02 USC 642. New budget authority, new spending authority, and revenue
legislation to be within appropriate levels
TITLE 2 -- THE CONGRESS
(a) Legislation subject to point of order
(1) Except as provided by subsection (b) of this section, after the
Congress has completed action on a concurrent resolution on the budget
for a fiscal year, it shall not be in order in either the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, motion, or conference report providing new budget authority
for such fiscal year, providing new entitlement authority effective
during such fiscal year, or reducing revenues for such fiscal year,, /1/
if --
(A) the enactment of such bill or resolution as reported;
(B) the adoption and enactment of such amendment; or
(C) the enactment of such bill or resolution in the form recommended
in such conference report;
would cause the appropriate level of total new budget authority or
total budget outlays set forth in the most recently agreed to concurrent
resolution on the budget for such fiscal year to be exceeded, or would
cause revenues to be less than the appropriate level of total revenues
set forth in such concurrent resolution except in the case that a
declaration of war by the Congress is in effect.
(2)(A) After the Congress has completed action on a concurrent
resolution on the budget, it shall not be in order in the Senate to
consider any bill, resolution, amendment, motion, or conference report
that would cause the appropriate level of total new budget authority or
total budget outlays or social security outlays set forth for the first
fiscal year in the most recently agreed to concurrent resolution on the
budget covering such fiscal year to be exceeded, or would cause revenues
to be less than the appropriate level of total revenues (or social
security revenues to be less than the appropriate level of social
security revenues) set forth for the first fiscal year covered by the
resolution and for the period including the first fiscal year plus the
following 4 fiscal years in such concurrent resolution.
(B) In applying this paragraph --
(i)(I) estimated social security outlays shall be deemed to be
reduced by the excess of estimated social security revenues (including
those provided for in the bill, resolution, amendment, or conference
report with respect to which this subsection is applied) over the
appropriate level of Social Security revenues specified in the most
recently agreed to concurrent resolution on the budget;
(II) estimated social security revenues shall be deemed to be
increased to the extent that estimated social security outlays are less
(taking into account the effect of the bill, resolution, amendment, or
conference report to which this subsection is being applied) than the
appropriate level of social security outlays in the most recently agreed
to concurrent resolution on the budget; and
(ii)(I) estimated Social Security outlays shall be deemed to be
increased by the shortfall of estimated social security revenues
(including Social Security revenues provided for in the bill,
resolution, amendment, or conference report with respect to which this
subsection is applied) below the appropriate level of social security
revenues specified in the most recently adopted concurrent resolution on
the budget; and
(II) estimated social security revenues shall be deemed to be reduced
by the excess of estimated social security outlays (including social
security outlays provided for in the bill, resolution, amendment, or
conference report with respect to which this subsection is applied)
above the appropriate level of social security outlays specified in the
most recently adopted concurrent resolution on the budget; and
(iii) no provision of any bill or resolution, or any amendment
thereto or conference report thereon, involving a change in chapter 1 of
the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) shall be treated
as affecting the amount of social security revenues unless such
provision changes the income tax treatment of social security benefits.
The chairman of the Committee on the Budget of the Senate may file
with the Senate appropriately revised allocations under section 633(a)
of this title and revised functional levels and aggregates to reflect
the application of the preceding sentence. Such revised allocations,
functional levels, and aggregates shall be considered as allocations,
functional levels, and aggregates contained in the most recently agreed
to concurrent resolution on the budget, and the appropriate committees
shall report revised allocations pursuant to section 633(b) of this
title.
(b) Exception in House
Subsection (a) of this section shall not apply in the House of
Representatives to any bill, resolution, or amendment which provides new
budget authority or new entitlement authority effective during such
fiscal year, or to any conference report on any such bill or resolution,
if --
(1) the enactment of such bill or resolution as reported;
(2) the adoption and enactment of such amendment; or
(3) the enactment of such bill or resolution in the form recommended
in such conference report,
would not cause the appropriate allocation of new discretionary
budget authority or new entitlement authority made pursuant to section
633(a) of this title for such fiscal year, for the committee within
whose jurisdiction such bill, resolution, or amendment falls, to be
exceeded.
(c) Determination of budget levels
For purposes of this section, the levels of new budget authority,
budget outlays, new entitlement authority, and revenues for a fiscal
year shall be determined on the basis of estimates made by the Committee
on the Budget of the House of Representatives or of the Senate, as the
case may be.
(Pub. L. 93-344, title III, 311, July 12, 1974, 88 Stat. 316; Pub.
L. 99-177, title II, 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L.
100-119, title I, 106(e)(1), Sept. 29, 1987, 101 Stat. 781; Pub. L.
101-508, title XIII, 13112(a)(10), 13207(a)(1)(E), 13303(d), Nov. 5,
1990, 104 Stat. 1388-608, 1388-617, 1388-626.)
The Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B)(
iii), is classified generally to Title 26, Internal Revenue Code.
Section was formerly classified to section 1332 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1990 -- Subsec. (a). Pub. L. 101-508, 13303(d), designated existing
provisions as par. (1), redesignated former pars. (1) to (3) thereof
as subpars. (A) to (C), respectively, and added par. (2).
Pub. L. 101-508, 13207(a)(1)(E), substituted ''bill, joint
resolution, amendment, motion, or conference report'' for ''bill,
resolution, or amendment'' and struck out ''or any conference report on
any such bill or resolution'' after ''reducing revenues for such fiscal
year,''.
Pub. L. 101-508, 13112(a)(10), in closing provisions, substituted
''except in the case that a declaration of war by the Congress is in
effect'' for ''or, in the Senate, would otherwise result in a deficit
for such fiscal year that --
''(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the
maximum deficit amount specified for such fiscal year in section 622(7)
of this title; and
''(B) for fiscal year 1988 or 1989, exceeds the amount of the
estimated deficit for such fiscal year based on laws and regulations in
effect on January 1 of the calendar year in which such fiscal year
begins as measured using the budget baseline specified in section 901(
a)(6) of this title minus $23,000,000,000 for fiscal year 1988 or
$36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this
title or section 635(b) of this title, as the case may be, does not
apply by reason of paragraph (2) of such subsection.''
1987 -- Subsec. (a). Pub. L. 100-119 substituted ''would otherwise
result in a deficit for such fiscal year that --
''(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the
maximum deficit amount specified for such fiscal year in section 622(7)
of this title; and
''(B) for fiscal year 1988 or 1989, exceeds the amount of the
estimated deficit for such fiscal year based on laws and regulations in
effect on January 1 of the calendar year in which such fiscal year
begins as measured using the budget baseline specified in section 901(
a)(6) of this title minus $23,000,000,000 for fiscal year 1988 or
$36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this
title or section 635(b) of this title, as the case may be, does not
apply by reason of paragraph (2) of such subsection'' for ''would
otherwise result in a deficit for such fiscal year that exceeds the
maximum deficit amount specified for such fiscal year in section 622(7)
of this title (except to the extent that paragraph (1) of section 632(
i) of this title or section 635(b) of this title, as the case may be,
does not apply by reason of paragraph (2) of such subsection)''.
1985 -- Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,
striking out references to sections 641 and 651 of this title, and
inserting provisions relating to nonconsideration in Senate of any bill,
resolution, etc., resulting in a fiscal year deficit exceeding maximum
deficit amount specified in section 622(7) of this title, with certain
exceptions.
Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,
substituting provisions setting forth exceptions in the House of
Representatives for certain bills, etc., under subsec. (a) of this
section, for provisions relating to determination of outlays and
revenues.
Subsec. (c). Pub. L. 99-177, in amending section generally, added
subsec. (c).
Amendment by section 13303(d) of Pub. L. 101-508 applicable with
respect to fiscal years beginning on or after Oct. 1, 1990, see section
13306 of Pub. L. 101-508, set out as a note under section 632 of this
title.
Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable
with respect to fiscal years beginning after Sept. 30, 1985, see
section 275(a)(1) of Pub. L. 99-177, set out as an Effective and
Termination Dates note under section 900 of this title.
Appeal of ruling of the Chair on point of order raised under subsec.
(a) of this section sustained only by affirmative vote of three-fifths
of the Senate, see section 271(c) of Pub. L. 99-177, set out as a note
under section 901 of this title.
/1/ So in original.
02 USC 643. Effects of points of order
TITLE 2 -- THE CONGRESS
(a) /1/ Points of order in Senate against amendments between Houses
Each provision of this Act that establishes a point of order against
an amendment also establishes a point of order in the Senate against an
amendment between the Houses. If a point of order under this Act is
raised in the Senate against an amendment between the Houses, and the
Presiding Officer sustains the point of order, the effect shall be the
same as if the Senate had disagreed to the amendment.
(b) Effect of a point of order on a bill in Senate
In the Senate, if the Chair sustains a point of order under this Act
against a bill, the Chair shall then send the bill to the committee of
appropriate jurisdiction for further consideration.
(Pub. L. 93-344, title III, 312, as added Pub. L. 101-508, title
XIII, 13207(b)(1), Nov. 5, 1990, 104 Stat. 1388-618.)
This Act, referred to in text, means Pub. L. 93-344, July 12, 1974,
88 Stat. 297, as amended, known as the Congressional Budget and
Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B,
and section 190a-3 of this title and sections 11a, 11c, 11d, 1020a of
former Title 31, Money and Finance, amended sections 11, 665, 701, 1020,
1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1,
General Provisions, sections 190b and 190d of this title, repealed
sections 571 and 581c-1 of former Title 31 and sections 66 and 81 of
this title, and enacted provisions set out as notes under sections
190a-1, 621, 632, and 682 of this title, section 105 of Title 1, and
section 1020 of former Title 31. For complete classification of this
Act to the Code, see Short Title note set out under section 621 of this
title and Tables.
/1/ Subsection designation editorially supplied.
02 USC 644. Extraneous matter in reconciliation legislation
TITLE 2 -- THE CONGRESS
(a) In general
When the Senate is considering a reconciliation bill or a
reconciliation resolution pursuant to section 641 of this title (whether
that bill or resolution originated in the Senate or the House) or
section 907d of this title, upon a point of order being made by any
Senator against material extraneous to the instructions to a committee
which is contained in any title or provision of the bill or resolution
or offered as an amendment to the bill or resolution, and the point of
order is sustained by the Chair, any part of said title or provision
that contains material extraneous to the instructions to said Committee
as defined in subsection (b) of this section shall be deemed stricken
from the bill and may not be offered as an amendment from the floor.
(b) Extraneous provisions
(1)(A) Except as provided in paragraph (2), a provision of a
reconciliation bill or reconciliation resolution considered pursuant to
section 641 of this title shall be considered extraneous if such
provision does not produce a change in outlays or revenues, including
changes in outlays and revenues brought about by changes in the terms
and conditions under which outlays are made or revenues are required to
be collected (but a provision in which outlay decreases or revenue
increases exactly offset outlay increases or revenue decreases shall not
be considered extraneous by virtue of this subparagraph); (B) any
provision producing an increase in outlays or decrease in revenues shall
be considered extraneous if the net effect of provisions reported by the
committee reporting the title containing the provision is that the
committee fails to achieve its reconciliation instructions; (C) a
provision that is not in the jurisdiction of the committee with
jurisdiction over said title or provision shall be considered
extraneous; (D) a provision shall be considered extraneous if it
produces changes in outlays or revenues which are merely incidental to
the non-budgetary components of the provision; (E) a provision shall be
considered to be extraneous if it increases, or would increase, net
outlays, or if it decreases, or would decrease, revenues during a fiscal
year after the fiscal years covered by such reconciliation bill or
reconciliation resolution, and such increases or decreases are greater
than outlay reductions or revenue increases resulting from other
provisions in such title in such year; and (F) a provision shall be
considered extraneous if it violates section 641(g) of this title.
(2) A Senate-originated provision shall not be considered extraneous
under paragraph (1)(A) if the Chairman and Ranking Minority Member of
the Committee on the Budget and the Chairman and Ranking Minority Member
of the Committee which reported the provision certify that: (A) the
provision mitigates direct effects clearly attributable to a provision
changing outlays or revenues and both provisions together produce a net
reduction in the deficit; (B) the provision will result in a
substantial reduction in outlays or a substantial increase in revenues
during fiscal years after the fiscal years covered by the reconciliation
bill or reconciliation resolution; (C) a reduction of outlays or an
increase in revenues is likely to occur as a result of the provision, in
the event of new regulations authorized by the provision or likely to be
proposed, court rulings on pending litigation, or relationships between
economic indices and stipulated statutory triggers pertaining to the
provision, other than the regulations, court rulings or relationships
currently projected by the Congressional Budget Office for scorekeeping
purposes; or (D) such provision will be likely to produce a significant
reduction in outlays or increase in revenues but, due to insufficient
data, such reduction or increase cannot be reliably estimated.
(3) A provision reported by a committee shall not be considered
extraneous under paragraph (1)(C) if (A) the provision is an integral
part of a provision or title, which if introduced as a bill or
resolution would be referred to such committee, and the provision sets
forth the procedure to carry out or implement the substantive provisions
that were reported and which fall within the jurisdiction of such
committee; or (B) the provision states an exception to, or a special
application of, the general provision or title of which it is a part and
such general provision or title if introduced as a bill or resolution
would be referred to such committee.
(c) /1/ Point of order
When the Senate is considering a conference report on, or an
amendment between the Houses in relation to, a reconciliation bill or
reconciliation resolution pursuant to section 641 of this title, upon --
(1) a point of order being made by any Senator against extraneous
material meeting the definition of subsections (b)(1)(A), (b)(1)(B),
(b)(1)(D), (b)(1)(E), or (b)(1)(F) of this section, and
(2) such point of order being sustained,
such material contained in such conference report or amendment shall
be deemed stricken, and the Senate shall proceed, without intervening
action or motion, 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 for two
hours. 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.
(c) /1/ Extraneous materials
Upon the reporting or discharge of a reconciliation bill or
resolution pursuant to section 641 of this title in the Senate, and
again upon the submission of a conference report on such a
reconciliation bill or resolution, the Committee on the Budget of the
Senate shall submit for the record a list of material considered to be
extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
section to the instructions of a committee as provided in this section.
