (a) Section 250(c)(18) of BBEDCA is amended by 

11 striking ‘‘the expenses the Federal deposit insurance agen12 cies’’ and inserting ‘‘the expenses of the Federal deposit 

13 insurance agencies’’. 

14 (b) Section 256(k)(1) of BBEDCA is amended by 

15 striking ‘‘in paragraph (5)’’ and inserting ‘‘in paragraph 

16 (6)’’. 

17 SEC. 9. CONFORMING AMENDMENTS. 

18 (a) Section 256(a) of BBEDCA is repealed. 

19 (b) Section 256(b) of BBEDCA is amended by strik20 ing ‘‘origination fees under sections 438(c)(2) and 455(c) 

21 of that Act shall each be increased by 0.50 percentage 

22 point.’’ and inserting in lieu thereof ‘‘origination fees 

23 under sections 438(c) (2) and (6) and 455(c) and loan 

24 processing and issuance fees under section 

25 428(f)(1)(A)(ii) of that Act shall each be increased by the 


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1 uniform percentage specified in that sequestration order, 

2 and, for student loans originated during the period of the 

3 sequestration, special allowance payments under section 

4 438(b) of that Act accruing during the period of the se5 questration shall be reduced by the uniform percentage 

6 specified in that sequestration order.’’. 

7 (c) Section 256(c) of BBEDCA is repealed. 

8 (d) Section 256(d) of BBEDCA is amended— 

9 (1) by redesignating paragraphs (2), (3), and 

10 (4) as paragraphs (3), (5), and (6); 

11 (2) by amending paragraph (1) to read as fol12 lows: 

13 ‘‘(1) CALCULATION OF REDUCTION IN PAYMENT

14 AMOUNTS.—To achieve the total percentage reduc15 tion in those programs required by section 252 or 

16 253, subject to paragraph (2), and notwithstanding 

17 section 710 of the Social Security Act, OMB shall 

18 determine, and the applicable Presidential order 

19 under section 254 shall implement, the percentage 

20 reduction that shall apply, with respect to the health 

21 insurance programs under title XVIII of the Social 

22 Security Act— 

23 ‘‘(A) in the case of parts A and B of such 

24 title, to individual payments for services fur25 nished during the one-year period beginning on 


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1 the first day of the first month beginning after 

2 the date the order is issued (or, if later, the 

3 date specified in paragraph (4)); and 

4 ‘‘(B) in the case of parts C and D, to 

5 monthly payments under contracts under such 

6 parts for the same one-year period; 

7 such that the reduction made in payments under 

8 that order shall achieve the required total percentage 

9 reduction in those payments for that period.’’; 

10 (3) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) UNIFORM REDUCTION RATE; MAXIMUM

13 PERMISSIBLE REDUCTION.—Reductions in payments 

14 for programs and activities under such title XVIII 

15 pursuant to a sequestration order under section 254 

16 shall be at a uniform rate, which shall not exceed 4 

17 percent, across all such programs and activities sub18 ject to such order.’’; 

19 (4) by inserting after paragraph (3), as redesig20 nated, the following: 

21 ‘‘(4) TIMING OF SUBSEQUENT SEQUESTRATION

22 ORDER.—A sequestration order required by section 

23 252 or 253 with respect to programs under such 

24 title XVIII shall not take effect until the first month 

25 beginning after the end of the effective period of any 


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1 prior sequestration order with respect to such pro2 grams, as determined in accordance with paragraph 

3 (1).’’; 

4 (5) in paragraph (6), as redesignated, to read 

5 as follows: 

6 ‘‘(6) SEQUESTRATION DISREGARDED IN COM7 PUTING PAYMENT AMOUNTS.—The Secretary of 

8 Health and Human Services shall not take into ac9 count any reductions in payment amounts which 

10 have been or may be effected under this part, for 

11 purposes of computing any adjustments to payment 

12 rates under such title XVIII, specifically including— 

13 ‘‘(A) the part C growth percentage under 

14 section 1853(c)(6); 

15 ‘‘(B) the part D annual growth rate under 

16 section 1860D–2(b)(6); and 

17 ‘‘(C) application of risk corridors to part D 

18 payment rates under section 1860D–15(e).’’; 

