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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Statutory Pay-As-You-Go Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. PURPOSE. 
The purpose of this Act is to reestablish a statutory 
procedure to enforce a rule of budget neutrality on new 
revenue and direct spending legislation. 
SEC. 3. DEFINITIONS. 
As used in this Act— 
(1) The term ‘‘BBEDCA’’ means the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
(2) The definitions set forth in section 3 of the 
Congressional Budget and Impoundment Control 
Act of 1974 and in section 250 of BBEDCA shall 
apply to this Act, except to the extent that they are 
specifically modified as follows: 
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(A) The term ‘‘outyear’’ means a fiscal 
year that occurs one or more years after the 
budget year. 
(B) In section 250(c)(8)(C), the reference 
to the food stamp program shall be deemed to 
be a reference to the Supplemental Nutrition 
Assistance Program. 
(3) The term ‘‘AMT’’ means the Alternative 
Minimum Tax for individuals under sections 55–59 
of the Internal Revenue Code of 1986, the term 
‘‘EGTRRA’’ means the Economic Growth and Tax 
Relief Reconciliation Act of 2001 (Public Law 107– 
16), and the term ‘‘JGTRRA’’ means the Jobs and 
Growth Tax Relief and Reconciliation Act of 2003 
(Public Law 108–27). 
(4)(A) The term ‘‘budgetary effects’’ means the 
amounts by which PAYGO legislation changes direct 
spending or revenues relative to the baseline and 
shall be determined on the basis of estimates in-
cluded by reference in the PAYGO Act or prepared 
under section 4(d)(3), as applicable. Budgetary ef-
fects that increase direct spending or decrease reve-
nues are termed ‘‘costs’’ and budgetary effects that 
increase revenues or decrease direct spending are 
termed ‘‘savings’’. 
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(B) For purposes of these definitions, off-budg-
et effects shall be counted as budgetary effects un-
less such changes flow directly from amendments to 
title II of the Social Security Act and related provi-
sions of the Internal Revenue Code of 1986 and debt 
service effects shall not be counted as budgetary ef-
fects. 
(C) Solely for purposes of recording entries on 
a PAYGO scorecard, provisions in appropriations 
Acts are also considered to be budgetary effects for 
purposes of this Act if such provisions make outyear 
modifications to substantive law, except that provi-
sions for which the outlay effects net to zero over a 
period consisting of the current year, the budget 
year, and the 4 subsequent years shall not be consid-
ered budgetary effects. For purposes of this para-
graph, the term, ‘‘modifications to substantive law’’ 
refers to changes to or restrictions on entitlement 
law or other mandatory spending contained in ap-
propriations Acts, notwithstanding section 250(c)(8) 
of BBEDCA. Provisions in appropriations Acts that 
are neither outyear modifications to substantive law 
nor changes in revenues have no budgetary effects 
for purposes of this Act. 
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(D) If a provision is designated as an emer-
gency requirement under this Act and is also des-
ignated as an emergency requirement under the ap-
plicable rules of the House of Representatives, CBO 
shall not include the cost of such a provision in its 
estimate of the PAYGO legislation’s budgetary ef-
fects. 
(5) The term ‘‘debit’’ refers to the net total 
amount, when positive, by which costs recorded on 
the PAYGO scorecards for a fiscal year exceed sav-
ings recorded on those scorecards for that year. 
(6) The term ‘‘entitlement law’’ refers to a sec-
tion of law which provides entitlement authority. 
(7) The term ‘‘PAYGO legislation’’ or a 
‘‘PAYGO Act’’ refers to a bill or joint resolution 
that affects direct spending or revenue relative to 
the baseline. The budgetary effects of changes in 
revenues and outyear modifications to substantive 
law included in appropriation Acts as defined in 
paragraph (4) shall be treated as if they were con-
tained in PAYGO legislation. 
(8) The term ‘‘timing shift’’ refers to a delay of 
the date on which direct spending would otherwise 
occur from the ninth outyear to the tenth outyear or 
an acceleration of the date on which revenues would 
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otherwise occur from the tenth outyear to the ninth 
outyear. 
SEC. 4. PAYGO ESTIMATES AND PAYGO SCORECARDS. 
(a) PAYGO ESTIMATES.—(1) A PAYGO Act shall in-
clude by reference an estimate of its budgetary effects as 
determined under section 308(a)(3) of the Congressional 
Budget Act of 1974, if timely submitted for printing in 
the Congressional Record by the chairs of the Committees 
on the Budget of the House of Representatives and the 
Senate, as applicable, before the vote on the PAYGO legis-
lation. The Clerk of the House or the Secretary of the 
Senate, as applicable, shall also incorporate by reference 
such estimate printed in the relevant portion of the Con-
gressional Record under section 308(a)(3) of the Congres-
sional Budget Act of 1974 into the enrollment of a 
PAYGO Act. Budgetary effects that are not so included 
shall be determined under section 4(d)(3). 