The inclusion or exclusion of a provision shall not constitute a
determination of extraneousness by the Presiding Officer of the Senate.
(d) General point of order
Notwithstanding any other law or rule of the Senate, it shall be in
order for a Senator to raise a single point of order that several
provisions of a bill, resolution, amendment, motion, or conference
report violate this section. The Presiding Officer may sustain the
point of order as to some or all of the provisions against which the
Senator raised the point of order. If the Presiding Officer so sustains
the point of order as to some of the provisions (including provisions of
an amendment, motion, or conference report) against which the Senator
raised the point of order, then only those provisions (including
provisions of an amendment, motion, or conference report) against which
the Presiding Officer sustains the point of order shall be deemed
stricken pursuant to this section. Before the Presiding Officer rules on
such a point of order, any Senator may move to waive such a point of
order as it applies to some or all of the provisions against which the
point of order was raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate. After the
Presiding Officer rules on such a point of order, any Senator may appeal
the ruling of the Presiding Officer on such a point of order as it
applies to some or all of the provisions on which the Presiding Officer
ruled.
(e) Determination of levels
For purposes of this section, the levels of new budget authority,
budget outlays, new entitlement authority, and revenues for a fiscal
year shall be determined on the basis of estimates made by the Committee
on the Budget of the Senate.
(Pub. L. 93-344, title III, 313, formerly Pub. L. 99-272, title XX,
20001, Apr. 7, 1986, 100 Stat. 390, as amended Pub. L. 99-509, title
VII, 7006, Oct. 21, 1986, 100 Stat. 1949; Pub. L. 100-119, title II,
205(a), (b), Sept. 29, 1987, 101 Stat. 784; redesignated 313 of Pub.
L. 93-344 and amended Pub. L. 101-508, title XIII, 13214(a)-(b)(4), Nov.
5, 1990, 104 Stat. 1388-621, 1388-622.)
Prior to redesignation by Pub. L. 101-508, this section was section
20001 of Pub. L. 99-272, which was not classified to the Code, and
subsec. (c) of this section (relating to point of order) was subsec.
(a) of the first section of Senate Resolution No. 286, Ninety-ninth
Congress, Dec. 19, 1985.
1990 -- Pub. L. 101-508, 13214(b)(2)(A), inserted ''Extraneous
matter in reconciliation legislation'' as section catchline.
Pub. L. 101-508, 13214(b)(1), redesignated section 20001 of Pub. L.
99-272 as this section.
Subsec. (a). Pub. L. 101-508, 13214(a)(1)(A), inserted heading ''In
general''.
Pub. L. 101-508, 13214(b)(4)(B), substituted ''subsection (b) of this
section'' for ''subsection (d) of this section''.
Pub. L. 101-508, 13214(b)(4)(A), made technical amendment to
reference to section 641 of this title to reflect change in reference to
corresponding section of original act.
Pub. L. 101-508, 13214(b)(2)(B), struck out at end ''An affirmative
vote of three-fifths of the Members, 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 section, as well as to waive or suspend the
provisions of this subsection.''
Pub. L. 101-508, 13214(a)(1)(B), inserted ''(whether that bill or
resolution originated in the Senate or the House) or section 907d of
this title'' after ''section 641 of this title''.
Subsec. (b). Pub. L. 101-508, 13214(b)(2)(B), (C), redesignated
subsec. (d) as (b) and struck out former subsec. (b) which provided
that no motion to waive or suspend the requirement of section 636(b)(2)
of this title, as it related to germaneness with respect to a
reconciliation bill or resolution, could be agreed to unless supported
by an affirmative vote of three-fifths of the Members, duly chosen and
sworn, which super-majority was to be required to successfully appeal
the ruling of the Chair on a point of order raised under that section,
as well as to waive or suspend the provisions of this subsection.
Pub. L. 101-508, 13214(a)(2), inserted heading ''Extraneous
provisions''.
Subsec. (b)(1)(A). Pub. L. 101-508, 13214(b)(4)(A), made technical
amendment to reference to section 641 of this title to reflect change in
reference to corresponding section of original act.
Pub. L. 101-508, 13214(a)(3), inserted before semicolon ''(but a
provision in which outlay decreases or revenue increases exactly offset
outlay increases or revenue decreases shall not be considered extraneous
by virtue of this subparagraph)''.
Subsec. (b)(1)(F). Pub. L. 101-508, 13214(a)(4)-(6), added subpar.
(F).
Subsec. (b)(2). Pub. L. 101-508, 13214(a)(7), substituted ''A
Senate-originated provision'' for ''A provision''.
Subsec. (b)(2)(C). Pub. L. 101-508, 13214(b)(4)(C), inserted ''or''
after ''scorekeeping purposes;''.
Subsec. (c). Pub. L. 101-508, 13214(b)(4)(F), which directed the
substitution of ''this subsection'' for ''this resolution'' in par.
(2), was executed to last sentence of subsec. (c) as the probable
intent of Congress.
Pub. L. 101-508, 13214(b)(4)(E), substituted ''(b)(1)(A), (b)(1)( B),
(b)(1)(D), (b)(1)(E), or (b)(1)(F) of this section'' for ''(d)(1)( A) or
(d)(1)(D) of section 20001 of the Consolidated Omnibus Budget
Reconciliation Act of 1985''.
Pub. L. 101-508, 13214(b)(4)(D), substituted ''When'' for ''when''.
Pub. L. 101-508, 13214(b)(4)(A), made technical amendment to
reference to section 641 of this title to reflect change in reference to
corresponding section of original act.
Pub. L. 101-508, 13214(b)(3), redesignated as subsec. (c), relating
to point of order, subsec. (a) of the first section of Senate
Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985, as amended
by Senate Resolution No. 509, Ninety-ninth Congress, Oct. 16, 1986.
Pub. L. 101-508, 13214(b)(2)(C), redesignated subsec. (e), relating
to extraneous materials, as (c).
Pub. L. 101-508, 13214(b)(2)(B), struck out subsec. (c) which
provided for effective and termination dates of this section.
Subsec. (d). Pub. L. 101-508, 13214(b)(2)(C), redesignated subsec.
(f) as (d). Former subsec. (d) redesignated (b).
Subsecs. (e) to (g). Pub. L. 101-508, 13214(a)(8), (b)(2)(C), added
subsecs. (e) to (g) and redesignated them as subsecs. (c) to (e),
respectively.
1987 -- Subsec. (c). Pub. L. 100-119, 205(a), substituted
''September 30, 1992'' for ''January 2, 1988''.
Subsec. (d)(1)(E). Pub. L. 100-119, 205(b), which directed that cl.
(E) be added to subsec. (d)(1)(A), was executed to subsec. (d)(1), as
the probable intent of Congress.
1986 -- Subsec. (c). Pub. L. 99-509, 7006(b), substituted ''January
2, 1988'' for ''January 2, 1987''.
Pub. L. 99-509, 7006(c), substituted ''section 20001'' for ''section
1201'' in Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19,
1985. See 1990 Amendment note above.
Subsec. (d)(2). Pub. L. 99-509, 7006(a)(1), substituted ''paragraph
(1)(A) if the Chairman and Ranking Minority Member of the Committee on
the Budget and the Chairman and Ranking Minority Member of the Committee
which reported the provision certify that'' for ''(1)(A) above if'' in
introductory provisions.
Subsec. (d)(2)(A). Pub. L. 99-509, 7006(a)(2), substituted ''the
provision mitigates'' for ''it is designed to mitigate the''.
Subsec. (d)(2)(B). Pub. L. 99-509, 7006(a)(3), substituted ''the
provision'' for ''it''.
Subsec. (d)(3). Pub. L. 99-509, 7006(a)(4), added par. (3).
/1/ So in original. Two subsecs. (c) have been enacted.
02 USC SUBCHAPTER II -- FISCAL PROCEDURES
TITLE 2 -- THE CONGRESS
02 USC 651. Bills providing new spending authority
TITLE 2 -- THE CONGRESS
(a) Controls on legislation providing spending authority
It shall not be in order in either the House of Representatives or
the Senate to consider any bill, joint resolution, amendment, motion, or
conference report, as reported to its House which provides new spending
authority described in subsection (c)(2)(A) or (B) of this section,
unless that bill, resolution, conference report, or amendment also
provides that such new spending authority as described in subsection
(c)(2)(A) or (B) of this section is to be effective for any fiscal year
only to such extent or in such amounts as are provided in appropriation
Acts.
(b) Legislation providing entitlement authority
(1) It shall not be in order in either the House of Representatives
or the Senate to consider any bill, joint resolution, amendment, motion,
or conference report, as reported to its House, which provides new
spending authority described in subsection (c)(2)(C) of this section
which is to become effective before the first day of the fiscal year
which begins during the calendar year in which such bill or resolution
is reported.
(2) If any committee of the House of Representatives or the Senate
reports any bill or resolution which provides new spending authority
described in subsection (c)(2)(C) of this section which is to become
effective during a fiscal year and the amount of new budget authority
which will be required for such fiscal year if such bill or resolution
is enacted as so reported exceeds the appropriate allocation of new
budget authority reported under section 633(b) of this title in
connection with the most recently agreed to concurrent resolution on the
budget for such fiscal year, such bill or resolution shall then be
referred to the Committee on Appropriations of that House with
instructions to report it, with the committee's recommendations, within
15 calendar days (not counting any day on which that House is not in
session) beginning with the day following the day on which it is so
referred. If the Committee on Appropriations of either House fails to
report a bill or resolution referred to it under this paragraph within
such 15-day period, the committee shall automatically be discharged from
further consideration of such bill or resolution and such bill or
resolution shall be placed on the appropriate calendar.
(3) The Committee on Appropriations of each House shall have
jurisdiction to report any bill or resolution referred to it under
paragraph (2) with an amendment which limits the total amount of new
spending authority provided in such bill or resolution.
(c) Definitions
(1) For purposes of this section, the term ''new spending authority''
means spending authority not provided by law on the effective date of
this Act, including any increase in or addition to spending authority
provided by law on such date.
(2) For purposes of paragraph (1), the term ''spending authority''
means authority (whether temporary or permanent) --
(A) to enter into contracts under which the United States is
obligated to make outlays, the budget authority for which is not
provided in advance by appropriation Acts;
(B) to incur indebtedness (other than indebtedness incurred under
chapter 31 of title 31) for the repayment of which the United States is
liable, the budget authority for which is not provided in advance by
appropriation Acts;
(C) to make payments (including loans and grants), the budget
authority for which is not provided for in advance by appropriation
Acts, to any person or government if, under the provisions of the law
containing such authority, the United States is obligated to make such
payments to persons or governments who meet the requirements established
by such law;
(D) to forego the collection by the United States of proprietary
offsetting receipts, the budget authority for which is not provided in
advance by appropriation Acts to offset such foregone receipts; and
(E) to make payments by the United States (including loans, grants,
and payments from revolving funds) other than those covered by
subparagraph (A), (B), (C), or (D), the budget authority for which is
not provided in advance by appropriation Acts.
Such term does not include authority to insure or guarantee the
repayment of indebtedness incurred by another person or government.
(d) Exceptions
(1) Subsections (a) and (b) of this section shall not apply to new
spending authority if the budget authority for outlays which will result
from such new spending authority is derived --
(A) from a trust fund established by the Social Security Act (as in
effect on July 12, 1974) (42 U.S.C. 301 et seq.); or
(B) from any other trust fund, 90 percent or more of the receipts of
which consist or will consist of amounts (transferred from the general
fund of the Treasury) equivalent to amounts of taxes (related to the
purposes for which such outlays are or will be made) received in the
Treasury under specified provisions of the Internal Revenue Code of 1986
(26 U.S.C. 1 et seq.).
(2) Subsections (a) and (b) of this section shall not apply to new
spending authority which is an amendment to or extension of chapter 67
of title 31, /1/ or a continuation of the program of fiscal assistance
to State and local governments provided by that chapter, to the extent
so provided in the bill or resolution providing such authority.
(3) Subsections (a) and (b) of this section shall not apply to new
spending authority to the extent that --
(A) the outlays resulting therefrom are made by an organization which
is (i) a mixed-ownership Government corporation (as defined in section
9101(2) of title 31), or (ii) a wholly owned Government corporation (as
defined in section 9101(3) of title 31) which is specifically exempted
by law from compliance with any or all of the provisions of chapter 91
of title 31, as of December 12, 1985; or
(B) the outlays resulting therefrom consist exclusively of the
proceeds of gifts or bequests made to the United States for a specific
purpose.
(Pub. L. 93-344, title IV, 401, July 12, 1974, 88 Stat. 317; Pub.
L. 99-177, title II, 211, Dec. 12, 1985, 99 Stat. 1056; Pub. L.
99-514, 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-508, title XIII,
13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388-617, 1388-618.)
The effective date of this Act, referred to in subsec. (c)(1), is
the effective date of Pub. L. 93-344, see section 905 of Pub. L.
93-344, set out as an Effective Date note under section 621 of this
title.
The Social Security Act, referred to in subsec. (d)(1)(A), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified
generally to chapter 7 ( 301 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
The Internal Revenue Code of 1986, referred to in subsec. (d)(1)(B),
is classified generally to Title 26, Internal Revenue Code.
Chapter 67 of title 31, referred to in subsec. (d)(2), was repealed
by Pub. L. 99-272, title XIV, 14001(a)(1), Apr. 7, 1986, 100 Stat.
327. See also Codification note below.
In subsec. (d)(2), (3)(A), ''chapter 67 of title 31'' and ''that
chapter'' were substituted for ''the State and Local Fiscal Assistance
Act of 1972 (31 U.S.C. 1221 et seq.)'' and ''that Act'', and ''section
9101(2) of title 31'', ''section 9101(3) of title 31'', and ''chapter 91
of title 31'' were substituted for ''section 201 of the Government
Corporation Control Act (31 U.S.C. 856)'', ''section 101 of such Act (31
U.S.C. 846)'', and ''that Act'', respectively, on authority of Pub. L.
