IIB 

111TH CONGRESS 

1ST SESSION H. R. 2920 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2009 

Received; read twice and referred to the Committee on the Budget 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. Definitions. 

Sec. 4. PAYGO estimates and PAYGO scorecards. 

Sec. 5. Annual report and sequestration order. 

Sec. 6. Calculating a sequestration. 

Sec. 7. Current policy adjustment to the CBO estimates. 

Sec. 8. Application of BBEDCA. 

Sec. 9. Technical corrections. 

Sec. 10. Conforming amendments. 

Sec. 11. Exempt programs and activities. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to reestablish a statutory 

8 procedure to enforce a rule of budget neutrality on new 

9 revenue and direct spending legislation. 

10 SEC. 3. DEFINITIONS. 

11 As used in this Act— 

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

13 Budget and Emergency Deficit Control Act of 1985. 

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

15 Congressional Budget and Impoundment Control 

16 Act of 1974 and in section 250 of BBEDCA shall 

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

18 specifically modified as follows: 


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

2 year that occurs one or more years after the 

3 budget year. 

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

5 to the food stamp program shall be deemed to 

6 be a reference to the Supplemental Nutrition 

7 Assistance Program. 

8 (3) The term ‘‘AMT’’ means the Alternative 

9 Minimum Tax for individuals under sections 55–59 

10 of the Internal Revenue Code of 1986, the term 

11 ‘‘EGTRRA’’ means the Economic Growth and Tax 

12 Relief Reconciliation Act of 2001 (Public Law 107– 

13 16), and the term ‘‘JGTRRA’’ means the Jobs and 

14 Growth Tax Relief and Reconciliation Act of 2003 

15 (Public Law 108–27). 

16 (4)(A) The term ‘‘budgetary effects’’ means the 

17 amounts by which PAYGO legislation changes direct 

18 spending or revenues relative to the baseline and 

19 shall be determined on the basis of estimates in20 cluded by reference in the PAYGO Act or prepared 

21 under section 4(d)(3), as applicable. Budgetary ef22 fects that increase direct spending or decrease reve23 nues are termed ‘‘costs’’ and budgetary effects that 

24 increase revenues or decrease direct spending are 

25 termed ‘‘savings’’. 


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1 (B) For purposes of these definitions, off-budg2 et effects shall be counted as budgetary effects un3 less such changes flow directly from amendments to 

4 title II of the Social Security Act and related provi5 sions of the Internal Revenue Code of 1986 and debt 

6 service effects shall not be counted as budgetary ef7 fects. 

8 (C) Solely for purposes of recording entries on 

9 a PAYGO scorecard, provisions in appropriations 

10 Acts are also considered to be budgetary effects for 

11 purposes of this Act if such provisions make outyear 

12 modifications to substantive law, except that provi13 sions for which the outlay effects net to zero over a 

14 period consisting of the current year, the budget 

15 year, and the 4 subsequent years shall not be consid16 ered budgetary effects. For purposes of this para17 graph, the term, ‘‘modifications to substantive law’’ 

18 refers to changes to or restrictions on entitlement 

19 law or other mandatory spending contained in ap20 propriations Acts, notwithstanding section 250(c)(8) 

21 of BBEDCA. Provisions in appropriations Acts that 

22 are neither outyear modifications to substantive law 

23 nor changes in revenues have no budgetary effects 

24 for purposes of this Act. 


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1 (D) If a provision is designated as an emer2 gency requirement under this Act and is also des3 ignated as an emergency requirement under the ap4 plicable rules of the House of Representatives, CBO 

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

6 estimate of the PAYGO legislation’s budgetary ef7 fects. 

8 (5) The term ‘‘debit’’ refers to the net total 

9 amount, when positive, by which costs recorded on 

10 the PAYGO scorecards for a fiscal year exceed sav11 ings recorded on those scorecards for that year. 

12 (6) The term ‘‘entitlement law’’ refers to a sec13 tion of law which provides entitlement authority. 

14 (7) The term ‘‘PAYGO legislation’’ or a 

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

16 that affects direct spending or revenue relative to 

17 the baseline. The budgetary effects of changes in 

18 revenues and outyear modifications to substantive 

19 law included in appropriation Acts as defined in 

20 paragraph (4) shall be treated as if they were con21 tained in PAYGO legislation. 

22 (8) The term ‘‘timing shift’’ refers to a delay of 

23 the date on which direct spending would otherwise 

24 occur from the ninth outyear to the tenth outyear or 

25 an acceleration of the date on which revenues would 


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1 otherwise occur from the tenth outyear to the ninth 

2 outyear. 

