II 

111TH CONGRESS 

1ST SESSION S. 1613 

To reduce the Federal budget deficit in a responsible manner. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2009 

Mr. BENNET introduced the following bill; which was read twice and referred 

to the Committee on the Budget 

A BILL 

To reduce the Federal budget deficit in a responsible 

manner. 

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 ‘‘Deficit Reduction Act of 2009’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

TITLE I—DISCRETIONARY SPENDING LIMITS 

Sec. 101. Discretionary spending limits. 

Sec. 102. Sequestration for discretionary limits. 

Sec. 103. Adjustments to discretionary spending limits. 

Sec. 104. Low-growth report. 

Sec. 105. Conforming amendments. 

TITLE II—DEFICIT LIMITS 


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Sec. 201. Deficit limits. 

Sec. 202. Effective date. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Exempt programs and activities. 

Sec. 302. Enforcement procedures under the Congressional Budget Act. 

Sec. 303. Definitions. 

1 TITLE I—DISCRETIONARY 

2 SPENDING LIMITS 

3 SEC. 101. DISCRETIONARY SPENDING LIMITS. 

4 Section 251(c) of the Balanced Budget and Emer5 gency Deficit Control Act of 1985 is amended by striking 

6 beginning with ‘‘means—’’ through paragraph (13) and 

7 inserting ‘‘means, for fiscal years 2011 through 2019, the 

8 baseline, minus any spending designated as an emergency, 

9 for the preceding fiscal year as adjusted for inflation and’’. 

10 SEC. 102. SEQUESTRATION FOR DISCRETIONARY LIMITS. 

11 Subsection (a) of section 251 of the Balanced Budget 

12 and Emergency Deficit Control Act of 1985 are amended 

13 to read as follows: 

14 ‘‘(a) SEQUESTRATION.— 

15 ‘‘(1) IN GENERAL.—Not later than 45 calendar 

16 days after Congress adjourns to end a session, OMB 

17 shall conduct a sequestration to eliminate the budget 

18 year breach, if any, resulting from budget authority 

19 and outlays in excess of the discretionary spending 

20 limit. 


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1 ‘‘(2) BREACH CALCULATION.—The breach is, if 

2 greater than zero, the breach for the budget year, 

3 minus any adjustments pursuant to subsection (b). 

4 ‘‘(3) SEQUESTRATION.—To eliminate the 

5 breach in a budget year, each account shall be re6 duced by a dollar amount calculated by multiplying 

7 the level of sequesterable budgetary resources in that 

8 account at that time by the uniform percentage nec9 essary to enforce subsection (c). 

10 ‘‘(4) LOOK BACK.—If, after June 30, an appro11 priation for the fiscal year in progress is enacted 

12 that causes a breach, the discretionary spending lim13 its for the next fiscal year shall be reduced by the 

14 amount or amounts of that breach.’’. 

15 SEC. 103. ADJUSTMENTS TO DISCRETIONARY SPENDING 

16 LIMITS. 

17 Section 251(b) of the Balanced Budget and Emer18 gency Deficit Control Act of 1985 is amended to read as 

19 follows: 

20 ‘‘(b) ADJUSTMENTS TO DISCRETIONARY SPENDING

21 LIMITS.— 

22 ‘‘(1) CONCEPTS AND DEFINITIONS.—When the 

23 President submits the budget under section 1105 of 

24 title 31, United States Code, OMB shall calculate 

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1 tionary spending limits (and those limits as cumula2 tively adjusted) for the budget year and each out3 year to reflect changes in concepts and definitions. 

4 Such changes shall equal the baseline levels of new 

5 budget authority and outlays using up-to-date con6 cepts and definitions minus those levels using the 

7 concepts and definitions in effect before such 

8 changes. Such changes may only be made after con9 sultation with the Committees on Appropriations 

10 and the Budget of the House of Representatives and 

11 the Senate and that consultation shall include writ12 ten communication to such committees that affords 

13 such committees the opportunity to comment before 

14 official action is taken for such changes. 