19 and 

20 (6) by adding after paragraph (6), as redesig21 nated, the following: 

22 ‘‘(7) EXEMPTIONS FROM SEQUESTRATION.—In 

23 addition to the programs and activities specified in 

24 section 255, the following shall be exempt from se25 questration under this part: 


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1 ‘‘(A) PART D LOW-INCOME SUBSIDIES.— 

2 Premium and cost-sharing subsidies under sec3 tion 1860D–14 of the Social Security Act. 

4 ‘‘(B) PART D CATASTROPHIC SUBSIDY.— 

5 Payments under section 1860D–15(b) and 

6 (e)(2)(B) of the Social Security Act. 

7 ‘‘(C) QUALIFIED INDIVIDUAL (QI) PRE8 MIUMS.—Payments to States for coverage of 

9 Medicare cost-sharing for certain low-income 

10 Medicare beneficiaries under section 1933 of 

11 the Social Security Act.’’. 

12 SEC. 10. EXEMPT PROGRAMS AND ACTIVITIES. 

13 (a) DESIGNATIONS.—Section 255 of BBEDCA is 

14 amended by redesignating subsection (i) as (j) and strik15 ing ‘‘1998’’ and inserting in lieu thereof ‘‘2010’’. 

16 (b) SOCIAL SECURITY, VETERANS PROGRAMS, NET

17 INTEREST, AND TAX CREDITS.—Subsections (a) through 

18 (d) of section 255 of BBEDCA are amended to read as 

19 follows: 

20 ‘‘(a) SOCIAL SECURITY BENEFITS AND TIER I RAIL21 ROAD RETIREMENT BENEFITS.—Benefits payable under 

22 the old-age, survivors, and disability insurance program 

23 established under title II of the Social Security Act (42 

24 U.S.C. 401 et seq.), and benefits payable under section 

25 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45 


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1 United States Code, shall be exempt from reduction under 

2 any order issued under this part. 

3 ‘‘(b) VETERANS PROGRAMS.—The following program 

4 shall be exempt from reduction under any order issued 

5 under this part— 

6 ‘‘All programs administered by the Department 

7 of Veterans Affairs. 

8 ‘‘Special Benefits for Certain World War II 

9 Veterans (28–0401–0–1–701). 

10 ‘‘(c) NET INTEREST.—No reduction of payments for 

11 net interest (all of major functional category 900) shall 

12 be made under any order issued under this part. 

13 ‘‘(d) REFUNDABLE INCOME TAX CREDITS.—Pay14 ments to individuals made pursuant to provisions of the 

15 Internal Revenue Code of 1986 establishing refundable 

16 tax credits shall be exempt from reduction under any order 

17 issued under this part.’’. 

18 (c) OTHER PROGRAMS AND ACTIVITIES, LOW-IN19 COME PROGRAMS, AND ECONOMIC RECOVERY PRO20 GRAMS.—Subsections (g) and (h) of section 255 of 

21 BBEDCA are amended to read as follows: 

22 ‘‘(g) OTHER PROGRAMS AND ACTIVITIES.— 

23 ‘‘(1)(A) The following budget accounts and ac24 tivities shall be exempt from reduction under any 

25 order issued under this part: 


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1 ‘‘Activities resulting from private dona2 tions, bequests, or voluntary contributions to 

3 the Government. 

4 ‘‘Activities financed by voluntary payments 

5 to the Government for goods or services to be 

6 provided for such payments. 

7 ‘‘Administration of Territories, Northern 

8 Mariana Islands Covenant grants (14–0412–0– 

9 1–808). 

10 ‘‘Advances to the Unemployment Trust 

11 Fund and Other Funds (16–0327–0–1–600). 

12 ‘‘Black Lung Disability Trust Fund Refi13 nancing (16–0329–0–1–601). 

14 ‘‘Bonneville Power Administration Fund 

15 and borrowing authority established pursuant 

16 to section 13 of Public Law 93–454 (1974), as 

17 amended (89–4045–0–3–271). 

18 ‘‘Claims, Judgments, and Relief Acts (20– 

19 1895–0–1–808). 

