[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 45 Enrolled Bill (ENR)]
H.J.Res.45
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
Joint Resolution
Increasing the statutory limit on the public debt.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That subsection (b) of section
3101 of title 31, United States Code, is amended by striking out the
dollar limitation contained in such subsection and inserting in lieu
thereof $14,294,000,000,000.
TITLE I--STATUTORY PAY-AS-YOU-GO ACT OF 2010
SEC. 1. SHORT TITLE.
This title may be cited as the ``Statutory Pay-As-You-Go Act of
2010''.
SEC. 2. PURPOSE.
The purpose of this title is to reestablish a statutory procedure
to enforce a rule of budget neutrality on new revenue and direct
spending legislation.
SEC. 3. DEFINITIONS AND APPLICATIONS.
As used in this title--
(1) The term ``BBEDCA'' means the Balanced Budget and Emergency
Deficit Control Act of 1985.
(2) The definitions set forth in section 3 of the Congressional
Budget and Impoundment Control Act of 1974 and in section 250 of
BBEDCA shall apply to this title, except to the extent that they
are specifically modified as follows:
(A) The term ``outyear'' means a fiscal year one or more
years after the budget year.
(B) In section 250(c)(8)(C), the reference to the food
stamp program shall be deemed to be a reference to the
Supplemental Nutrition Assistance Program.
(3) The term ``AMT'' means the Alternative Minimum Tax for
individuals under sections 55-59 of the Internal Revenue Code of
1986, the term ``EGTRRA'' means the Economic Growth and Tax Relief
Reconciliation Act of 2001 (Public Law 107-16), and the term
``JGTRRA'' means the Jobs and Growth Tax Relief and Reconciliation
Act of 2003 (Public Law 108-27).
(4)(A) The term ``budgetary effects'' means the amount by which
PAYGO legislation changes outlays flowing from direct spending or
revenues relative to the baseline and shall be determined on the
basis of estimates prepared under section 4. Budgetary effects that
increase outlays flowing from direct spending or decrease revenues
are termed ``costs'' and budgetary effects that increase revenues
or decrease outlays flowing from direct spending are termed
``savings''. Budgetary effects shall not include any costs
associated with debt service.
(B) For purposes of these definitions, off-budget effects shall
not be counted as budgetary effects.
(C) Solely for purposes of recording entries on a PAYGO
scorecard, provisions in appropriation Acts are also considered to
be budgetary effects for purposes of this title if such provisions
make outyear modifications to substantive law, except that
provisions for which the outlay effects net to zero over a period
consisting of the current year, the budget year, and the 4
subsequent years shall not be considered budgetary effects. For
purposes of this paragraph, the term, ``modifications to
substantive law'' refers to changes to or restrictions on
entitlement law or other mandatory spending contained in
appropriations Acts, notwithstanding section 250(c)(8) of BBEDCA.
Provisions in appropriations Acts that are neither outyear
modifications to substantive law nor changes in revenues have no
budgetary effects for purposes of this title.
(5) The term ``debit'' refers to the net total amount, when
positive, by which costs recorded on the PAYGO scorecards for a
fiscal year exceed savings recorded on those scorecards for that
year.
(6) The term ``entitlement law'' refers to a section of law
which provides entitlement authority.
(7) The term ``PAYGO legislation'' or a ``PAYGO Act'' refers to
a bill or joint resolution that affects direct spending or revenue
relative to the baseline. The budgetary effects of changes in
revenues and outyear modifications to substantive law included in
appropriation Acts as defined in paragraph (4) shall be treated as
if they were contained in PAYGO legislation or a PAYGO Act.
(8) The term ``timing shift'' refers to a delay of the date on
which outlays flowing from direct spending would otherwise occur
from the ninth outyear to the tenth outyear or an acceleration of
the date on which revenues would otherwise occur from the tenth
outyear to the ninth outyear.
SEC. 4. PAYGO ESTIMATES AND PAYGO SCORECARDS.
(a) PAYGO Estimates.--
(1) Required designation in paygo acts.--
(A) House of representatives.--To establish the budgetary
effects of a PAYGO Act consistent with the determination made
by the Chairman of the House Budget Committee, a PAYGO Act
originated in or amended by the House of Representatives may
include the following statement: ``The budgetary effects of
this Act, for the purpose of complying with the Statutory Pay-
As-You-Go-Act of 2010, shall be determined by reference to the
latest statement titled `Budgetary Effects of PAYGO
Legislation' for this Act, submitted for printing in the
Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.''.
(B) Senate.--To establish the budgetary effects of a PAYGO
Act consistent with the determination made by the Chairman of
the Senate Budget Committee, a PAYGO Act originated in or
amended by the Senate shall include the following statement:
``The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.''.
(C) Conference reports and amendments between the houses.--
To establish the budgetary effects of the conference report on
a PAYGO Act, or an amendment to an amendment between Houses on
a PAYGO Act, which if estimated shall be estimated jointly by
the Chairmen of the House and Senate Budget Committees, the
conference report or amendment between the Houses shall include
the following statement: ``The budgetary effects of this Act,
for the purpose of complying with the Statutory Pay-As-You-Go-
Act of 2010, shall be determined by reference to the latest
statement titled `Budgetary Effects of PAYGO Legislation' for
this Act, jointly submitted for printing in the Congressional
Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted
prior to the vote on passage in the House acting first on this
conference report or amendment between the Houses.''.
(2) Determination of budgetary effects of paygo acts.--
(A) Original legislation.--
(i) Statement and estimate.--Prior to a vote on passage
of a PAYGO Act originated or amended by one House, the
Chairman of the Budget Committee of that House may submit
for printing in the Congressional Record a statement titled
``Budgetary Effects of PAYGO Legislation'' which shall
include an estimate of the budgetary effects of that Act,
if available prior to passage of the Act by that House and
shall submit, if applicable, an identification of any
current policy adjustments made pursuant to section 7 of
this Act. The timely submission of such a statement, in
conjunction with the appropriate designation made pursuant
to paragraph (1)(A) or (1)(B), as applicable, shall
establish the budgetary effects of the PAYGO Act for the
purposes of this Act.
(ii) Effect.--The latest statement submitted by the
Chairman of the Budget Committee of that House prior to
passage shall supersede any prior statements submitted in
the Congressional Record and shall be valid only if the
PAYGO Act is not further amended by either House.