97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance. See also References in Text
note above.
Section was formerly classified to section 1351 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1990 -- Subsec. (a). Pub. L. 101-508, 13207(a)(1)(F), substituted
''bill, joint resolution, amendment, motion, or conference report'' for
''bill, resolution, or conference report'' and struck out ''(or any
amendment which provides such new spending authority)'' after
''subsection (c)(2)(A) or (B) of this section''.
Subsec. (b)(1). Pub. L. 101-508, 13207(a)(1)(G), substituted ''bill,
joint resolution, amendment, motion, or conference report, as reported
to its House'' for ''bill or resolution'' and struck out ''(or any
amendment which provides such new spending authority)'' after
''subsection (c)(2)(C) of this section''.
1986 -- Subsec. (d)(1)(B). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.
1985 -- Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,
inserting provisions relating to applicability to conference reports.
Subsec. (b). Pub. L. 99-177, in amending section generally, reenacted
subsec. (b) without change.
Subsec. (c). Pub. L. 99-177, in amending subsec. (c) generally,
added pars. (2)(D) and (E).
Subsec. (d). Pub. L. 99-177, in amending subsec. (d) generally,
reenacted pars. (1) and (2) without change, and inserted reference to
December 12, 1985, in par. (3).
Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable
with respect to fiscal years beginning after Sept. 30, 1985, see
section 275(a)(1) of Pub. L. 99-177, set out as an Effective and
Termination Dates note under section 900 of this title.
Section 905(c) of Pub. L. 93-344 provided that except as provided in
section 906 of Pub. L. 93-344 (set out as a note under section 632 of
this title) this section shall take effect on the first day of the
second regular session of the Ninety-fourth Congress.
6617; title 15 section 4110; title 16 section 543h;
title 22 section 3671; title 25 sections 1300h-8,
1771d; title 42 sections 1962d-19, 10309, 11709;
title 43 section 390g-7; title 45 section 829; title
50 App. section 1989b-9.
/1/ See References in Text note below.
02 USC 652. Legislation providing new credit authority
TITLE 2 -- THE CONGRESS
(a) Controls on legislation providing new credit authority
It shall not be in order in either the House of Representatives or
the Senate to consider any bill, joint resolution, amendment, motion, or
conference report, as reported to its House, which provides new credit
authority described in subsection (b)(1) of this section, unless that
bill, resolution, conference report, or amendment also provides that
such new credit authority is to be effective for any fiscal year only to
such extent or in such amounts as are provided in appropriation Acts.
(b) ''New credit authority'' defined
For purposes of this Act, the term ''new credit authority'' means
credit authority (as defined in section 622(10) of this title) not
provided by law on the effective date of this section, including any
increase in or addition to credit authority provided by law on such
date.
(Pub. L. 93-344, title IV, 402, July 12, 1974, 88 Stat. 318; Pub.
L. 99-177, title II, 212, Dec. 12, 1985, 99 Stat. 1058; Pub. L.
101-508, title XIII, 13207(a)(1)(H), Nov. 5, 1990, 104 Stat. 1388-618.)
This Act, referred to in subsec. (b), means Pub. L. 93-344, July
12, 1974, 88 Stat. 297, as amended, known as the Congressional Budget
and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and
17B, and section 190a-3 of this title and sections 11a, 11c, 11d, 1020a
of former Title 31, Money and Finance, amended sections 11, 665, 701,
1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of
Title 1, General Provisions, sections 190b and 190d of this title,
repealed sections 571 and 581c-1 of former Title 31 and sections 66 and
81 of this title, and enacted provisions set out as notes under sections
190a-1, 621, 632, and 682 of this title, section 105 of Title 1, and
section 1020 of former Title 31. For complete classification of this
Act to the Code, see Short Title note set out under section 621 of this
title and Tables.
The effective date of this section, referred to in subsec. (b),
probably refers to Feb. 1, 1986, the date on which the amendment of
this section by section 212 of Pub. L. 99-177 became effective. See
section 275(a)(2)(B) of Pub. L. 99-177, set out as a note under section
631 of this title.
Section was formerly classified to section 1352 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1990 -- Subsec. (a). Pub. L. 101-508 substituted ''bill, joint
resolution, amendment, motion, or conference report'' for ''bill,
resolution, or conference report'' and struck out ''or any amendment''
after ''as reported to its House,''.
1985 -- Pub. L. 99-177 substituted ''Legislation providing new
credit authority'' for ''Reporting of authorizing legislation'' in
section catchline.
Subsec. (a). Pub. L. 99-177 substituted provisions relating to
controls on legislation providing new credit authority, for provisions
relating to the required reporting date for legislation authorizing new
budget authority.
Subsec. (b). Pub. L. 99-177 substituted provisions defining ''new
credit authority'', for provisions relating to emergency waiver in the
House of reporting requirements under subsec. (a).
Subsec. (c). Pub. L. 99-177 struck out subsec. (c) which related to
waiver of reporting requirements in the Senate.
Subsec. (d). Pub. L. 99-177 struck out subsec. (d) which related to
consideration of certain bills and resolutions received from other
House.
Subsec. (e). Pub. L. 99-177 struck out subsec. (e) which related to
inapplicability of subsec. (a) to new spending or budget authority.
Subsec. (f). Pub. L. 99-177 struck out subsec. (f) which related to
study of existing spending authority and permanent appropriations.
Amendment by Pub. L. 99-177 effective Feb. 1, 1986, see section
275(a)(2)(B) of Pub. L. 99-177, set out as an Effective and Termination
Dates note under section 900 of this title.
Section 905(c) of Pub. L. 93-344 provided that except as provided in
section 906 of Pub. L. 93-344 (set out as a note under section 632 of
this title) this section shall apply with respect to the fiscal year
beginning on Oct. 1, 1976, and succeeding fiscal years.
02 USC 653. Analysis by Congressional Budget Office
TITLE 2 -- THE CONGRESS
(a) The Director of the Congressional Budget Office shall, to the
extent practicable, prepare for each bill or resolution of a public
character reported by any committee of the House of Representatives or
the Senate (except the Committee on Appropriations of each House), and
submit to such committee --
(1) an estimate of the costs which would be incurred in carrying out
such bill or resolution in the fiscal year in which it is to become
effective and in each of the 4 fiscal years following such fiscal year,
together with the basis for each such estimate;
(2) an estimate of the cost which would be incurred by State and
local governments in carrying out or complying with any significant bill
or resolution in the fiscal year in which it is to become effective and
in each of the four fiscal years following such fiscal year, together
with the basis for each such estimate;
(3) a comparison of the estimates of costs described in paragraph (1)
and (2) with any available estimates of costs made by such committee or
by any Federal agency; and
(4) a description of each method for establishing a Federal financial
commitment contained in such bill or resolution.
The estimates, comparison, and description so submitted shall be
included in the report accompanying such bill or resolution if timely
submitted to such committee before such report is filed.
(b) For purposes of subsection (a)(2) of this section, the term
''local government'' has the same meaning as in section 6501 of title
31.
(c) For purposes of subsection (a)(2) of this section, the term
''significant bill or resolution'' is defined as any bill or resolution
which in the judgment of the Director of the Congressional Budget Office
is likely to result in an annual cost to State and local governments of
$200,000,000 or more, or is likely to have exceptional fiscal
consequences for a geographic region or a particular level of
government.
(Pub. L. 93-344, title IV, 403, July 12, 1974, 88 Stat. 320; Pub.
L. 97-108, 2(a), Dec. 23, 1981, 95 Stat. 1510; Pub. L. 99-177, title
II, 213, Dec. 12, 1985, 99 Stat. 1059.)
In subsec. (b), ''section 6501 of title 31'' substituted for
''section 103 of the Intergovernmental Cooperation Act of 1968 (42 U.S.
C. 4201)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
Section was formerly classified to section 1353 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1985 -- Subsec. (a). Pub. L. 99-177 added par. (4) and substituted
''estimates, comparison, and description'' for ''estimates and
comparison'' in last sentence.
1981 -- Subsec. (a). Pub. L. 97-108, 2(a)(1)-(6), designated
existing provisions as subsec. (a), added par. (2), redesignated
former par. (2) as (3), in par. (3) as so redesignated, substituted
''estimates'' for ''estimate'' in two places, and substituted reference
to pars. (1) and (2) for reference to par. (1), and in provision
following par. (3) substituted ''estimates'' for ''estimate''.
Subsecs. (b) and (c). Pub. L. 97-108, 2(a)(7), added subsecs. (b)
and (c).
Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable
with respect to fiscal years beginning after Sept. 30, 1985, see
section 275(a)(1) of Pub. L. 99-177, set out as an Effective and
Termination Dates note under section 900 of this title.
Section 2(b) of Pub. L. 97-108 provided that: ''The amendments made
by subsection (a) (amending this section) shall apply with respect to
bills or resolutions reported by committees of the House of
Representatives and the Senate after September 30, 1982.''
Amendment by Pub. L. 93-344 effective on day on which first Director
of Congressional Budget Office is appointed under section 601( a) of
this title, see section 905(b) of Pub. L. 93-344, set out as an
Effective Date note under section 621 of this title.
Section 3 of Pub. L. 97-108 provided that: ''There are authorized
to be appropriated such sums as may be necessary to carry out this Act
(amending this section and enacting provisions set out as notes under
this section and section 621 of this title).''
Section 4 of Pub. L. 97-108, which provided for expiration on Sept.
30, 1987, of authorization granted under Pub. L. 97-108, which amended
this section and enacted provisions set out as notes under sections 621
and 653 of this title, was repealed by Pub. L. 100-119, title II, 204,
Sept. 29, 1987, 101 Stat. 784.
02 USC 654. Study by General Accounting Office of forms of Federal
financial commitment not reviewed annually by Congress
TITLE 2 -- THE CONGRESS
The General Accounting Office shall study those provisions of law
which provide spending authority as described by section 651(c)(2) of
this title and which provide permanent appropriations, and report to the
Congress its recommendations for the appropriate form of financing for
activities or programs financed by such provisions not later than
eighteen months after December 12, 1985. Such report shall be revised
from time to time.
(Pub. L. 93-344, title IV, 405, as added Pub. L. 99-177, title II,
214, Dec. 12, 1985, 99 Stat. 1059.)
Section effective Dec. 12, 1985, and applicable with respect to
fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of
Pub. L. 99-177, set out as an Effective and Termination Dates note
under section 900 of this title.
02 USC 655. Off-budget agencies, programs, and activities
TITLE 2 -- THE CONGRESS
(a) Notwithstanding any other provision of law, budget authority,
credit authority, and estimates of outlays and receipts for activities
of the Federal budget which are off-budget immediately prior to December
12, 1985, not including activities of the Federal Old-Age and Survivors
Insurance and Federal Disability Insurance Trust Funds, shall be
included in a budget submitted pursuant to section 1105 of title 31 and
in a concurrent resolution on the budget reported pursuant to section
632 or section 635 of this title and shall be considered, for purposes
of this Act, budget authority, outlays, and spending authority in
accordance with definitions set forth in this Act.
(b) All receipts and disbursements of the Federal Financing Bank with
respect to any obligations which are issued, sold, or guaranteed by a
Federal agency shall be treated as a means of financing such agency for
purposes of section 1105 of title 31 and for purposes of this Act.
(Pub. L. 93-344, title IV, 406, as added Pub. L. 99-177, title II,
214, Dec. 12, 1985, 99 Stat. 1059.)
This Act, referred to in text, means Pub. L. 93-344, July 12, 1974,
88 Stat. 297, as amended, known as the Congressional Budget and
Impoundment Control Act of 1974, which enacted chapters 17, 17A, and
17B, and section 190a-3 of this title and sections 11a, 11c, 11d, 1020a
of former Title 31, Money and Finance, amended sections 11, 665, 701,
1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of
Title 1, General Provisions, sections 190b and 190d of this title,
repealed sections 571 and 581c-1 of former Title 31, and sections 66 and
81 of this title, and enacted provisions set out as notes under sections
190a-1, 621, 632, and 682 of this title, section 105 of Title 1, and
section 1020 of former Title 31. For complete classification of this
Act to the Code, see Short Title note set out under section 621 of this
title and Tables.
Section effective Dec. 12, 1985, and applicable with respect to
fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of
Pub. L. 99-177, set out as an Effective and Termination Dates note
under section 900 of this title.
02 USC 656. Member User Group
TITLE 2 -- THE CONGRESS
The Speaker of the House of Representatives, after consulting with
the Minority Leader of the House, may appoint a Member User Group for
the purpose of reviewing budgetary scorekeeping rules and practices of
the House and advising the Speaker from time to time on the effect and
impact of such rules and practices.
(Pub. L. 93-344, title IV, 407, as added Pub. L. 99-177, title II,
214, Dec. 12, 1985, 99 Stat. 1060.)
Section effective Dec. 12, 1985, and applicable with respect to
fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of
Pub. L. 99-177, set out as an Effective and Termination Dates note
under section 900 of this title.
02 USC SUBCHAPTER III -- CREDIT REFORM
TITLE 2 -- THE CONGRESS
02 USC 661. Purposes
TITLE 2 -- THE CONGRESS
The purposes of this subchapter are to --
(1) measure more accurately the costs of Federal credit programs;
(2) place the cost of credit programs on a budgetary basis equivalent
to other Federal spending;
(3) encourage the delivery of benefits in the form most appropriate
to the needs of beneficiaries; and
(4) improve the allocation of resources among credit programs and
between credit and other spending programs.
(Pub. L. 93-344, title V, 501, as added Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-610.)
A prior section 661, Pub. L. 93-344, title VI, 606, July 12, 1974,
88 Stat. 325, which directed that Budget Committees of House and Senate
study, on a continuing basis, any provisions of law which exempt
agencies or programs from inclusion in the budget and make
recommendations from time to time with regard to terminating or
modifying such provisions, was repealed by Pub. L. 99-177, title II,
223, 275(a)(1), Dec. 12, 1985, 99 Stat. 1060, 1100, effective Dec.