20 ‘‘Compact of Free Association (14–0415– 

21 0–1–808). 

22 ‘‘Compensation of the President (11– 

23 0209–01–1–802). 

24 ‘‘Comptroller of the Currency, Assessment 

25 Funds (20–8413–0–8–373). 


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1 ‘‘Continuing Fund, Southeastern Power 

2 Administration (89–5653–0–2–271). 

3 ‘‘Continuing Fund, Southwestern Power 

4 Administration (89–5649–0–2–271). 

5 ‘‘Dual Benefits Payments Account (60– 

6 0111–0–1–601). 

7 ‘‘Emergency Fund, Western Area Power 

8 Administration (89–5069–0–2–271). 

9 ‘‘Exchange Stabilization Fund (20–4444– 

10 0–3–155). 

11 ‘‘Federal Deposit Insurance Corporation, 

12 Deposit Insurance Fund (51–4596–4–4–373). 

13 ‘‘Federal Deposit Insurance Corporation, 

14 FSLIC Resolution Fund (51–4065–0–3–373). 

15 ‘‘Federal Deposit Insurance Corporation, 

16 Noninterest Bearing Transaction Account 

17 Guarantee (51–4458–0–3–373). 

18 ‘‘Federal Deposit Insurance Corporation, 

19 Senior Unsecured Debt Guarantee (51–4457– 

20 0–3–373). 

21 ‘‘Federal Housing Finance Agency, Admin22 istrative Expenses (95–5532–0–2–371). 

23 ‘‘Federal Payment to the District of Co24 lumbia Judicial Retirement and Survivors An25 nuity Fund (20–1713–0–1–752). 


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1 ‘‘Federal Payment to the District of Co2 lumbia Pension Fund (20–1714–0–1–601). 

3 ‘‘Federal Payments to the Railroad Retire4 ment Accounts (60–0113–0–1–601). 

5 ‘‘Federal Reserve Bank Reimbursement 

6 Fund (20–1884–0–1–803). 

7 ‘‘Financial Agent Services (20–1802–0–1– 

8 803). 

9 ‘‘Foreign Military Sales Trust Fund (11– 

10 8242–0–7–155). 

11 ‘‘Hazardous Waste Management, Con12 servation Reserve Program (12–4336–0–3– 

13 999). 

14 ‘‘Host Nation Support Fund for Relocation 

15 (97–8337–0–7–051). 

16 ‘‘Internal Revenue Collections for Puerto 

17 Rico (20–5737–0–2–806). 

18 ‘‘Intragovernmental funds, including those 

19 from which the outlays are derived primarily 

20 from resources paid in from other government 

21 accounts, except to the extent such funds are 

22 augmented by direct appropriations for the fis23 cal year during which an order is in effect. 

24 ‘‘Medical Facilities Guarantee and Loan 

25 Fund (75–9931–0–3–551). 


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1 ‘‘National Credit Union Administration, 

2 Central Liquidity Facility (25–4470–0–3–373). 

3 ‘‘National Credit Union Administration, 

4 Corporate Credit Union Share Guarantee Pro5 gram (25–4476–0–3–376). 

6 ‘‘National Credit Union Administration, 

7 Credit Union Homeowners Affordability Relief 

8 Program (25–4473–0–3–371). 

9 ‘‘National Credit Union Administration, 

10 Credit Union Share Insurance Fund (25–4468– 

11 0–3–373). 

12 ‘‘National Credit Union Administration, 

13 Credit Union System Investment Program (25– 

14 4474–0–3–376). 

15 ‘‘National Credit Union Administration, 

16 Operating fund (25–4056–0–3–373). 

17 ‘‘National Credit Union Administration, 

18 Share Insurance Fund Corporate Debt Guar19 antee Program (25–4469–0–3–376). 

20 ‘‘National Credit Union Administration, 

21 U.S. Central Federal Credit Union Capital Pro22 gram (25–4475–0–3–376). 

23 ‘‘Office of Thrift Supervision (20–4108–0– 

24 3–373). 