(2)(A) Section 308(a) of the Congressional Budget 
Act of 1974 is amended by adding at the end the following 
new paragraph: 
‘‘(3) CBO PAYGO ESTIMATES.—Before a vote in 
either House on a PAYGO Act that, if determined 
in the affirmative, would clear such Act for enroll-
ment, the chairs of the Committees on the Budget 
of the House and Senate, as applicable, shall request 
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from the Director of the Congressional Budget Of-
fice an estimate of the budgetary effects of such Act 
under the Statutory Pay-As-You-Go Act of 2009. If 
such an estimate is timely provided, the chairs of the 
Committees on the Budget of the House of Rep-
resentatives and the Senate shall post such estimate 
on their respective committee websites and cause it 
to be printed in the Congressional Record under the 
heading ‘PAYGO ESTIMATE’. For purposes of this 
section, the Director of the Congressional Budget 
Office shall not count timing shifts in his estimates 
of the budgetary effects of PAYGO legislation (as 
defined in section 3 of the Statutory Pay-As-You-Go 
Act of 2009).’’. 
(B) The side heading of section 308(a) of the Con-
gressional Budget Act of 1974 is amended by striking 
‘‘REPORTS ON’’. 
(b) Section 308 of the Congressional Budget Act of 
1974 is amended by adding at the end the following new 
subsection: 
‘‘(d) SCOREKEEPING GUIDELINES.—The Director of 
the Congressional Budget Office shall provide estimates 
under this section in accordance with the scorekeeping 
guidelines determined under section 252(d)(5) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
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Upon agreement, the chairs of the Committees on the 
Budget of the House of Representatives and the Senate 
shall submit updates to such guidelines for printing in the 
Congressional Record.’’. 
(c) CURRENT POLICY ADJUSTMENTS FOR CERTAIN 
LEGISLATION.—For purposes of calculating budgetary ef-
fects under this Act, CBO shall adjust its estimates as 
described below for any provision of legislation designated 
as meeting the criteria in subsection (b), (c), or (d) of 
section 7 and which the chairman of the Committee on 
the Budget of the House of Representatives or the Senate, 
as applicable, designates as meeting those criteria. A sin-
gle piece of legislation may contain provisions designated 
as meeting criteria in more than one of the subsections 
listed above. For appropriately designated provisions, 
CBO shall exclude from its estimates for purposes of this 
Act any costs of a provision to the extent that those costs, 
when combined with all other excluded costs of any other 
previously designated provisions of enacted legislation 
under the same subsection of section 7, do not exceed the 
maximum applicable current policy adjustment defined 
under the applicable subsection of section 7 for the appli-
cable 10-year period, using the most recent baseline esti-
mates supplied by the Congressional Budget Office con-
sistent with section 257 of the Balanced Budget and 
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Emergency Deficit Control Act of 1985 used in consid-
ering a concurrent resolution on the budget; or, after the 
beginning of a new calendar year and before consideration 
of a concurrent resolution on the budget, using the most 
recent baseline estimates supplied by the Congressional 
Budget Office consistent with section 257 of the Balanced 
Budget and Emergency Deficit Control Act of 1985. CBO 
estimates of legislation containing a current policy des-
ignation under this subsection shall include a separate 
presentation of costs excluded from the calculation of 
budgetary effects for the legislation, as well as an updated 
total of all excluded costs of provisions within the same 
subsection of section 7. 
(d) OMB PAYGO SCORECARDS.— 
(1) IN
GENERAL.—OMB shall maintain and 
make publicly available a continuously updated docu-
ment containing two PAYGO scorecards displaying 
the budgetary effects of PAYGO legislation as deter-
mined under section 308 of the Congressional Budg-
et Act of 1974, applying the look-back requirement 
in subsection (e) and the averaging requirement in 
subsection (f), and a separate addendum displaying 
the estimates of the costs of provisions designated in 
statute as emergency requirements. 
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(2) ESTIMATES
IN
LEGISLATION.—Except as 
provided in paragraph (3), in making the calcula-
tions for the PAYGO scorecards, OMB shall use the 
budgetary effects included by reference in the appli-
cable legislation. 
(3) OMB ESTIMATES.—If legislation does not 
contain the estimate of budgetary effects under 
paragraph (2), then OMB shall score the budgetary 
effects of that legislation upon its enactment, based 
on the approaches to scorekeeping set forth in this 
Act. 
(4) 5-YEAR
SCORECARD.—The first scorecard 
shall display the budgetary effects of PAYGO legis-
lation in each year over the 5-year period beginning 
in the budget year. 
(5) 10-YEAR SCORECARD.—The second score-
card shall display the budgetary effects of PAYGO 
legislation in each year over the 10-year period be-
ginning in the budget year. 
(e) LOOK-BACK TO CAPTURE CURRENT-YEAR EF-
FECTS.—For purposes of this section, OMB shall treat the 
budgetary effects of PAYGO legislation enacted during a 
session of Congress that occur during the current year as 
though they occurred in the budget year. 
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(f) AVERAGING USED
TO MEASURE COMPLIANCE 
OVER 5-YEAR AND 10-YEAR PERIODS.—OMB shall cumu-
late the budgetary effects of a PAYGO Act over the budg-
et year (which includes any look-back effects under sub-
section (e)) and— 
(1) for purposes of the 5-year scorecard re-
ferred to in subsection (d)(4), the four subsequent 
outyears, divide that cumulative total by five, and 
enter the quotient in the budget-year column and in 
each subsequent column of the 5-year PAYGO score-
card; and 
(2) for purposes of the 10-year scorecard re-
ferred to in subsection (d)(5), the nine subsequent 
outyears, divide that cumulative total by ten, and 
enter the quotient in the budget-year column and in 
each subsequent column of the 10-year PAYGO 
scorecard. 
SEC. 5. ANNUAL REPORT AND SEQUESTRATION ORDER. 