(iii) Failure to submit estimate.--If--
(I) the estimate required by clause (i) has not
been submitted prior to passage by that House;
(II) such estimate has been submitted but is no
longer valid due to a subsequent amendment to the PAYGO
Act; or
(III) the designation required pursuant to this
subsection has not been made;
the budgetary effects of the PAYGO Act shall be determined
under subsection (d)(3), provided that this clause shall
not apply if a valid designation is subsequently included
in that PAYGO Act pursuant to paragraph (1)(C) and a
statement is submitted pursuant to subparagraph (B).
(B) Conference reports and amendments between houses.--
(i) In general.--Prior to the adoption of a report of a
committee of conference on a PAYGO Act in either House, or
disposition of an amendment to an amendment between Houses
on a PAYGO Act, the Chairmen of the Budget Committees of
the House and Senate may jointly submit for printing in the
Congressional Record a statement titled ``Budgetary Effects
of PAYGO Legislation'' which shall include an estimate of
the budgetary effects of that Act if available prior to
passage of the Act by the House acting first on the
legislation and shall submit, if applicable, an
identification of any current policy adjustments made
pursuant to section 7 of this title. The timely submission
of such a statement, in conjunction with the appropriate
designation made pursuant to paragraph (1)(C), shall
establish the budgetary effects of the PAYGO Act for the
purposes of this Act.
(ii) Failure to submit estimate.--If such estimate has
not been submitted prior to the adoption of a report of a
committee of conference by either House, or if the
designation required pursuant to this subsection has not
been made, the budgetary effects of the PAYGO Act shall be
determined under subsection (d)(3).
(3) Procedure in the senate.--In the Senate, upon submission of
a statement titled ``Budgetary Effects of PAYGO Legislation'' by
the Chairman of the Senate Budget Committee for printing in the
Congressional Record, the Legislative Clerk shall read the
statement.
(4) Jurisdiction of the budget committees.--For the purposes of
enforcing section 306 of the Congressional Budget Act of 1974, a
designation made pursuant to paragraph (1)(A), (1)(B), or (1)(C),
that includes only the language specifically prescribed therein,
shall not be considered a matter within the jurisdiction of either
the Senate or House Committees on the Budget.
(b) CBO PAYGO Estimates.--
(1) In general.--
(A) Estimates.--Section 308(a) of the Congressional Budget
Act of 1974 is amended by adding at the end the following new
paragraph:
``(3) CBO paygo estimates.--
``(A) The Chairs of the Committees on the Budget of the
House and Senate, as applicable, shall request from the
Director of the Congressional Budget Office an estimate of the
budgetary effects of PAYGO legislation.
``(B) Estimates shall be prepared using baseline estimates
supplied by the Congressional Budget Office, consistent with
section 257 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(C) The Director shall not count timing shifts, as that
term is defined at section 3(8) of the Statutory Pay-As-You-Go
Act of 2010, in estimates of the budgetary effects of PAYGO
Legislation.''.
(B) Sideheading.--The side heading of section 308(a) of the
Congressional Budget Act of 1974 is amended by striking
``Reports on''.
(2) Guidelines.--Section 308 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
``(d) Scorekeeping Guidelines.--Estimates under this section shall
be provided in accordance with the scorekeeping guidelines determined
under section 252(d)(5) of the Balanced Budget and Emergency Deficit
Control Act of 1985.''.
(c) Current Policy Adjustments for Certain Legislation.--
(1) In general.--For any provision of legislation that meets
the criteria in subsection (c), (d), (e) or (f) of section 7, the
Chairs of the Committees on the Budget of the House and Senate, as
applicable, shall request that CBO adjust the estimate of budgetary
effects of that legislation pursuant to paragraph (2) for the
purposes of this title. A single piece of legislation may contain
provisions that meet criteria in more than one of the subsections
referred to in the preceding sentence. CBO shall adjust estimates
for legislation designated under subsection (a) and estimated under
subsection (b). OMB shall adjust estimates for legislation
estimated under subsection (d)(3).
(2) Adjustments.--
(A) Estimates.--CBO or OMB, as applicable, shall exclude
from the estimate of budgetary effects any budgetary effects of
a provision that meets the criteria in subsection (c), (d), (e)
or (f) of section 7, to the extent that those budgetary
effects, when combined with all other excluded budgetary
effects of any other previously designated provisions of
enacted legislation under the same subsection of section 7, do
not exceed the maximum applicable current policy adjustment
defined under the applicable subsection of section 7 for the
applicable 10-year period.
(B) Baseline.--Any estimate made pursuant to subparagraph
(A) shall be prepared using baseline estimates supplied by the
Congressional Budget Office, consistent with section 257 of the
BBEDCA. CBO estimates of legislation adjusted for current
policy shall include a separate presentation of costs excluded
from the calculation of budgetary effects for the legislation,
as well as an updated total of all excluded costs of provisions
within subsection (c), (d), or (e) of section 7, as applicable,
and in the case of paragraph (1) of section 7(f), within any of
the subparagraphs (A) through (L) of such paragraph, as
applicable.
(3) Limitation on availability of excess savings.--
(A) Prohibition on use of excess saving for ineligible
policies.--To the extent the adjustment for current policy of
any provision estimated under this subsection exceeds the
estimated budgetary effects of that provision, these excess
savings shall not be available to offset the costs of any
provisions not otherwise eligible for a current policy
adjustment under section 7, and shall not be counted on the
PAYGO scorecards established pursuant to subsections (d)(4) and
(d)(5).
(B) Prohibition on use of excess savings across budget
areas.--For provisions eligible for a current policy adjustment
under subsections (c) through (f) of section 7, to the extent
the adjustment for current policy of any provision exceeds the
estimated budgetary effects of that same provision, the excess
savings shall be available only to offset the costs of other
provisions that qualify for a current policy adjustment in that
same subsection. Each paragraph in section 7(f)(1) shall be
considered a separate subsection for purposes of this section.
(4) Further guidance on estimating budgetary effects.--
Estimates of budgetary effects under this subsection shall be
consistent with the guidance provided at section 7(h).
(5) Inclusion of statement.--For PAYGO legislation adjusted
pursuant to section 7, the Chairman of the House or Senate Budget
Committee, as applicable, shall include in any statement titled
``Budgetary Effects of PAYGO Legislation'', submitted for that
legislation pursuant to section 4, an explanation of the current
policy designation and adjustments.
(d) OMB PAYGO Scorecards.--
(1) In general.--OMB shall maintain and make publicly available
a continuously updated document containing two PAYGO scorecards
displaying the budgetary effects of PAYGO legislation as determined
under section 308 of the Congressional Budget Act of 1974, applying
the look-back requirement in subsection (e) and the averaging
requirement in subsection (f), and a separate addendum displaying
the estimates of the costs of provisions designated in statute as
emergency requirements.