15 ‘‘(2) ADJUSTMENTS.— 

16 ‘‘(A) EMERGENCY DESIGNATION.—If ap17 propriations for discretionary accounts are en18 acted that the President designates as emer19 gency requirements and that the Congress so 

20 designates in statute, the adjustment shall be 

21 the total of such appropriations in discretionary 

22 accounts designated as emergency requirements 

23 and the outlays flowing in all fiscal years from 

24 such appropriations. 


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1 ‘‘(B) OVERSEAS CONTINGENCY OPER2 ATIONS DESIGNATION.—If appropriations for 

3 discretionary accounts are enacted that the 

4 President designates as overseas contingency 

5 operations related to the global war on ter6 rorism, including Iraq and Afghanistan, that 

7 the Congress so designates in statute, the ad8 justment shall be the total of such appropria9 tions in discretionary accounts designated as 

10 overseas contingency operations and the outlays 

11 flowing in all fiscal years from such appropria12 tions. 

13 ‘‘(3) SPECIAL OUTLAY ALLOWANCE.—If, in any 

14 fiscal year, outlays for a category exceed the discre15 tionary spending limit for that category but new 

16 budget authority does not exceed its limit for that 

17 category (after application of the first step of a 

18 spending reduction described in subsection (a)(2), if 

19 necessary), the adjustment in outlays for a fiscal 

20 year is the amount of the excess but not to exceed 

21 0.5 percent of the sum of the adjusted discretionary 

22 spending limits on outlays for that fiscal year.’’. 

23 SEC. 104. LOW-GROWTH REPORT. 

24 Section 254(i) of the Balanced Budget and Emer25 gency Deficit Control Act is amended to read as follows: 


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1 ‘‘(i) LOW-GROWTH REPORT.— 

2 ‘‘(1) IN GENERAL.—At any time, OMB, in con3 sultation with the Secretary of Commerce, shall no4 tify the Congress if— 

5 ‘‘(A) during the period consisting of the 

6 quarter during which such notification is given, 

7 the quarter preceding such notification, the 4 

8 quarters following such notification, OMB has 

9 determined that real economic growth is pro10 jected or estimated to be less than 1 percent 

11 with respect to each of any 2 consecutive quar12 ters within such period; or 

13 ‘‘(B) the most recent of the Department of 

14 Commerce’s advance preliminary or final re15 ports of actual real economic growth indicate 

16 that the rate of real economic growth for the 

17 following four quarters is projected or estimated 

18 to be less than 1 percent with respect to each 

19 of any two consecutive quarters. 

20 ‘‘(2) SUSPENSION.—Sequestration under sec21 tions 251 and 253A shall be suspended in any fiscal 

22 year in which there occur 2 quarters of low growth 

23 as described in subparagraphs (A) or (B) of para24 graph (1).’’. 


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1 SEC. 105. CONFORMING AMENDMENTS. 

2 Section 275(b) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985 is amended by striking 

4 ‘‘2002’’ and inserting ‘‘2019’’ and by striking ‘‘2006’’ and 

5 inserting ‘‘2019’’. 

6 TITLE II—DEFICIT LIMITS 

7 SEC. 201. DEFICIT LIMITS. 

8 The Balanced Budget and Emergency Deficit Control 

9 Act of 1985 is amended by inserting after section 253 the 

10 following: 

11 ‘‘SEC. 253A. ENFORCING DEFICIT LIMITS. 

12 ‘‘(a) ENFORCING DEFICIT LIMITS.—In this section, 

13 the term ‘deficit limit’ means an amount, as estimated by 

14 OMB, that equals— 

15 ‘‘(1) 4 percent of GDP for fiscal year 2012; 

16 and 

17 ‘‘(2) 3 percent of GDP for fiscal years 2013 

18 through 2019. 