12, 1985, and applicable with respect to fiscal years beginning after
Sept. 30, 1985.
A prior section 501 of Pub. L. 93-344, title V, July 12, 1974, 88
Stat. 321, which was classified to section 1020 of former Title 31, was
repealed and reenacted as section 1102 of Title 31, Money and Finance,
by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, the first
section of which enacted Title 31.
02 USC 661a. Definitions
TITLE 2 -- THE CONGRESS
For purposes of this subchapter --
(1) The term ''direct loan'' means a disbursement of funds by the
Government to a non-Federal borrower under a contract that requires the
repayment of such funds with or without interest. The term includes the
purchase of, or participation in, a loan made by another lender. The
term does not include the acquisition of a federally guaranteed loan in
satisfaction of default claims or the price support loans of the
Commodity Credit Corporation.
(2) The term ''direct loan obligation'' means a binding agreement by
a Federal agency to make a direct loan when specified conditions are
fulfilled by the borrower.
(3) The term ''loan guarantee'' means any guarantee, insurance, or
other pledge with respect to the payment of all or a part of the
principal or interest on any debt obligation of a non-Federal borrower
to a non-Federal lender, but does not include the insurance of deposits,
shares, or other withdrawable accounts in financial institutions.
(4) The term ''loan guarantee commitment'' means a binding agreement
by a Federal agency to make a loan guarantee when specified conditions
are fulfilled by the borrower, the lender, or any other party to the
guarantee agreement.
(5)(A) The term ''cost'' means the estimated long-term cost to the
Government of a direct loan or loan guarantee, calculated on a net
present value basis, excluding administrative costs and any incidental
effects on governmental receipts or outlays.
(B) The cost of a direct loan shall be the net present value, at the
time when the direct loan is disbursed, of the following cash flows:
(i) loan disbursements;
(ii) repayments of principal; and
(iii) payments of interest and other payments by or to the Government
over the life of the loan after adjusting for estimated defaults,
prepayments, fees, penalties and other recoveries.
(C) The cost of a loan guarantee shall be the net present value when
a guaranteed loan is disbursed of the cash flow from --
(i) estimated payments by the Government to cover defaults and
delinquencies, interest subsidies, or other payments, and
(ii) the estimated payments to the Government including origination
and other fees, penalties and recoveries.
(D) Any Government action that alters the estimated net present value
of an outstanding direct loan or loan guarantee (except modifications
within the terms of existing contracts or through other existing
authorities) shall be counted as a change in the cost of that direct
loan or loan guarantee. The calculation of such changes shall be based
on the estimated present value of the direct loan or loan guarantee at
the time of modification.
(E) In estimating net present values, the discount rate shall be the
average interest rate on marketable Treasury securities of similar
maturity to the direct loan or loan guarantee for which the estimate is
being made.
(6) The term ''credit program account'' means the budget account into
which an appropriation to cover the cost of a direct loan or loan
guarantee program is made and from which such cost is disbursed to the
financing account.
(7) The term ''financing account'' means the non-budget account or
accounts associated with each credit program account which holds
balances, receives the cost payment from the credit program account, and
also includes all other cash flows to and from the Government resulting
from direct loan obligations or loan guarantee commitments made on or
after October 1, 1991.
(8) The term ''liquidating account'' means the budget account that
includes all cash flows to and from the Government resulting from direct
loan obligations or loan guarantee commitments made prior to October 1,
1991.
These accounts shall be shown in the budget on a cash basis.
(9) The term ''Director'' means the Director of the Office of
Management and Budget.
(Pub. L. 93-344, title V, 502, as added Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-610.)
A prior section 502 of Pub. L. 93-344, title V, July 12, 1974, 88
Stat. 321, which was set out as a note under section 1020 of former
Title 31, was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96
Stat. 1068.
02 USC 661b. OMB and CBO analysis, coordination, and review
TITLE 2 -- THE CONGRESS
(a) In general
For the executive branch, the Director shall be responsible for
coordinating the estimates required by this subchapter. The Director
shall consult with the agencies that administer direct loan or loan
guarantee programs.
(b) Delegation
The Director may delegate to agencies authority to make estimates of
costs. The delegation of authority shall be based upon written
guidelines, regulations, or criteria consistent with the definitions in
this subchapter.
(c) Coordination with Congressional Budget Office
In developing estimation guidelines, regulations, or criteria to be
used by Federal agencies, the Director shall consult with the Director
of the Congressional Budget Office.
(d) Improving cost estimates
The Director and the Director of the Congressional Budget Office
shall coordinate the development of more accurate data on historical
performance of direct loan and loan guarantee programs. They shall
annually review the performance of outstanding direct loans and loan
guarantees to improve estimates of costs. The Office of Management and
Budget and the Congressional Budget Office shall have access to all
agency data that may facilitate the development and improvement of
estimates of costs.
(e) Historical credit program costs
The Director shall review, to the extent possible, historical data
and develop the best possible estimates of adjustments that would
convert aggregate historical budget data to credit reform accounting.
(f) Administrative costs
The Director and the Director of the Congressional Budget Office
shall each analyze and report to Congress on differences in long-term
administrative costs for credit programs versus grant programs by
January 31, 1992. Their reports shall recommend to Congress any
changes, if necessary, in the treatment of administrative costs under
credit reform accounting.
(Pub. L. 93-344, title V, 503, as added Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-611.)
A prior section 503 of Pub. L. 93-344, title V, July 12, 1974, 88
Stat. 321, which was classified to section 701 of former Title 31, was
repealed and reenacted in section 1552(a) of Title 31, Money and
Finance, by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, the
first section of which enacted Title 31.
02 USC 661c. Budgetary treatment
TITLE 2 -- THE CONGRESS
(a) President's budget
Beginning with fiscal year 1992, the President's budget shall reflect
the costs of direct loan and loan guarantee programs. The budget shall
also include the planned level of new direct loan obligations or loan
guarantee commitments associated with each appropriations request.
(b) Appropriations required
Notwithstanding any other provision of law, new direct loan
obligations may be incurred and new loan guarantee commitments may be
made for fiscal year 1992 and thereafter only to the extent that --
(1) appropriations of budget authority to cover their costs are made
in advance;
(2) a limitation on the use of funds otherwise available for the cost
of a direct loan or loan guarantee program is enacted; or
(3) authority is otherwise provided in appropriation Acts.
(c) Exemption for mandatory programs
Subsection (b) of this section shall not apply to a direct loan or
loan guarantee program that --
(1) constitutes an entitlement (such as the guaranteed student loan
program or the veterans' home loan guaranty program); or
(2) all existing credit programs of the Commodity Credit Corporation
on November 5, 1990.
(d) Budget accounting
(1) The authority to incur new direct loan obligations, make new loan
guarantee commitments, or directly or indirectly alter the costs of
outstanding direct loans and loan guarantees shall constitute new budget
authority in an amount equal to the cost of the direct loan or loan
guarantee in the fiscal year in which definite authority becomes
available or indefinite authority is used. Such budget authority shall
constitute an obligation of the credit program account to pay to the
financing account.
(2) The outlays resulting from new budget authority for the cost of
direct loans or loan guarantees described in paragraph (1) shall be paid
from the credit program account into the financing account and recorded
in the fiscal year in which the direct loan or the guaranteed loan is
disbursed or its costs altered.
(3) All collections and payments of the financing accounts shall be a
means of financing.
(e) Modifications
A direct loan obligation or loan guarantee commitment shall not be
modified in a manner that increases its cost unless budget authority for
the additional cost is appropriated, or is available out of existing
appropriations or from other budgetary resources.
(f) Reestimates
When the estimated cost for a group of direct loans or loan
guarantees for a given credit program made in a single fiscal year is
reestimated in a subsequent year, the difference between the reestimated
cost and the previous cost estimate shall be displayed as a distinct and
separately identified subaccount in the credit program account as a
change in program costs and a change in net interest. There is hereby
provided permanent indefinite authority for these reestimates.
(g) Administrative expenses
All funding for an agency's administration of a direct loan or loan
guarantee program shall be displayed as distinct and separately
identified subaccounts within the same budget account as the program's
cost.
(Pub. L. 93-344, title V, 504, as added Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-612.)
A prior section 504 of Pub. L. 93-344, title V, July 12, 1974, 88
Stat. 322, which was classified to section 1020a of former Title 31,
was repealed by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068.
02 USC 661d. Authorizations
TITLE 2 -- THE CONGRESS
(a) Authorization of appropriations for costs
There are authorized to be appropriated to each Federal agency
authorized to make direct loan obligations or loan guarantee
commitments, such sums as may be necessary to pay the cost associated
with such direct loan obligations or loan guarantee commitments.
(b) Authorization for financing accounts
In order to implement the accounting required by this subchapter, the
President is authorized to establish such non-budgetary accounts as may
be appropriate.
(c) Treasury transactions with financing accounts
The Secretary of the Treasury shall borrow from, receive from, lend
to, or pay to the financing accounts such amounts as may be appropriate.
The Secretary of the Treasury may prescribe forms and denominations,
maturities, and terms and conditions for the transactions described
above. The authorities described above shall not be construed to
supercede or override the authority of the head of a Federal agency to
administer and operate a direct loan or loan guarantee program. All of
the transactions provided in this subsection shall be subject to the
provisions of subchapter II of chapter 15 of title 31. Cash balances of
the financing accounts in excess of current requirements shall be
maintained in a form of uninvested funds and the Secretary of the
Treasury shall pay interest on these funds.
(d) Authorization for liquidating accounts
If funds in liquidating accounts are insufficient to satisfy the
obligations and commitments of said accounts, there is hereby provided
permanent, indefinite authority to make any payments required to be made
on such obligations and commitments.
(e) Authorization of appropriations for implementation expenses
There are authorized to be appropriated to existing accounts such
sums as may be necessary for salaries and expenses to carry out the
responsibilities under this subchapter.
(f) Reinsurance
Nothing in this subchapter shall be construed as authorizing or
requiring the purchase of insurance or reinsurance on a direct loan or
loan guarantee from private insurers. If any such reinsurance for a
direct loan or loan guarantee is authorized, the cost of such insurance
and any recoveries to the Government shall be included in the
calculation of the cost.
(g) Eligibility and assistance
Nothing in this subchapter shall be construed to change the authority
or the responsibility of a Federal agency to determine the terms and
conditions of eligibility for, or the amount of assistance provided by a
direct loan or a loan guarantee.
(Pub. L. 93-344, title V, 505, as added Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-613.)
A prior section 505 of Pub. L. 93-344, title V, July 12, 1974, 88
Stat. 322, repealed sections 66 and 81 of this title.
02 USC 661e. Treatment of deposit insurance and agencies and other
insurance programs
TITLE 2 -- THE CONGRESS
(a) /1/ In general
(1) This subchapter shall not apply to the credit or insurance
activities of the Federal Deposit Insurance Corporation, National Credit
Union Administration, Resolution Trust Corporation, Pension Benefit
Guaranty Corporation, National Flood Insurance, National Insurance
Development Fund, Crop Insurance, or Tennessee Valley Authority.
(2) The Director and the Director of the Congressional Budget Office
shall each study whether the accounting for Federal deposit insurance
programs should be on a cash basis on the same basis as loan guarantees,
or on a different basis. Each Director shall report findings and
recommendations to the President and the Congress on or before May 31,
1991.
(3) For the purposes of paragraph (2), the Office of Management and
Budget and the Congressional Budget Office shall have access to all
agency data that may facilitate these studies.
(Pub. L. 93-344, title V, 506, as added Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)
A prior section 506 of Pub. L. 93-344, title V, July 12, 1974, 88
Stat. 322, amended section 105 of Title 1, General Provisions, and
enacted provisions set out as a note under section 105 of Title 1, prior
to the general revision of title V of Pub. L. 93-344 by Pub. L.
101-508.
/1/ So in original. Section enacted without a subsec. (b).
02 USC 661f. Effect on other laws
TITLE 2 -- THE CONGRESS
(a) Effect on other laws
This subchapter shall supersede, modify, or repeal any provision of
law enacted prior to November 5, 1990, to the extent such provision is
inconsistent with this subchapter. Nothing in this subchapter shall be
construed to establish a credit limitation on any Federal loan or loan
guarantee program.
(b) Crediting of collections
Collections resulting from direct loans obligated or loan guarantees
committed prior to October 1, 1991, shall be credited to the liquidating
accounts of Federal agencies. Amounts so credited shall be available,
to the same extent that they were available prior to November 5, 1990,
to liquidate obligations arising from such direct loans obligated or
loan guarantees committed prior to October 1, 1991, including repayment
of any obligations held by the Secretary of the Treasury or the Federal
Financing Bank. The unobligated balances of such accounts that are in
excess of current needs shall be transferred to the general fund of the
Treasury. Such transfers shall be made from time to time but, at least
once each year.
(Pub. L. 93-344, title V, 507, as added Pub. L. 101-508, title XIII,
13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)
02 USC SUBCHAPTER IV -- BUDGET AGREEMENT ENFORCEMENT PROVISIONS
TITLE 2 -- THE CONGRESS
02 USC 665. Definitions and point of order
TITLE 2 -- THE CONGRESS
(a) Definitions
As used in this subchapter and for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985:
(1) Maximum deficit amount
The term ''maximum deficit amount'' means --
(A) with respect to fiscal year 1991, $327,000,000,000;
(B) with respect to fiscal year 1992, $317,000,000,000;
(C) with respect to fiscal year 1993, $236,000,000,000;
(D) with respect to fiscal year 1994, $102,000,000,000; and
(E) with respect to fiscal year 1995, $83,000,000,000;
as adjusted in strict conformance with sections 251, 252, and 253 of
the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901, 902, 903).
