BBEDCA (Contents)

Balanced Budget and Emergency Deficit Control Act of 1985

Section 255

Title II—Deficit Reduction Procedures 

PART C—EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT

SEC. 255. EXEMPT PROGRAMS AND ACTIVITIES.^[1] 

(a) Social Security Benefits and Tier I Railroad Retirement.— 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 sections 3 and 4 of the Railroad Retirement Act of 1937 (45 U.S.C. 231 et seq.), 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.

(e) Non-Defense Unobligated Balances.—Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense category, shall be exempt from reduction under any order issued under this part.

(f) Optional Exemption of Military Personnel.—

(1) In general.—The President may, with respect to any military personnel account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply.

(2) Limitation.—The President may not use the authority provided by paragraph (1) unless the President notifies the Congress of the manner in which such authority will be exercised on or before the date specified in section 254(a) for the budget year.

(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).^[2]

Federal Housing Finance Agency, Administrative Expenses (95–5532–0–2–371).

Federal National Mortgage Corporation (Fannie Mae).^[3]

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).

September 11th Victim Compensation Fund (15–0340–0–1–754).

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).

Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note).

United States Victims of State Sponsored Terrorism Fund.^[4] 

Voluntary Separation Incentive Fund (97–8335–0–7– 051).

World Trade Center Health Program Fund (75–0946–0–1–551).

(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).^[5] 

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.^[6]

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).

(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^[7] 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).

(k) Identification of Programs.—For purposes of subsections (b), (g), and (h), each account is identified by the designated budget account identification code number set forth in the Budget of the United States Government 2010–Appendix, and an activity within an account is designated by the name of the activity and the identification code number of the account.

Previous: Section 254 (BBEDCA)	Next: Section 256 (BBEDCA)

COUNSEL NOTES

Codification

This section is classified to the U.S. Code at 2 U.S.C. 905.

COUNSEL ENDNOTES

[1] See section 256(d)(7) of BBEDCA for three additional Medicare-related programs exempt from sequestration. See also section 6(a)(2) of the Statutory Pay-As-You-Go Act of 2010 (S-Paygo) (Pub. L. 111-139): This section sets out the calculation for sequestration under that law and indicates that the list of programs exempted from sequestration is to be found in section 11 of S-Paygo. Section 11 amended section 255 of BBEDCA, so no programs are formally listed there and is not even classified to the U.S. Code. Only the amended and restated list from section 255 (BBEDCA) is displayed there, and that does not reflect subsequent amendments. OMB has ignored this drafting error in applying sequestration procedures. 

[2] Freddie Mac is considered to be a non-budgetary entity. It does have two account numbers associated with it:  identification codes 39–4988–0–4–371 and 39–4989–0–4–371. Section 255 does not include these numbers.

[3] Fannie Mae is considered to be a non-budgetary entity. It has two account numbers associated with it:  identification codes 39–4986–0–4–371 and 39–4987–0–4–371. Section 255 does not include these numbers.

[4] The Identification code for the United States Victims of State Sponsored Terrorism Fund is 015–5608–0–2–754. 

[5] Section 1470(a) of the BUILD Act of 2018 (division F of Public Law 115-254, H.R. 302 (115th Congress, pp. 330-331)) provides for an amendment to strike ‘‘Overseas Private Investment Corporation, Noncredit Account (71– 4184–0–3–151).’’ and insert ‘‘United States International Development Finance Corporation.’’. Section 1470(w) of such Act states ‘‘The amendments made by this section shall take effect at the end of the transition period.’’. Section 1461(2) of such Act defines the term ‘‘transition pe- riod’’ as follows: ‘‘The term ‘transition period’ means the period—(A) beginning on the date of the enactment of this Act; and (B) ending on the effective date of the reorganization plan re- quired by section 1462(e).’’. For details relating to the reorganization plan, see section 1462(e) of such Act.

[6] Though the number itself is not included in this section, the identification code for Pell Grants direct spending component is 91–0200–0–1–502.

[7] NHTSA is the “National Highway Traffic Safety Administration”.

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Legislative History Notes

Public Laws 

Pub. L. 99–177, title II, §255, Dec. 12, 1985, 99 Stat. 1082  (Balanced Budget and Emergency Deficit Control Act of 1985).