3 SEC. 4. PAYGO ESTIMATES AND PAYGO SCORECARDS. 

4 (a) PAYGO ESTIMATES.—(1) A PAYGO Act shall in5 clude by reference an estimate of its budgetary effects as 

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

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

8 the Congressional Record by the chairs of the Committees 

9 on the Budget of the House of Representatives and the 

10 Senate, as applicable, before the vote on the PAYGO legis11 lation. The Clerk of the House or the Secretary of the 

12 Senate, as applicable, shall also incorporate by reference 

13 such estimate printed in the relevant portion of the Con14 gressional Record under section 308(a)(3) of the Congres15 sional Budget Act of 1974 into the enrollment of a 

16 PAYGO Act. Budgetary effects that are not so included 

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

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

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

20 new paragraph: 

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

22 either House on a PAYGO Act that, if determined 

23 in the affirmative, would clear such Act for enroll24 ment, the chairs of the Committees on the Budget 

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


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1 from the Director of the Congressional Budget Of2 fice an estimate of the budgetary effects of such Act 

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

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

5 Committees on the Budget of the House of Rep6 resentatives and the Senate shall post such estimate 

7 on their respective committee websites and cause it 

8 to be printed in the Congressional Record under the 

9 heading ‘PAYGO ESTIMATE’. For purposes of this 

10 section, the Director of the Congressional Budget 

11 Office shall not count timing shifts in his estimates 

12 of the budgetary effects of PAYGO legislation (as 

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

14 Act of 2009).’’. 

15 (B) The side heading of section 308(a) of the Con16 gressional Budget Act of 1974 is amended by striking 

17 ‘‘REPORTS ON’’. 

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

19 1974 is amended by adding at the end the following new 

20 subsection: 

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

22 the Congressional Budget Office shall provide estimates 

23 under this section in accordance with the scorekeeping 

24 guidelines determined under section 252(d)(5) of the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 


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1 Upon agreement, the chairs of the Committees on the 

2 Budget of the House of Representatives and the Senate 

3 shall submit updates to such guidelines for printing in the 

4 Congressional Record.’’. 

5 (c) CURRENT POLICY ADJUSTMENTS FOR CERTAIN

6 LEGISLATION.—For purposes of calculating budgetary ef7 fects under this Act, CBO shall adjust its estimates as 

8 described below for any provision of legislation designated 

9 as meeting the criteria in subsection (b), (c), or (d) of 

10 section 7 and which the chairman of the Committee on 

11 the Budget of the House of Representatives or the Senate, 

12 as applicable, designates as meeting those criteria. A sin13 gle piece of legislation may contain provisions designated 

14 as meeting criteria in more than one of the subsections 

15 listed above. For appropriately designated provisions, 

16 CBO shall exclude from its estimates for purposes of this 

17 Act any costs of a provision to the extent that those costs, 

18 when combined with all other excluded costs of any other 

19 previously designated provisions of enacted legislation 

20 under the same subsection of section 7, do not exceed the 

21 maximum applicable current policy adjustment defined 

22 under the applicable subsection of section 7 for the appli23 cable 10-year period, using the most recent baseline esti24 mates supplied by the Congressional Budget Office con25 sistent with section 257 of the Balanced Budget and 


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1 Emergency Deficit Control Act of 1985 used in consid2 ering a concurrent resolution on the budget; or, after the 

3 beginning of a new calendar year and before consideration 

4 of a concurrent resolution on the budget, using the most 

5 recent baseline estimates supplied by the Congressional 

6 Budget Office consistent with section 257 of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985. CBO 

8 estimates of legislation containing a current policy des9 ignation under this subsection shall include a separate 

10 presentation of costs excluded from the calculation of 

11 budgetary effects for the legislation, as well as an updated 

12 total of all excluded costs of provisions within the same 

13 subsection of section 7. 

14 (d) OMB PAYGO SCORECARDS.— 

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

16 make publicly available a continuously updated docu17 ment containing two PAYGO scorecards displaying 

18 the budgetary effects of PAYGO legislation as deter19 mined under section 308 of the Congressional Budg20 et Act of 1974, applying the look-back requirement 

21 in subsection (e) and the averaging requirement in 

22 subsection (f), and a separate addendum displaying 

23 the estimates of the costs of provisions designated in 

24 statute as emergency requirements. 


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1 (2) ESTIMATES IN LEGISLATION.—Except as 

2 provided in paragraph (3), in making the calcula3 tions for the PAYGO scorecards, OMB shall use the 

4 budgetary effects included by reference in the appli5 cable legislation. 

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

7 contain the estimate of budgetary effects under 

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

9 effects of that legislation upon its enactment, based 

10 on the approaches to scorekeeping set forth in this 

11 Act. 

12 (4) 5-YEAR SCORECARD.—The first scorecard 

13 shall display the budgetary effects of PAYGO legis14 lation in each year over the 5-year period beginning 

15 in the budget year. 

16 (5) 10-YEAR SCORECARD.—The second score17 card shall display the budgetary effects of PAYGO 

18 legislation in each year over the 10-year period be19 ginning in the budget year. 

20 (e) LOOK-BACK TO CAPTURE CURRENT-YEAR EF21 FECTS.—For purposes of this section, OMB shall treat the 

22 budgetary effects of PAYGO legislation enacted during a 

23 session of Congress that occur during the current year as 

24 though they occurred in the budget year. 