(2) Discretionary spending limit
The term ''discretionary spending limit'' means --
(A) with respect to fiscal year 1991 --
(i) for the defense category: $288,918,000,000 in new budget
authority and $297,660,000,000 in outlays;
(ii) for the international category: $20,100,000,000 in new budget
authority and $18,600,000,000 in outlays; and
(iii) for the domestic category: $182,700,000,000 in new budget
authority and $198,100,000,000 in outlays;
(B) with respect to fiscal year 1992 --
(i) for the defense category: $291,643,000,000 in new budget
authority and $295,744,000,000 in outlays;
(ii) for the international category: $20,500,000,000 in new budget
authority and $19,100,000,000 in outlays; and
(iii) for the domestic category: $191,300,000,000 in new budget
authority and $210,100,000,000 in outlays;
(C) with respect to fiscal year 1993 --
(i) for the defense category: $291,785,000,000 in new budget
authority and $292,686,000,000 in outlays;
(ii) for the international category: $21,400,000,000 in new budget
authority and $19,600,000,000 in outlays; and
(iii) for the domestic category: $198,300,000,000 in new budget
authority and $221,700,000,000 in outlays;
(D) with respect to fiscal year 1994, for the discretionary category:
$510,800,000,000 in new budget authority and $534,800,000,000 in
outlays; and
(E) with respect to fiscal year 1995, for the discretionary category:
$517,700,000,000 in new budget authority and $540,800,000,000 in
outlays;
as adjusted in strict conformance with section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901).
(b) Point of order in Senate on aggregate allocations for defense,
international, and domestic discretionary spending
(1) Except as provided in paragraph (3), it shall not be in order in
the Senate to consider any concurrent resolution on the budget for
fiscal year 1992, 1993, 1994, or 1995 (or amendment, motion, or
conference report on such a resolution), or any appropriations bill or
resolution (or amendment, motion, or conference report on such an
appropriations bill or resolution) for fiscal year 1992 or 1993 that
would exceed the allocations in this section or the suballocations made
under section 665a(b) of this title based on these allocations.
(3) /1/ For purposes of this subsection, the levels of new budget
authority and outlays for a fiscal year shall be determined on the basis
of estimates made by the Committee on the Budget of the Senate.
(4) This subsection shall not apply if a declaration of war by the
Congress is in effect or if a joint resolution pursuant to section 258
/2/ of the Balanced Budget and Emergency Deficit Control Act of 1985 has
been enacted.
(Pub. L. 93-344, title VI, 601, as added Pub. L. 101-508, title XIII,
13111, Nov. 5, 1990, 104 Stat. 1388-602.)
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (a), is title II of Pub. L. 99-177, Dec. 12,
1985, 99 Stat. 1038, which enacted chapter 20 ( 900 et seq.) and
sections 654 to 656 of this title, amended sections 602, 622, 631 to
642, and 651 to 653 of this title, sections 1104 to 1106, and 1109 of
Title 31, Money and Finance, and section 911 of Title 42, The Public
Health and Welfare, repealed section 661 of this title, enacted
provisions set out as notes under section 900 of this title and section
911 of Title 42, and amended provisions set out as a note under section
621 of this title. There are two sections 258 of such Act, referrecd to
in subsec. (b)(4), which are classified, respectively, to sections 907a
and 908 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 900 of this title and
Tables.
A prior section 601 of Pub. L. 93-344, title VI, July 12, 1974, 88
Stat. 323, which was classified to section 11 of former Title 31, was
repealed and reenacted as sections 1105(a)(15), 1106(b), and 1108(d) of
Title 31, Money and Finance, by Pub. L. 97-258, 5(b), Sept. 13, 1982,
96 Stat. 1068, the first section of which enacted Title 31.
Section 607 of title VI of Pub. L. 93-344, as added by Pub. L.
101-508, title XIII, 13111, Nov. 5, 1990, 104 Stat. 1388-607, provided
that: ''This title (enacting this subchapter) shall take effect upon
its date of enactment (Nov. 5, 1990) and shall apply to fiscal years
1991 to 1995.''
/1/ Subsec. (b) enacted without a par. (2).
/2/ There are two sections 258. See References in Text note below.
02 USC 665a. Committee allocations and enforcement
TITLE 2 -- THE CONGRESS
(a) Committee spending allocations
(1) House of Representatives
(A) Allocation among committees
The joint explanatory statement accompanying a conference report on a
budget resolution shall include allocations, consistent with the
resolution recommended in the conference report, of the appropriate
levels (for each fiscal year covered by that resolution and a total for
all such years) of --
(i) total new budget authority,
(ii) total entitlement authority, and
(iii) total outlays;
among each committee of the House of Representatives that has
jurisdiction over legislation providing or creating such amounts.
(B) No double counting
Any item allocated to one committee of the House of Representatives
may not be allocated to another such committee.
(C) Further division of amounts
The amounts allocated to each committee for each fiscal year, other
than the Committee on Appropriations, shall be further divided between
amounts provided or required by law on the date of filing of that
conference report and amounts not so provided or required. The amounts
allocated to the Committee on Appropriations for each fiscal year shall
be further divided between discretionary and mandatory amounts or
programs, as appropriate.
(2) Senate allocation among committees
The joint explanatory statement accompanying a conference report on a
budget resolution shall include an allocation, consistent with the
resolution recommended in the conference report, of the appropriate
levels of --
(A) total new budget authority;
(B) total outlays; and
(C) social security outlays;
among each committee of the Senate that has jurisdiction over
legislation providing or creating such amounts.
(3) Amounts not allocated
(A) In the House of Representatives, if a committee receives no
allocation of new budget authority, entitlement authority, or outlays,
that committee shall be deemed to have received an allocation equal to
zero for new budget authority, entitlement authority, or outlays.
(B) In the Senate, if a committee receives no allocation of new
budget authority, outlays, or social security outlays, that committee
shall be deemed to have received an allocation equal to zero for new
budget authority, outlays, or social security outlays.
(b) Suballocations by committees
(1) Suballocations by Appropriations Committees
As soon as practicable after a budget resolution is agreed to, the
Committee on Appropriations of each House (after consulting with the
Committee on Appropriations of the other House) shall suballocate each
amount allocated to it for the budget year under subsection (a)(1)(A) or
(a)(2) of this section among its subcommittees. Each Committee on
Appropriations shall promptly report to its House suballocations made or
revised under this paragraph.
(2) Suballocations by other committees of the Senate
Each other committee of the Senate to which an allocation under
subsection (a)(2) of this section is made in the joint explanatory
statement may subdivide each amount allocated to it under subsection (a)
of this section among its subcommittees or among programs over which it
has jurisdiction and shall promptly report any such suballocations to
the Senate. Section 633(c) of this title shall not apply in the Senate
to committees other than the Committee on Appropriations.
(c) Application of section 633(f) of this title to this section
In fiscal years through 1995, reference in section 633(f) of this
title to the appropriate allocation made pursuant to section 633(b) of
this title for a fiscal year shall, for purposes of this section, be
deemed to be a reference to any allocation made under subsection (a) of
this section or any suballocation made under subsection (b) of this
section, as applicable, for the fiscal year of the resolution or for the
total of all fiscal years made by the joint explanatory statement
accompanying the applicable concurrent resolution on the budget. In the
House of Representatives, the preceding sentence shall not apply with
respect to fiscal year 1991.
(d) Application of subsections (a) and (b) to fiscal years 1992 to
1995
In the case of concurrent resolutions on the budget for fiscal years
1992 through 1995, allocations shall be made under subsection (a) of
this section instead of section 633(a) of this title and shall be made
under subsection (b) of this section instead of section 633(b) of this
title. For those fiscal years, all references in sections /1/ 633(c),
(d), (e), (f), and (g) of this title to section 633(a) of this title
shall be deemed to be to subsection (a) of this section (including
revisions made under section 665c of this title) and all such references
to section 633(b) of this title shall be deemed to be to subsection (b)
of this section (including revisions made under section 665c of this
title).
(e) Pay-as-you-go exception in House
(1) /2/ Section 633(f)(1) of this title and, after April 15 of any
calendar year section 634(a) of this title, shall not apply to any bill,
joint resolution, amendment thereto, or conference report thereon if,
for each fiscal year covered by the most recently agreed to concurrent
resolution on the budget --
(1) the enactment of such bill or resolution as reported;
(2) the adoption and enactment of such amendment; or
(3) the enactment of such bill or resolution in the form recommended
in such conference report,
would not increase the deficit for any such fiscal year, and, if the
sum of any revenue increases provided in legislation already enacted
during the current session (when added to revenue increases, if any, in
excess of any outlay increase provided by the legislation proposed for
consideration) is at least as great as the sum of the amount, if any, by
which the aggregate level of Federal revenues should be increased as set
forth in that concurrent resolution and the amount, if any, by which
revenues are to be increased pursuant to pay-as-you-go procedures under
section 632(b)(8) of this title if included in that concurrent
resolution.
(2) Revised allocations. --
(A) As soon as practicable after Congress agrees to a bill or joint
resolution that would have been subject to a point of order under
section 633(f)(1) of this title but for the exception provided in
paragraph (1), the chairman of the Committee on the Budget of the House
of Representatives may file with the House appropriately revised
allocations under section 633(a) of this title and revised functional
levels and budget aggregates to reflect that bill.
(B) such /3/ revised allocations, functional levels, and budget
aggregates shall be considered for the purposes of this Act as
allocations, functional levels, and budget aggregates contained in the
most recently agreed to concurrent resolution on the budget.
(Pub. L. 93-344, title VI, 602, as added Pub. L. 101-508, title XIII,
13111, Nov. 5, 1990, 104 Stat. 1388-603.)
This Act, referred to in subsec. (e)(2)(B), means Pub. L. 93-344,
July 12, 1974, 88 Stat. 297, as amended, known as the Congressional
Budget and Impoundment Control Act of 1974, which enacted chapters 17,
17A, and 17B, and section 190a-3 of this title and sections 11a, 11c,
11d, 1020a of former Title 31, Money and Finance, amended sections 11,
665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section
105 of Title 1, General Provisions, sections 190b and 190d of this
title, repealed sections 571 and 581c-1 of former Title 31, and sections
66 and 81 of this title, and enacted provisions set out as notes under
sections 190a-1, 621, 632, and 682 of this title, section 105 of Title
1, and section 1020 of former Title 31. For complete classification of
this Act to the Code, see Short Title note set out under section 621 of
this title and Tables.
A prior section 602 of Pub. L. 93-344, title VI, July 12, 1974, 88
Stat. 324, which was classified to section 11 of former Title 31, was
repealed and reenacted as section 1106(a) of Title 31, Money and
Finance, by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, the
first section of which enacted Title 31.
/1/ So in original. Probably should be ''section''.
/2/ Par. (1) designation supplied editorially.
/3/ So in original. Probably should be capitalized.
02 USC 665b. Consideration of legislation before adoption of budget
resolution for that fiscal year
TITLE 2 -- THE CONGRESS
(a) Adjusting Section Allocation of Discretionary Spending. -- If a
concurrent resolution on the budget is not adopted by April 15, the
chairman of the Committee on the Budget of the House of Representatives
shall submit to the House, as soon as practicable, a section 602(a) (2
U.S.C. 665a(a)) allocation to the Committee on Appropriations consistent
with the discretionary spending limits contained in the most recent
budget submitted by the President under section 1105(a) of title 31.
Such allocation shall include the full allowance specified under section
901(b)(2)(E)(i) of this title.
(b) As soon as practicable after a section 602(a) (2 U.S.C. 665a(a))
allocation is submitted under this section, the Committee on
Appropriations shall make suballocations and promptly report those
suballocations to the House of Representatives.
(Pub. L. 93-344, title VI, 603, as added Pub. L. 101-508, title XIII,
13111, Nov. 5, 1990, 104 Stat. 1388-605.)
A prior section 603 of Pub. L. 93-344, title VI, July 12, 1974, 88
Stat. 324, which was classified to section 11 of former Title 31, was
repealed and reenacted in section 1105(a)(1)-(14) of Title 31, Money and
Finance, by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, the
first section of which enacted Title 31.
02 USC 665c. Reconciliation directives regarding pay-as-you-go
requirements
TITLE 2 -- THE CONGRESS
(a) Instructions to effectuate pay-as-you-go in House of
Representatives
If legislation providing for a net reduction in revenues in any
fiscal year (that, within the same measure, is not fully offset in that
fiscal year by reductions in direct spending) is enacted, the Committee
on the Budget of the House of Representatives may report, within 15
legislative days during a Congress, a pay-as-you-go reconciliation
directive in the form of a concurrent resolution --
(1) specifying the total amount by which revenues sufficient to
eliminate the net deficit increase resulting from that legislation in
each fiscal year are to be changed; and
(2) directing that the committees having jurisdiction determine and
recommend changes in the revenue law, bills, and resolutions to
accomplish a change of such total amount.
(b) Consideration of pay-as-you-go reconciliation legislation in
House of Representatives
In the House of Representatives, subsections (b) through (d) of
section 641 of this title shall apply in the same manner as if the
reconciliation directive described in subsection (a) of this section
were a concurrent resolution on the budget.
(Pub. L. 93-344, title VI, 604, as added Pub. L. 101-508, title XIII,
13111, Nov. 5, 1990, 104 Stat. 1388-605.)
A prior section 604 of Pub. L. 93-344, title VI, July 12, 1974, 88
Stat. 324, which was classified to section 11 of former Title 31, was
repealed and reenacted in section 1105(a)(1)-(14) of Title 31, Money and
Finance, by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, the
first section of which enacted Title 31.
02 USC 665d. Application of section 642 of this title; point of order
TITLE 2 -- THE CONGRESS
(a) Application of section 642(a) of this title
(1) In the House of Representatives, in the application of section
642(a)(1) of this title to any bill, resolution, amendment, or
conference report, reference in section 642 of this title to the
appropriate level of total budget authority or total budget outlays or
appropriate level of total revenues set forth in the most recently
agreed to concurrent resolution on the budget for a fiscal year shall be
deemed to be a reference to the appropriate level for that fiscal year
and to the total of the appropriate level for that year and the 4
succeeding years.