Pub. L. 99–509, title VII, §7002(a), Oct. 21, 1986, 100 Stat. 1949  (Omnibus Budget Reconciliation Act of 1986).

Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095  (Tax Reform Act of 1986).

Pub. L. 100–86, title V, §506(a), Aug. 10, 1987, 101 Stat. 634  (Competitive Equality Banking Act of 1987).

Pub. L. 100–119, title I, §104(a)(1), (2), (b), (c)(1), Sept. 29, 1987, 101 Stat. 775–777  (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).

Pub. L. 101–73, title VII, §743(a), (c), Aug. 9, 1989, 103 Stat. 437  (Financial Institutions Reform, Recovery, and Enforcement Act of 1989).

Pub. L. 101–220, §8, Dec. 12, 1989, 103 Stat. 1876, 1881  (An Act to make technical and correcting changes in agriculture programs).

Pub. L. 101–508, title XIII, §13101(c), Nov. 5, 1990, 104 Stat. 1388–589  (Budget Enforcement Act of 1990).

Pub. L. 102–54, §13(a), June 13, 1991, 105 Stat. 274  (An Act to “amend title 38, United States Code, with respect to veterans programs for housing and memorial affairs”).

Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 378, 406  (Department of Veterans Affairs Codification Act).

Pub. L. 102–486, title IX, §902(d), Oct. 24, 1992, 106 Stat. 2776, 2944  (Energy Policy Act of 1992).

Pub. L. 102–572, title VI, §601, Oct. 29, 1992, 106 Stat. 4514  (Federal Courts Administration Act of 1992).

Pub. L. 104–193, title I, §110(r)(1), Aug. 22, 1996, 110 Stat. 2175  (Personal Responsibility and Work Opportunity Reconciliation Act of 1996)^[7].

Pub. L. 104–208, div. A, title II, §2704(d)(10), Sept. 30, 1996, 110 Stat. 3009–489 (Omnibus Consolidated Appropriations Act, 1997).

Pub. L. 105–33, title X, §10207, Aug. 5, 1997, 111 Stat. 704  (Budget Enforcement Act of 1997).

Pub. L. 109–171, title II, §2102(b), Feb. 8, 2006, 120 Stat. 9  (Deficit Reduction Act of 2005).

Pub. L. 111–139, title I, §11, Feb. 12, 2010, 124 Stat. 23  (Statutory Pay-As-You-Go Act of 2010).

Pub. L. 113–67, div. A, title I, §121(5)–(8), Dec. 26, 2013, 127 Stat. 1175 (Bipartisan Budget Act of 2013).

Pub. L. 114–113, div. O, title IV, §403(a), Dec. 18, 2015, 129 Stat. 3007, (Consolidated Appropriations Act of 2015).

References in Text

The Social Security Act, referred to in subsection (a), is Pub. L. 74-271, Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of Title 42, The Public Health and Welfare (U.S. Code).

Sections 231b and 231c of title 45, referred to in subsection (a), were originally references to sections 3 and 4 of the Railroad Retirement Act of 1937 (45 U.S.C. 231 et seq.), and were translated as meaning sections 3 and 4 of the Railroad Retirement Act of 1974, to reflect the probable intent of Congress. The Railroad Retirement Act of 1937,^[8] Pub. L. 74-399, August 29, 1935, ch. 812, 49 Stat. 967 as restated by Pub. L. 75-162, June 24, 1937, ch. 382, pt. I, 50 Stat. 307, was amended in its entirety and completely revised by Pub. L. 93–445, title I, Oct. 16, 1974, 88 Stat. 1305, and it was redesignated as the Railroad Retirement Act of 1974. It is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads of the U.S. Code.

The Federal Employees’ Compensation Act, referred to in subsection (g)(1)(B), which is Pub. L. 64-266, Sept. 7, 1916, ch. 458,39 Stat. 742, was repealed and the provisions thereof reenacted as subchapter I of chapter 81 of Title 5, Government Organization and Employees (U.S. Code), by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.^[9]

Amendments 

2015 

Subsection (g).