(a) ANNUAL REPORT.—Not later than 14 days (ex-
cluding weekends and holidays) after Congress adjourns 
to end a session, OMB shall make publicly available and 
cause to be printed in the Federal Register an annual 
PAYGO report. The report shall include an up-to-date 
document containing the PAYGO scorecards, a description 
of any current policy adjustments made under section 
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4(c), information about emergency legislation (if any) des-
ignated under section 3(4)(D), information about any se-
questration if required by subsection (b), and other data 
and explanations that enhance public understanding of 
this Act and actions taken under it. 
(b) SEQUESTRATION ORDER.—If the annual report 
issued at the end of a session of Congress under sub-
section (a) shows a debit on either PAYGO scorecard for 
the budget year, OMB shall prepare and the President 
shall issue and include in that report a sequestration order 
that, upon issuance, shall reduce budgetary resources of 
direct spending programs by enough to offset that debit 
as prescribed in section 6. If there is a debit on both score-
cards, the order shall fully offset the larger of the two 
debits. OMB shall include that order in the annual report 
and transmit it to the House of Representatives and the 
Senate. If the President issues a sequestration order, the 
annual report shall contain, for each budget account to 
be sequestered, estimates of the baseline level of budgetary 
resources subject to sequestration, the amount of budg-
etary resources to be sequestered, and the outlay reduc-
tions that will occur in the budget year and the subsequent 
fiscal year because of that sequestration. 
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SEC. 6. CALCULATING A SEQUESTRATION. 
(a) 
REDUCING
NONEXEMPT
BUDGETARY
RE-
SOURCES BY A UNIFORM PERCENTAGE.—OMB shall cal-
culate the uniform percentage by which the budgetary re-
sources of nonexempt direct spending programs are to be 
sequestered such that the outlay savings resulting from 
that sequestration, as calculated under subsection (b), 
shall offset the budget-year debit, if any on the applicable 
PAYGO scorecard. If the uniform percentage calculated 
under the prior sentence exceeds 4 percent, the Medicare 
programs described in section 256(d) of BBEDCA shall 
be reduced by 4 percent and the uniform percentage by 
which the budgetary resources of all other nonexempt di-
rect spending programs are to be sequestered shall be in-
creased, as necessary, so that the sequestration of Medi-
care and of all other nonexempt direct spending programs 
together produce the required outlay savings. 
(b) OUTLAY SAVINGS.—In determining the amount 
by which a sequestration offsets a budget-year debit, OMB 
shall count— 
(1) the amount by which the sequestration in a 
crop year of crop support payments, pursuant to 
section 256(j) of BBEDCA, reduces outlays in the 
budget year and the subsequent fiscal year; 
(2) the amount by which the sequestration of 
Medicare payments in the 12-month period following 
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the sequestration order, pursuant to section 256(d) 
of BBEDCA, reduces outlays in the budget year and 
the subsequent fiscal year; and 
(3) the amount by which the sequestration in 
the budget year of the budgetary resources of other 
nonexempt mandatory programs reduces outlays in 
the budget year and in the subsequent fiscal year. 
SEC. 7. CURRENT POLICY ADJUSTMENT TO THE CBO ESTI-
MATES. 
(a) PURPOSE.—The purpose of this section is to pro-
vide for adjustments of estimates of budgetary effects of 
PAYGO legislation for legislation affecting four areas of 
the budget— 
(1) payments made under section 1848 of the 
Social Security Act (titled Payment for Physicians’ 
Services); 
(2) the Estate and Gift Tax under subtitle B of 
the Internal Revenue Code of 1986; 
(3) the AMT; and 
(4) provisions of EGTRRA or JGTRRA that 
amended the Internal Revenue Code of 1986 (or 
provisions in later statutes further amending the 
amendments made by EGTRRA or JGTRRA), other 
than— 
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(A) the provisions of those two Acts that 
were made permanent by the Pension Protec-
tion Act of 2006 (Public Law 109–280); 
(B) amendments to the estate and gift tax 
referred to in paragraph (2); 
(C) the AMT referred to in paragraph (3); 
(D) the 35 percent bracket and that por-
tion of the 33 percent bracket that applies to 
taxable income greater than $200,000 for an 
individual and $250,000 for a couple; and 
(E) provisions in those two Acts relating to 
taxes rates on capital gains and dividends. 
(b) MEDICARE PAYMENTS TO PHYSICIANS.— 
(1) CRITERIA.—Legislation that includes provi-
sions amending or superseding the system of pay-
ments under section 1848 of the Social Security Act 
shall trigger the current policy adjustment required 
by this Act. 
(2) ADJUSTMENT.—The amount of the max-
imum current policy adjustment shall be the dif-
ference between— 
(A) estimated net outlays attributable to 
the payments made to physicians under that 
section of the Social Security Act (as scheduled 
on July 15, 2009, to be in effect); and 
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(B) what those net outlays would have 
been if the nominal payment rates and related 
parameters in effect for 2009 had been in effect 
thereafter without change. 
(c) ESTATE AND GIFT TAX.— 
(1) CRITERIA.—Legislation that includes provi-
sions amending the Estate and Gift Tax under sub-
title B of the Internal Revenue Code of 1986 shall 
trigger the current policy adjustment required by 
this Act. 