(2) In the Senate, in the application of section 642(a)(2) of this
title to any bill, resolution, motion, or conference report, reference
in section 642 of this title to the appropriate level of total revenues
set forth in the most recently agreed to concurrent resolution on the
budget for a fiscal year shall be deemed to be a reference to the
appropriate level for that fiscal year and to the total of the
appropriate levels for that year and the 4 succeeding years.
(b) Maximum deficit amount point of order in Senate
After Congress has completed action on a concurrent resolution on the
budget, it shall not be in order in the Senate to consider any bill,
resolution, amendment, motion, or conference report that would result in
a deficit for the first fiscal year covered by that resolution that
exceeds the maximum deficit amount specified for such fiscal year in
section 665(a) of this title.
(Pub. L. 93-344, title VI, 605, as added Pub. L. 101-508, title XIII,
13111, Nov. 5, 1990, 104 Stat. 1388-606.)
A prior section 605 of Pub. L. 93-344, title VI, July 12, 1974, 88
Stat. 325, which was classified to section 11a of former Title 31, was
repealed and reenacted in section 1109 of Title 31, Money and Finance,
by Pub. L. 97-258, 5(b), Sept. 13, 1982, 96 Stat. 1068, the first
section of which enacted Title 31.
02 USC 665e. 5-year budget resolutions; budget resolutions must
conform to Balanced Budget and Emergency Deficit Control Act of 1985
TITLE 2 -- THE CONGRESS
(a) 5-year budget resolutions
In the case of any concurrent resolution on the budget for fiscal
year 1992, 1993, 1994, or 1995, that resolution shall set forth
appropriate levels for the fiscal year beginning on October 1 of the
calendar year in which it is reported and for each of the 4 succeeding
fiscal years for the matters described in section 632(a) of this title.
(b) Point of order in House of Representatives
It shall not be in order in the House of Representatives to consider
any concurrent resolution on the budget for a fiscal year or conference
report thereon under section 632 or 635 of this title that exceeds the
maximum deficit amount for each fiscal year covered by the concurrent
resolution or conference report as determined under section 665(a) of
this title, including possible revisions under part C of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
(c) Point of order in Senate
It shall not be in order in the Senate to consider any concurrent
resolution on the budget for a fiscal year under section 632 of this
title, or to consider any amendment to such a concurrent resolution, or
to consider a conference report on such a concurrent resolution, if the
level of total budget outlays for the first fiscal year that is set
forth in such concurrent resolution or conference report exceeds the
recommended level of Federal revenues set forth for that year by an
amount that is greater than the maximum deficit amount for such fiscal
year as determined under section 665(a) of this title, or if the
adoption of such amendment would result in a level of total budget
outlays for that fiscal year which exceeds the recommended level of
Federal revenues for that fiscal year, by an amount that is greater than
the maximum deficit amount for such fiscal years as determined under
section 665(a) of this title.
(d) Adjustments
(1) Notwithstanding any other provision of law, concurrent
resolutions on the budget for fiscal years 1992, 1993, 1994, and 1995
under section 632 or 635 of this title may set forth levels consistent
with allocations increased by --
(A) amounts not to exceed the budget authority amounts in section
251(b)(2)(E)(i) and (ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(E)(i), (ii)) and the composite
outlays per category consistent with them; and
(B) the budget authority and outlay amounts in section 251(b)(1) of
that Act (2 U.S.C. 901(b)(1)).
(2) For purposes of congressional consideration of provisions
described in sections 251(b)(2)(A), 251(b)(2)(B), 251(b)(2)(C), 251(b)(
2)(D), and 252(e) (2 U.S.C. 901(b)(2)(A), (B), (C), (D), 902(e)),
determinations under sections 633, 634, and 642 of this title shall not
take into account any new budget authority, new entitlement authority,
outlays, receipts, or deficit effects in any fiscal year of those
provisions.
(Pub. L. 93-344, title VI, 606, as added Pub. L. 101-508, title XIII,
13111, Nov. 5, 1990, 104 Stat. 1388-606.)
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (b), is title II of Pub. L. 99-177, Dec. 12,
1985, 99 Stat. 1038, which enacted chapter 20 ( 900 et seq.) and
sections 654 to 656 of this title, amended sections 602, 622, 631 to
642, and 651 to 653 of this title, sections 1104 to 1106, and 1109 of
Title 31, Money and Finance, and section 911 of Title 42, The Public
Health and Welfare, repealed section 661 of this title, enacted
provisions set out as notes under section 900 of this title and section
911 of Title 42, and amended provisions set out as a note under section
621 of this title. Part C of the Act is classified generally to
subchapter I ( 900 et seq.) of chapter 20 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 900 of this title and Tables.
A prior section 606 of Pub. L. 93-344, title VI, July 12, 1974, 88
Stat. 325, was classified to section 661 of this title and was repealed
by Pub. L. 99-177, title II, 223, Dec. 12, 1985, 99 Stat. 1060.
02 USC CHAPTER 17B -- IMPOUNDMENT CONTROL
TITLE 2 -- THE CONGRESS
Sec.
681. Disclaimer.
682. Definitions.
683. Rescission of budget authority.
(a) Transmittal of special message.
(b) Requirement to make available for obligation.
684. Proposed deferrals of budget authority.
(a) Transmittal of special message.
(b) Consistency with legislatve policy.
(c) Exception.
685. Transmission of messages; publication.
(a) Delivery to House and Senate.
(b) Delivery to Comptroller General.
(c) Transmission of supplementary messages.
(d) Printing in Federal Register.
(e) Cumulative reports of proposed rescissions, reservations, and
deferrals of budget authority.
686. Reports by Comptroller General.
(a) Failure to transmit special message.
(b) Incorrect classification of special message.
687. Suits by Comptroller General.
688. Procedure in House of Representatives and Senate.
(a) Referral.
(b) Discharge of committee.
(c) Floor consideration in House.
(d) Floor consideration in the Senate.
31 section 1512; title 42 section 6240.
02 USC 681. Disclaimer
TITLE 2 -- THE CONGRESS
Nothing contained in this Act, or in any amendments made by this Act,
shall be construed as --
(1) asserting or conceding the constitutional powers or limitations
of either the Congress or the President;
(2) ratifying or approving any impoundment heretofore or hereafter
executed or approved by the President or any other Federal officer or
employee, except insofar as pursuant to statutory authorization then in
effect;
(3) affecting in any way the claims or defenses of any party to
litigation concerning any impoundment; or
(4) superseding any provision of law which requires the obligation of
budget authority or the making of outlays thereunder.
(Pub. L. 93-344, title X, 1001, July 12, 1974, 88 Stat. 332.)
This Act, referred to in provision preceding par. (1), means Pub.
L. 93-344, July 12, 1974, 88 Stat. 297, as amended, known as the
Congressional Budget and Impoundment Control Act of 1974, which enacted
chapters 17, 17A, and 17B, and section 190a-3 of this title and sections
11a, 11c, 11d, 1020a of former Title 31, amended sections 11, 665, 701,
1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of
Title 1, General Provisions, sections 190b and 190d of this title,
repealed sections 571 and 581c-1 of former Title 31 and sections 66 and
81 of this title, and enacted provisions set out as notes under sections
190a-1, 621, 632, and 682 of this title, section 105 of Title 1, and
section 1020 of former Title 31. For complete classification of this
Act to the Code, see Short Title note set out under section 621 of this
title and Tables.
Section was formerly classified to section 1400 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
Chapter effective July 12, 1974, see section 905(a) of Pub. L.
93-344, set out as a note under section 621 of this title.
Section 1(a) of Pub. L. 91-344 (set out as a note under section 621
of this title) provided, in part, that ''title X (this chapter) may be
cited as the 'Impoundment Control Act of 1974'.''
02 USC 682. Definitions
TITLE 2 -- THE CONGRESS
For purposes of sections 682 to 688 of this title --
(1) ''deferral of budget authority'' includes --
(A) withholding or delaying the obligation or expenditure of budget
authority (whether by establishing reserves or otherwise) provided for
projects or activities; or
(B) any other type of Executive action or inaction which effectively
precludes the obligation or expenditure of budget authority, including
authority to obligate by contract in advance of appropriations as
specifically authorized by law;
(2) ''Comptroller General'' means the Comptroller General of the
United States;
(3) ''rescission bill'' means a bill or joint resolution which only
rescinds, in whole or in part, budget authority proposed to be rescinded
in a special message transmitted by the President under section 683 of
this title, and upon which the Congress completes action before the end
of the first period of 45 calendar days of continuous session of the
Congress after the date on which the President's message is received by
the Congress;
(4) ''impoundment resolution'' means a resolution of the House of
Representatives or the Senate which only expresses its disapproval of a
proposed deferral of budget authority set forth in a special message
transmitted by the President under section 684 of this title; and
(5) continuity of a session of the Congress shall be considered as
broken only by an adjournment of the Congress sine die, and the days on
which either House is not in session because of an adjournment of more
than 3 days to a day certain shall be excluded in the computation of the
45-day period referred to in paragraph (3) of this section and in
section 683 of this title, and the 25-day periods referred to in
sections 687 and 688(b)(1) of this title. If a special message is
transmitted under section 683 of this title during any Congress and the
last session of such Congress adjourns sine die before the expiration of
45 calendar days of continuous session (or a special message is so
transmitted after the last session of the Congress adjourns sine die),
the message shall be deemed to have been retransmitted on the first day
of the succeeding Congress and the 45-day period referred to in
paragraph (3) of this section and in section 683 of this title (with
respect to such message) shall commence on the day after such first day.
(Pub. L. 93-344, title X, 1011, July 12, 1974, 88 Stat. 333.)
Section was formerly classified to section 1401 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
02 USC 683. Rescission of budget authority
TITLE 2 -- THE CONGRESS
(a) Transmittal of special message
Whenever the President determines that all or part of any budget
authority will not be required to carry out the full objectives or scope
of programs for which it is provided or that such budget authority
should be rescinded for fiscal policy or other reasons (including the
termination of authorized projects or activities for which budget
authority has been provided), or whenever all or part of budget
authority provided for only one fiscal year is to be reserved from
obligation for such fiscal year, the President shall transmit to both
Houses of Congress a special message specifying --
(1) the amount of budget authority which he proposes to be rescinded
or which is to be so reserved;
(2) any account, department, or establishment of the Government to
which such budget authority is available for obligation, and the
specific project or governmental functions involved;
(3) the reasons why the budget authority should be rescinded or is to
be so reserved;
(4) to the maximum extent practicable, the estimated fiscal,
economic, and budgetary effect of the proposed rescission or of the
reservation; and
(5) all facts, circumstances, and considerations relating to or
bearing upon the proposed rescission or the reservation and the decision
to effect the proposed rescission or the reservation, and to the maximum
extent practicable, the estimated effect of the proposed rescission or
the reservation upon the objects, purposes, and programs for which the
budget authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded or that is to
be reserved as set forth in such special message shall be made available
for obligation unless, within the prescribed 45-day period, the Congress
has completed action on a rescission bill rescinding all or part of the
amount proposed to be rescinded or that is to be reserved. Funds made
available for obligation under this procedure may not be proposed for
rescission again.
(Pub. L. 93-344, title X, 1012, July 12, 1974, 88 Stat. 333; Pub.
L. 100-119, title II, 207, Sept. 29, 1987, 101 Stat. 786.)
Section was formerly classified to section 1402 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1987 -- Subsec. (b). Pub. L. 100-119 inserted at end ''Funds made
available for obligation under this procedure may not be proposed for
rescission again.''
02 USC 684. Proposed deferrals of budget authority
TITLE 2 -- THE CONGRESS
(a) Transmittal of special message
Whenever the President, the Director of the Office of Management and
Budget, the head of any department or agency of the United States, or
any officer or employee of the United States proposes to defer any
budget authority provided for a specific purpose or project, the
President shall transmit to the House of Representatives and the Senate
a special message specifying --
(1) the amount of the budget authority proposed to be deferred;
(2) any account, department, or establishment of the Government to
which such budget authority is available for obligation, and the
specific projects or governmental functions involved;
(3) the period of time during which the budget authority is proposed
to be deferred;
(4) the reasons for the proposed deferral, including any legal
authority invoked to justify the proposed deferral;
(5) to the maximum extent practicable, the estimated fiscal,
economic, and budgetary effect of the proposed deferral; and
(6) all facts, circumstances, and considerations relating to or
bearing upon the proposed deferral and the decision to effect the
proposed deferral, including an analysis of such facts, circumstances,
and considerations in terms of their application to any legal authority,
including specific elements of legal authority, invoked to justify such
proposed deferral, and to the maximum extent practicable, the estimated
effect of the proposed deferral upon the objects, purposes, and programs
for which the budget authority is provided.
A special message may include one or more proposed deferrals of
budget authority. A deferral may not be proposed for any period of time
extending beyond the end of the fiscal year in which the special message
proposing the deferral is transmitted to the House and the Senate.
(b) Consistency with legislative policy
Deferrals shall be permissible only --
(1) to provide for contingencies;
(2) to achieve savings made possible by or through changes in
requirements or greater efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer any budget
authority for any other purpose.
(c) Exception
The provisions of this section do not apply to any budget authority
proposed to be rescinded or that is to be reserved as set forth in a
special message required to be transmitted under section 683 of this
title.
(Pub. L. 93-344, title X, 1013, July 12, 1974, 88 Stat. 334; Pub.
L. 100-119, title II, 206(a), Sept. 29, 1987, 101 Stat. 785.)
Section was formerly classified to section 1403 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1987 -- Pub. L. 100-119 amended section generally, substituting
substantially similar provisions in subsecs. (a) and (c) and
substituting subsec. (b) for former subsec. (b) which read as follows:
''Any amount of budget authority proposed to be deferred, as set forth
in a special message transmitted under subsection (a) of this section,
shall be made available for obligation if either House of Congress
passes an impoundment resolution disapproving such proposed deferral.''