19 ‘‘(b) DETERMINING THE GDP.—The Office of Man20 agement and Budget shall estimate the GDP at the outset 

21 of the fiscal year, on April 30, on August 20, and 15 days 

22 after the conclusion of the fiscal year. CBO shall provide 

23 advisory reports calculating the GDP at identical times. 

24 ‘‘(c) SEQUESTRATION.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) EXCESS DEFICIT.—Not later than 45 

2 calendar days after Congress adjourns, OMB 

3 shall conduct a sequestration to eliminate the 

4 excess deficit. 

5 ‘‘(B) DEFINITION.—For purposes of this 

6 subsection, the term ‘excess deficit’ means the 

7 deficit for the preceding year minus the deficit 

8 limit as described in the subsection (a) and ad9 justed pursuant to paragraph (2). 

10 ‘‘(2) ADJUSTMENTS.— 

11 ‘‘(A) EMERGENCY DESIGNATION.—If direct 

12 spending or appropriations for discretionary ac13 counts are enacted that the President des14 ignates as emergency requirements and that the 

15 Congress so designates in statute, the adjust16 ment shall be the total of such direct spending 

17 or appropriations in discretionary accounts des18 ignated as emergency requirements and the out19 lays flowing in all fiscal years from such spend20 ing or appropriations. 

21 ‘‘(B) OVERSEAS CONTINGENCY OPER22 ATIONS DESIGNATION.—If direct spending or 

23 appropriations for discretionary accounts are 

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1 al war on terrorism, including Iraq and Afghan2 istan, that the Congress so designates in stat3 ute, the adjustment shall be the total of such 

4 direct spending or appropriations in discre5 tionary accounts designated as overseas contin6 gency operations and the outlays flowing in all 

7 fiscal years from such spending or appropria8 tions. 

9 ‘‘(3) PREVIEW REPORT.—CBO shall submit an 

10 advisory sequestration preview report as described in 

11 section 254(c)(4) on August 10 of each year. OMB 

12 shall produce an sequestration preview report on Au13 gust 20 as described in section 254(c)(4). Fifteen 

14 days after Congress adjourns, the OMB shall issue 

15 an update sequestration report as described in sec16 tion 254(e). Thirty days later, the OMB should issue 

17 its final sequestration report as described in section 

18 254(f)(3). It shall be accompanied by a Presidential 

19 order detailing the uniform spending reductions. The 

20 reductions should generally follow the process set 

21 forth in section 253 and 254, except as provided in 

22 this section. 

23 ‘‘(4) CONGRESSIONAL ACTION.—If the August 

24 20 OMB report projects a sequestration, the Senate 

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1 tion directing their committees to change the exist2 ing law to achieve the goals outlined in the August 

3 20 report. If the Committees report their respective 

4 resolutions, a reconciliation process shall be trig5 gered in accordance with section 258C. 

6 ‘‘(5) REDUCING NONEXEMPT BUDGETARY RE7 SOURCES BY A UNIFORM PERCENTAGE.—OMB shall 

8 calculate the uniform percentage by which the budg9 etary resources of nonexempt direct and discre10 tionary spending programs are to be sequestered 

11 such that the outlay savings resulting from that se12 questration, as calculated under this subsection, to 

13 eliminate the excess deficit. If the uniform percent14 age calculated under the prior sentence exceeds 4 

15 percent, the Medicare programs described in section 

16 256(d) shall be reduced by 4 percent and the uni17 form percentage by which the budgetary resources of 

18 all other nonexempt direct and discretionary spend19 ing programs are to be sequestered shall be in20 creased, as necessary, so that the sequestration of 

21 Medicare and of all other nonexempt direct and dis22 cretionary spending programs together produce the 

23 required outlay savings. 

24 ‘‘(d) LOOK BACK.—If, after June 30, a bill resulting 

25 in outlays for the fiscal year in progress is enacted that 


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1 causes an excess deficit, the excess deficit for the next fis2 cal year shall be increased by the amount or amounts of 

3 that breach.’’. 