(2) ADJUSTMENT.—The amount of the max-
imum current policy adjustment shall be the dif-
ference between— 
(A) total revenues projected to be collected 
under the Internal Revenue Code of 1986 (as 
scheduled on July 15, 2009, to be in effect); 
and 
(B) what those revenue collections would 
have been if, on the date of enactment of the 
legislation meeting the criteria in paragraph 
(1), estate and gift tax law had instead been 
amended so that the tax rates, nominal exemp-
tion amounts, and related parameters in effect 
for tax year 2009 had remained in effect there-
after without change. 
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(d) PERMANENT EXTENSION OF MIDDLE-CLASS TAX 
CUTS AND AMT RELIEF.— 
(1) CRITERIA.—Legislation that includes provi-
sions extending middle-class tax cuts or AMT relief 
shall trigger the current policy adjustment required 
by this Act if those provisions extend one or more 
of the following provisions— 
(A) AMT relief for calendar year 2010 and 
subsequent years in such a manner that the 
number of AMT taxpayers is not estimated to 
exceed the number of AMT taxpayers in tax 
year 2008 in any year through the tenth year 
after enactment; 
(B) the 10 percent bracket as in effect for 
tax year 2010, as provided for under section 
101(a) of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 and any later 
amendments through July 15, 2009; 
(C) the child tax credit as in effect for tax 
year 2010, as provided for under section 201 of 
the Economic Growth and Tax Relief Reconcili-
ation Act and any later amendments through 
July 15, 2009; 
(D) tax benefits for married couples as in 
effect for tax year 2010, as provided for under 
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title III of the Economic Growth and Tax Relief 
Reconciliation Act and any later amendments 
through July 15, 2009; 
(E) the adoption credit as in effect in tax 
year 2010, as provided for under section 202 of 
the Economic Growth and Tax Relief Reconcili-
ation Act of 2001 and any later amendments 
through July 15, 2009; 
(F) the dependent care credit as in effect 
in tax year 2010, as provided for under section 
204 of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 and any later 
amendments through July 15, 2009; 
(G) the employer-provided child care credit 
as in effect in tax year 2010, as provided for 
under section 205 of the Economic Growth and 
Tax Relief Reconciliation Act of 2001 and any 
later amendments through July 15, 2009; 
(H) the education tax benefits as in effect 
in tax year 2010, as provided for under title IV 
of the Economic Growth and Tax Relief Rec-
onciliation Act of 2001 and any later amend-
ments through July 15, 2009; 
(I) the 25 and 28 percent brackets as in 
effect for tax year 2010, as provided for under 
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section 101(a) of the Economic Growth and 
Tax Relief Reconciliation Act of 2001 and any 
later amendments through July 15, 2009; and 
(J) the 33 percent brackets as in effect for 
tax year 2010, as provided for under section 
101(a) of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 and any later 
amendment affecting taxpayers with taxable in-
come of $200,000 or less for individuals and 
$250,000 or less for couples in calendar year 
2010 and increased in each subsequent year by 
an amount equal to the cost of living adjust-
ment determined under section 1(f)(3) of the 
Internal Revenue Code of 1986 for the calendar 
year in which the taxable year begins, deter-
mined by substituting ‘‘calendar year 2008’’ for 
‘‘calendar year 1992’’ in subparagraph (B) 
thereof. 
(2) ADJUSTMENT.—The amount of the max-
imum current policy adjustment shall be the dif-
ference between what total revenues would have been 
under the Internal Revenue Code of 1986 (as sched-
uled on July 15, 2009, to be in effect) and what rev-
enues would be if legislation— 
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(A) permanently extending the AMT ex-
emption and brackets in effect in tax year 2009 
but increased in tax year 2010 and each subse-
quent tax year as indicated under subsection 
(d)(2)(B), along with any additional amount 
necessary to prevent the number of taxpayers 
who must pay AMT from increasing; and 
(B) permanently extending the provisions 
identified in paragraph (1), 
were enacted on the same day as the legislation re-
ferred to in paragraph (1). 
SEC. 8. APPLICATION OF BBEDCA. 
For purposes of this Act— 
(1) notwithstanding section 275 of BBEDCA, 
the provisions of sections 255, 256, 257, and 274 of 
BBEDCA, as amended by this Act, shall apply to 
the provisions of this Act; 
(2) references in sections 255, 256, 257, and 
274 to ‘‘this part’’ or ‘‘this title’’ shall be interpreted 
as applying to this Act; 
(3) references in sections 255, 256, 257, and 
274 of BBEDCA to ‘‘section 254’’ shall be inter-
preted as referencing section 5 of this Act; 
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(4) the reference in section 256(b) of BBEDCA 
to ‘‘section 252 or 253’’ shall be interpreted as ref-
erencing section 5 of this Act; 
(5) the reference in section 256(d)(1) of 
BBEDCA to ‘‘section 252 or 253’’ shall be inter-
preted as referencing section 6 of this Act; 
(6) the reference in section 256(d)(4) of 
BBEDCA to ‘‘section 252 or 253’’ shall be inter-
preted as referencing section 5 of this Act; 
(7) section 256(k) of BBEDCA shall apply to 
a sequestration, if any, under this Act; and 
(8) references in section 257(e) of BBEDCA to 
‘‘section 251, 252, or 253’’ shall be interpreted as 
referencing section 4 of this Act. 
SEC. 9. TECHNICAL CORRECTIONS. 
(a) Section 250(c)(18) of BBEDCA is amended by 
striking ‘‘the expenses the Federal deposit insurance agen-
cies’’ and inserting ‘‘the expenses of the Federal deposit 
insurance agencies’’. 