02 USC 685. Transmission of messages; publication
TITLE 2 -- THE CONGRESS
(a) Delivery to House and Senate
Each special message transmitted under section 683 or 684 of this
title shall be transmitted to the House of Representatives and the
Senate on the same day, and shall be delivered to the Clerk of the House
of Representatives if the House is not in session, and to the Secretary
of the Senate if the Senate is not in session. Each special message so
transmitted shall be referred to the appropriate committee of the House
of Representatives and the Senate. Each such message shall be printed
as a document of each House.
(b) Delivery to Comptroller General
A copy of each special message transmitted under section 683 or 684
of this title, shall be transmitted to the Comptroller General on the
same day it is transmitted to the House of Representatives and the
Senate. In order to assist the Congress in the exercise of its
functions under section 683 or 684 of this title, the Comptroller
General shall review each such message and inform the House of
Representatives and the Senate as promptly as practicable with respect
to --
(1) in the case of a special message transmitted under section 683 of
this title, the facts surrounding the proposed rescission or the
reservation of budget authority (including the probable effects
thereof); and
(2) in the case of a special message transmitted under section 684 of
this title, (A) the facts surrounding each proposed deferral of budget
authority (including the probable effects thereof) and (B) whether or
not (or to what extent), in his judgment, such proposed deferral is in
accordance with existing statutory authority.
(c) Transmission of supplementary messages
If any information contained in a special message transmitted under
section 683 or 684 of this title is subsequently revised, the President
shall transmit to both Houses of Congress and the Comptroller General a
supplementary message stating and explaining such revision. Any such
supplementary message shall be delivered, referred, and printed as
provided in subsection (a) of this section. The Comptroller General
shall promptly notify the House of Representatives and the Senate of any
changes in the information submitted by him under subsection (b) of this
section which may be necessitated by such revision.
(d) Printing in Federal Register
Any special message transmitted under section 683 or 684 of this
title, and any supplementary message transmitted under subsection (c) of
this section, shall be printed in the first issue of the Federal
Register published after such transmittal.
(e) Cumulative reports of proposed rescissions, reservations, and
deferrals of budget authority
(1) The President shall submit a report to the House of
Representatives and the Senate, not later than the 10th day of each
month during a fiscal year, listing all budget authority for that fiscal
year with respect to which, as of the first day of such month --
(A) he has transmitted a special message under section 683 of this
title with respect to a proposed rescission or a reservation; and
(B) he has transmitted a special message under section 684 of this
title proposing a deferral.
Such report shall also contain, with respect to each such proposed
rescission or deferral, or each such reservation, the information
required to be submitted in the special message with respect thereto
under section 683 or 684 of this title.
(2) Each report submitted under paragraph (1) shall be printed in the
first issue of the Federal Register published after its submission.
(Pub. L. 93-344, title X, 1014, July 12, 1974, 88 Stat. 335.)
Section was formerly classified to section 1404 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
Ex. Ord. No. 11845, Mar. 24, 1975, 40 F.R. 13299, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Impoundment Control
Act of 1974 (Public Law 93-344; 88 Stat. 332, (2 U.S.C. 681 et seq.),
hereinafter referred to as the Act) (this chapter), and section 301 of
title 3 of the United States Code, the Director of the Office of
Management and Budget is hereby designated and empowered to exercise, as
of October 1, 1974 without ratification or other action of the President
(1) the functions required by sections 1014(b) and 1014(d) of the Act
(subsecs. (b) and (d) of this section) of transmitting to the
Comptroller General of the United States and to the Office of the
Federal Register copies of special messages transmitted pursuant to
section 1012 or 1013 (2 U.S.C. 683 and 684) of the Act; and (2) the
function conferred upon the President by section 1014(e) of the Act (2
U.S.C. 685(e)) of submitting to the Congress cumulative reports of
proposed rescissions, reservations, and deferrals of budget authority.
02 USC 686. Reports by Comptroller General
TITLE 2 -- THE CONGRESS
(a) Failure to transmit special message
If the Comptroller General finds that the President, the Director of
the Office of Management and Budget, the head of any department or
agency of the United States, or any other officer or employee of the
United States --
(1) is to establish a reserve or proposes to defer budget authority
with respect to which the President is required to transmit a special
message under section 683 or 684 of this title; or
(2) has ordered, permitted, or approved the establishment of such a
reserve or a deferral of budget authority;
and that the President has failed to transmit a special message with
respect to such reserve or deferral, the Comptroller General shall make
a report on such reserve or deferral and any available information
concerning it to both Houses of Congress. The provisions of sections
682 to 688 of this title shall apply with respect to such reserve or
deferral in the same manner and with the same effect as if such report
of the Comptroller General were a special message transmitted by the
President under section 683 or 684 of this title, and, for purposes of
sections 682 to 688 of this title, such report shall be considered a
special message transmitted under section 683 or 684 of this title.
(b) Incorrect classification of special message
If the President has transmitted a special message to both Houses of
Congress in accordance with section 683 or 684 of this title, and the
Comptroller General believes that the President so transmitted the
special message in accordance with one of those sections when the
special message should have been transmitted in accordance with the
other of those sections, the Comptroller General shall make a report to
both Houses of the Congress setting forth his reasons.
(Pub. L. 93-344, title X, 1015, July 12, 1974, 88 Stat. 336.)
Section was formerly classified to section 1405 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
Pub. L. 100-119, title II, 206(c), Sept. 29, 1987, 101 Stat. 786,
provided that: ''Sections 1015 and 1016 of the Impoundment Control Act
of 1974 (2 U.S.C. 686, 687) are reaffirmed.''
02 USC 687. Suits by Comptroller General
TITLE 2 -- THE CONGRESS
If, under this chapter, budget authority is required to be made
available for obligation and such budget authority is not made available
for obligation, the Comptroller General is hereby expressly empowered,
through attorneys of his own selection, to bring a civil action in the
United States District Court for the District of Columbia to require
such budget authority to be made available for obligation, and such
court is hereby expressly empowered to enter in such civil action,
against any department, agency, officer, or employee of the United
States, any decree, judgment, or order which may be necessary or
appropriate to make such budget authority available for obligation. No
civil action shall be brought by the Comptroller General under this
section until the expiration of 25 calendar days of continuous session
of the Congress following the date on which an explanatory statement by
the Comptroller General of the circumstances giving rise to the action
contemplated has been filed with the Speaker of the House of
Representatives and the President of the Senate.
(Pub. L. 93-344, title X, 1016, July 12, 1974, 88 Stat. 336; Pub.
L. 98-620, title IV, 402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L.
100-119, title II, 206(b), Sept. 29, 1987, 101 Stat. 786.)
Section was formerly classified to section 1406 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1987 -- Pub. L. 100-119 substituted ''If, under this chapter'' for
''If, under section 683(b) or 684(b) of this title''.
1984 -- Pub. L. 98-620 struck out provision requiring that the
courts give precedence to civil actions brought under this section, and
to appeals and writs from decisions in such actions, over all other
civil actions, appeals, and writs.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective
Date note under section 1657 of Title 28, Judiciary and Judicial
Procedure.
For provision reaffirming this section, see section 206(c) of Pub.
L. 100-119, set out as a note under section 686 of this title.
02 USC 688. Procedure in House of Representatives and Senate
TITLE 2 -- THE CONGRESS
(a) Referral
Any rescission bill introduced with respect to a special message or
impoundment resolution introduced with respect to a proposed deferral of
budget authority shall be referred to the appropriate committee of the
House of Representatives or the Senate, as the case may be.
(b) Discharge of committee
(1) If the committee to which a rescission bill or impoundment
resolution has been referred has not reported it at the end of 25
calendar days of continuous session of the Congress after its
introduction, it is in order to move either to discharge the committee
from further consideration of the bill or resolution or to discharge the
committee from further consideration of any other rescission bill with
respect to the same special message or impoundment resolution with
respect to the same proposed deferral, as the case may be, which has
been referred to the committee.
(2) A motion to discharge may be made only by an individual favoring
the bill or resolution, may be made only if supported by one-fifth of
the Members of the House involved (a quorum being present), and is
highly privileged in the House and privileged in the Senate (except that
it may not be made after the committee has reported a bill or resolution
with respect to the same special message or the same proposed deferral,
as the case may be); and debate thereon shall be limited to not more
than 1 hour, the time to be divided in the House equally between those
favoring and those opposing the bill or resolution, and to be divided in
the Senate equally between, and controlled by, the majority leader and
the minority leader or their designees. An amendment to the motion is
not in order, and it is not in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(c) Floor consideration in House
(1) When the committee of the House of Representatives has reported,
or has been discharged from further consideration of, a rescission bill
or impoundment resolution, it shall at any time thereafter be in order
(even though a previous motion to the same effect has been disagreed to)
to move to proceed to the consideration of the bill or resolution. The
motion shall be highly privileged and not debatable. An amendment to
the motion shall not be in order, nor shall it be in order to move to
reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate on a rescission bill or impoundment resolution shall be
limited to not more than 2 hours, which shall be divided equally between
those favoring and those opposing the bill or resolution. A motion
further to limit debate shall not be debatable. In the case of an
impoundment resolution, no amendment to, or motion to recommit, the
resolution shall be in order. It shall not be in order to move to
reconsider the vote by which a rescission bill or impoundment resolution
is agreed to or disagreed to.
(3) Motions to postpone, made with respect to the consideration of a
rescission bill or impoundment resolution, and motions to proceed to the
consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to any rescission bill or impoundment resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of any rescission bill or
impoundment resolution and amendments thereto (or any conference report
thereon) shall be governed by the Rules of the House of Representatives
applicable to other bills and resolutions, amendments, and conference
reports in similar circumstances.
(d) Floor consideration in the Senate
(1) Debate in the Senate on any rescission bill or impoundment
resolution, and all amendments thereto (in the case of a rescission
bill) and debatable motions and appeals in connection therewith, shall
be limited to not more than 10 hours. The time shall be equally divided
between, and controlled by, the majority leader and the minority leader
or their designees.
(2) Debate in the Senate on any amendment to a rescission bill shall
be limited to 2 hours, to be equally divided between, and controlled by,
the mover and the manager of the bill. Debate on any amendment to an
amendment, to such a bill, and debate on any debatable motion or appeal
in connection with such a bill or an impoundment resolution shall be
limited to 1 hour, to be equally divided between, and controlled by, the
mover and the manager of the bill or resolution, except that in the
event the manager of the bill or resolution is in favor of any such
amendment, motion, or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. No amendment that is
not germane to the provisions of a rescission bill shall be received.
Such leaders, or either of them, may, from the time under their control
on the passage of a rescission bill or impoundment resolution, allot
additional time to any Senator during the consideration of any
amendment, debatable motion, or appeal.
(3) A motion to further limit debate is not debatable. In the case
of a rescission bill, a motion to recommit (except a motion to recommit
with instructions to report back within a specified number of days, not
to exceed 3, not counting any day on which the Senate is not in session)
is not in order. Debate on any such motion to recommit shall be limited
to one hour, to be equally divided between, and controlled by, the mover
and the manager of the concurrent resolution. In the case of an
impoundment resolution, no amendment or motion to recommit is in order.
(4) The conference report on any rescission bill shall be in order in
the Senate at any time after the third day (excluding Saturdays,
Sundays, and legal holidays) following the day on which such a
conference report is reported and is available to Members of the Senate.
A motion to proceed to the consideration of the conference report may
be made even though a previous motion to the same effect has been
disagreed to.
(5) During the consideration in the Senate of the conference report
on any rescission bill, debate shall be limited to 2 hours to be equally
divided between, and controlled by, the majority leader and minority
leader or their designees. Debate on any debatable motion or appeal
related to the conference report shall be limited to 30 minutes, to be
equally divided between, and controlled by, the mover and the manager of
the conference report.
(6) Should the conference report be defeated, debate on any request
for a new conference and the appointment of conferees shall be limited
to one hour, to be equally divided between, and controlled by, the
manager of the conference report and the minority leader or his
designee, and should any motion be made to instruct the conferees before
the conferees are named, debate on such motion shall be limited to 30
minutes, to be equally divided between, and controlled by, the mover and
the manager of the conference report. Debate on any amendment to any
such instructions shall be limited to 20 minutes, to be equally divided
between, and controlled by, the mover and the manager of the conference
report. In all cases when the manager of the conference report is in
favor of any motion, appeal, or amendment, the time in opposition shall
be under the control of the minority leader or his designee.
(7) In any case in which there are amendments in disagreement, time
on each amendment shall be limited to 30 minutes, to be equally divided
between, and controlled by, the manager of the conference report and the
minority leader or his designee. No amendment that is not germane to
the provisions of such amendments shall be received.
(Pub. L. 93-344, title X, 1017, July 12, 1974, 88 Stat. 337.)
Section was formerly classified to section 1407 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
title 22 section 3224a; title 45
sections 721, 726.
02 USC CHAPTER 18 -- LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE
REQUIREMENTS
TITLE 2 -- THE CONGRESS
02 USC 701 to 709. Transferred
TITLE 2 -- THE CONGRESS
Sections 701 to 709, comprising title I of the Ethics in Government
Act of 1978, Pub. L. 95-521, was amended generally by Pub. L. 101-194,
title II, 202, Nov. 30, 1989, 103 Stat. 1724, effective Jan. 1, 1991,
and was transferred to section 101 et seq. of the Appendix to Title 5,
Government Organization and Employees.
Section 701, Pub. L. 95-521, title I, 101, Oct. 26, 1978, 92 Stat.
1824; Pub. L. 96-19, 2(a)(1), (b), (c)(1), 4(b)(1), (d)-(f), 5, June
13, 1979, 93 Stat. 37, 38, 40, related to legislative personnel
financial disclosure.
Section 702, Pub. L. 95-521, title I, 102, Oct. 26, 1978, 92 Stat.
1825; Pub. L. 96-19, 3(a)(1), (b), 6(a), 7(a)-(d)(1), (f), 9( b), (c)(
1), (j), June 13, 1979, 93 Stat. 39-43; Pub. L. 97-51, 130( b), Oct.
1, 1981, 95 Stat. 966; Pub. L. 98-150, 10, Nov. 11, 1983, 97 Stat.
962, related to contents of reports.