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1 (f) AVERAGING USED TO MEASURE COMPLIANCE

2 OVER 5-YEAR AND 10-YEAR PERIODS.—OMB shall cumu3 late the budgetary effects of a PAYGO Act over the budg4 et year (which includes any look-back effects under sub5 section (e)) and— 

6 (1) for purposes of the 5-year scorecard re7 ferred to in subsection (d)(4), the four subsequent 

8 outyears, divide that cumulative total by five, and 

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

10 each subsequent column of the 5-year PAYGO score11 card; and 

12 (2) for purposes of the 10-year scorecard re13 ferred to in subsection (d)(5), the nine subsequent 

14 outyears, divide that cumulative total by ten, and 

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

16 each subsequent column of the 10-year PAYGO 

17 scorecard. 

18 SEC. 5. ANNUAL REPORT AND SEQUESTRATION ORDER. 

19 (a) ANNUAL REPORT.—Not later than 14 days (ex20 cluding weekends and holidays) after Congress adjourns 

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

22 cause to be printed in the Federal Register an annual 

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

24 document containing the PAYGO scorecards, a description 

25 of any current policy adjustments made under section 


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1 4(c), information about emergency legislation (if any) des2 ignated under section 3(4)(D), information about any se3 questration if required by subsection (b), and other data 

4 and explanations that enhance public understanding of 

5 this Act and actions taken under it. 

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

7 issued at the end of a session of Congress under sub8 section (a) shows a debit on either PAYGO scorecard for 

9 the budget year, OMB shall prepare and the President 

10 shall issue and include in that report a sequestration order 

11 that, upon issuance, shall reduce budgetary resources of 

12 direct spending programs by enough to offset that debit 

13 as prescribed in section 6. If there is a debit on both score14 cards, the order shall fully offset the larger of the two 

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

16 and transmit it to the House of Representatives and the 

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

18 annual report shall contain, for each budget account to 

19 be sequestered, estimates of the baseline level of budgetary 

20 resources subject to sequestration, the amount of budg21 etary resources to be sequestered, and the outlay reduc22 tions that will occur in the budget year and the subsequent 

23 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. CURRENT POLICY ADJUSTMENT TO THE CBO ESTI9 MATES. 

10 (a) PURPOSE.—The purpose of this section is to pro11 vide for adjustments of estimates of budgetary effects of 

12 PAYGO legislation for legislation affecting four areas of 

13 the budget— 

14 (1) payments made under section 1848 of the 

15 Social Security Act (titled Payment for Physicians’ 

16 Services); 

17 (2) the Estate and Gift Tax under subtitle B of 

18 the Internal Revenue Code of 1986; 

19 (3) the AMT; and 

20 (4) provisions of EGTRRA or JGTRRA that 

21 amended the Internal Revenue Code of 1986 (or 

22 provisions in later statutes further amending the 

23 amendments made by EGTRRA or JGTRRA), other 

24 than— 


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1 (A) the provisions of those two Acts that 

2 were made permanent by the Pension Protec3 tion Act of 2006 (Public Law 109–280); 

4 (B) amendments to the estate and gift tax 

5 referred to in paragraph (2); 

6 (C) the AMT referred to in paragraph (3); 

7 (D) the 35 percent bracket and that por8 tion of the 33 percent bracket that applies to 

9 taxable income greater than $200,000 for an 

10 individual and $250,000 for a couple; and 

11 (E) provisions in those two Acts relating to 

12 taxes rates on capital gains and dividends. 

13 (b) MEDICARE PAYMENTS TO PHYSICIANS.— 

14 (1) CRITERIA.—Legislation that includes provi15 sions amending or superseding the system of pay16 ments under section 1848 of the Social Security Act 

17 shall trigger the current policy adjustment required 

18 by this Act. 

19 (2) ADJUSTMENT.—The amount of the max20 imum current policy adjustment shall be the dif21 ference between— 

22 (A) estimated net outlays attributable to 

23 the payments made to physicians under that 

24 section of the Social Security Act (as scheduled 

25 on July 15, 2009, to be in effect); and 


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1 (B) what those net outlays would have 

2 been if the nominal payment rates and related 

3 parameters in effect for 2009 had been in effect 

4 thereafter without change. 

5 (c) ESTATE AND GIFT TAX.— 

6 (1) CRITERIA.—Legislation that includes provi7 sions amending the Estate and Gift Tax under sub8 title B of the Internal Revenue Code of 1986 shall 

9 trigger the current policy adjustment required by 

10 this Act. 

11 (2) ADJUSTMENT.—The amount of the max12 imum current policy adjustment shall be the dif13 ference between— 

14 (A) total revenues projected to be collected 

15 under the Internal Revenue Code of 1986 (as 

16 scheduled on July 15, 2009, to be in effect); 

17 and 

18 (B) what those revenue collections would 

19 have been if, on the date of enactment of the 

20 legislation meeting the criteria in paragraph 

21 (1), estate and gift tax law had instead been 

22 amended so that the tax rates, nominal exemp23 tion amounts, and related parameters in effect 

24 for tax year 2009 had remained in effect there25 after without change. 