(b) Section 256(k)(1) of BBEDCA is amended by 
striking ‘‘in paragraph (5)’’ and inserting ‘‘in paragraph 
(6)’’. 
SEC. 10. CONFORMING AMENDMENTS. 
(a) Section 256(a) of BBEDCA is repealed. 
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(b) Section 256(b) of BBEDCA is amended by strik-
ing ‘‘origination fees under sections 438(c)(2) and 455(c) 
of that Act shall each be increased by 0.50 percentage 
point.’’ and inserting in lieu thereof ‘‘origination fees 
under sections 438(c)(2) and (6) and 455(c) and loan 
processing 
and 
issuance 
fees 
under 
section 
428(f)(1)(A)(ii) of that Act shall each be increased by the 
uniform percentage specified in that sequestration order, 
and, for student loans originated during the period of the 
sequestration, special allowance payments under section 
438(b) of that Act accruing during the period of the se-
questration shall be reduced by the uniform percentage 
specified in that sequestration order.’’. 
(c) Section 256(c) of BBEDCA is repealed. 
(d) Section 256(d) of BBEDCA is amended— 
(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (5), and (6); 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) CALCULATION OF REDUCTION IN PAYMENT 
AMOUNTS.—To achieve the total percentage reduc-
tion in those programs required by section 252 or 
253, subject to paragraph (2), and notwithstanding 
section 710 of the Social Security Act, OMB shall 
determine, and the applicable Presidential order 
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under section 254 shall implement, the percentage 
reduction that shall apply, with respect to the health 
insurance programs under title XVIII of the Social 
Security Act— 
‘‘(A) in the case of parts A and B of such 
title, to individual payments for services fur-
nished during the one-year period beginning on 
the first day of the first month beginning after 
the date the order is issued (or, if later, the 
date specified in paragraph (4)); and 
‘‘(B) in the case of parts C and D, to 
monthly payments under contracts under such 
parts for the same one-year period; 
such that the reduction made in payments under 
that order shall achieve the required total percentage 
reduction in those payments for that period.’’; 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) UNIFORM
REDUCTION
RATE; MAXIMUM 
PERMISSIBLE REDUCTION.—Reductions in payments 
for programs and activities under such title XVIII 
pursuant to a sequestration order under section 254 
shall be at a uniform rate, which shall not exceed 4 
percent, across all such programs and activities sub-
ject to such order.’’; 
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(4) by inserting after paragraph (3), as redesig-
nated, the following: 
‘‘(4) TIMING OF SUBSEQUENT SEQUESTRATION 
ORDER.—A sequestration order required by section 
252 or 253 with respect to programs under such 
title XVIII shall not take effect until the first month 
beginning after the end of the effective period of any 
prior sequestration order with respect to such pro-
grams, as determined in accordance with paragraph 
(1).’’; 
(5) in paragraph (6), as redesignated, to read 
as follows: 
‘‘(6) SEQUESTRATION
DISREGARDED
IN
COM-
PUTING
PAYMENT
AMOUNTS.—The Secretary of 
Health and Human Services shall not take into ac-
count any reductions in payment amounts which 
have been or may be effected under this part, for 
purposes of computing any adjustments to payment 
rates under such title XVIII, specifically including— 
‘‘(A) the part C growth percentage under 
section 1853(c)(6); 
‘‘(B) the part D annual growth rate under 
section 1860D–2(b)(6); and 
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‘‘(C) application of risk corridors to part D 
payment rates under section 1860D–15(e).’’; 
and 
(6) by adding after paragraph (6), as redesig-
nated, the following: 
‘‘(7) EXEMPTIONS FROM SEQUESTRATION.—In 
addition to the programs and activities specified in 
section 255, the following shall be exempt from se-
questration under this part: 
‘‘(A) PART D LOW-INCOME SUBSIDIES.— 
Premium and cost-sharing subsidies under sec-
tion 1860D–14 of the Social Security Act. 
‘‘(B) PART D CATASTROPHIC SUBSIDY.— 
Payments under section 1860D–15(b) and 
(e)(2)(B) of the Social Security Act. 
‘‘(C) QUALIFIED
INDIVIDUAL
(QI)
PRE-
MIUMS.—Payments to States for coverage of 
Medicare cost-sharing for certain low-income 
Medicare beneficiaries under section 1933 of 
the Social Security Act.’’. 
SEC. 11. EXEMPT PROGRAMS AND ACTIVITIES. 
(a) DESIGNATIONS.—Section 255 of BBEDCA is 
amended by redesignating subsection (i) as (j) and strik-
ing ‘‘1998’’ and inserting in lieu thereof ‘‘2010’’. 
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(b) SOCIAL SECURITY, VETERANS PROGRAMS, NET 
INTEREST, AND TAX CREDITS.—Subsections (a) through 
(d) of section 255 of BBEDCA are amended to read as 
follows: 
‘‘(a) SOCIAL SECURITY BENEFITS AND TIER I RAIL-
ROAD RETIREMENT BENEFITS.—Benefits payable under 
the old-age, survivors, and disability insurance program 
established under title II of the Social Security Act (42 
U.S.C. 401 et seq.), and benefits payable under section 
231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45 
United States Code, shall be exempt from reduction under 
any order issued under this part. 
‘‘(b) VETERANS PROGRAMS.—The following program 
shall be exempt from reduction under any order issued 
under this part— 
‘‘All programs administered by the Department 
of Veterans Affairs. 