(2) Estimates in legislation.--Except as provided in paragraph
(3), in making the calculations for the PAYGO scorecards, OMB shall
use the budgetary effects included by reference in the applicable
legislation pursuant to subsection (a).
(3) OMB paygo estimates.--If a PAYGO Act does not contain a
valid reference to its budgetary effects consistent with subsection
(a), OMB shall estimate the budgetary effects of that legislation
upon its enactment. The OMB estimate shall be based on the
approaches to scorekeeping set forth in section 308 of the
Congressional Budget Act of 1974, as amended by this title, and
subsection (g)(4), and shall use the same economic and technical
assumptions as used in the most recent budget submitted by the
President under section 1105(a) of title 31 of the United States
Code.
(4) 5-year scorecard.--The first scorecard shall display the
budgetary effects of PAYGO legislation in each year over the 5-year
period beginning in the budget year.
(5) 10-year scorecard.--The second scorecard shall display the
budgetary effects of PAYGO legislation in each year over the 10-
year period beginning in the budget year.
(6) Community living assistance services and supports act.--
Neither scorecard maintained by OMB pursuant to this subsection
shall include net savings from any provisions of legislation titled
``Community Living Assistance Services and Supports Act'', which
establishes a Federal insurance program for long-term care, if such
legislation is enacted into law, or amended, subsequent to the date
of enactment of this title.
(e) Look-back To Capture Current-year Effects.--For purposes of
this section, OMB shall treat the budgetary effects of PAYGO
legislation enacted during a session of Congress that occur during the
current year as though they occurred in the budget year.
(f) Averaging Used To Measure Compliance Over 5-year and 10-year
Periods.--OMB shall cumulate the budgetary effects of a PAYGO Act over
the budget year (which includes any look-back effects under subsection
(e)) and--
(1) for purposes of the 5-year scorecard referred to in
subsection (d)(4), the four subsequent outyears, divide that
cumulative total by five, and enter the quotient in the budget-year
column and in each subsequent column of the 5-year PAYGO scorecard;
and
(2) for purposes of the 10-year scorecard referred to in
subsection (d)(5), the nine subsequent outyears, divide that
cumulative total by ten, and enter the quotient in the budget-year
column and in each subsequent column of the 10-year PAYGO
scorecard.
(g) Emergency Legislation.--
(1) Designation in statute.--If a provision of direct spending
or revenue legislation in a PAYGO Act is enacted as an emergency
requirement that the Congress so designates in statute pursuant to
this section, the amounts of new budget authority, outlays, and
revenue in all fiscal years resulting from that provision shall be
treated as an emergency requirement for the purposes of this Act.
(2) Designation in the house of representatives.--If a PAYGO
Act includes a provision expressly designated as an emergency for
the purposes of this title, the Chair shall put the question of
consideration with respect thereto.
(3) Point of order in the senate.--
(A) In general.--When the Senate is considering a PAYGO
Act, if a point of order is made by a Senator against an
emergency designation in that measure, that provision making
such a designation shall be stricken from the measure and may
not be offered as an amendment from the floor.
(B) Supermajority waiver and appeals.--
(i) Waiver.--Subparagraph (A) may be waived or
suspended in the Senate only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn.
(ii) Appeals.--Appeals in the Senate from the decisions
of the Chair relating to any provision of this subsection
shall be limited to 1 hour, to be equally divided between,
and controlled by, the appellant and the manager of the
bill or joint resolution, as the case may be. An
affirmative vote of three-fifths of the Members of the
Senate, duly chosen and sworn, shall be required to sustain
an appeal of the ruling of the Chair on a point of order
raised under this subsection.
(C) Definition of an emergency designation.--For purposes
of subparagraph (A), a provision shall be considered an
emergency designation if it designates any item as an emergency
requirement pursuant to this subsection.
(D) Form of the point of order.--A point of order under
subparagraph (A) may be raised by a Senator as provided in
section 313 (e) of the Congressional Budget Act of 1974.
(E) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a PAYGO Act, upon a point of order being made by
any Senator pursuant to this section, and such point of order
being sustained, such material contained in such conference
report shall be deemed stricken, and the Senate shall proceed
to consider the question of whether the Senate shall recede
from its amendment and concur with a further amendment, or
concur in the House amendment with a further amendment, as the
case may be, which further amendment shall consist of only that
portion of the conference report or House amendment, as the
case may be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of order is
sustained against a conference report (or Senate amendment
derived from such conference report by operation of this
subsection), no further amendment shall be in order.
(4) Effect of designation on scoring.--If a provision is
designated as an emergency requirement under this Act, CBO or OMB,
as applicable, shall not include the budgetary effects of such a
provision in its estimate of the budgetary effects of that PAYGO
legislation.
SEC. 5. ANNUAL REPORT AND SEQUESTRATION ORDER.
(a) Annual Report.--Not later than 14 days (excluding weekends and
holidays) after Congress adjourns to end a session, OMB shall make
publicly available and cause to be printed in the Federal Register an
annual PAYGO report. The report shall include an up-to-date document
containing the PAYGO scorecards, a description of any current policy
adjustments made under section 4(c), information about emergency
legislation (if any) designated under section 4(g), information about
any sequestration if required by subsection (b), and other data and
explanations that enhance public understanding of this title and
actions taken under it.
(b) Sequestration Order.--If the annual report issued at the end of
a session of Congress under subsection (a) shows a debit on either
PAYGO scorecard for the budget year, OMB shall prepare and the
President shall issue and include in that report a sequestration order
that, upon issuance, shall reduce budgetary resources of direct
spending programs by enough to offset that debit as prescribed in
section 6. If there is a debit on both scorecards, the order shall
fully offset the larger of the two debits. OMB shall transmit the order
and the report to the House of Representatives and the Senate. If the
President issues a sequestration order, the annual report shall
contain, for each budget account to be sequestered, estimates of the
baseline level of budgetary resources subject to sequestration, the
amount of budgetary resources to be sequestered, and the outlay
reductions that will occur in the budget year and the subsequent fiscal
year because of that sequestration.
SEC. 6. CALCULATING A SEQUESTRATION.
(a) Reducing Nonexempt Budgetary Resources by a Uniform
Percentage.--
(1) In general.--OMB shall calculate the uniform percentage by
which the budgetary resources of nonexempt direct spending programs
are to be sequestered such that the outlay savings resulting from
that sequestration, as calculated under subsection (b), shall
offset the budget-year debit, if any, on the applicable PAYGO
scorecard. If the uniform percentage calculated under the prior
sentence exceeds 4 percent, the Medicare programs described in
section 256(d) of BBEDCA shall be reduced by 4 percent and the
uniform percentage by which the budgetary resources of all other
nonexempt direct spending programs are to be sequestered shall be
increased, as necessary, so that the sequestration of Medicare and
of all other nonexempt direct spending programs together produce
the required outlay savings.