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1 (d) PERMANENT EXTENSION OF MIDDLE-CLASS TAX

2 CUTS AND AMT RELIEF.— 

3 (1) CRITERIA.—Legislation that includes provi4 sions extending middle-class tax cuts or AMT relief 

5 shall trigger the current policy adjustment required 

6 by this Act if those provisions extend one or more 

7 of the following provisions— 

8 (A) AMT relief for calendar year 2010 and 

9 subsequent years in such a manner that the 

10 number of AMT taxpayers is not estimated to 

11 exceed the number of AMT taxpayers in tax 

12 year 2008 in any year through the tenth year 

13 after enactment; 

14 (B) the 10 percent bracket as in effect for 

15 tax year 2010, as provided for under section 

16 101(a) of the Economic Growth and Tax Relief 

17 Reconciliation Act of 2001 and any later 

18 amendments through July 15, 2009; 

19 (C) the child tax credit as in effect for tax 

20 year 2010, as provided for under section 201 of 

21 the Economic Growth and Tax Relief Reconcili22 ation Act and any later amendments through 

23 July 15, 2009; 

24 (D) tax benefits for married couples as in 

25 effect for tax year 2010, as provided for under 


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1 title III of the Economic Growth and Tax Relief 

2 Reconciliation Act and any later amendments 

3 through July 15, 2009; 

4 (E) the adoption credit as in effect in tax 

5 year 2010, as provided for under section 202 of 

6 the Economic Growth and Tax Relief Reconcili7 ation Act of 2001 and any later amendments 

8 through July 15, 2009; 

9 (F) the dependent care credit as in effect 

10 in tax year 2010, as provided for under section 

11 204 of the Economic Growth and Tax Relief 

12 Reconciliation Act of 2001 and any later 

13 amendments through July 15, 2009; 

14 (G) the employer-provided child care credit 

15 as in effect in tax year 2010, as provided for 

16 under section 205 of the Economic Growth and 

17 Tax Relief Reconciliation Act of 2001 and any 

18 later amendments through July 15, 2009; 

19 (H) the education tax benefits as in effect 

20 in tax year 2010, as provided for under title IV 

21 of the Economic Growth and Tax Relief Rec22 onciliation Act of 2001 and any later amend23 ments through July 15, 2009; 

24 (I) the 25 and 28 percent brackets as in 

25 effect for tax year 2010, as provided for under 


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1 section 101(a) of the Economic Growth and 

2 Tax Relief Reconciliation Act of 2001 and any 

3 later amendments through July 15, 2009; and 

4 (J) the 33 percent brackets as in effect for 

5 tax year 2010, as provided for under section 

6 101(a) of the Economic Growth and Tax Relief 

7 Reconciliation Act of 2001 and any later 

8 amendment affecting taxpayers with taxable in9 come of $200,000 or less for individuals and 

10 $250,000 or less for couples in calendar year 

11 2010 and increased in each subsequent year by 

12 an amount equal to the cost of living adjust13 ment determined under section 1(f)(3) of the 

14 Internal Revenue Code of 1986 for the calendar 

15 year in which the taxable year begins, deter16 mined by substituting ‘‘calendar year 2008’’ for 

17 ‘‘calendar year 1992’’ in subparagraph (B) 

18 thereof. 

19 (2) ADJUSTMENT.—The amount of the max20 imum current policy adjustment shall be the dif21 ference between what total revenues would have been 

22 under the Internal Revenue Code of 1986 (as sched23 uled on July 15, 2009, to be in effect) and what rev24 enues would be if legislation— 


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1 (A) permanently extending the AMT ex2 emption and brackets in effect in tax year 2009 

3 but increased in tax year 2010 and each subse4 quent tax year as indicated under subsection 

5 (d)(2)(B), along with any additional amount 

6 necessary to prevent the number of taxpayers 

7 who must pay AMT from increasing; and 

8 (B) permanently extending the provisions 

9 identified in paragraph (1), 

10 were enacted on the same day as the legislation re11 ferred to in paragraph (1). 

12 SEC. 8. APPLICATION OF BBEDCA. 

13 For purposes of this Act— 

14 (1) notwithstanding section 275 of BBEDCA, 

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

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

17 the provisions of this Act; 

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

19 274 to ‘‘this part’’ or ‘‘this title’’ shall be interpreted 

20 as applying to this Act; 

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

22 274 of BBEDCA to ‘‘section 254’’ shall be inter23 preted as referencing section 5 of this Act; 


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

2 to ‘‘section 252 or 253’’ shall be interpreted as ref3 erencing section 5 of this Act; 

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

5 BBEDCA to ‘‘section 252 or 253’’ shall be inter6 preted as referencing section 6 of this Act; 

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

8 BBEDCA to ‘‘section 252 or 253’’ shall be inter9 preted as referencing section 5 of this Act; 

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

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

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

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

14 referencing section 4 of this Act. 