4 SEC. 202. EFFECTIVE DATE. 

5 This title shall apply to fiscal year 2012 and subse6 quent fiscal years through fiscal year 2019. 

7 TITLE III—GENERAL 

8 PROVISIONS 

9 SEC. 301. EXEMPT PROGRAMS AND ACTIVITIES. 

10 (a) DESIGNATIONS.—Section 255 of the Balanced 

11 Budget and Emergency Deficit Control Act of 1985 is 

12 amended by redesignating subsection (i) as (j) and strik13 ing ‘‘1998’’ and inserting in lieu thereof ‘‘2010’’. 

14 (b) SOCIAL SECURITY, VETERANS PROGRAMS, NET

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

16 (d) of section 255 of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985 are amended to read as fol18 lows: 

19 ‘‘(a) SOCIAL SECURITY BENEFITS AND TIER I RAIL20 ROAD RETIREMENT BENEFITS.—Benefits payable under 

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

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

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

24 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 the 

21 Balanced Budget and Emergency Deficit Control Act of 

22 1985 are amended to read as follows: 

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


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1 ‘‘(1)(A) The following budget accounts and ac2 tivities shall be exempt from reduction under any 

3 order issued under this part: 

4 ‘‘Activities resulting from private dona5 tions, bequests, or voluntary contributions to 

6 the Government. 

7 ‘‘Activities financed by voluntary payments 

8 to the Government for goods or services to be 

9 provided for such payments. 

10 ‘‘Administration of Territories, Northern 

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

12 1–808). 

13 ‘‘Advances to the Unemployment Trust 

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

15 ‘‘Black Lung Disability Trust Fund Refi16 nancing (16–0329–0–1–601). 

17 ‘‘Bonneville Power Administration Fund 

18 and borrowing authority established pursuant 

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

20 amended (89–4045–0–3–271). 

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

22 1895–0–1–808). 

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

24 0–1–808). 


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1 ‘‘Compensation of the President (11– 

2 0209–01–1–802). 

3 ‘‘Comptroller of the Currency, Assessment 

4 Funds (20–8413–0–8–373). 

5 ‘‘Continuing Fund, Southeastern Power 

6 Administration (89–5653–0–2–271). 

7 ‘‘Continuing Fund, Southwestern Power 

8 Administration (89–5649–0–2–271). 

9 ‘‘Dual Benefits Payments Account (60– 

10 0111–0–1–601). 

11 ‘‘Emergency Fund, Western Area Power 

12 Administration (89–5069–0–2–271). 

13 ‘‘Exchange Stabilization Fund (20–4444– 

14 0–3–155). 

15 ‘‘Federal Deposit Insurance Corporation, 

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

17 ‘‘Federal Deposit Insurance Corporation, 

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

19 ‘‘Federal Deposit Insurance Corporation, 

20 Noninterest Bearing Transaction Account 

21 Guarantee (51–4458–0–3–373). 

22 ‘‘Federal Deposit Insurance Corporation, 

23 Senior Unsecured Debt Guarantee (51–4457– 

24 0–3–373). 


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1 ‘‘Federal Housing Finance Agency, Admin2 istrative Expenses (95–5532–0–2–371). 

3 ‘‘Federal Payment to the District of Co4 lumbia Judicial Retirement and Survivors An5 nuity Fund (20–1713–0–1–752). 

6 ‘‘Federal Payment to the District of Co7 lumbia Pension Fund (20–1714–0–1–601). 

8 ‘‘Federal Payments to the Railroad Retire9 ment Accounts (60–0113–0–1–601). 

10 ‘‘Federal Reserve Bank Reimbursement 

11 Fund (20–1884–0–1–803). 

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

13 803). 

14 ‘‘Foreign Military Sales Trust Fund (11– 

15 8242–0–7–155). 

16 ‘‘Hazardous Waste Management, Con17 servation Reserve Program (12–4336–0–3– 

18 999). 

19 ‘‘Host Nation Support Fund for Relocation 

20 (97–8337–0–7–051). 