(2) Programs and activities in unified budget only.--Subject to
the exemptions set forth in section 11, OMB shall determine the
uniform percentage required under paragraph (1) with respect to
programs and activities contained in the unified budget only.
(b) Outlay Savings.--In determining the amount by which a
sequestration offsets a budget-year debit, OMB shall count--
(1) the amount by which the sequestration in a crop year of
crop support payments, pursuant to section 256(j) of BBEDCA,
reduces outlays in the budget year and the subsequent fiscal year;
(2) the amount by which the sequestration of Medicare payments
in the 12-month period following the sequestration order, pursuant
to section 256(d) of BBEDCA, reduces outlays in the budget year and
the subsequent fiscal year; and
(3) the amount by which the sequestration in the budget year of
the budgetary resources of other nonexempt mandatory programs
reduces outlays in the budget year and in the subsequent fiscal
year.
SEC. 7. ADJUSTMENT FOR CURRENT POLICIES.
(a) Purpose.--The purpose of this section is to provide for
adjustments of estimates of budgetary effects of PAYGO legislation for
legislation affecting 4 areas of the budget--
(1) payments made under section 1848 of the Social Security Act
(referred to in this section as ``Payment for Physicians'
Services'');
(2) the Estate and Gift Tax under subtitle B of the Internal
Revenue Code of 1986;
(3) the AMT; and
(4) provisions of EGTRRA or JGTRRA that amended the Internal
Revenue Code of 1986 (or provisions in later statutes further
amending the amendments made by EGTRRA or JGTRRA), other than--
(A) the provisions of those 2 Acts that were made permanent
by the Pension Protection Act of 2006 (Public Law 109-280);
(B) amendments to the Estate and Gift Tax referred to in
paragraph (2);
(C) the AMT referred to in paragraph (3); and
(D) the income tax rates on ordinary income that apply to
individuals with adjusted gross incomes greater than $200,000
for a single filer and $250,000 for joint filers.
(b) Duration.--This section shall remain in effect through December
31, 2011.
(c) Medicare Payments to Physicians.--
(1) Criteria.--Legislation that includes provisions amending or
superseding the system for updating payments under subsections (d)
and (f) of section 1848 of the Social Security Act shall trigger
the current policy adjustment required by this title.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) estimated net outlays attributable to the payment rates
and related parameters in accordance with subsections (d) and
(f) of section 1848 of the Social Security Act (as scheduled on
December 31, 2009, to be in effect); and
(B) what those net outlays would have been if--
(i) the nominal payment rates and related parameters in
effect for 2009 had been in effect through December 31,
2014, without change; and
(ii) thereafter, the nominal payment rates and related
parameters described in subparagraph (A) had applied and
the assumption described in clause (i) had never applied.
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) cover a time period
that ends before December 31, 2014, subject to the maximum
adjustment provided for under paragraph (2), the amount of each
current policy adjustment made pursuant to this section shall be
limited to the difference between--
(A) estimated net outlays attributable to the payment rates
and related parameters specified in that section of the Social
Security Act (as scheduled on December 31, 2009, to be in
effect for the period of time covered by the relevant
provisions of the eligible legislation); and
(B) what those net outlays would have been if the nominal
payment rates and related parameters in effect for 2009 had
been in effect, without change, for the same period of time
covered by the relevant provisions of the eligible legislation
as under subparagraph (A).
(d) Estate and Gift Tax.--
(1) Criteria.--Legislation that includes provisions amending
the Estate and Gift Tax under subtitle B of the Internal Revenue
Code of 1986 shall trigger the current policy adjustment required
by this title.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) total revenues projected to be collected under the
Internal Revenue Code of 1986 (as scheduled on December 31,
2009, to be in effect); and
(B) what those revenue collections would have been if, on
the date of enactment of the legislation meeting the criteria
in paragraph (1), estate and gift tax law had instead been
amended so that the tax rates, nominal exemption amounts, and
related parameters in effect for tax year 2009 had remained in
effect through December 31, 2011, with nominal exemption
amounts indexed for inflation after 2009 consistent with
subsection (g).
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) cover a time period
that ends before December 31, 2011, subject to the maximum
adjustment provided for under paragraph (2), the amount of each
current policy adjustment made pursuant to this section shall be
limited to the difference between--
(A) total revenues projected to be collected under the
Internal Revenue Code of 1986 (as scheduled on December 31,
2009, to be in effect for the period of time covered by the
relevant provisions of the eligible legislation); and
(B) what those revenues would have been if the estate and
gift tax law rates, nominal exemption amounts, and related
parameters in effect for 2009, with nominal exemption amounts
indexed for inflation after 2009 consistent with subsection
(g), had been in effect for the same period of time covered by
the relevant provisions of the eligible legislation as under
subparagraph (A).
(4) Duration of policy adjustment.--Adjustments made pursuant
to this subsection are available for policies affecting the estate
and gift tax through only December 31, 2011. Any adjustments shall
include budgetary effects in all years from these policy changes.
(e) AMT Relief.--
(1) Criteria.--Legislation that includes provisions extending
AMT relief shall trigger the current policy adjustment required by
this title.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) total revenues projected to be collected under the
Internal Revenue Code of 1986 (as scheduled on December 31,
2009, to be in effect); and
(B) what those revenue collections would have been if, on
the date of enactment of legislation meeting the criteria in
paragraph (1), AMT law had instead been amended by making
commensurate adjustments in the exemption amounts for joint and
single filers in such a manner that the number of taxpayers
with AMT liability or lost credits that occur as a result of
the AMT would not be estimated to exceed the number of
taxpayers affected by the AMT in tax year 2008 in any year for
which relief is provided, through December 31, 2011.
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) cover a time period
that ends before December 31, 2011, subject to the maximum
adjustment provided for under paragraph (2), the amount of each
current policy adjustment made pursuant to this section shall be
limited to the difference between--
(A) total revenues projected to be collected under the
Internal Revenue Code of 1986 (as scheduled on December 31,
2009, to be in effect for the period of time covered by the
relevant provisions of the eligible legislation); and
(B) what those revenues would have been if, on the date of
enactment of legislation meeting the criteria in paragraph (1),
AMT law had instead been amended by making commensurate
adjustments in the exemption amounts for joint and single
filers in such a manner that the number of taxpayers with AMT
liability or lost credits that occur as a result of the AMT
would not be estimated to exceed the number of AMT taxpayers in
tax year 2008 for the same period of time covered by the
relevant provisions of the eligible legislation as under
subparagraph (A).