Pub. L. 114-113 (Consolidated Appropriations Act of 2015) added by the following, amending subsection (g): 

SEC. 403. AMENDMENT TO EXEMPT PROGRAMS.

(a) In General.—Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by—

(1) inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following:

“September 11th Victim Compensation Fund (15–0340–0– 1–754).”;

(2) inserting after the item relating to United States Secret Service, DC Annuity the following:

“Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note).

“United States Victims of State Sponsored Terrorism Fund.”; and

(3) inserting after the item relating to the Voluntary Separation Incentive Fund the following:

“World Trade Center Health Program Fund (75–0946–0– 1–551).”.

(b) Applicability.—The amendments made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act. 

2013

Subsection (a).

Pub. L. 113–67, §121(5) (Bipartisan Budget Act of 2013), substituted “sections 231b and 231c of title 45” for “section 231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45”.

Subsection (h).

Pub. L. 113–67, §121(6) (BBA 2013), in item relating to Federal Pell Grants, made technical amendment to reference in original act which appears in text as reference to section 1070a of title 20.

Subsection (j).

Pub. L. 113–67, §121(8) (BBA 2013), redesignated subsection (j) relating to identification of programs as (k).

Pub. L. 113–67, §121(7) (BBA 2013), realigned margins of list items.

Subsection (k).

Pub. L. 113–67, §121(8) (BBA 2013), redesignated subsection (j) relating to identification of programs as (k).

2010 

Subsections (a) to (d).

Pub. L. 111–139, §11(b) (Statutory Pay-As-You-Go Act of 2010), amended subsections (a) to (d) generally. Prior to amendment, subsections (a) to (d) related to exemptions for social security benefits and tier I railroad retirement benefits, veterans programs, net interest, and earned income tax credit, respectively.

Subsections (g) and (h).

Pub. L. 111–139, §11(c) (S-Paygo 2010), amended subsections (g) and (h) generally. Prior to amendment, subsections (g) and (h) related to exemptions for other programs and activities and low-income programs, respectively.

Subsection (i).

Pub. L. 111–139, §11(d) (S-Paygo 2010), added subsection (i). Former subsection (i) redesignated (j) relating to identification of programs.

Subsection (j).

Pub. L. 111–139, §11(d) (S-Paygo 2010), added subsection (j) relating to split treatment programs.

Pub. L. 111–139, §11(a) (S-Paygo 2010), redesignated subsection (i) as (j) relating to identification of programs and substituted “2010” for “1998”.

2006

Subsection (g)(1)(A).

Pub. L. 109–171 (Deficit Reduction Act of 2005) repealed Pub. L. 104–208, §2704(d)(10) (Omnibus Consolidated Appropriations Act, 1997). See 1996 Amendment note below.

1997

Subsection (b).

Pub. L. 105–33, §10207(a) (Budget Enforcement Act of 1997), substituted “Veterans Insurance and Indemnities” for “Veterans Insurance and Indemnity”, “Canteen Service Revolving Fund” for “Veterans’ Canteen Service Revolving Fund”, “(36–0120–0–1–701)” for “(36–0137–0–1–702)” in item relating to benefits under chapter 21 of title 38, “Compensation” for “Veterans’ compensation”, and “Pensions” for “Veterans’ pensions” and inserted at end items relating to benefits under chapter 35 of title 38, assistance and services under chapter 31 of title 38, benefits under subchapters I, II, and III of chapter 37 of title 38, Loan Guaranty Program Account, and Direct Loan Program Account.

Subsection (f).

Pub. L. 105–33, §10207(b) (BEA 1997), amended heading and text of subsection (f) generally. Prior to amendment, text read as follows: “Outlays for programs specified in paragraph (1) of section 907 of this title shall be subject to reduction only in accordance with the procedures established in section 901(a)(3)(C) and 906(b) of this title.”

Subsection (g)(1)(A).

Pub. L. 105–33, §10207(c)(1)(KK) (BEA 1997), inserted items relating to Thrift Savings Fund, United States Enrichment Corporation (95–4054–0–3–271), Vaccine Injury Compensation, and Vaccine Injury Compensation Program Trust Fund.