15 SEC. 9. TECHNICAL CORRECTIONS. 

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

17 striking ‘‘the expenses the Federal deposit insurance agen18 cies’’ and inserting ‘‘the expenses of the Federal deposit 

19 insurance agencies’’. 

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

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

22 (6)’’. 

23 SEC. 10. CONFORMING AMENDMENTS. 

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


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1 (b) Section 256(b) of BBEDCA is amended by strik2 ing ‘‘origination fees under sections 438(c)(2) and 455(c) 

3 of that Act shall each be increased by 0.50 percentage 

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

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

6 processing and issuance fees under section 

7 428(f)(1)(A)(ii) of that Act shall each be increased by the 

8 uniform percentage specified in that sequestration order, 

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

10 sequestration, special allowance payments under section 

11 438(b) of that Act accruing during the period of the se12 questration shall be reduced by the uniform percentage 

13 specified in that sequestration order.’’. 

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

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

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

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

18 (2) by amending paragraph (1) to read as fol19 lows: 

20 ‘‘(1) CALCULATION OF REDUCTION IN PAYMENT

21 AMOUNTS.—To achieve the total percentage reduc22 tion in those programs required by section 252 or 

23 253, subject to paragraph (2), and notwithstanding 

24 section 710 of the Social Security Act, OMB shall 

25 determine, and the applicable Presidential order 


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1 under section 254 shall implement, the percentage 

2 reduction that shall apply, with respect to the health 

3 insurance programs under title XVIII of the Social 

4 Security Act— 

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

6 title, to individual payments for services fur7 nished during the one-year period beginning on 

8 the first day of the first month beginning after 

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

10 date specified in paragraph (4)); and 

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

12 monthly payments under contracts under such 

13 parts for the same one-year period; 

14 such that the reduction made in payments under 

15 that order shall achieve the required total percentage 

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

17 (3) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2) UNIFORM REDUCTION RATE; MAXIMUM

20 PERMISSIBLE REDUCTION.—Reductions in payments 

21 for programs and activities under such title XVIII 

22 pursuant to a sequestration order under section 254 

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

24 percent, across all such programs and activities sub25 ject to such order.’’; 


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1 (4) by inserting after paragraph (3), as redesig2 nated, the following: 

3 ‘‘(4) TIMING OF SUBSEQUENT SEQUESTRATION

4 ORDER.—A sequestration order required by section 

5 252 or 253 with respect to programs under such 

6 title XVIII shall not take effect until the first month 

7 beginning after the end of the effective period of any 

8 prior sequestration order with respect to such pro9 grams, as determined in accordance with paragraph 

10 (1).’’; 

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

12 as follows: 

13 ‘‘(6) SEQUESTRATION DISREGARDED IN COM14 PUTING PAYMENT AMOUNTS.—The Secretary of 

15 Health and Human Services shall not take into ac16 count any reductions in payment amounts which 

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

18 purposes of computing any adjustments to payment 

19 rates under such title XVIII, specifically including— 

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

21 section 1853(c)(6); 

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

23 section 1860D–2(b)(6); and 


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

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

3 and 

4 (6) by adding after paragraph (6), as redesig5 nated, the following: 

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

7 addition to the programs and activities specified in 

8 section 255, the following shall be exempt from se9 questration under this part: 

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

11 Premium and cost-sharing subsidies under sec12 tion 1860D–14 of the Social Security Act. 

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

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

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

16 ‘‘(C) QUALIFIED INDIVIDUAL (QI) PRE17 MIUMS.—Payments to States for coverage of 

18 Medicare cost-sharing for certain low-income 

19 Medicare beneficiaries under section 1933 of 

20 the Social Security Act.’’. 

21 SEC. 11. EXEMPT PROGRAMS AND ACTIVITIES. 

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

23 amended by redesignating subsection (i) as (j) and strik24 ing ‘‘1998’’ and inserting in lieu thereof ‘‘2010’’. 


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1 (b) SOCIAL SECURITY, VETERANS PROGRAMS, NET

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

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

4 follows: 

5 ‘‘(a) SOCIAL SECURITY BENEFITS AND TIER I RAIL6 ROAD RETIREMENT BENEFITS.—Benefits payable under 

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

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

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

10 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45 

11 United States Code, shall be exempt from reduction under 

12 any order issued under this part. 

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

14 shall be exempt from reduction under any order issued 

15 under this part— 

16 ‘‘All programs administered by the Department 

17 of Veterans Affairs. 

18 ‘‘Special Benefits for Certain World War II 

19 Veterans (28–0401–0–1–701). 

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

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

22 be made under any order issued under this part. 

23 ‘‘(d) REFUNDABLE INCOME TAX CREDITS.—Pay24 ments to individuals made pursuant to provisions of the 

25 Internal Revenue Code of 1986 establishing refundable 


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1 tax credits shall be exempt from reduction under any order 

2 issued under this part.’’. 