(4) Duration of policy adjustment.--Adjustments made pursuant
to this subsection are available for policies affecting the AMT
through only December 31, 2011. Any adjustments shall include
budgetary effects in all years from these policy changes.
(f) Permanent Extension of Middle-class Tax Cuts.--
(1) Criteria.--Legislation that includes provisions extending
middle-class tax cuts shall trigger the current policy adjustment
required by this title if those provisions extend 1 or more of the
following provisions:
(A) The 10 percent bracket as in effect for tax year 2010,
as provided for under section 101(a) of EGTRRA and any later
amendments through December 31, 2009.
(B) The child tax credit as in effect for tax year 2010, as
provided for under section 201 of EGTRRA and any later
amendments through December 31, 2009.
(C) Tax benefits for married couples as in effect for tax
year 2010, as provided for under title III of EGTRRA and any
later amendments through December 31, 2009.
(D) The adoption credit as in effect in tax year 2010, as
provided for under section 202 of EGTRRA and any later
amendments through December 31, 2009.
(E) The dependent care credit as in effect in tax year
2010, as provided for under section 204 of EGTRRA and any later
amendments through December 31, 2009.
(F) The employer-provided child care credit as in effect in
tax year 2010, as provided for under section 205 of EGTRRA and
any later amendments through December 31, 2009.
(G) The education tax benefits as in effect in tax year
2010, as provided for under title IV of EGTRRA and any later
amendments through December 31, 2009.
(H) The 25 and 28 percent brackets as in effect for tax
year 2010, as provided for under section 101(a) of EGTRRA and
any later amendments through December 31, 2009.
(I) The 33 percent bracket as in effect for tax year 2010,
as provided for under section 101(a) of EGTRRA and any later
amendment through December 31, 2009, affecting taxpayers with
adjusted gross income of $200,000 or less for single filers and
$250,000 or less for joint filers in tax year 2010, with these
income levels indexed for inflation in each subsequent year
consistent with subsection (g).
(J) The rates on income derived from capital gains and
qualified dividends as in effect for tax year 2010, as provided
for under sections 301 and 302 of JGTRRA and any later
amendment through December 31, 2009, affecting taxpayers with
adjusted gross income of $200,000 or less for single filers and
$250,000 for joint filers with these income levels indexed for
inflation in each subsequent year consistent with subsection
(g).
(K) The phaseout of personal exemptions and the overall
limitation on itemized deductions as in effect for tax year
2010, as provided for under sections 102 and 103 of EGTRRA of
2001, respectively, and any later amendment through December
31, 2009, affecting taxpayer with adjusted gross income of
$200,000 or less for single filers and $250,000 for joint
filers, with these income levels indexed for inflation in each
subsequent year consistent with subsection (g).
(L) The increase in the limitations on expensing
depreciable business assets for small businesses under section
179(b) of the Internal Revenue Code of 1986 as in effect in tax
year 2010, as provided under section 202 of JGTRRA and any
later amendment through December 31, 2009.
(2) Adjustment.--The amount of the maximum current policy
adjustment shall be the difference between--
(A) total revenues projected to be collected and outlays to
be paid under the Internal Revenue Code of 1986 (as scheduled
on December 31, 2009, to be in effect); and
(B) what those revenue collections and outlay payments
would have been if, on the date of enactment of legislation
meeting the criteria in paragraph (1), the provisions
identified in paragraph (1) were made permanent.
(3) Limitation.--If the provisions in the legislation that
cause it to meet the criteria in paragraph (1) are not permanent,
subject to the maximum adjustment provided for under paragraph (2),
the amount of each current policy adjustment made pursuant to this
section shall be limited to the difference between--
(A) total revenues projected to be collected and outlays to
be paid under the Internal Revenue Code of 1986 (as scheduled
on December 31, 2009, to be in effect for the period of time
covered by the relevant provisions of the eligible
legislation); and
(B) what those revenue collections and outlay payments
would have been if, on the date of enactment of legislation
meeting the criteria in paragraph (1), the provisions
identified in paragraph (1) had been in effect, without change,
for the same period of time covered by the relevant provisions
of the eligible legislation as under subparagraph (A).
(g) Indexing for Inflation.--Indexed amounts are assumed to
increase in each year by an amount equal to the cost-of-living
adjustment determined under section 1(f)(3) of the Internal Revenue
Code of 1986 for the calendar year in which the taxable year begins,
determined by substituting ``calendar year 2008'' for ``calendar year
1992'' in subparagraph (B) of such section.
(h) Guidance on Estimates and Current Policy Adjustments.--
(1) Middle class tax cuts.--For purposes of estimates made
pursuant to subsection (f)--
(A) each of the income tax provisions shall be estimated as
though the AMT had remained at current law as scheduled on
December 31, 2009 to be in effect; and
(B) if more than 1 of the income tax provisions is included
in a single piece of legislation, those provisions shall be
estimated in the order in which they appear.
(2) AMT.--For purposes of estimates made pursuant to subsection
(e), changes to the AMT shall be estimated as if, on the date of
enactment of legislation meeting the criteria in subsection (e)(1),
all of the income tax provisions identified in subsection (f)(1)
were made permanent.
SEC. 8. APPLICATION OF BBEDCA.
For purposes of this title--
(1) notwithstanding section 275 of BBEDCA, the provisions of
sections 255, 256, 257, and 274 of BBEDCA, as amended by this
title, shall apply to the provisions of this title;
(2) references in sections 255, 256, 257, and 274 to ``this
part'' or ``this title'' shall be interpreted as applying to this
title;
(3) references in sections 255, 256, 257, and 274 of BBEDCA to
``section 254'' shall be interpreted as referencing section 5 of
this title;
(4) the reference in section 256(b) of BBEDCA to ``section 252
or 253'' shall be interpreted as referencing section 5 of this
title;
(5) the reference in section 256(d)(1) of BBEDCA to ``section
252 or 253'' shall be interpreted as referencing section 6 of this
title;
(6) the reference in section 256(d)(4) of BBEDCA to ``section
252 or 253'' shall be interpreted as referencing section 5 of this
title;
(7) section 256(k) of BBEDCA shall apply to a sequestration, if
any, under this title; and
(8) references in section 257(e) of BBEDCA to ``section 251,
252, or 253'' shall be interpreted as referencing section 4 of this
title.
SEC. 9. TECHNICAL CORRECTIONS.