21 ‘‘Internal Revenue Collections for Puerto 

22 Rico (20–5737–0–2–806). 

23 ‘‘Intragovernmental funds, including those 

24 from which the outlays are derived primarily 

25 from resources paid in from other government 


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1 accounts, except to the extent such funds are 

2 augmented by direct appropriations for the fis3 cal year during which an order is in effect. 

4 ‘‘Medical Facilities Guarantee and Loan 

5 Fund (75–9931–0–3–551). 

6 ‘‘National Credit Union Administration, 

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

8 ‘‘National Credit Union Administration, 

9 Corporate Credit Union Share Guarantee Pro10 gram (25–4476–0–3–376). 

11 ‘‘National Credit Union Administration, 

12 Credit Union Homeowners Affordability Relief 

13 Program (25–4473–0–3–371). 

14 ‘‘National Credit Union Administration, 

15 Credit Union Share Insurance Fund (25–4468– 

16 0–3–373). 

17 ‘‘National Credit Union Administration, 

18 Credit Union System Investment Program (25– 

19 4474–0–3–376). 

20 ‘‘National Credit Union Administration, 

21 Operating fund (25–4056–0–3–373). 

22 ‘‘National Credit Union Administration, 

23 Share Insurance Fund Corporate Debt Guar24 antee Program (25–4469–0–3–376). 


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1 ‘‘National Credit Union Administration, 

2 U.S. Central Federal Credit Union Capital Pro3 gram (25–4475–0–3–376). 

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

5 3–373). 

6 ‘‘Panama Canal Commission Compensation 

7 Fund (16–5155–0–2–602). 

8 ‘‘Payment of Vietnam and USS Pueblo 

9 prisoner-of-war claims within the Salaries and 

10 Expenses, Foreign Claims Settlement account 

11 (15–0100–0–1–153). 

12 ‘‘Payment to Civil Service Retirement and 

13 Disability Fund (24–0200–0–1–805). 

14 ‘‘Payment to Department of Defense Medi15 care-Eligible Retiree Health Care Fund (97– 

16 0850–0–1–054). 

17 ‘‘Payment to Judiciary Trust Funds (10– 

18 0941–0–1–752). 

19 ‘‘Payment to Military Retirement Fund 

20 (97–0040–0–1–054). 

21 ‘‘Payment to the Foreign Service Retire22 ment and Disability Fund (19–0540–0–1–153). 

23 ‘‘Payments to Copyright Owners (03– 

24 5175–0–2–376). 


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1 ‘‘Payments to Health Care Trust Funds 

2 (75–0580–0–1–571). 

3 ‘‘Payment to Radiation Exposure Com4 pensation Trust Fund (15–0333–0–1–054). 

5 ‘‘Payments to Social Security Trust Funds 

6 (28–0404–0–1–651). 

7 ‘‘Payments to the United States Terri8 tories, Fiscal Assistance (14–0418–0–1–806). 

9 ‘‘Payments to trust funds from excise 

10 taxes or other receipts properly creditable to 

11 such trust funds. 

12 ‘‘Payments to widows and heirs of de13 ceased Members of Congress (00–0215–0–1– 

14 801). 

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

16 ‘‘Radiation Exposure Compensation Trust 

17 Fund (15–8116–0–1–054). 

18 ‘‘Reimbursement to Federal Reserve Banks 

19 (20–0562–0–1–803). 

20 ‘‘Salaries of Article III judges. 

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

22 claims (84–8930–0–7–705). 

23 ‘‘Tennessee Valley Authority Fund, except 

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

25 3–999). 


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1 ‘‘Tribal and Indian trust accounts within 

2 the Department of the Interior which fund 

3 prior legal obligations of the Government or 

4 which are established pursuant to Acts of Con5 gress regarding Federal management of tribal 

6 real property or other fiduciary responsibilities, 

7 including but not limited to Tribal Special 

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

9 (14–8030–0–7–452), White Earth Settlement 

10 (14–2204–0–1–452), and Indian Water Rights 

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

12 ‘‘United Mine Workers of America 1992 

13 Benefit Plan (95–8260–0–7–551). 

14 ‘‘United Mine Workers of America 1993 

15 Benefit Plan (95–8535–0–7–551). 

16 ‘‘United Mine Workers of America Com17 bined Benefit Fund (95–8295–0–7–551). 