‘‘Special Benefits for Certain World War II 
Veterans (28–0401–0–1–701). 
‘‘(c) NET INTEREST.—No reduction of payments for 
net interest (all of major functional category 900) shall 
be made under any order issued under this part. 
‘‘(d) REFUNDABLE INCOME TAX CREDITS.—Pay-
ments to individuals made pursuant to provisions of the 
Internal Revenue Code of 1986 establishing refundable 
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tax credits shall be exempt from reduction under any order 
issued under this part.’’. 
(c) OTHER PROGRAMS
AND ACTIVITIES, LOW-IN-
COME
PROGRAMS, AND
ECONOMIC
RECOVERY
PRO-
GRAMS.—Subsections (g) and (h) of section 255 of 
BBEDCA are amended to read as follows: 
‘‘(g) OTHER PROGRAMS AND ACTIVITIES.— 
‘‘(1)(A) The following budget accounts and ac-
tivities shall be exempt from reduction under any 
order issued under this part: 
‘‘Activities resulting from private dona-
tions, bequests, or voluntary contributions to 
the Government. 
‘‘Activities financed by voluntary payments 
to the Government for goods or services to be 
provided for such payments. 
‘‘Administration of Territories, Northern 
Mariana Islands Covenant grants (14–0412–0– 
1–808). 
‘‘Advances to the Unemployment Trust 
Fund and Other Funds (16–0327–0–1–600). 
‘‘Black Lung Disability Trust Fund Refi-
nancing (16–0329–0–1–601). 
‘‘Bonneville Power Administration Fund 
and borrowing authority established pursuant 
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to section 13 of Public Law 93–454 (1974), as 
amended (89–4045–0–3–271). 
‘‘Claims, Judgments, and Relief Acts (20– 
1895–0–1–808). 
‘‘Compact of Free Association (14–0415– 
0–1–808). 
‘‘Compensation of the President (11– 
0209–01–1–802). 
‘‘Comptroller of the Currency, Assessment 
Funds (20–8413–0–8–373). 
‘‘Continuing Fund, Southeastern Power 
Administration (89–5653–0–2–271). 
‘‘Continuing Fund, Southwestern Power 
Administration (89–5649–0–2–271). 
‘‘Dual Benefits Payments Account (60– 
0111–0–1–601). 
‘‘Emergency Fund, Western Area Power 
Administration (89–5069–0–2–271). 
‘‘Exchange Stabilization Fund (20–4444– 
0–3–155). 
‘‘Federal Deposit Insurance Corporation, 
Deposit Insurance Fund (51–4596–4–4–373). 
‘‘Federal Deposit Insurance Corporation, 
FSLIC Resolution Fund (51–4065–0–3–373). 
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‘‘Federal Deposit Insurance Corporation, 
Noninterest 
Bearing 
Transaction 
Account 
Guarantee (51–4458–0–3–373). 
‘‘Federal Deposit Insurance Corporation, 
Senior Unsecured Debt Guarantee (51–4457– 
0–3–373). 
‘‘Federal Housing Finance Agency, Admin-
istrative Expenses (95–5532–0–2–371). 
‘‘Federal Payment to the District of Co-
lumbia Judicial Retirement and Survivors An-
nuity Fund (20–1713–0–1–752). 
‘‘Federal Payment to the District of Co-
lumbia Pension Fund (20–1714–0–1–601). 
‘‘Federal Payments to the Railroad Retire-
ment Accounts (60–0113–0–1–601). 
‘‘Federal Reserve Bank Reimbursement 
Fund (20–1884–0–1–803). 
‘‘Financial Agent Services (20–1802–0–1– 
803). 
‘‘Foreign Military Sales Trust Fund (11– 
8242–0–7–155). 
‘‘Hazardous Waste Management, Con-
servation Reserve Program (12–4336–0–3– 
999). 
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‘‘Host Nation Support Fund for Relocation 
(97–8337–0–7–051). 
‘‘Internal Revenue Collections for Puerto 
Rico (20–5737–0–2–806). 
‘‘Intragovernmental funds, including those 
from which the outlays are derived primarily 
from resources paid in from other government 
accounts, except to the extent such funds are 
augmented by direct appropriations for the fis-
cal year during which an order is in effect. 
‘‘Medical Facilities Guarantee and Loan 
Fund (75–9931–0–3–551). 
‘‘National Credit Union Administration, 
Central Liquidity Facility (25–4470–0–3–373). 
‘‘National Credit Union Administration, 
Corporate Credit Union Share Guarantee Pro-
gram (25–4476–0–3–376). 
‘‘National Credit Union Administration, 
Credit Union Homeowners Affordability Relief 
Program (25–4473–0–3–371). 
‘‘National Credit Union Administration, 
Credit Union Share Insurance Fund (25–4468– 
0–3–373). 
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‘‘National Credit Union Administration, 
Credit Union System Investment Program (25– 
4474–0–3–376). 
‘‘National Credit Union Administration, 
Operating fund (25–4056–0–3–373). 
‘‘National Credit Union Administration, 
Share Insurance Fund Corporate Debt Guar-
antee Program (25–4469–0–3–376). 
‘‘National Credit Union Administration, 
U.S. Central Federal Credit Union Capital Pro-
gram (25–4475–0–3–376). 
‘‘Office of Thrift Supervision (20–4108–0– 
3–373). 
‘‘Panama Canal Commission Compensation 
Fund (16–5155–0–2–602). 