(a) Section 250(c)(18) of BBEDCA is amended by striking ``the
expenses the Federal deposit insurance agencies'' and inserting ``the
expenses of the Federal deposit insurance agencies''.
(b) Section 256(k)(1) of BBEDCA is amended by striking ``in
paragraph (5)'' and inserting ``in paragraph (6)''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Section 256(a) of BBEDCA is repealed.
(b) Section 256(b) of BBEDCA is amended by striking ``origination
fees under sections 438(c)(2) and 455(c) of that Act shall each be
increased by 0.50 percentage point.'' and inserting in lieu thereof
``origination fees under sections 438(c)(2) and (6) and 455(c) and loan
processing and issuance fees under section 428(f)(1)(A)(ii) of that Act
shall each be increased by the uniform percentage specified in that
sequestration order, and, for student loans originated during the
period of the sequestration, special allowance payments under section
438(b) of that Act accruing during the period of the sequestration
shall be reduced by the uniform percentage specified in that
sequestration order.''.
(c) Section 256(c) of BBEDCA is repealed.
(d) Section 256(d) of BBEDCA is amended--
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs
(3), (5), and (6);
(2) by amending paragraph (1) to read as follows:
``(1) Calculation of reduction in payment amounts.--To achieve
the total percentage reduction in those programs required by
section 252 or 253, subject to paragraph (2), and notwithstanding
section 710 of the Social Security Act, OMB shall determine, and
the applicable Presidential order under section 254 shall
implement, the percentage reduction that shall apply, with respect
to the health insurance programs under title XVIII of the Social
Security Act--
``(A) in the case of parts A and B of such title, to
individual payments for services furnished during the 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 following:
``(2) Uniform reduction rate; maximum permissible reduction.--
Reductions in payments for programs and activities under such title
XVIII pursuant to a sequestration order under section 254 shall be
at a uniform rate, which shall not exceed 4 percent, across all
such programs and activities subject to such order.'';
(4) by inserting after paragraph (3), as redesignated, the
following:
``(4) Timing of subsequent sequestration order.--A
sequestration order required by section 252 or 253 with respect to
programs under such title XVIII shall not take effect until the
first month beginning after the end of the effective period of any
prior sequestration order with respect to such programs, as
determined in accordance with paragraph (1).'';
(5) in paragraph (6), as redesignated, to read as follows:
``(6) Sequestration disregarded in computing payment amounts.--
The Secretary of Health and Human Services shall not take into
account any reductions in payment amounts which have been or may be
effected under this part, for purposes of computing any adjustments
to payment rates under such title XVIII, specifically including--
``(A) the part C growth percentage under section
1853(c)(6);
``(B) the part D annual growth rate under section 1860D-
2(b)(6); and
``(C) application of risk corridors to part D payment rates
under section 1860D-15(e).''; and
(6) by adding after paragraph (6), as redesignated, the
following:
``(7) Exemptions from sequestration.--In addition to the
programs and activities specified in section 255, the following
shall be exempt from sequestration under this part:
``(A) Part d low-income subsidies.--Premium and cost-
sharing subsidies under section 1860D-14 of the Social Security
Act.
``(B) Part d catastrophic subsidy.--Payments under section
1860D-15(b) and (e)(2)(B) of the Social Security Act.
``(C) Qualified individual (qi) premiums.--Payments to
States for coverage of Medicare cost-sharing for certain low-
income Medicare beneficiaries under section 1933 of the Social
Security Act.''.
SEC. 11. EXEMPT PROGRAMS AND ACTIVITIES.
(a) Designations.--Section 255 of BBEDCA is amended by
redesignating subsection (i) as (j) and striking ``1998'' and inserting
in lieu thereof ``2010''.
(b) Social Security, Veterans Programs, Net Interest, and Tax
Credits.--Subsections (a) through (d) of section 255 of BBEDCA are
amended to read as follows:
``(a) Social Security Benefits and Tier I Railroad Retirement
Benefits.--Benefits payable under the old-age, survivors, and
disability insurance program established under title II of the Social
Security Act (42 U.S.C. 401 et seq.), and benefits payable under
section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45 United
States Code, shall be exempt from reduction under any order issued
under this part.
``(b) Veterans Programs.--The following programs shall be exempt
from reduction under any order issued under this part:
``All programs administered by the Department of Veterans
Affairs.
``Special Benefits for Certain World War II Veterans (28-0401-
0-1-701).
``(c) Net Interest.--No reduction of payments for net interest (all
of major functional category 900) shall be made under any order issued
under this part.
``(d) Refundable Income Tax Credits.--Payments to individuals made
pursuant to provisions of the Internal Revenue Code of 1986
establishing refundable tax credits shall be exempt from reduction
under any order issued under this part.''.
(c) Other Programs and Activities, Low-income Programs, and
Economic Recovery Programs.--Subsections (g) and (h) of section 255 of
BBEDCA are amended to read as follows:
``(g) Other Programs and Activities.--
``(1)(A) The following budget accounts and activities shall be
exempt from reduction under any order issued under this part:
``Activities resulting from private donations, bequests, or
voluntary contributions to the Government.
``Activities financed by voluntary payments to the
Government for goods or services to be provided for such
payments.
``Administration of Territories, Northern Mariana Islands
Covenant grants (14-0412-0-1-808).
``Advances to the Unemployment Trust Fund and Other Funds
(16-0327-0-1-600).
``Black Lung Disability Trust Fund Refinancing (16-0329-0-
1-601).
``Bonneville Power Administration Fund and borrowing
authority established pursuant to section 13 of Public Law 93-
454 (1974), as amended (89-4045-0-3-271).
``Claims, Judgments, and Relief Acts (20-1895-0-1-808).
``Compact of Free Association (14-0415-0-1-808).
``Compensation of the President (11-0209-01-1-802).
``Comptroller of the Currency, Assessment Funds (20-8413-0-
8-373).
``Continuing Fund, Southeastern Power Administration (89-
5653-0-2-271).
``Continuing Fund, Southwestern Power Administration (89-
5649-0-2-271).
``Dual Benefits Payments Account (60-0111-0-1-601).
``Emergency Fund, Western Area Power Administration (89-
5069-0-2-271).
``Exchange Stabilization Fund (20-4444-0-3-155).
``Farm Credit Administration Operating Expenses Fund (78-
4131-0-3-351).
``Farm Credit System Insurance Corporation, Farm Credit
Insurance Fund (78-4171-0-3-351).
``Federal Deposit Insurance Corporation, Deposit Insurance
Fund (51-4596-0-4-373).