3 (c) OTHER PROGRAMS AND ACTIVITIES, LOW-IN4 COME PROGRAMS, AND ECONOMIC RECOVERY PRO5 GRAMS.—Subsections (g) and (h) of section 255 of 

6 BBEDCA are amended to read as follows: 

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

8 ‘‘(1)(A) The following budget accounts and ac9 tivities shall be exempt from reduction under any 

10 order issued under this part: 

11 ‘‘Activities resulting from private dona12 tions, bequests, or voluntary contributions to 

13 the Government. 

14 ‘‘Activities financed by voluntary payments 

15 to the Government for goods or services to be 

16 provided for such payments. 

17 ‘‘Administration of Territories, Northern 

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

19 1–808). 

20 ‘‘Advances to the Unemployment Trust 

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

22 ‘‘Black Lung Disability Trust Fund Refi23 nancing (16–0329–0–1–601). 

24 ‘‘Bonneville Power Administration Fund 

25 and borrowing authority established pursuant 


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

2 amended (89–4045–0–3–271). 

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

4 1895–0–1–808). 

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

6 0–1–808). 

7 ‘‘Compensation of the President (11– 

8 0209–01–1–802). 

9 ‘‘Comptroller of the Currency, Assessment 

10 Funds (20–8413–0–8–373). 

11 ‘‘Continuing Fund, Southeastern Power 

12 Administration (89–5653–0–2–271). 

13 ‘‘Continuing Fund, Southwestern Power 

14 Administration (89–5649–0–2–271). 

15 ‘‘Dual Benefits Payments Account (60– 

16 0111–0–1–601). 

17 ‘‘Emergency Fund, Western Area Power 

18 Administration (89–5069–0–2–271). 

19 ‘‘Exchange Stabilization Fund (20–4444– 

20 0–3–155). 

21 ‘‘Federal Deposit Insurance Corporation, 

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

23 ‘‘Federal Deposit Insurance Corporation, 

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


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1 ‘‘Federal Deposit Insurance Corporation, 

2 Noninterest Bearing Transaction Account 

3 Guarantee (51–4458–0–3–373). 

4 ‘‘Federal Deposit Insurance Corporation, 

5 Senior Unsecured Debt Guarantee (51–4457– 

6 0–3–373). 

7 ‘‘Federal Housing Finance Agency, Admin8 istrative Expenses (95–5532–0–2–371). 

9 ‘‘Federal Payment to the District of Co10 lumbia Judicial Retirement and Survivors An11 nuity Fund (20–1713–0–1–752). 

12 ‘‘Federal Payment to the District of Co13 lumbia Pension Fund (20–1714–0–1–601). 

14 ‘‘Federal Payments to the Railroad Retire15 ment Accounts (60–0113–0–1–601). 

16 ‘‘Federal Reserve Bank Reimbursement 

17 Fund (20–1884–0–1–803). 

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

19 803). 

20 ‘‘Foreign Military Sales Trust Fund (11– 

21 8242–0–7–155). 

22 ‘‘Hazardous Waste Management, Con23 servation Reserve Program (12–4336–0–3– 

24 999). 


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1 ‘‘Host Nation Support Fund for Relocation 

2 (97–8337–0–7–051). 

3 ‘‘Internal Revenue Collections for Puerto 

4 Rico (20–5737–0–2–806). 

5 ‘‘Intragovernmental funds, including those 

6 from which the outlays are derived primarily 

7 from resources paid in from other government 

8 accounts, except to the extent such funds are 

9 augmented by direct appropriations for the fis10 cal year during which an order is in effect. 

11 ‘‘Medical Facilities Guarantee and Loan 

12 Fund (75–9931–0–3–551). 

13 ‘‘National Credit Union Administration, 

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

15 ‘‘National Credit Union Administration, 

16 Corporate Credit Union Share Guarantee Pro17 gram (25–4476–0–3–376). 

18 ‘‘National Credit Union Administration, 

19 Credit Union Homeowners Affordability Relief 

20 Program (25–4473–0–3–371). 

21 ‘‘National Credit Union Administration, 

22 Credit Union Share Insurance Fund (25–4468– 

23 0–3–373). 


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1 ‘‘National Credit Union Administration, 

2 Credit Union System Investment Program (25– 

3 4474–0–3–376). 

4 ‘‘National Credit Union Administration, 

5 Operating fund (25–4056–0–3–373). 

6 ‘‘National Credit Union Administration, 

7 Share Insurance Fund Corporate Debt Guar8 antee Program (25–4469–0–3–376). 

9 ‘‘National Credit Union Administration, 

10 U.S. Central Federal Credit Union Capital Pro11 gram (25–4475–0–3–376). 

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

13 3–373). 

14 ‘‘Panama Canal Commission Compensation 

15 Fund (16–5155–0–2–602). 

16 ‘‘Payment of Vietnam and USS Pueblo 

17 prisoner-of-war claims within the Salaries and 

18 Expenses, Foreign Claims Settlement account 

19 (15–0100–0–1–153). 

20 ‘‘Payment to Civil Service Retirement and 

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

22 ‘‘Payment to Department of Defense Medi23 care-Eligible Retiree Health Care Fund (97– 

24 0850–0–1–054). 