18 ‘‘United States Enrichment Corporation 

19 Fund (95–4054–0–3–271). 

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

21 376). 

22 ‘‘Vaccine Injury Compensation (75–0320– 

23 0–1–551). 

24 ‘‘Vaccine Injury Compensation Program 

25 Trust Fund (20–8175–0–7–551). 


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1 ‘‘(B) The following Federal retirement and dis2 ability accounts and activities shall be exempt from 

3 reduction under any order issued under this part: 

4 ‘‘Black Lung Disability Trust Fund (20– 

5 8144–0–7–601). 

6 ‘‘Central Intelligence Agency Retirement 

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

8 054). 

9 ‘‘Civil Service Retirement and Disability 

10 Fund (24–8135–0–7–602). 

11 ‘‘Comptrollers general retirement system 

12 (05–0107–0–1–801). 

13 ‘‘Contributions to U.S. Park Police annu14 ity benefits, Other Permanent Appropriations 

15 (14–9924–0–2–303). 

16 ‘‘Court of Appeals for Veterans Claims Re17 tirement Fund (95–8290–0–7–705). 

18 ‘‘Department of Defense Medicare-Eligible 

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

20 ‘‘District of Columbia Federal Pension 

21 Fund (20–5511–0–2–601). 

22 ‘‘District of Columbia Judicial Retirement 

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

24 602). 


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1 ‘‘Energy Employees Occupational Illness 

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

3 ‘‘Foreign National Employees Separation 

4 Pay (97–8165–0–7–051). 

5 ‘‘Foreign Service National Defined Con6 tributions Retirement Fund (19–5497–0–2– 

7 602). 

8 ‘‘Foreign Service National Separation Li9 ability Trust Fund (19–8340–0–7–602). 

10 ‘‘Foreign Service Retirement and Dis11 ability Fund (19–8186–0–7–602). 

12 ‘‘Government Payment for Annuitants, 

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

14 551). 

15 ‘‘Government Payment for Annuitants, 

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

17 ‘‘Judicial Officers’ Retirement Fund (10– 

18 8122–0–7–602). 

19 ‘‘Judicial Survivors’ Annuities Fund (10– 

20 8110–0–7–602). 

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

22 7–602). 

23 ‘‘National Railroad Retirement Investment 

24 Trust (60–8118–0–7–601). 


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1 ‘‘National Oceanic and Atmospheric Ad2 ministration retirement (13–1450–0–1–306). 

3 ‘‘Pensions for former Presidents (47– 

4 0105–0–1–802). 

5 ‘‘Postal Service Retiree Health Benefits 

6 Fund (24–5391–0–2–551). 

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

8 0–1–754). 

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

10 0–7–601). 

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

12 1–403). 

13 ‘‘Retirement Pay and Medical Benefits for 

14 Commissioned Officers, Public Health Service 

15 (75–0379–0–1–551). 

16 ‘‘Special Benefits for Disabled Coal Miners 

17 (16–0169–0–1–601). 

18 ‘‘Special Benefits, Federal Employees’ 

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

20 ‘‘Special Workers Compensation Expenses 

21 (16–9971–0–7–601). 

22 ‘‘Tax Court Judges Survivors Annuity 

23 Fund (23–8115–0–7–602). 

24 ‘‘United States Court of Federal Claims 

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


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1 ‘‘United States Secret Service, DC Annuity 

2 (70–0400–0–1–751). 

3 ‘‘Voluntary Separation Incentive Fund 

4 (97–8335–0–7–051). 

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

6 in the following budget accounts and activities shall 

7 be exempt from any order issued under this part: 

8 ‘‘Biomass Energy Development (20–0114– 

9 0–1–271). 