``Federal Deposit Insurance Corporation, FSLIC Resolution
Fund (51-4065-0-3-373).
``Federal Deposit Insurance Corporation, Noninterest
Bearing Transaction Account Guarantee (51-4458-0-3-373).
``Federal Deposit Insurance Corporation, Senior Unsecured
Debt Guarantee (51-4457-0-3-373).
``Federal Home Loan Mortgage Corporation (Freddie Mac).
``Federal Housing Finance Agency, Administrative Expenses
(95-5532-0-2-371).
``Federal National Mortgage Corporation (Fannie Mae).
``Federal Payment to the District of Columbia Judicial
Retirement and Survivors Annuity Fund (20-1713-0-1-752).
``Federal Payment to the District of Columbia Pension Fund
(20-1714-0-1-601).
``Federal Payments to the Railroad Retirement Accounts (60-
0113-0-1-601).
``Federal Reserve Bank Reimbursement Fund (20-1884-0-1-
803).
``Financial Agent Services (20-1802-0-1-803).
``Foreign Military Sales Trust Fund (11-8242-0-7-155).
``Hazardous Waste Management, Conservation Reserve Program
(12-4336-0-3-999).
``Host Nation Support Fund for Relocation (97-8337-0-7-
051).
``Internal Revenue Collections for Puerto Rico (20-5737-0-
2-806).
``Intragovernmental funds, including those from which the
outlays are derived primarily from resources paid in from other
government accounts, except to the extent such funds are
augmented by direct appropriations for the fiscal year during
which an order is in effect.
``Medical Facilities Guarantee and Loan Fund (75-9931-0-3-
551).
``National Credit Union Administration, Central Liquidity
Facility (25-4470-0-3-373).
``National Credit Union Administration, Corporate Credit
Union Share Guarantee Program (25-4476-0-3-376).
``National Credit Union Administration, Credit Union
Homeowners Affordability Relief Program (25-4473-0-3-371).
``National Credit Union Administration, Credit Union Share
Insurance Fund (25-4468-0-3-373).
``National Credit Union Administration, Credit Union System
Investment Program (25-4474-0-3-376).
``National Credit Union Administration, Operating fund (25-
4056-0-3-373).
``National Credit Union Administration, Share Insurance
Fund Corporate Debt Guarantee Program (25-4469-0-3-376).
``National Credit Union Administration, U.S. Central
Federal Credit Union Capital Program (25-4475-0-3-376).
``Office of Thrift Supervision (20-4108-0-3-373).
``Panama Canal Commission Compensation Fund (16-5155-0-2-
602).
``Payment of Vietnam and USS Pueblo prisoner-of-war claims
within the Salaries and Expenses, Foreign Claims Settlement
account (15-0100-0-1-153).
``Payment to Civil Service Retirement and Disability Fund
(24-0200-0-1-805).
``Payment to Department of Defense Medicare-Eligible
Retiree Health Care Fund (97-0850-0-1-054).
``Payment to Judiciary Trust Funds (10-0941-0-1-752).
``Payment to Military Retirement Fund (97-0040-0-1-054).
``Payment to the Foreign Service Retirement and Disability
Fund (19-0540-0-1-153).
``Payments to Copyright Owners (03-5175-0-2-376).
``Payments to Health Care Trust Funds (75-0580-0-1-571).
``Payment to Radiation Exposure Compensation Trust Fund
(15-0333-0-1-054).
``Payments to Social Security Trust Funds (28-0404-0-1-
651).
``Payments to the United States Territories, Fiscal
Assistance (14-0418-0-1-806).
``Payments to trust funds from excise taxes or other
receipts properly creditable to such trust funds.
``Payments to widows and heirs of deceased Members of
Congress (00-0215-0-1-801).
``Postal Service Fund (18-4020-0-3-372).
``Radiation Exposure Compensation Trust Fund (15-8116-0-1-
054).
``Reimbursement to Federal Reserve Banks (20-0562-0-1-803).
``Salaries of Article III judges.
``Soldiers and Airmen's Home, payment of claims (84-8930-0-
7-705).
``Tennessee Valley Authority Fund, except nonpower programs
and activities (64-4110-0-3-999).
``Tribal and Indian trust accounts within the Department of
the Interior which fund prior legal obligations of the
Government or which are established pursuant to Acts of
Congress regarding Federal management of tribal real property
or other fiduciary responsibilities, including but not limited
to Tribal Special Fund (14-5265-0-2-452), Tribal Trust Fund
(14-8030-0-7-452), White Earth Settlement (14-2204-0-1-452),
and Indian Water Rights and Habitat Acquisition (14-5505-0-2-
303).
``United Mine Workers of America 1992 Benefit Plan (95-
8260-0-7-551).
``United Mine Workers of America 1993 Benefit Plan (95-
8535-0-7-551).
``United Mine Workers of America Combined Benefit Fund (95-
8295-0-7-551).
``United States Enrichment Corporation Fund (95-4054-0-3-
271).
``Universal Service Fund (27-5183-0-2-376).
``Vaccine Injury Compensation (75-0320-0-1-551).
``Vaccine Injury Compensation Program Trust Fund (20-8175-
0-7-551).
``(B) The following Federal retirement and disability accounts
and activities shall be exempt from reduction under any order
issued under this part:
``Black Lung Disability Trust Fund (20-8144-0-7-601).
``Central Intelligence Agency Retirement and Disability
System Fund (56-3400-0-1-054).
``Civil Service Retirement and Disability Fund (24-8135-0-
7-602).
``Comptrollers general retirement system (05-0107-0-1-801).
``Contributions to U.S. Park Police annuity benefits, Other
Permanent Appropriations (14-9924-0-2-303).
``Court of Appeals for Veterans Claims Retirement Fund (95-
8290-0-7-705).
``Department of Defense Medicare-Eligible Retiree Health
Care Fund (97-5472-0-2-551).
``District of Columbia Federal Pension Fund (20-5511-0-2-
601).
``District of Columbia Judicial Retirement and Survivors
Annuity Fund (20-8212-0-7-602).
``Energy Employees Occupational Illness Compensation Fund
(16-1523-0-1-053).
``Foreign National Employees Separation Pay (97-8165-0-7-
051).
``Foreign Service National Defined Contributions Retirement
Fund (19-5497-0-2-602).
``Foreign Service National Separation Liability Trust Fund
(19-8340-0-7-602).
``Foreign Service Retirement and Disability Fund (19-8186-
0-7-602).
``Government Payment for Annuitants, Employees Health
Benefits (24-0206-0-1-551).