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1 ‘‘Payment to Judiciary Trust Funds (10– 

2 0941–0–1–752). 

3 ‘‘Payment to Military Retirement Fund 

4 (97–0040–0–1–054). 

5 ‘‘Payment to the Foreign Service Retire6 ment and Disability Fund (19–0540–0–1–153). 

7 ‘‘Payments to Copyright Owners (03– 

8 5175–0–2–376). 

9 ‘‘Payments to Health Care Trust Funds 

10 (75–0580–0–1–571). 

11 ‘‘Payment to Radiation Exposure Com12 pensation Trust Fund (15–0333–0–1–054). 

13 ‘‘Payments to Social Security Trust Funds 

14 (28–0404–0–1–651). 

15 ‘‘Payments to the United States Terri16 tories, Fiscal Assistance (14–0418–0–1–806). 

17 ‘‘Payments to trust funds from excise 

18 taxes or other receipts properly creditable to 

19 such trust funds. 

20 ‘‘Payments to widows and heirs of de21 ceased Members of Congress (00–0215–0–1– 

22 801). 

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

24 ‘‘Radiation Exposure Compensation Trust 

25 Fund (15–8116–0–1–054). 


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1 ‘‘Reimbursement to Federal Reserve Banks 

2 (20–0562–0–1–803). 

3 ‘‘Salaries of Article III judges. 

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

5 claims (84–8930–0–7–705). 

6 ‘‘Tennessee Valley Authority Fund, except 

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

8 3–999). 

9 ‘‘Tribal and Indian trust accounts within 

10 the Department of the Interior which fund 

11 prior legal obligations of the Government or 

12 which are established pursuant to Acts of Con13 gress regarding Federal management of tribal 

14 real property or other fiduciary responsibilities, 

15 including but not limited to Tribal Special 

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

17 (14–8030–0–7–452), White Earth Settlement 

18 (14–2204–0–1–452), and Indian Water Rights 

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

20 ‘‘United Mine Workers of America 1992 

21 Benefit Plan (95–8260–0–7–551). 

22 ‘‘United Mine Workers of America 1993 

23 Benefit Plan (95–8535–0–7–551). 

24 ‘‘United Mine Workers of America Com25 bined Benefit Fund (95–8295–0–7–551). 


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1 ‘‘United States Enrichment Corporation 

2 Fund (95–4054–0–3–271). 

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

4 376). 

5 ‘‘Vaccine Injury Compensation (75–0320– 

6 0–1–551). 

7 ‘‘Vaccine Injury Compensation Program 

8 Trust Fund (20–8175–0–7–551). 

9 ‘‘(B) The following Federal retirement and dis10 ability accounts and activities shall be exempt from 

11 reduction under any order issued under this part: 

12 ‘‘Black Lung Disability Trust Fund (20– 

13 8144–0–7–601). 

14 ‘‘Central Intelligence Agency Retirement 

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

16 054). 

17 ‘‘Civil Service Retirement and Disability 

18 Fund (24–8135–0–7–602). 

19 ‘‘Comptrollers general retirement system 

20 (05–0107–0–1–801). 

21 ‘‘Contributions to U.S. Park Police annu22 ity benefits, Other Permanent Appropriations 

23 (14–9924–0–2–303). 

24 ‘‘Court of Appeals for Veterans Claims Re25 tirement Fund (95–8290–0–7–705). 


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1 ‘‘Department of Defense Medicare-Eligible 

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

3 ‘‘District of Columbia Federal Pension 

4 Fund (20–5511–0–2–601). 

5 ‘‘District of Columbia Judicial Retirement 

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

7 602). 

8 ‘‘Energy Employees Occupational Illness 

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

10 ‘‘Foreign National Employees Separation 

11 Pay (97–8165–0–7–051). 

12 ‘‘Foreign Service National Defined Con13 tributions Retirement Fund (19–5497–0–2– 

14 602). 

15 ‘‘Foreign Service National Separation Li16 ability Trust Fund (19–8340–0–7–602). 

17 ‘‘Foreign Service Retirement and Dis18 ability Fund(19–8186–0–7–602). 

19 ‘‘Government Payment for Annuitants, 

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

21 551). 

22 ‘‘Government Payment for Annuitants, 

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

24 ‘‘Judicial Officers’ Retirement Fund (10– 

25 8122–0–7–602). 


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1 ‘‘Judicial Survivors’ Annuities Fund (10– 

2 8110–0–7–602). 

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

4 7–602). 

5 ‘‘National Railroad Retirement Investment 

6 Trust (60–8118–0–7–601). 

7 ‘‘National Oceanic and Atmospheric Ad8 ministration retirement (13–1450–0–1–306). 

9 ‘‘Pensions for former Presidents (47– 

10 0105–0–1–802). 

11 ‘‘Postal Service Retiree Health Benefits 

12 Fund (24–5391–0–2–551). 

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

14 0–1–754). 