10 ‘‘Check Forgery Insurance Fund (20– 

11 4109–0–3–803). 

12 ‘‘Credit liquidating accounts. 

13 ‘‘Credit reestimates. 

14 ‘‘Employees Life Insurance Fund (24– 

15 8424–0–8–602). 

16 ‘‘Federal Aviation Insurance Revolving 

17 Fund (69–4120–0–3–402). 

18 ‘‘Federal Crop Insurance Corporation 

19 Fund (12–4085–0–3–351). 

20 ‘‘Federal Emergency Management Agency, 

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

22 3–453). 

23 ‘‘Federal Home Loan Mortgage Corpora24 tion (Freddie Mac). 


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1 ‘‘Federal National Mortgage Corporation 

2 (Fannie Mae). 

3 ‘‘Geothermal resources development fund 

4 (89–0206–0–1–271). 

5 ‘‘Low-Rent Public Housing—Loans and 

6 Other Expenses (86–4098–0–3–604). 

7 ‘‘Maritime Administration, War Risk In8 surance Revolving Fund (69–4302–0–3–403). 

9 ‘‘Natural Resource Damage Assessment 

10 Fund (14–1618–0–1–302). 

11 ‘‘Overseas Private Investment Corporation, 

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

13 ‘‘Pension Benefit Guaranty Corporation 

14 Fund (16–4204–0–3–601). 

15 ‘‘San Joaquin Restoration Fund (14– 

16 5537–0–2–301). 

17 ‘‘Servicemembers’ Group Life Insurance 

18 Fund (36–4009–0–3–701). 

19 ‘‘Terrorism Insurance Program (20–0123– 

20 0–1–376). 

21 ‘‘(h) LOW-INCOME PROGRAMS.—The following pro22 grams shall be exempt from reduction under any order 

23 issued under this part: 

24 ‘‘Academic Competitiveness/Smart Grant Pro25 gram (91–0205–0–1–502). 


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•S 1613 IS

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

2 0–1–609). 

3 ‘‘Child Enrollment Contingency Fund (75– 

4 5551–0–2–551). 

5 ‘‘Child Nutrition Programs (with the exception 

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

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

8 0–1–551). 

9 ‘‘Commodity Supplemental Food Program (12– 

10 3507–0–1–605). 

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

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

13 609). 

14 ‘‘Federal Pell Grants under section 401 Title 

15 IV of the Higher Education Act. 

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

17 551). 

18 ‘‘Payments for Foster Care and Permanency 

19 (75–1545–0–1–609). 

20 ‘‘Supplemental Nutrition Assistance Program 

21 (12–3505–0–1–605). 

22 ‘‘Supplemental Security Income Program (28– 

23 0406–0–1–609). 

24 ‘‘Temporary Assistance for Needy Families 

25 (75–1552–0–1–609).’’. 


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1 (d) ECONOMIC RECOVERY PROGRAMS.—Section 255 

2 of the Balanced Budget and Emergency Deficit Control 

3 Act of 1985 is amended by adding the following after sub4 section (h): 

5 ‘‘(i) ECONOMIC RECOVERY PROGRAMS.—The fol6 lowing programs shall be exempt from reduction under 

7 any order issued under this part: 

8 ‘‘All programs enacted in, or increases in pro9 grams provided by, the American Recovery and Re10 investment Act of 2009. 

11 ‘‘Exchange Stabilization Fund-Money Market 

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

13 376). 

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

15 1–376). 

16 ‘‘GSE Mortgage-Backed Securities Purchase 

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

18 ‘‘GSE Preferred Stock Purchase Agreements 

19 (20–0125–0–1–371). 

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

21 376). 

22 ‘‘Special Inspector General for the Troubled 

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

24 ‘‘Troubled Asset Relief Program Account (20– 

25 0132–0–1–376). 


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1 ‘‘Troubled Asset Relief Program Equity Pur2 chase Program (20–0134–0–1–376). 