Pub. L. 105–33, §10207(c)(1)(JJ) (BEA 1997), inserted “Revolving Fund (22–4055–0–3–373)” before semicolon in item relating to the Resolution Trust Corporation.

Pub. L. 105–33, §10207(c)(1)(II) (BEA 1997), struck out “Resolution Funding Corporation;” after item relating to postal service fund.

Pub. L. 105–33, §10207(c)(1)(HH) (BEA 1997), substituted “806” for “852” in item relating to payments to the United States territories.

Pub. L. 105–33, §10207(c)(1)(GG) (BEA 1997), struck out “Payments to state and local government fiscal assistance trust fund (20–2111–0–1–851);” after item relating to payments to social security trust funds.

Pub. L. 105–33, §10207(c)(1)(FF) (BEA 1997), substituted “651” for “571” in item relating to payments to social security trust funds.

Pub. L. 105–33, §10207(c)(1)(EE) (BEA 1997), struck out “Compact of Free Association, economic assistance pursuant to Public Law 99–658 (14–0415–0–1–806);” after item relating to payments to military retirement fund.

Pub. L. 105–33, §10207(c)(1)(DD) (BEA 1997), substituted “571” for “572” in item relating to payments to health care trust funds.

Pub. L. 105–33, §10207(c)(1)(CC) (BEA 1997), inserted item relating to Office of Thrift Supervision.

Pub. L. 105–33, §10207(c)(1)(BB) (BEA 1997), substituted “Credit union share” for “credit union share” and inserted before semicolon “(25–4468–0–3–373)” in third item relating to National Credit Union Administration.

Pub. L. 105–33, §10207(c)(1)(AA) (BEA 1997), substituted “Central” for “central” and inserted before semicolon “(25–4470–0–3–373)” in second item relating to National Credit Union Administration.

Pub. L. 105–33, §10207(c)(1)(Z) (BEA 1997), inserted “operating fund (25–4056–0–3–373)” before semicolon in first item relating to National Credit Union Administration.

Pub. L. 105–33, §10207(c)(1)(Y) (BEA 1997), substituted “(75–9931–0–3–550)” for “(75–4430–0–3–551)” in item relating to medical facilities guarantee and loan fund.

Pub. L. 105–33, §10207(c)(1)(X) (BEA 1997), substituted “Panama Canal Commission, Panama Canal Revolving Fund (95–4061–0–3–403);” for “Panama Canal Commission, operating expenses (95–5190–0–2–403), and Panama Canal Commission, capital outlay (95–5190–0–2–403);”.

Pub. L. 105–33, §10207(c)(1)(W) (BEA 1997), substituted “806” for “852” in item relating to internal revenue collections for Puerto Rico.

Pub. L. 105–33, §10207(c)(1)(V) (BEA 1997), struck out “and insurance” after “Higher education facilities loans”.

Pub. L. 105–33, §10207(c)(1)(U) (BEA 1997), inserted “program account” after “fund” and substituted “(75–0340–0–1–552)” for “(Health Education Assistance Loan Program) (75–4305–0–3–553)” in item relating to health professions graduate student loan insurance fund.

Pub. L. 105–33, §10207(c)(1)(T) (BEA 1997), substituted “accounts” for “account” after “Federal payment to the railroad retirement”.

Pub. L. 105–33, §10207(c)(1)(S) (BEA 1997), inserted “(95–4039–0–3–371)” before semicolon in item relating to Federal Housing Finance Board.

Pub. L. 105–33, §10207(c)(1)(R) (BEA 1997), inserted “(51–4066–0–3–373)” before semicolon in third item relating to Federal Deposit Insurance Corporation.

Pub. L. 105–33, §10207(c)(1)(Q) (BEA 1997), inserted “(51–4065–0–3–373)” before semicolon in second item relating to Federal Deposit Insurance Corporation.

Pub. L. 105–33, §10207(c)(1)(P), inserted “(51–4064–0–3–373)” before semicolon in first item relating to Federal Deposit Insurance Corporation.

Pub. L. 105–33, §10207(c)(1)(O) (BEA 1997), struck out “Federal Deposit Insurance Corporation;” after item relating to Farm Credit System Financial Assistance Corporation, interest payments (20–1850–0–1–351).