‘‘Payment of Vietnam and USS Pueblo 
prisoner-of-war claims within the Salaries and 
Expenses, Foreign Claims Settlement account 
(15–0100–0–1–153). 
‘‘Payment to Civil Service Retirement and 
Disability Fund (24–0200–0–1–805). 
‘‘Payment to Department of Defense Medi-
care-Eligible Retiree Health Care Fund (97– 
0850–0–1–054). 
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‘‘Payment to Judiciary Trust Funds (10– 
0941–0–1–752). 
‘‘Payment to Military Retirement Fund 
(97–0040–0–1–054). 
‘‘Payment to the Foreign Service Retire-
ment and Disability Fund (19–0540–0–1–153). 
‘‘Payments to Copyright Owners (03– 
5175–0–2–376). 
‘‘Payments to Health Care Trust Funds 
(75–0580–0–1–571). 
‘‘Payment to Radiation Exposure Com-
pensation Trust Fund (15–0333–0–1–054). 
‘‘Payments to Social Security Trust Funds 
(28–0404–0–1–651). 
‘‘Payments to the United States Terri-
tories, Fiscal Assistance (14–0418–0–1–806). 
‘‘Payments to trust funds from excise 
taxes or other receipts properly creditable to 
such trust funds. 
‘‘Payments to widows and heirs of de-
ceased Members of Congress (00–0215–0–1– 
801). 
‘‘Postal Service Fund (18–4020–0–3–372). 
‘‘Radiation Exposure Compensation Trust 
Fund (15–8116–0–1–054). 
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‘‘Reimbursement to Federal Reserve Banks 
(20–0562–0–1–803). 
‘‘Salaries of Article III judges. 
‘‘Soldiers and Airmen’s Home, payment of 
claims (84–8930–0–7–705). 
‘‘Tennessee Valley Authority Fund, except 
nonpower programs and activities (64–4110–0– 
3–999). 
‘‘Tribal and Indian trust accounts within 
the Department of the Interior which fund 
prior legal obligations of the Government or 
which are established pursuant to Acts of Con-
gress regarding Federal management of tribal 
real property or other fiduciary responsibilities, 
including but not limited to Tribal Special 
Fund (14–5265–0–2–452), Tribal Trust Fund 
(14–8030–0–7–452), White Earth Settlement 
(14–2204–0–1–452), and Indian Water Rights 
and Habitat Acquisition (14–5505–0–2–303). 
‘‘United Mine Workers of America 1992 
Benefit Plan (95–8260–0–7–551). 
‘‘United Mine Workers of America 1993 
Benefit Plan (95–8535–0–7–551). 
‘‘United Mine Workers of America Com-
bined Benefit Fund (95–8295–0–7–551). 
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‘‘United States Enrichment Corporation 
Fund (95–4054–0–3–271). 
‘‘Universal Service Fund (27–5183–0–2– 
376). 
‘‘Vaccine Injury Compensation (75–0320– 
0–1–551). 
‘‘Vaccine Injury Compensation Program 
Trust Fund (20–8175–0–7–551). 
‘‘(B) The following Federal retirement and dis-
ability accounts and activities shall be exempt from 
reduction under any order issued under this part: 
‘‘Black Lung Disability Trust Fund (20– 
8144–0–7–601). 
‘‘Central Intelligence Agency Retirement 
and Disability System Fund (56–3400–0–1– 
054). 
‘‘Civil Service Retirement and Disability 
Fund (24–8135–0–7–602). 
‘‘Comptrollers general retirement system 
(05–0107–0–1–801). 
‘‘Contributions to U.S. Park Police annu-
ity benefits, Other Permanent Appropriations 
(14–9924–0–2–303). 
‘‘Court of Appeals for Veterans Claims Re-
tirement Fund (95–8290–0–7–705). 
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‘‘Department of Defense Medicare-Eligible 
Retiree Health Care Fund (97–5472–0–2–551). 
‘‘District of Columbia Federal Pension 
Fund (20–5511–0–2–601). 
‘‘District of Columbia Judicial Retirement 
and Survivors Annuity Fund (20–8212–0–7– 
602). 
‘‘Energy Employees Occupational Illness 
Compensation Fund (16–1523–0–1–053). 
‘‘Foreign National Employees Separation 
Pay (97–8165–0–7–051). 
‘‘Foreign Service National Defined Con-
tributions Retirement Fund (19–5497–0–2– 
602). 
‘‘Foreign Service National Separation Li-
ability Trust Fund (19–8340–0–7–602). 
‘‘Foreign Service Retirement and Dis-
ability Fund(19–8186–0–7–602). 
‘‘Government Payment for Annuitants, 
Employees Health Benefits (24–0206–0–1– 
551). 
‘‘Government Payment for Annuitants, 
Employee Life Insurance (24–0500–0–1–602). 
‘‘Judicial Officers’ Retirement Fund (10– 
8122–0–7–602). 
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‘‘Judicial Survivors’ Annuities Fund (10– 
8110–0–7–602). 
‘‘Military Retirement Fund (97–8097–0– 
7–602). 
‘‘National Railroad Retirement Investment 
Trust (60–8118–0–7–601). 
‘‘National Oceanic and Atmospheric Ad-
ministration retirement (13–1450–0–1–306). 
‘‘Pensions for former Presidents (47– 
0105–0–1–802). 
‘‘Postal Service Retiree Health Benefits 
Fund (24–5391–0–2–551). 