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1 ‘‘Panama Canal Commission Compensation 

2 Fund (16–5155–0–2–602). 

3 ‘‘Payment of Vietnam and USS Pueblo 

4 prisoner-of-war claims within the Salaries and 

5 Expenses, Foreign Claims Settlement account 

6 (15–0100–0–1–153). 

7 ‘‘Payment to Civil Service Retirement and 

8 Disability Fund (24–0200–0–1–805). 

9 ‘‘Payment to Department of Defense Medi10 care-Eligible Retiree Health Care Fund (97– 

11 0850–0–1–054). 

12 ‘‘Payment to Judiciary Trust Funds (10– 

13 0941–0–1–752). 

14 ‘‘Payment to Military Retirement Fund 

15 (97–0040–0–1–054). 

16 ‘‘Payment to the Foreign Service Retire17 ment and Disability Fund (19–0540–0–1–153). 

18 ‘‘Payments to Copyright Owners (03– 

19 5175–0–2–376). 

20 ‘‘Payments to Health Care Trust Funds 

21 (75–0580–0–1–571). 

22 ‘‘Payment to Radiation Exposure Com23 pensation Trust Fund (15–0333–0–1–054). 

24 ‘‘Payments to Social Security Trust Funds 

25 (28–0404–0–1–651). 


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•S 1600 IS

1 ‘‘Payments to the United States Terri2 tories, Fiscal Assistance (14–0418–0–1–806). 

3 ‘‘Payments to trust funds from excise 

4 taxes or other receipts properly creditable to 

5 such trust funds. 

6 ‘‘Payments to widows and heirs of de7 ceased Members of Congress (00–0215–0–1– 

8 801). 

9 ‘‘Postal Service Fund (18–4020–0–3–372). 

10 ‘‘Radiation Exposure Compensation Trust 

11 Fund (15–8116–0–1–054). 

12 ‘‘Reimbursement to Federal Reserve Banks 

13 (20–0562–0–1–803). 

14 ‘‘Salaries of Article III judges. 

15 ‘‘Soldiers and Airmen’s Home, payment of 

16 claims (84–8930–0–7–705). 

17 ‘‘Tennessee Valley Authority Fund, except 

18 nonpower programs and activities (64–4110–0– 

19 3–999). 

20 ‘‘Tribal and Indian trust accounts within 

21 the Department of the Interior which fund 

22 prior legal obligations of the Government or 

23 which are established pursuant to Acts of Con24 gress regarding Federal management of tribal 

25 real property or other fiduciary responsibilities, 


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•S 1600 IS

1 including but not limited to Tribal Special 

2 Fund (14–5265–0–2–452), Tribal Trust Fund 

3 (14–8030–0–7–452), White Earth Settlement 

4 (14–2204–0–1–452), and Indian Water Rights 

5 and Habitat Acquisition (14–5505–0–2–303). 

6 ‘‘United Mine Workers of America 1992 

7 Benefit Plan (95–8260–0–7–551). 

8 ‘‘United Mine Workers of America 1993 

9 Benefit Plan (95–8535–0–7–551). 

10 ‘‘United Mine Workers of America Com11 bined Benefit Fund (95–8295–0–7–551). 

12 ‘‘United States Enrichment Corporation 

13 Fund (95–4054–0–3–271). 

14 ‘‘Universal Service Fund (27–5183–0–2– 

15 376). 

16 ‘‘Vaccine Injury Compensation (75–0320– 

17 0–1–551). 

18 ‘‘Vaccine Injury Compensation Program 

19 Trust Fund (20–8175–0–7–551). 

20 ‘‘(B) The following Federal retirement and dis21 ability accounts and activities shall be exempt from 

22 reduction under any order issued under this part: 

23 ‘‘Black Lung Disability Trust Fund (20– 

24 8144–0–7–601). 


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•S 1600 IS

1 ‘‘Central Intelligence Agency Retirement 

2 and Disability System Fund (56–3400–0–1– 

3 054). 

4 ‘‘Civil Service Retirement and Disability 

5 Fund (24–8135–0–7–602). 

6 ‘‘Comptrollers general retirement system 

7 (05–0107–0–1–801). 

8 ‘‘Contributions to U.S. Park Police annu9 ity benefits, Other Permanent Appropriations 

10 (14–9924–0–2–303). 