Pub. L. 105–33, §10207(c)(1)(N) (BEA 1997), inserted items relating to Farm Credit Administration and Farm Credit System Financial Assistance Corporation, interest payment (20–1850–0–1–908).

Pub. L. 105–33, §10207(c)(1)(M) (BEA 1997), struck out “Eastern Indian land claims settlement fund (14–2202–0–1–806);” after item relating to dual benefits payments account.

Pub. L. 105–33, §10207(c)(1)(L) (BEA 1997), struck out “Director of the Office of Thrift Supervision;” after item relating to Comptroller of the Currency.

Pub. L. 105–33, §10207(c)(1)(K), inserted “, Assessment funds (20–8413–0–8–373)” before semicolon in item relating to the Comptroller of the Currency.

Pub. L. 105–33, §10207(c)(1)(J) (BEA 1997), substituted “806” for “852” in item relating to the Customs Service.

Pub. L. 105–33, §10207(c)(1)(I) (BEA 1997), inserted item relating to Conservation Reserve Program.

Pub. L. 105–33, §10207(c)(1)(H) (BEA 1997), inserted item relating to Compact of Free Association.

Pub. L. 105–33, §10207(c)(1)(G) (BEA 1997), struck out “Coinage profit fund (20–5811–0–2–803);” after item relating to claims, judgments, and relief acts.

Pub. L. 105–33, §10207(c)(1)(F) (BEA 1997), substituted “808” for “806” in item relating to claims, judgments, and relief acts.

Pub. L. 105–33, §10207(c)(1)(E) (BEA 1997), struck out “Claims, defense (97–0102–0–1–051);” after second item relating to Bureau of Indian Affairs.

Pub. L. 105–33, §10207(c)(1)(D) (BEA 1997), substituted “Miscellaneous trust funds” for “miscellaneous trust funds, tribal trust funds” in second item relating to Bureau of Indian Affairs.

Pub. L. 105–33, §10207(c)(1)(C) (BEA 1997), inserted “Indian land and water claims settlements and” after comma in first item relating to Bureau of Indian Affairs.

Pub. L. 105–33, §10207(c)(1)(B) (BEA 1997), struck out “Thrift Savings Fund (26–8141–0–7–602);” after item relating to administration of Territories, Northern Mariana Islands Covenant grants.

Pub. L. 105–33, §10207(c)(1)(A) (BEA 1997), inserted item relating to activities financed by voluntary payments to Government.

Subsection (g)(1)(B).

Pub. L. 105–33, §10207(c)(2)(E) (BEA 1997), substituted “Railroad Industry Pension Fund” for “Railroad retirement tier II”.

Pub. L. 105–33, §10207(c)(2)(D) (BEA 1997), inserted “Special workers compensation expenses,” before “Longshoremen’s and harborworkers’ compensation benefits”.

Pub. L. 105–33, §10207(c)(2)(C) (BEA 1997), substituted “Claims Judges’ Retirement Fund” for “Court of Federal Claims Judges’ Retirement Fund”.

Pub. L. 105–33, §10207(c)(2)(B) (BEA 1997), substituted “Black Lung Disability Trust Fund” for “Black lung benefits”.

Pub. L. 105–33, §10207(c)(2)(A) (BEA 1997), substituted “The following Federal retirement and disability accounts” for “The following budget accounts” in introductory provisions.

Subsection (g)(2).