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

16 0–7–601). 

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

18 1–403). 

19 ‘‘Retirement Pay and Medical Benefits for 

20 Commissioned Officers, Public Health Service 

21 (75–0379–0–1–551). 

22 ‘‘Special Benefits for Disabled Coal Miners 

23 (16–0169–0–1–601). 

24 ‘‘Special Benefits, Federal Employees’ 

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


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1 ‘‘Special Workers Compensation Expenses 

2 (16–9971–0–7–601). 

3 ‘‘Tax Court Judges Survivors Annuity 

4 Fund (23–8115–0–7–602). 

5 ‘‘United States Court of Federal Claims 

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

7 ‘‘United States Secret Service, DC Annuity 

8 (70–0400–0–1–751). 

9 ‘‘Voluntary Separation Incentive Fund 

10 (97–8335–0–7–051). 

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

12 in the following budget accounts and activities shall 

13 be exempt from any order issued under this part: 

14 ‘‘Biomass Energy Development (20–0114– 

15 0–1–271). 

16 ‘‘Check Forgery Insurance Fund (20– 

17 4109–0–3–803). 

18 ‘‘Credit liquidating accounts. 

19 ‘‘Credit reestimates. 

20 ‘‘Employees Life Insurance Fund (24– 

21 8424–0–8–602). 

22 ‘‘Federal Aviation Insurance Revolving 

23 Fund (69–4120–0–3–402). 

24 ‘‘Federal Crop Insurance Corporation 

25 Fund (12–4085–0–3–351). 


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1 ‘‘Federal Emergency Management Agency, 

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

3 3–453). 

4 ‘‘Federal Home Loan Mortgage Corpora5 tion (Freddie Mac). 

6 ‘‘Federal National Mortgage Corporation 

7 (Fannie Mae). 

8 ‘‘Geothermal resources development fund 

9 (89–0206–0–1–271). 

10 ‘‘Low-Rent Public Housing—Loans and 

11 Other Expenses (86–4098–0–3–604). 

12 ‘‘Maritime Administration, War Risk In13 surance Revolving Fund (69–4302–0–3–403). 

14 ‘‘Natural Resource Damage Assessment 

15 Fund (14–1618–0–1–302). 

16 ‘‘Overseas Private Investment Corporation, 

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

18 ‘‘Pension Benefit Guaranty Corporation 

19 Fund (16–4204–0–3–601). 

20 ‘‘San Joaquin Restoration Fund (14– 

21 5537–0–2–301). 

22 ‘‘Servicemembers’ Group Life Insurance 

23 Fund (36–4009–0–3–701). 

24 ‘‘Terrorism Insurance Program (20–0123– 

25 0–1–376). 


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1 ‘‘(h) LOW-INCOME PROGRAMS.—The following pro2 grams shall be exempt from reduction under any order 

3 issued under this part: 

4 ‘‘Academic Competitiveness/Smart Grant Pro5 gram (91–0205–0–1–502). 

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

7 0–1–609). 

8 ‘‘Child Enrollment Contingency Fund (75– 

9 5551–0–2–551). 

10 ‘‘Child Nutrition Programs (with the exception 

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

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

13 0–1–551). 

14 ‘‘Commodity Supplemental Food Program (12– 

15 3507–0–1–605). 

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

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

18 609). 

19 ‘‘Federal Pell Grants under section 401 Title 

20 IV of the Higher Education Act. 

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

22 551). 

23 ‘‘Payments for Foster Care and Permanency 

24 (75–1545–0–1–609). 


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1 ‘‘Supplemental Nutrition Assistance Program 

2 (12–3505–0–1–605). 

3 ‘‘Supplemental Security Income Program (28– 

4 0406–0–1–609). 

5 ‘‘Temporary Assistance for Needy Families 

6 (75–1552–0–1–609).’’. 

7 (d) ECONOMIC RECOVERY PROGRAMS.—Section 255 

8 of BBEDCA is amended by adding the following after 

9 subsection (h): 

10 ‘‘(i) ECONOMIC RECOVERY PROGRAMS.—The fol11 lowing programs shall be exempt from reduction under 

12 any order issued under this part: 

13 ‘‘All programs enacted in, or increases in pro14 grams provided by, the American Recovery and Re15 investment Act of 2009. 

16 ‘‘Exchange Stabilization Fund-Money Market 

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

18 376). 

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

20 1–376). 

21 ‘‘GSE Mortgage-Backed Securities Purchase 

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

23 ‘‘GSE Preferred Stock Purchase Agreements 

24 (20–0125–0–1–371). 


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

2 376). 

3 ‘‘Special Inspector General for the Troubled 

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

5 ‘‘Troubled Asset Relief Program Account (20– 

6 0132–0–1–376). 

7 ‘‘Troubled Asset Relief Program Equity Pur8 chase Program (20–0134–0–1–376). 

9 ‘‘Troubled Asset Relief Program, Home Afford10 able Modification Program (20–0136–0–1–604).’’. 

Passed the House of Representatives July 22, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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