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"Foreign Service National Separation Liability Trust Fund (19-8340-0-7-602).

"Foreign Service Retirement and Disability Fund (198186-0-7-602).

"Government Payment for Annuitants, Employees Health Benefits (24-0206-0-1-551).

"Government Payment for Annuitants, Employee Life Insurance (24–0500–0–1–602).

602).

602).

"Judicial Officers' Retirement Fund (10-8122-0-7

"Judicial Survivors' Annuities Fund (10-8110-0—7—

"Military Retirement Fund (97–8097-0-7–602).

"National Railroad Retirement Investment Trust (608118-0-7-601).

"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 (16-99710-7-601).

"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).

051).

"Voluntary Separation Incentive Fund (97-8335-0-7

“(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 (12-40850-3-351).

"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).

2 USC 905.

"Maritime Administration, Revolving Fund (69-4302-0-3-403).

War Risk Insurance

"Natural Resource Damage Assessment Fund (141618-0-1-302).

"Overseas Private Investment Corporation, Noncredit Account (71-4184-0-3-151).

"Pension Benefit Guaranty Corporation Fund (164204-0-3-601).

"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).

605).

"Children's Health Insurance Fund (75-0515-0-1-551).
"Commodity Supplemental Food Program (12-3507–0–1–

"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).

[blocks in formation]

(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).

"(i) 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

DUPLICA

TIVE 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

2 USC 938.

2 USC 939.

31 USC 712 note.

Investigations.
Reports.

Deadline.

and with recommendations for consolidation and elimination to reduce duplication identifying specific rescissions.

Approved February 12, 2010.

LEGISLATIVE HISTORY-H.J. Res. 45:
CONGRESSIONAL RECORD:

Vol. 155 (2009): Apr. 29, considered and passed House pursuant to

S. Con. Res. 13.

Vol. 156 (2010): Jan. 20-22, 25, 26, 28, considered and passed Senate,

amended.

Feb. 4, House concurred in Senate amendment.

Public Law 111-140

111th Congress

An Act

To strengthen efforts in the Department of Homeland Security to develop nuclear forensics capabilities to permit attribution of the source of nuclear material, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Nuclear Forensics and Attribution Act".

SEC. 2. FINDINGS.

Congress finds the following:

(1) The threat of a nuclear terrorist attack on American interests, both domestic and abroad, is one of the most serious threats to the national security of the United States. In the wake of an attack, attribution of responsibility would be of utmost importance. Because of the destructive power of a nuclear weapon, there could be little forensic evidence except the radioactive material in the weapon itself.

(2) Through advanced nuclear forensics, using both existing techniques and those under development, it may be possible to identify the source and pathway of a weapon or material after it is interdicted or detonated. Though identifying intercepted smuggled material is now possible in some cases, predetonation forensics is a relatively undeveloped field. The postdetonation nuclear forensics field is also immature, and the challenges are compounded by the pressures and time constraints of performing forensics after a nuclear or radiological attack.

(3) A robust and well-known capability to identify the source of nuclear or radiological material intended for or used in an act of terror could also deter prospective proliferators. Furthermore, the threat of effective attribution could compel improved security at material storage facilities, preventing the unwitting transfer of nuclear or radiological materials.

(4)(A) In order to identify special nuclear material and other radioactive materials confidently, it is necessary to have a robust capability to acquire samples in a timely manner, analyze and characterize samples, and compare samples against known signatures of nuclear and radiological material.

(B) Many of the radioisotopes produced in the detonation of a nuclear device have short half-lives, so the timely acquisition of samples is of the utmost importance. Over the past several decades, the ability of the United States to gather

Feb. 16, 2010 [H.R. 730]

Nuclear
Forensics and
Attribution Act.
6 USC 101 note.

6 USC 592 note.

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