Pub. L. 105–33, §10207(c)(3)(E) (BEA 1997), struck out items “Credit union share insurance fund (25–4468–0–3–371);” and “Economic development revolving fund (13–4406–0–3–452);” after item relating to credit liquidating accounts, item “Export-Import Bank of the United States, Limitation of program activity (83–4027–0–3–155);” after item relating to energy security reserve (Synthetic Fuels Corporation), item “Federal Deposit Insurance Corporation (51–8419–0–8–371);” after item relating to Federal Crop Insurance Corporation fund, items “Federal Housing Administration fund (86–4070–0–3–371);”, “Federal ship financing fund (69–4301–0–3–403);”, and “Federal ship financing fund, fishing vessels (13–4417–0–3–376);” after item relating to Federal Emergency Management Agency National insurance development fund, items “Government National Mortgage Association, Guarantees of mortgage-backed securities (86–4238–0–3–371);” and “Health education loans (75–4307–0–3–553);” after item relating to geothermal resources development fund, item “Indian loan guarantee and insurance fund (14–4410–0–3–452);” after item relating to homeowners assistance fund, defense, and items “Railroad rehabilitation and improvement financing fund (69–4411–0–3–401);”, “Rural development insurance fund (12–4155–0–3–452);”, “Rural electric and telephone revolving fund (12–4230–8–3–271);”, “Rural housing insurance fund (12–4141–0–3–371);”, “Small Business Administration, Business loan and investment fund (73–4154–0–3–376);”, “Small Business Administration, Lease guarantees revolving fund (73–4157–0–3–376);”, “Small Business Administration, Pollution control equipment contract guarantee revolving fund (73–4147–0–3–376);”, “Small Business Administration, Surety bond guarantees revolving fund (73–4156–0–3–376);”, and “Department of Veterans Affairs, Loan guaranty revolving fund (36–4025–0–3–704);” after item relating to rail service assistance.

Pub. L. 105–33, §10207(c)(3)(D) (BEA 1997), inserted item relating to credit liquidating accounts.

Pub. L. 105–33, §10207(c)(3)(C) (BEA 1997), struck out “Community development grant loan guarantees (86–0162–0–1–451);” after item relating to United States Treasury check forgery insurance fund.

Pub. L. 105–33, §10207(c)(3)(B) (BEA 1997), substituted “United States Treasury check forgery insurance fund” for “Check forgery insurance fund”.

Pub. L. 105–33, §10207(c)(3)(A) (BEA 1997), struck out items “Agency for International Development, Housing, and other credit guarantee programs (72–4340–0–3–151);” and “Agricultural credit insurance fund (12–4140–0–3–351);” after “order issued under this subchapter:”.

Subsection (h).

Pub. L. 105–33, §10207(f) (BEA 1997), struck out heading and text of subsection (h) relating to optional exemption of military personnel. Text read as follows:

(1) The President may, with respect to any military personnel account, exempt that account from sequestration or provide for a lower uniform percentage reduction than would otherwise apply.

(2) The President may not use the authority provided by paragraph (1) unless he notifies the Congress of the manner in which such authority will be exercised on or before the initial snapshot date for the budget year.

Pub. L. 105–33, §10207(d)(4) (BEA 1997), inserted item relating to family support payments to States.

Pub. L. 105–33, §10207(d)(3) (BEA 1997), substituted item relating to special supplemental nutrition program for women, infants, and children (WIC) for “Women, infants, and children program (12–3510–0–1–605).”.

Pub. L. 105–33, §10207(d)(2) (BEA 1997), inserted items relating to temporary assistance for needy families, contingency fund, and child care entitlement to States.

Pub. L. 105–33, §10207(d)(1) (BEA 1997), substituted item relating to child nutrition programs for “Child nutrition (12–3539–0–1–605);”.

Subsection (i).

Pub. L. 105–33, §10207(e) (BEA 1997), amended heading and text of subsection (i) generally. Prior to amendment, text read as follows: “For purposes of subsections (g) and (h) of this section, programs are identified by the designated budget account identification code numbers set forth in the Budget of the United States Government, 1986-Appendix.”

1996

Subsection (g)(1)(A).

Pub. L. 104–208, §2704(d)(10) (Omnibus Consolidated Appropriations Act, 1997), which directed the amendment of subparagraph (A) by substituting “Deposit Insurance Fund” for “Bank Insurance Fund” and by striking “Federal Deposit Insurance Corporation, Savings Association Insurance fund;”, was not executed and was repealed by Pub. L. 109–171 (Deficit Reduction Act of 2005). See Effective Date of 1996 Amendments note below.

Subsection (h).

Pub. L. 104–193 (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) substituted “Block grants to States for temporary assistance for needy families;” for “Aid to families with dependent children (75–0412–0–1–609);”.

1992

Subsection (g)(1)(A).

