Sec. 255. EXEMPT PROGRAMS AND ACTIVITIES

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## SEC. 255 EXEMPT PROGRAMS AND ACTIVITIES **[**[2 U.S.C. 905](/us/usc/t2/s905)**]** ###

(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 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 and Certain Elective Payments ####

(1)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. ####

(2)Certain elective payments Payments made to taxpayers pursuant to elections under subsection

(d)of section 48D of the Internal Revenue Code of 1986, or amounts treated as payments which are made by taxpayers under paragraph

(1)of such subsection, 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). Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund. Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund 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). Public Wireless Supply Chain Innovation Fund.4 4Margin is so in law. 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. 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 5Section 1470(a) of the BUILD Act of 2018 (division F of Public Law 115-254) 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 period” 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 required by section 1462(e).”. For details relating to the reorganization plan, see section 1462(e) of such Act. 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 of 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). ###

(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). ###

(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. 6So in law. See amendments made by subsections

(a)and

(d)of section 11 of Public Law 111–139.

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