‘‘Public Safety Officer Benefits (15–0403– 
0–1–754). 
‘‘Rail Industry Pension Fund (60–8011– 
0–7–601). 
‘‘Retired Pay, Coast Guard (70–0602–0– 
1–403). 
‘‘Retirement Pay and Medical Benefits for 
Commissioned Officers, Public Health Service 
(75–0379–0–1–551). 
‘‘Special Benefits for Disabled Coal Miners 
(16–0169–0–1–601). 
‘‘Special Benefits, Federal Employees’ 
Compensation Act (16–1521–0–1–600). 
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‘‘Special Workers Compensation Expenses 
(16–9971–0–7–601). 
‘‘Tax Court Judges Survivors Annuity 
Fund (23–8115–0–7–602). 
‘‘United States Court of Federal Claims 
Judges’ Retirement Fund (10–8124–0–7–602). 
‘‘United States Secret Service, DC Annuity 
(70–0400–0–1–751). 
‘‘Voluntary Separation Incentive Fund 
(97–8335–0–7–051). 
‘‘(2) Prior legal obligations of the Government 
in the following budget accounts and activities shall 
be exempt from any order issued under this part: 
‘‘Biomass Energy Development (20–0114– 
0–1–271). 
‘‘Check Forgery Insurance Fund (20– 
4109–0–3–803). 
‘‘Credit liquidating accounts. 
‘‘Credit reestimates. 
‘‘Employees Life Insurance Fund (24– 
8424–0–8–602). 
‘‘Federal Aviation Insurance Revolving 
Fund (69–4120–0–3–402). 
‘‘Federal 
Crop 
Insurance 
Corporation 
Fund (12–4085–0–3–351). 
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‘‘Federal Emergency Management Agency, 
National Flood Insurance Fund (58–4236–0– 
3–453). 
‘‘Federal Home Loan Mortgage Corpora-
tion (Freddie Mac). 
‘‘Federal National Mortgage Corporation 
(Fannie Mae). 
‘‘Geothermal resources development fund 
(89–0206–0–1–271). 
‘‘Low-Rent Public Housing—Loans and 
Other Expenses (86–4098–0–3–604). 
‘‘Maritime Administration, War Risk In-
surance Revolving Fund (69–4302–0–3–403). 
‘‘Natural Resource Damage Assessment 
Fund (14–1618–0–1–302). 
‘‘Overseas Private Investment Corporation, 
Noncredit Account (71–4184–0–3–151). 
‘‘Pension Benefit Guaranty Corporation 
Fund (16–4204–0–3–601). 
‘‘San Joaquin Restoration Fund (14– 
5537–0–2–301). 
‘‘Servicemembers’ Group Life Insurance 
Fund (36–4009–0–3–701). 
‘‘Terrorism Insurance Program (20–0123– 
0–1–376). 
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‘‘(h) LOW-INCOME PROGRAMS.—The following pro-
grams shall be exempt from reduction under any order 
issued under this part: 
‘‘Academic Competitiveness/Smart Grant Pro-
gram (91–0205–0–1–502). 
‘‘Child Care Entitlement to States (75–1550– 
0–1–609). 
‘‘Child Enrollment Contingency Fund (75– 
5551–0–2–551). 
‘‘Child Nutrition Programs (with the exception 
of special milk programs) (12–3539–0–1–605). 
‘‘Children’s Health Insurance Fund (75–0515– 
0–1–551). 
‘‘Commodity Supplemental Food Program (12– 
3507–0–1–605). 
‘‘Contingency Fund (75–1522–0–1–609). 
‘‘Family Support Programs (75–1501–0–1– 
609). 
‘‘Federal Pell Grants under section 401 Title 
IV of the Higher Education Act. 
‘‘Grants to States for Medicaid (75–0512–0–1– 
551). 
‘‘Payments for Foster Care and Permanency 
(75–1545–0–1–609). 
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‘‘Supplemental Nutrition Assistance Program 
(12–3505–0–1–605). 
‘‘Supplemental Security Income Program (28– 
0406–0–1–609). 
‘‘Temporary Assistance for Needy Families 
(75–1552–0–1–609).’’. 
(d) ECONOMIC RECOVERY PROGRAMS.—Section 255 
of BBEDCA is amended by adding the following after 
subsection (h): 
‘‘(i) ECONOMIC RECOVERY PROGRAMS.—The fol-
lowing programs shall be exempt from reduction under 
any order issued under this part: 
‘‘All programs enacted in, or increases in pro-
grams provided by, the American Recovery and Re-
investment Act of 2009. 
‘‘Exchange Stabilization Fund-Money Market 
Mutual Fund Guaranty Facility (20–4274–0–3– 
376). 
‘‘Financial Stabilization Reserve (20–0131–4– 
1–376). 
‘‘GSE Mortgage-Backed Securities Purchase 
Program Account (20–0126–0–1–371). 
‘‘GSE Preferred Stock Purchase Agreements 
(20–0125–0–1–371). 
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‘‘Office of Financial Stability (20–0128–0–1– 
376). 
‘‘Special Inspector General for the Troubled 
Asset Relief Program (20–0133–0–1–376). 
‘‘Troubled Asset Relief Program Account (20– 
0132–0–1–376). 
‘‘Troubled Asset Relief Program Equity Pur-
chase Program (20–0134–0–1–376). 
‘‘Troubled Asset Relief Program, Home Afford-
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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