Pub. L. 102–572, §601(b) (Federal Courts Administration Act of 1992), inserted item relating to payment to Judiciary Trust Funds.

Pub. L. 102–486 (Energy Policy Act of 1992) inserted item relating to United States Enrichment Corporation.

Subsection (g)(1)(B).

Pub. L. 102–572, §601(a) (Federal Courts Administration Act of 1992), inserted items relating to Judicial Officers’ Retirement Fund and Court of Federal Claims Judges’ Retirement Fund.

1991

Subsection (b).

Pub. L. 102–83 (Department of Veterans Affairs Codification Act) substituted “section 2307 of title 38” for “section 907 of title 38” in item relating to burial benefits for veterans.

Subsection (g)(2).

Pub. L. 102–54 (“An Act to amend … Veterans Affairs Codification Act), substituted the last two items relating to Department of Veterans Affairs for items relating to Veterans Administration, Loan guaranty revolving fund, and Veterans Administration, Servicemen’s group life insurance fund.

1990

Subsection (a).

Pub. L. 101–508, §13101(c)(1) (BEA 1990), amended subsection (a) generally. Prior to amendment, subsection (a) read as follows: “Increases in benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act, or in benefits payable under section 231b(a), 231b(f)(3), 231c(a), or 231c(f) of title 45, shall not be considered ‘automatic spending increases’ for purposes of this title; and no reduction in any such increase or in any of the benefits involved shall be made under any order issued under this subchapter.”

Subsection (e).

Pub. L. 101–508, §13101(c)(2) (BEA 1990), amended subsection (e) generally. Prior to amendment, subsection (e) read as follows: “Offsetting receipts and collections shall not be reduced under any order issued under this subchapter.”

Subsection (g)(1)(B).

Pub. L. 101–508, §13101(c)(3) (BEA 1990), inserted item relating to railroad supplemental annuity pension fund.

Subsection (h).

Pub. L. 101–508, §13101(c)(4) (BEA 1990), added subsection (h) relating to optional exemption of military personnel.

1989

Subsection (g)(1)(A).

Pub. L. 101–220 (An Act To make technical and correcting changes in agriculture programs) amended the subsection by inserting “Farm Credit System Financial Assistance Corporation, interest payments (20-1850-0-1-351);” after “Exchange stabilization fund (20-4444-0-3-155);”.

Pub. L. 101–73, §743(a)(1) (Financial Institutions Reform, Recovery, and Enforcement Act of 1989), inserted an item relating to Director of the Office of Thrift Supervision after the item relating to the Comptroller of the Currency.

Pub. L. 101–73, §743(a)(2) (FIRREA 1989), substituted items relating to Federal Deposit Insurance Corporation, Bank Insurance Fund; Federal Deposit Insurance Corporation, FSLIC Resolution Fund; and Federal Deposit Insurance Corporation, Savings Association Insurance Fund; for item relating to Federal Home Loan Bank Board.

Pub. L. 101–73, §743(a)(3) (FIRREA 1989), substituted item relating to Federal Housing Finance Board for item relating to Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation.

Pub. L. 101–73, §743(a)(4) (FIRREA 1989), inserted items relating to Resolution Funding Corporation and Resolution Trust Corporation after item relating to Postal service fund.

Subsection (g)(2).

Pub. L. 101–73, §743(c) (FIRREA 1989), struck out item relating to Federal Savings and Loan Insurance Corporation fund (82–4037–0–3–371).

1987

Subsection (b).

Pub. L. 100–119, §104(b)(1) (BBEDCRA 1987), inserted items relating to National Service Life Insurance Fund, Service-Disabled Veterans Insurance Fund, Veterans Special Life Insurance Fund, Veterans Reopened Insurance Fund, United States Government Life Insurance Fund, Veterans Insurance and Indemnity, Special Therapeutic and Rehabilitation Activities Fund, Veterans’ Canteen Service Revolving Fund, benefits under chapter 21 of title 38relating to specially adapted and mortgage-protection life insurance for certain veterans and service-connected disabilities, benefits under section 907 of title 38 relating to burial benefits for veterans who die as a result of service-connected disability, and benefits under chapter 39 of title 38 relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.

Subsection (g)(1).