11 ‘‘Court of Appeals for Veterans Claims Re12 tirement Fund (95–8290–0–7–705). 

13 ‘‘Department of Defense Medicare-Eligible 

14 Retiree Health Care Fund (97–5472–0–2–551). 

15 ‘‘District of Columbia Federal Pension 

16 Fund (20–5511–0–2–601). 

17 ‘‘District of Columbia Judicial Retirement 

18 and Survivors Annuity Fund (20–8212–0–7– 

19 602). 

20 ‘‘Energy Employees Occupational Illness 

21 Compensation Fund (16–1523–0–1–053). 

22 ‘‘Foreign National Employees Separation 

23 Pay (97–8165–0–7–051). 


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•S 1600 IS

1 ‘‘Foreign Service National Defined Con2 tributions Retirement Fund (19–5497–0–2– 

3 602). 

4 ‘‘Foreign Service National Separation Li5 ability Trust Fund (19–8340–0–7–602). 

6 ‘‘Foreign Service Retirement and Dis7 ability Fund (19–8186–0–7–602). 

8 ‘‘Government Payment for Annuitants, 

9 Employees Health Benefits (24–0206–0–1– 

10 551). 

11 ‘‘Government Payment for Annuitants, 

12 Employee Life Insurance (24–0500–0–1–602). 

13 ‘‘Judicial Officers’ Retirement Fund (10– 

14 8122–0–7–602). 

15 ‘‘Judicial Survivors’ Annuities Fund (10– 

16 8110–0–7–602). 

17 ‘‘Military Retirement Fund (97–8097–0– 

18 7–602). 

19 ‘‘National Railroad Retirement Investment 

20 Trust (60–8118–0–7–601). 

21 ‘‘National Oceanic and Atmospheric Ad22 ministration retirement (13–1450–0–1–306). 

23 ‘‘Pensions for former Presidents (47– 

24 0105–0–1–802). 


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•S 1600 IS

1 ‘‘Postal Service Retiree Health Benefits 

2 Fund (24–5391–0–2–551). 

3 ‘‘Public Safety Officer Benefits (15–0403– 

4 0–1–754). 

5 ‘‘Rail Industry Pension Fund (60–8011– 

6 0–7–601). 

7 ‘‘Retired Pay, Coast Guard (70–0602–0– 

8 1–403). 

9 ‘‘Retirement Pay and Medical Benefits for 

10 Commissioned Officers, Public Health Service 

11 (75–0379–0–1–551). 

12 ‘‘Special Benefits for Disabled Coal Miners 

13 (16–0169–0–1–601). 

14 ‘‘Special Benefits, Federal Employees’ 

15 Compensation Act (16–1521–0–1–600). 

16 ‘‘Special Workers Compensation Expenses 

17 (16–9971–0–7–601). 

18 ‘‘Tax Court Judges Survivors Annuity 

19 Fund (23–8115–0–7–602). 

20 ‘‘United States Court of Federal Claims 

21 Judges’ Retirement Fund (10–8124–0–7–602). 

22 ‘‘United States Secret Service, DC Annuity 

23 (70–0400–0–1–751). 

24 ‘‘Voluntary Separation Incentive Fund 

25 (97–8335–0–7–051). 


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•S 1600 IS

1 ‘‘(2) Prior legal obligations of the Government 

2 in the following budget accounts and activities shall 

3 be exempt from any order issued under this part: 

4 ‘‘Biomass Energy Development (20–0114– 

5 0–1–271). 

6 ‘‘Check Forgery Insurance Fund (20– 

7 4109–0–3–803). 

8 ‘‘Credit liquidating accounts. 

9 ‘‘Credit reestimates. 

10 ‘‘Employees Life Insurance Fund (24– 

11 8424–0–8–602). 

12 ‘‘Federal Aviation Insurance Revolving 

13 Fund (69–4120–0–3–402). 

14 ‘‘Federal Crop Insurance Corporation 

15 Fund (12–4085–0–3–351). 

16 ‘‘Federal Emergency Management Agency, 

17 National Flood Insurance Fund (58–4236–0– 

18 3–453). 

19 ‘‘Federal Home Loan Mortgage Corpora20 tion (Freddie Mac). 