``Government Payment for Annuitants, Employee Life
Insurance (24-0500-0-1-602).
``Judicial Officers' Retirement Fund (10-8122-0-7-602).
``Judicial Survivors' Annuities Fund (10-8110-0-7-602).
``Military Retirement Fund (97-8097-0-7-602).
``National Railroad Retirement Investment Trust (60-8118-0-
7-601).
``National Oceanic and Atmospheric Administration
retirement (13-1450-0-1-306).
``Pensions for former Presidents (47-0105-0-1-802).
``Postal Service Retiree Health Benefits Fund (24-5391-0-2-
551).
``Public Safety Officer Benefits (15-0403-0-1-754).
``Rail Industry Pension Fund (60-8011-0-7-601).
``Retired Pay, Coast Guard (70-0602-0-1-403).
``Retirement Pay and Medical Benefits for Commissioned
Officers, Public Health Service (75-0379-0-1-551).
``Special Benefits for Disabled Coal Miners (16-0169-0-1-
601).
``Special Benefits, Federal Employees' Compensation Act
(16-1521-0-1-600).
``Special Workers Compensation Expenses (16-9971-0-7-601).
``Tax Court Judges Survivors Annuity Fund (23-8115-0-7-
602).
``United States Court of Federal Claims Judges' Retirement
Fund (10-8124-0-7-602).
``United States Secret Service, DC Annuity (70-0400-0-1-
751).
``Voluntary Separation Incentive Fund (97-8335-0-7-051).
``(2) Prior legal obligations of the Government in the
following budget accounts and activities shall be exempt from any
order issued under this part:
``Biomass Energy Development (20-0114-0-1-271).
``Check Forgery Insurance Fund (20-4109-0-3-803).
``Credit liquidating accounts.
``Credit reestimates.
``Employees Life Insurance Fund (24-8424-0-8-602).
``Federal Aviation Insurance Revolving Fund (69-4120-0-3-
402).
``Federal Crop Insurance Corporation Fund (12-4085-0-3-
351).
``Federal Emergency Management Agency, National Flood
Insurance Fund (58-4236-0-3-453).
``Geothermal resources development fund (89-0206-0-1-271).
``Low-Rent Public Housing--Loans and Other Expenses (86-
4098-0-3-604).
``Maritime Administration, War Risk Insurance Revolving
Fund (69-4302-0-3-403).
``Natural Resource Damage Assessment Fund (14-1618-0-1-
302).
``Overseas Private Investment Corporation, Noncredit
Account (71-4184-0-3-151).
``Pension Benefit Guaranty Corporation Fund (16-4204-0-3-
601).
``San Joaquin Restoration Fund (14-5537-0-2-301).
``Servicemembers' Group Life Insurance Fund (36-4009-0-3-
701).
``Terrorism Insurance Program (20-0123-0-1-376).
``(h) Low-income Programs.--The following programs shall be exempt
from reduction under any order issued under this part:
``Academic Competitiveness/Smart Grant Program (91-0205-0-1-
502).
``Child Care Entitlement to States (75-1550-0-1-609).
``Child Enrollment Contingency Fund (75-5551-0-2-551).
``Child Nutrition Programs (with the exception of special milk
programs) (12-3539-0-1-605).
``Children's Health Insurance Fund (75-0515-0-1-551).
``Commodity Supplemental Food Program (12-3507-0-1-605).
``Contingency Fund (75-1522-0-1-609).
``Family Support Programs (75-1501-0-1-609).
``Federal Pell Grants under section 401 Title IV of the Higher
Education Act.
``Grants to States for Medicaid (75-0512-0-1-551).
``Payments for Foster Care and Permanency (75-1545-0-1-609).
``Supplemental Nutrition Assistance Program (12-3505-0-1-605).
``Supplemental Security Income Program (28-0406-0-1-609).
``Temporary Assistance for Needy Families (75-1552-0-1-609).''.
(d) Additional Excluded Programs.--Section 255 of BBEDCA is amended
by adding the following after subsection (h):
``(i) Economic Recovery Programs.--The following programs shall be
exempt from reduction under any order issued under this part:
``GSE Preferred Stock Purchase Agreements (20-0125-0-1-371).
``Office of Financial Stability (20-0128-0-1-376).
``Special Inspector General for the Troubled Asset Relief
Program (20-0133-0-1-376).
``(j) Split Treatment Programs.--Each of the following programs
shall be exempt from any order under this part to the extent that the
budgetary resources of such programs are subject to obligation
limitations in appropriations bills:
``Federal-Aid Highways (69-8083-0-7-401).
``Highway Traffic Safety Grants (69-8020-0-7-401).
``Operations and Research NHTSA and National Driver Register (69-
8016-0-7-401).
``Motor Carrier Safety Operations and Programs (69-8159-0-7-401).
``Motor Carrier Safety Grants (69-8158-0-7-401).
``Formula and Bus Grants (69-8350-0-7-401).
``Grants-In-Aid for Airports (69-8106-0-7-402).''.
SEC. 12. DETERMINATIONS AND POINTS OF ORDER.
Nothing in this title shall be construed as limiting the authority
of the chairmen of the Committees on the Budget of the House and Senate
under section 312 of the Congressional Budget Act of 1974. CBO may
consult with the Chairmen of the House and Senate Budget Committees to
resolve any ambiguities in this title.
SEC. 13. LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.
(a) Limitation on Changes to the Social Security Act.--
Notwithstanding any other provision of law, it shall not be in order in
the Senate or the House of Representatives to consider any bill or
resolution pursuant to any expedited procedure to consider the
recommendations of a Task Force for Responsible Fiscal Action or other
commission that contains recommendations with respect to the old-age,
survivors, and disability insurance program established under title II
of the Social Security Act, or the taxes received under subchapter A of
chapter 9; the taxes imposed by subchapter E of chapter 1; and the
taxes collected under section 86 of part II of subchapter B of chapter
1 of the Internal Revenue Code.
(b) Waiver.--This section may be waived or suspended in the Senate
only by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(c) Appeals.--An affirmative vote of three-fifths of the Members of
the Senate, duly chosen and sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on a point of order raised
under this section.
TITLE II--ELIMINATION OF DUPLICATIVE AND WASTEFUL SPENDING
SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF DUPLICATIVE
GOVERNMENT PROGRAMS.
The Comptroller General of the Government Accountability Office
shall conduct routine investigations to identify programs, agencies,
offices, and initiatives with duplicative goals and activities within
Departments and governmentwide and report annually to Congress on the
findings, including the cost of such duplication and with
recommendations for consolidation and elimination to reduce duplication
identifying specific rescissions.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.