3 ‘‘Troubled Asset Relief Program, Home Afford4 able Modification Program (20–0136–0–1–604).’’. 

5 SEC. 302. ENFORCEMENT PROCEDURES UNDER THE CON6 GRESSIONAL BUDGET ACT. 

7 (a) ENFORCEMENT.—Title III of the Congressional 

8 Budget Act of 1974 is amended by adding after section 

9 315 the following new section: 

10 ‘‘SEC. 316. ENFORCEMENT PROCEDURES. 

11 ‘‘(a) DISCRETIONARY SPENDING LIMITS.—It shall 

12 not be in order in the House of Representatives or the 

13 Senate to consider any bill, joint resolution, amendment, 

14 or conference report that includes any provision that 

15 would cause the discretionary spending limits as set forth 

16 in section 251(c) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985 to be exceeded. 

18 ‘‘(b) DEFICIT LIMITS.—It shall not be in order in the 

19 House of Representatives or the Senate to consider any 

20 bill, joint resolution, amendment, or conference report that 

21 includes any provision that would cause the most recently 

22 reported, current deficit limits set forth in section 253A 

23 of the Balanced Budget and Emergency Deficit Control 

24 Act of 1985 to be exceeded. 

25 ‘‘(c) WAIVER OR SUSPENSION.— 


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•S 1613 IS

1 ‘‘(1) IN THE SENATE.—The provisions of this 

2 section may be waived or suspended in the Senate 

3 only by the affirmative vote of three-fifths of the 

4 Members, duly chosen and sworn. 

5 ‘‘(2) IN THE HOUSE.—The provisions of this 

6 section may be waived or suspended in the House of 

7 Representatives only by a rule or order proposing 

8 only to waive such provisions by an affirmative vote 

9 of three-fifths of the Members, duly chosen and 

10 sworn. 

11 ‘‘(d) POINT OF ORDER PROTECTION.—In the House, 

12 it shall not be in order to consider a rule or order that 

13 waives the application of paragraph (2) of subsection (c). 

14 ‘‘(e) MOTION TO SUSPEND.—It shall not be in order 

15 for the Speaker to entertain a motion to suspend the appli16 cation of this section under clause 1 of rule XV.’’. 

17 (b) TABLE OF CONTENTS.—The table of contents set 

18 forth in section 1(b) of the Congressional Budget and Im19 poundment Control Act of 1974 is amended by inserting 

20 after the item relating to section 315 the following new 

21 item: 

‘‘Sec. 316. Enforcement procedures.’’. 

22 SEC. 303. DEFINITIONS. 

23 Section 250(c)(4) of the Balanced Budget and Emer24 gency Deficit Control Act of 1985 is amended by striking 


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•S 1613 IS

1 paragraph (4), redesignating the succeeding paragraphs 

2 accordingly, and adding the following paragraphs: 

3 ‘‘(19) The term ‘spending reduction’ refers to 

4 the cancellation of budgetary resources provided by 

5 discretionary appropriations or mandatory spending. 

6 ‘‘(20) The term ‘GDP’, for any fiscal year, 

7 means the gross domestic product during such fiscal 

8 year consistent with Department of Commerce defi9 nitions. 

10 ‘‘(21)(A) The term ‘emergency requirement’ 

11 means any provision that provides new budget au12 thority and resulting outlays for a situation that 

13 poses a threat to life, property, or national security 

14 and is— 

15 ‘‘(i) sudden, quickly coming into being, and 

16 not building up over time; 

17 ‘‘(ii) an urgent, pressing, and compelling 

18 need requiring immediate action; 

19 ‘‘(iii) unforeseen, unpredictable, and unan20 ticipated; and 

21 ‘‘(iv) not permanent, temporary in nature. 

22 ‘‘(B) An emergency that is part of an aggregate 

23 level of anticipated emergencies, particularly when 

24 normally estimated in advance, is not unforeseen.’’. 

Æ 


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