Pub. L. 100–119, §104(a)(2), (b)(2) and (3) (BBEDCRA 1987), designated existing provisions of paragraph (1) as subparagraph (A); inserted items relating to Administration of Territories, Northern Mariana Islands Covenant grants, Thrift Savings Fund, Bureau of Indian Affairs, miscellaneous payments to Indians, Customs Service, miscellaneous permanent appropriations, higher education facilities loans and insurance, Internal Revenue Collections for Puerto Rico, Panama Canal Commission operating expenses and Panama Canal Commission capital outlay, to medical facilities guarantee and loan fund, Federal interest subsidies for medical facilities, Compact of Free Association, economic assistance pursuant to Public Law 99–658 (, payments to United States territories, fiscal assistance, payments to widows and heirs of deceased Members of Congress, and Washington Metropolitan Area Transit Authority, interest payments; and added subparagraph (B).

Pub. L. 100–86 (Competitive Equality Banking Act of 1987) inserted items relating to Comptroller of the Currency; Federal Deposit Insurance Corporation; Federal Home Loan Bank Board; Federal Home Loan Bank Board, Federal Savings and Loan Insurance Corporation; National Credit Union Administration; National Credit Union Administration, central liquidity facility; and National Credit Union Administration, credit union share insurance fund.

Subsection (g)(2).

Pub. L. 100–119, §104(c)(1) (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987), struck out following items relating to Veterans Administration: national service life insurance fund, service-disabled veterans insurance fund, United States Government life insurance fund, veterans insurance and indemnities, veterans reopened insurance fund, and veterans special life insurance fund.

Subsection (h).

Pub. L. 100–119, §104(a)(1) (BBEDCRA 1987), inserted the item relating to the commodity supplemental food program.

1986

Subsection (d).

Pub. L. 99–514 (Tax Reform Act of 1986) substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. For purposes of the U.S. Code, the codification remained as “title 26”.

Subsection (g)(1).

Pub. L. 99–509 (OBRA 1986) inserted the item relating to the dual benefits payments account.

Effective Date of 2006 Amendment 

The amendment made by Pub. L. 109–171 (DRA 2005) effective no later than the first day of the first calendar quarter that begins after the end of the 90-day period beginning Feb. 8, 2006, see section 2102(c) of Pub. L. 109–171 (Deficit Reduction Act of 2005)., set out as a Merger of BIF and SAIF note under section 1821 of Title 12, Banks and Banking (U.S. Code).

Effective Date of 1996 Amendments

The amendment made by Pub. L. 104–208 effective Jan. 1, 1999, if no insured depository institution is a savings association on that date, see section 2704(c) of Pub. L. 104–208, formerly set out as a note under section 1821 of Title 12, Banks and Banking (U.S. Code).

The amendment made by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare (U.S. Code).

Effective Date of 1992 Amendment

Pub. L. 102–572, title XI, §1101(a), Oct. 29, 1992, 106 Stat. 4524, provided that:

Except as otherwise provided in this Act, the provisions of this Act and the amendments made by this Act [see Tables for classification] shall take effect on January 1, 1993.

Effective Date of 1986 Amendment 

Pub. L. 99–509, title VII, §7002(b), Oct. 21, 1986, 100 Stat. 1949 (OBRA 1986), provided that:

The amendment made by subsection (a) [which amended this section] shall apply to fiscal years beginning after September 30, 1986.

Soldiers’ and Airmen’s Home

The Soldiers’ and Airmen’s Home, referred to in subsection (g)(1)(A), was incorporated into the Armed Forces Retirement Home by section 411 of Title 24, Hospitals and Asylums (U.S. Code).

 Legislative History Endnotes

[7] Commonly known as the “Welfare Reform bill” or just “Welfare Reform”.

[8] The precursor to this Act was the Railroad Retirement Act of 1935, Pub. L. 73-485, June 27, 1934, ch. 868, 48 Stat.1283.

[9] This Act codified Title 5, U.S. Code, Government Organization and Employees. Long Title:  “An Act To enact title 5, United States Code, ‘Government Organization and Employees’, codifying the general and permanent laws relating to the organization of the Government of the United States and to its civilian officers and employees”.

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