21 ‘‘Federal National Mortgage Corporation 

22 (Fannie Mae). 

23 ‘‘Geothermal resources development fund 

24 (89–0206–0–1–271). 


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•S 1600 IS

1 ‘‘Low-Rent Public Housing—Loans and 

2 Other Expenses (86–4098–0–3–604). 

3 ‘‘Maritime Administration, War Risk In4 surance Revolving Fund (69–4302–0–3–403). 

5 ‘‘Natural Resource Damage Assessment 

6 Fund (14–1618–0–1–302). 

7 ‘‘Overseas Private Investment Corporation, 

8 Noncredit Account (71–4184–0–3–151). 

9 ‘‘Pension Benefit Guaranty Corporation 

10 Fund (16–4204–0–3–601). 

11 ‘‘San Joaquin Restoration Fund (14– 

12 5537–0–2–301). 

13 ‘‘Servicemembers’ Group Life Insurance 

14 Fund (36–4009–0–3–701). 

15 ‘‘Terrorism Insurance Program (20–0123– 

16 0–1–376). 

17 ‘‘(h) LOW-INCOME PROGRAMS.—The following pro18 grams shall be exempt from reduction under any order 

19 issued under this part: 

20 ‘‘Academic Competitiveness/Smart Grant Pro21 gram (91–0205–0–1–502). 

22 ‘‘Child Care Entitlement to States (75–1550– 

23 0–1–609). 

24 ‘‘Child Enrollment Contingency Fund (75– 

25 5551–0–2–551). 


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•S 1600 IS

1 ‘‘Child Nutrition Programs (with the exception 

2 of special milk programs) (12–3539–0–1–605). 

3 ‘‘Children’s Health Insurance Fund (75–0515– 

4 0–1–551). 

5 ‘‘Commodity Supplemental Food Program (12– 

6 3507–0–1–605). 

7 ‘‘Contingency Fund (75–1522–0–1–609). 

8 ‘‘Family Support Programs (75–1501–0–1– 

9 609). 

10 ‘‘Federal Pell Grants under section 401 Title 

11 IV of the Higher Education Act. 

12 ‘‘Grants to States for Medicaid (75–0512–0–1– 

13 551). 

14 ‘‘Payments for Foster Care and Permanency 

15 (75–1545–0–1–609). 

16 ‘‘Supplemental Nutrition Assistance Program 

17 (12–3505–0–1–605). 

18 ‘‘Supplemental Security Income Program (28– 

19 0406–0–1–609). 

20 ‘‘Temporary Assistance for Needy Families 

21 (75–1552–0–1–609).’’. 

22 (d) ECONOMIC RECOVERY PROGRAMS.—Section 255 

23 of BBEDCA is amended by adding the following after 

24 subsection (h): 


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•S 1600 IS

1 ‘‘(i) ECONOMIC RECOVERY PROGRAMS.—The fol2 lowing programs shall be exempt from reduction under 

3 any order issued under this part: 

4 ‘‘All programs enacted in, or increases in pro5 grams provided by, the American Recovery and Re6 investment Act of 2009. 

7 ‘‘Exchange Stabilization Fund-Money Market 

8 Mutual Fund Guaranty Facility (20–4274–0–3– 

9 376). 

10 ‘‘Financial Stabilization Reserve (20–0131–4– 

11 1–376). 

12 ‘‘GSE Mortgage-Backed Securities Purchase 

13 Program Account (20–0126–0–1–371). 

14 ‘‘GSE Preferred Stock Purchase Agreements 

15 (20–0125–0–1–371). 

16 ‘‘Office of Financial Stability (20–0128–0–1– 

17 376). 

18 ‘‘Special Inspector General for the Troubled 

19 Asset Relief Program (20–0133–0–1–376). 

20 ‘‘Troubled Asset Relief Program Account (20– 

21 0132–0–1–376). 

22 ‘‘Troubled Asset Relief Program Equity Pur23 chase Program (20–0134–0–1–376). 


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•S 1600 IS

1 ‘‘Troubled Asset Relief Program, Home Afford2 able Modification Program (20–0136–0–1–604).’’. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS