US CODE: Title 2,905. Exempt programs and activities

TITLE 2 > CHAPTER 20 > SUBCHAPTER I > § 905

§ 905. Exempt programs and activities

(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)(3), 231c (a), or 231c (f) of title 45, shall be exempt from reduction under any order issued under this subchapter.

(b) Veterans programs

The following programs shall be exempt from reduction under any order issued under this subchapter:

National Service Life Insurance Fund (36-8132-0-7-701);

Service-Disabled Veterans Insurance Fund (36-4012-0-3-701);

Veterans Special Life Insurance Fund (36-8455-0-8-701);

Veterans Reopened Insurance Fund (36-4010-0-3-701);

United States Government Life Insurance Fund (36-8150-0-7-701);

Veterans Insurance and Indemnities (36-0120-0-1-701);

Special Therapeutic and Rehabilitation Activities Fund (36-4048-0-3-703);

Canteen Service Revolving Fund (36-4014-0-3-705);

Benefits under chapter 21 of title 38 relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities (36-0120-0-1-701);

Benefits under section 2307 of title 38 relating to burial benefits for veterans who die as a result of service-connected disability (36-0155-0-1-701);

Benefits under chapter 39 of title 38 relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces (36-0137-0-1-702);

Compensation (36-0153-0-1-701); and

Pensions (36-0154-0-1-701).

Benefits under chapter 35 of title 38 related to educational assistance for survivors and dependents of certain veterans with service-connected disabilities (36-0137-0-1-702);

Assistance and services under chapter 31 of title 38 relating to training and rehabilitation for certain veterans with service-connected disabilities (36-0137-0-1-702);

Benefits under subchapters I, II, and III of chapter 37 of title 38 relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans Guaranty and Indemnity Program Account (36-1119-0-1-704);

Loan Guaranty Program Account (36-1025-0-1-704); and

Direct Loan Program Account (36-1024-0-1-704).

No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter.

(d) Earned income tax credit

Payments to individuals made pursuant to section 32 of title 26 shall be exempt from reduction under any order issued under this subchapter.

(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 subchapter.

(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 904 (a) of this title 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 subchapter:

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 (14-0412-0-1-806);

Alaska Power Administration, Operations and maintenance (89-0304-0-1-271);

Appropriations for the District of Columbia (to the extent they are appropriations of locally raised funds);

Bonneville Power Administration fund and borrowing authority established pursuant to section 13 of Public Law 93–454 (1974), as amended [16 U.S.C. 838k] (89-4045-0-3-271);

Bureau of Indian Affairs, Indian land and water claims settlements and miscellaneous payments to Indians (14-2303-0-1-452);

Bureau of Indian Affairs Miscellaneous trust funds (14-9973-0-7-999);

Claims, judgments, and relief acts (20-1895-0-1-808);

Compact of Free Association (14-0415-0-1-808);

Compensation of the President (11-0001-0-1-802);

Conservation Reserve Program (12-2319-0-1-302);

Customs Service, miscellaneous permanent appropriations (20-9922-0-2-806);

Comptroller of the Currency, Assessment funds (20-8413-0-8-373);

Dual benefits payments account (60-0111-0-1-601);

Exchange stabilization fund (20-4444-0-3-155);

Farm Credit Administration, Limitation on Administrative Expenses (78-4131-0-3-351);

Farm Credit System Financial Assistance Corporation, interest payment (20-1850-0-1-908);

Farm Credit System Financial Assistance Corporation, interest payments (20-1850-0-1-351);

Federal Deposit Insurance Corporation, Bank Insurance Fund (51-4064-0-3-373);

Federal Deposit Insurance Corporation, FSLIC Resolution Fund (51-4065-0-3-373);

Federal Deposit Insurance Corporation, Savings Association Insurance Fund (51-4066-0-3-373);

Federal Housing Finance Board (95-4039-0-3-371);

Federal payment to the railroad retirement accounts (60-0113-0-1-601);

Foreign military sales trust fund (11-8242-0-7-155);

Health professions graduate student loan insurance fund program account (75-0340-0-1-552);

Higher education facilities loans (91-0240-01-502);

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;

Panama Canal Commission, Panama Canal Revolving Fund (95-4061-0-3-403);

Medical facilities guarantee and loan fund, Federal interest subsidies for medical facilities (75-9931-0-3-550);

National Credit Union Administration operating fund (25-4056-0-3-373);

National Credit Union Administration, Central liquidity facility (25-4470-0-3-373);

National Credit Union Administration, Credit union share insurance fund (25-4468-0-3-373);

Office of Thrift Supervision (20-4108-0-3-373);

Payment of Vietnam and USS Pueblo prisoner-of-war claims (15-0104-0-1-153);

Payment to civil service retirement and disability fund (24-0200-0-1-805);

Payment to Judiciary Trust Funds (10-0941-0-1-752);

Payments to copyright owners (03-5175-0-2-376);

Payments to health care trust funds (75-0580-0-1-571);

Payments to military retirement fund (97-0040-0-1-054);

Payments to social security trust funds (75-0404-0-1-651);

Payments to the foreign service retirement and disability fund (11-1036-0-1-153 and 19-0540-0-1-153);

Payments to trust funds from excise taxes or other receipts properly creditable to such trust funds;

Payments to the United States territories, fiscal assistance (14-0418-0-1-806);

Payments to widows and heirs of deceased Members of Congress (00-0215-0-1-801);

Postal service fund (18-4020-0-3-372);

Resolution Trust Corporation Revolving Fund (22-4055-0-3-373);

Salaries of Article III judges;

Soldiers and Airmen’s Home, payment of claims (84-8930-0-7-705);

Southeastern Power Administration, Operations and maintenance (89-0302-0-1-271);

Southwestern Power Administration, Operations and maintenance (89-0303-0-1-271);

Tennessee Valley Authority fund, except non-power programs and activities (64-4110-0-3-999);

Thrift Savings Fund;

United States Enrichment Corporation (95-4054-0-3-271);

Vaccine Injury Compensation (75-0320-0-1-551);

Vaccine Injury Compensation Program Trust Fund (20-8175-0-7-551);

United States Enrichment Corporation;

Washington Metropolitan Area Transit Authority, interest payments (46-0300-0-1-401);

Western Area Power Administration, Construction, rehabilitation, operations, and maintenance (89-5068-0-2-271); and

Western Area Power Administration, Colorado River basins power marketing fund (89-4452-0-3-271).

(B) The following Federal retirement and disability accounts and activities shall be exempt from reduction under any order issued under this subchapter:

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);

Foreign service retirement and disability fund (19-8186-0-7-602);

Judicial survivors’ annuities fund (10-8110-0-7-602);

Judicial Officers’ Retirement Fund (10-8122-0-7-602);

Claims Judges’ Retirement Fund (10-8124-0-7-602);

Special workers compensation expenses, Longshoremen’s and harborworkers’ compensation benefits (16-9971-0-7-601);

Military retirement fund (97-8097-0-7-602);

National Oceanic and Atmospheric Administration retirement (13-1450-0-1-306);

Pensions for former Presidents (47-0105-0-1-802);

Railroad Industry Pension Fund (60-8011-0-7-601);

Railroad supplemental annuity pension fund (60-8012-0-7-602);

Retired pay, Coast Guard (69-0241-0-1-403);

Retirement pay and medical benefits for commissioned officers, Public Health Service (75-0379-0-1-551);

Special benefits, Federal Employees’ Compensation Act (16-1521-0-1-600);

Special benefits for disabled coal miners (75-0409-0-1-601); and

Tax Court judges survivors annuity fund (23-8115-0-7-602).

(2) Prior legal obligations of the Government in the following budget accounts and activities shall be exempt from any order issued under this subchapter:

Biomass energy development (20-0114-0-1-271);

United States Treasury check forgery insurance fund (20-4109-0-3-803);

Credit liquidating accounts;

Employees life insurance fund (24-8424-0-8-602);

Energy security reserve (Synthetic Fuels Corporation) (20-0112-0-1-271);

Federal Aviation Administration, 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);

Federal Emergency Management Agency, National insurance development fund (58-4235-0-3-451);

Geothermal resources development fund (89-0206-0-1-271);

Homeowners assistance fund, Defense (97-4090-0-3-051);

International Trade Administration, Operations and administration (13-1250-0-1-376);

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);

Overseas Private Investment Corporation (71-4030-0-3-151);

Pension Benefit Guaranty Corporation fund (16-4204-0-3-601);

Rail service assistance (69-0122-0-1-401); and

Department of Veterans Affairs, Servicemen’s group life insurance fund (36-4009-0-3-701).

(h) Low-income programs

The following programs shall be exempt from reduction under any order issued under this subchapter:

Block grants to States for temporary assistance for needy families;

Child nutrition programs (with the exception of special milk programs) (12-3539-0-1-605);

Temporary assistance for needy families (75-1552-0-1-609);

Contingency fund (75-1522-0-1-609);

Child care entitlement to States (75-1550-0-1-609);

Commodity supplemental food program (12-3512-0-1-605);

Food stamp programs (12-3505-0-1-605 and 12-3550-0-1-605);

Grants to States for Medicaid (75-0512-0-1-55l);

Supplemental Security Income Program (75-0406-0-1-609); and ^[1]

Special supplemental nutrition program for women, infants, and children (WIC) (12-3510-0-1-605); ^[1]

Family support payments to States (75-1501-0-1-609); ^[2]

(i) Identification of programs

For purposes of subsections (b), (g), and (h) of this section, each account is identified by the designated budget account identification code number set forth in the Budget of the United States Government 1998–Appendix, and an activity within an account is designated by the name of the activity and the identification code number of the account.

[1] So in original. The word “and” probably should follow “(12-3510-0-1-605);”.

[2] So in original. The semicolon probably should be a period.

Notes
No Pending Update(s)
Parallel authorities (CFR)

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