Section 703, Pub. L. 95-521, title I, 103, Oct. 26, 1978, 92 Stat.
1831; Pub. L. 96-19, 4(b)(2), 9(a), June 13, 1979, 93 Stat. 40, 42,
related to filing of reports.
Section 704, Pub. L. 95-521, title I, 104, Oct. 26, 1978, 92 Stat.
1832; Pub. L. 96-19, 8(a), June 13, 1979, 93 Stat. 41, related to
accessibility of reports.
Section 705, Pub. L. 95-521, title I, 105, Oct. 26, 1978, 92 Stat.
1833, related to review and compliance procedures.
Section 706, Pub. L. 95-521, title I, 106, Oct. 26, 1978, 92 Stat.
1833, related to failure to file or filing false reports.
Section 707, Pub. L. 95-521, title I, 107, Oct. 26, 1978, 92 Stat.
1834; Pub. L. 96-19, 9(d), (g), June 13, 1979, 93 Stat. 42, 43; Pub.
L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095, related to definitions.
Section 708, Pub. L. 95-521, title I, 108, Oct. 26, 1978, 92 Stat.
1835; Pub. L. 96-19, 9(t), June 13, 1979, 93 Stat. 44, related to
State laws affected.
Section 709, Pub. L. 95-521, title I, 109, Oct. 26, 1978, 92 Stat.
1836, related to study by Comptroller General.
02 USC CHAPTER 19 -- CONGRESSIONAL AWARD PROGRAM
TITLE 2 -- THE CONGRESS
Sec.
801. Establishment, etc., of Congressional Award Board.
802. Program.
(a) Establishment, functions, and purposes; nature of awards.
(b) Implementation requirements for Board.
(c) Presentation of awards.
(d) Scholarships for recipients of Congressional Award Gold, Silver,
and Bronze Medals.
(e) Annual reporting requirements.
803. Board organization.
(a) Membership; composition; appointment criteria; derivation of
appointment.
(b) Terms of appointed members; reappointment.
(c) Vacancies in membership.
(d) Notice; quorum.
(e) Compensation for travel expenses of members.
(f) Meetings.
(g) Chairman and Vice Chairman.
(h) Appointment, functions, etc., of committees; membership.
(i) Bylaws and regulations; contents; transmittal to Congress.
(j) Removal from Board.
804. Director of program; status; appointment and term; removal;
functions.
805. Regional award directors of program; appointment criteria.
806. Powers, functions, and limitations.
(a) General operating and expenditure authority.
(b) Mandatory functions.
(c) Statewide Congressional Award Councils; establishment, purposes,
duties, etc.
(d) Contracting authority.
(e) Obtaining and acceptance of non-Federal funds and resources;
indirect resources.
(f) Acceptance and utilization of services of voluntary,
uncompensated personnel.
(g) Lease, etc., of real or personal property.
(h) Fiscal authority.
(i) Establishment, functions, etc., of private nonprofit corporation;
articles of incorporation of corporation; compensation, etc., for
director, officer, or employee of corporation.
807. Audits and evaluation.
(a) Annual audits by Comptroller General; access to books,
documents, papers, and records.
(b) Annual report to Congress on audit results.
808. Termination.
02 USC 801. Establishment, etc., of Congressional Award Board
TITLE 2 -- THE CONGRESS
There is established a board to be known as the Congressional Award
Board (hereinafter in this chapter referred to as the ''Board''), which
shall be responsible for administering the Congressional Award Program
described under section 802 of this title. The Board shall not be an
agency or instrumentality of the United States, and the United States is
not liable for any obligation or liability incurred by the Board.
(Pub. L. 96-114, 2, Nov. 16, 1979, 93 Stat. 851.)
Pub. L. 101-525, 1, Nov. 6, 1990, 104 Stat. 2305, provided that:
''This Act (amending sections 802, 803, and 806 to 808 of this title and
enacting provisions set out as a note under section 808 of this title)
may be cited as the 'Congressional Award Amendments of 1990'.''
Pub. L. 100-674, 1, Nov. 17, 1988, 102 Stat. 3996, provided that:
''This Act (amending sections 802, 803, and 806 to 808 of this title and
enacting provisions set out as a note under section 803 of this title)
may be cited as the 'Congressional Award Act Amendments of 1988'.''
Pub. L. 99-161, 1, Nov. 25, 1985, 99 Stat. 934, provided that:
''This Act (amending sections 802, 803, and 806 to 808 of this title and
repealing provisions set out as a note under section 803 of this title)
may be cited as the 'Congressional Award Amendments of 1985'.''
Section 1 of Pub. L. 96-114 provided that: ''This Act (enacting
this chapter) may be cited as the 'Congressional Award Act'.''
02 USC 802. Program
TITLE 2 -- THE CONGRESS
(a) Establishment, functions, and purposes; nature of awards
The Board shall establish and administer a program to be known as the
Congressional Award Program, which shall be designed to promote
initiative, achievement, and excellence among youths in the areas of
public service, personal development, and physical and expedition
fitness. Under the program gold, silver, and bronze medals shall be
awarded to young people within the United States, aged fourteen through
twenty-three (subject to such exceptions as the Board may prescribe),
who have satisfied the standards of achievement established by the Board
under subsection (b) of this section. The medals shall be of such
design and materials as the Board may determine.
(b) Implementation requirements for Board
In carrying out the Congressional Award Program, the Board shall --
(1) establish the standards of achievement required for young people
to qualify as recipients of the medals and establish such procedures as
may be required to verify that individuals satisfy such qualifications;
(2) designate the recipients of the medals in accordance with the
standards established under paragraph (1) of this subsection;
(3) delineate such roles as the Board considers to be appropriate for
the Director and Regional Directors in administering the Congressional
Award, and set forth in the bylaws of the Board the duties, salaries,
and benefits of the Director and Regional Directors;
(4) raise funds for the operation of the program; and
(5) take such other actions as may be appropriate for the
administration of the Congressional Award Program.
No salary established by the Board under paragraph (3) shall exceed
$75,000 per annum, except that for calendar years after 1986, such limit
shall be increased in proportion to increases in the Consumer Price
Index.
(c) Presentation of awards
The Board shall arrange for the presentation of the awards to the
recipients and shall provide for participation by Members of Congress in
such presentation, when appropriate. To the extent possible, recipients
shall be provided with opportunities to exchange information and views
with Members of Congress during the presentation of the awards.
(d) Scholarships for recipients of Congressional Award Gold, Silver,
and Bronze Medals
The Board may award scholarships in such amounts as the Board
determines to be appropriate to any recipient of the Congressional Award
Gold, Silver, and Bronze Medals.
(e) Annual reporting requirements
The Board shall prepare and submit an annual report to the Congress
before April 1 of each year summarizing the activities of the
Congressional Award Program during the previous year and making
appropriate recommendations. Any minority views and recommendations of
members of the Board shall be included in such reports. The annual
report shall contain the following items:
(1) Specific information regarding the methods used to raise funds
for the Congressional Award Program and a list of the sources of all
money raised by the Board.
(2) Detailed information regarding the expenditures made by the
Board, including the percentage of funds which are used for
administrative expenses.
(3) A description of the programs formulated by the Director under
section 804(b)(1) of this title, including an explanation of the
operation of such programs and a list of their sponsors.
(4) A detailed list of the administrative expenditures made by the
Board, including the amounts expended for salaries, travel expenses, and
reimbursed expenses for each member, officer, employee, and consultant
of the Board (or of the Corporation established pursuant to section
806(g)(1) /1/ of this title).
(5) A list of individuals given awards under the program, and their
place of residence.
(6) A detailed description of the goals and objectives of the Board
and the role of Congressional participation in fulfilling those goals
and objectives.
(7) Plans for activities to be conducted during the remainder of the
duration of the program, consistent with the functions and requirements
established under this chapter.
(8) Such other information as the Board may consider significant.
(Pub. L. 96-114, 3, Nov. 16, 1979, 93 Stat. 851; Pub. L. 99-161, 4(
a)-(c), Nov. 25, 1985, 99 Stat. 934; Pub. L. 100-674, 2(a), Nov. 17,
1988, 102 Stat. 3996; Pub. L. 101-525, 3, Nov. 6, 1990, 104 Stat.
2305.)
Section 806(g)(1) of this title, referred to in subsec. (e)(4), was
redesignated section 806(h)(1) of this title by Pub. L. 100-674, 2(
c)(2)(A), Nov. 17, 1988, 102 Stat. 3997, and section 806(i)(1) of this
title by Pub. L. 101-525, 7(b)(2), Nov. 6, 1990, 104 Stat. 2307.
1990 -- Subsec. (e). Pub. L. 101-525 substituted ''April 1'' for
''March 1''.
1988 -- Subsec. (e)(6) to (8). Pub. L. 100-674 added pars. (6) and
(7) and redesignated former par. (6) as (8).
1985 -- Subsec. (b). Pub. L. 99-161, 4(a), inserted provision
limiting salaries established by Board under par. (3) to $75,000 per
annum, such limit after 1986 being increased in proportion to Consumer
Price Index.
Subsec. (d). Pub. L. 99-161, 4(b), inserted reference to Silver and
Bronze Medals.
Subsec. (e)(4). Pub. L. 99-161, 4(c), inserted ''for each member,
officer, employee, and consultant of the Board (or of the Corporation
established pursuant to section 806(g)(1) of this title)''.
/1/ See References in Text note below.
02 USC 803. Board organization
TITLE 2 -- THE CONGRESS
(a) Membership; composition; appointment criteria; derivation of
appointment
(1) The Board shall consist of 25 members, as follows:
(A) Six members appointed by the majority leader of the Senate, 1 of
whom shall be a member of the Congressional Award Association.
(B) Six members appointed by the minority leader of the Senate, 1 of
whom shall be a representative of a local Congressional Award Council.
(C) Six members appointed by the Speaker of the House of
Representatives, 1 of whom shall be a representative of a local
Congressional Award Council.
(D) Six members appointed by the minority leader of the House of
Representatives, 1 of whom shall be a member of the Congressional Award
Association.
(E) The Director of the Board, who shall serve as a nonvoting member.
(2) In making appointments to the Board, the congressional leadership
shall consider recommendations submitted by any interested party,
including any member of the Board. One of the members appointed under
each of subparagraphs (A) through (D) of paragraph (1) shall be a member
of the Congress.
(3) Individuals appointed to the Board shall have an interest in one
or more of the fields of concern of the Congressional Award Program.
(4) For the purpose of determining the derivation of the appointment
of any person appointed to the Board under this section, if there is a
change in the status of majority and minority between the parties of the
House or the Senate, each person appointed under this section shall be
deemed to have been appointed by the leadership position set out in
subsection (a)(1) of this section of the party of the individual who
made the initial appointment of such person.
(b) Terms of appointed members; reappointment
(1) Appointed members of the Board shall continue to serve at the
pleasure of the officer by whom they are appointed, and (unless
reappointed under paragraph (3)) shall serve for a term of 4 years.
(2) For the purpose of adjusting the terms of Board members to allow
for staggered appointments, the following distribution of Board terms
shall take effect at the first meeting of the Board occurring after
November 6, 1990:
(A) Those members who have served 10 years or more, as of the date of
such meeting, shall have an appointment expiring on a date 2 years from
October 1, 1990.
(B) Those members who have served for 6 months or less, as of the
date of such meeting, shall have an appointment expiring on a date 6
years from October 11, 1990.
(C) All other members shall apportion the remaining Board positions
between equal numbers of 2 and 4 year terms (providing that if there are
an unequal number of remaining members, there shall be a predominance of
4 year terms), such apportionment to be made by lot.
(3)(A) Subject to the limitations in subparagraphs (B) and (C) of
this paragraph, members of the Board may be reappointed, provided that
no member may serve more than 2 consecutive terms.
(B) Members of the Board covered under paragraph (2)(A) of this
section /1/ shall not be eligible for reappointment to the Board.
Members of the Board covered under subparagraphs (B) and (C) of
paragraph (2) of this section /1/ may be reappointed for 1 additional
consecutive 4 year term.
(C) Members of the Board who serve as chairman of the Board shall not
have the time during which they serve as chairman used in the
computation of their period of service for purposes of this paragraph
and paragraph (2).
(c) Vacancies in membership
(1) Any vacancy in the Board shall be filled in the same manner in
which the original appointment was made.
(2) Any appointed member of the Board may continue to serve after the
expiration of his term until his successor has taken office.
(3) Vacancies in the membership of the Board shall not affect its
power to function if there remain sufficient members to constitute a
quorum under subsection (d) of this section.
(d) Notice; quorum
(1) A meeting of the Board may be convened only if --
(A) notice of the meeting was provided to each member in accordance
with the bylaws; and
(B) not less than 11 members are present for the meeting at the time
given in the notice.
(2) A majority of the members present when a meeting is convened
shall constitute a quorum for the remainder of the meeting.
(e) Compensation for travel expenses of members
Members of the Board shall serve without pay but may be compensated
for reasonable travel expenses incurred by them in the performance of
their duties as members of the Board.
(f) Meetings
The Board shall meet at least twice a year at the call of the
Chairman (with at least one meeting in the District of Columbia) and at
such other times as the Chairman may determine to be appropriate. The
Chairman shall call a meeting of the Board whenever one-third of the
members of the Board submit written requests for such a meeting.
(g) Chairman and Vice Chairman
The Chairman and the Vice Chairman of the Board shall be elected from
among the members of the Board by a majority vote of the Board for such
terms as the Board determines. The Vice Chairman shall perform the
duties of the Chairman in his absence.
(h) Appointment, functions, etc., of committees; membership
(1) The Board may appoint such committees, and assign to the
committees such functions, as may be appropriate to assist the Board in
carrying out its duties under this chapter. Members of such committees
may include the members of the Board or such other qualified individuals
as the Board may select.
(2) Any employee or officer of the Federal Government may serve as a
member of a committee created by the Board, but may not receive
compensation for services performed for such a committee.
(i) Bylaws and regulations; contents; transmittal to Congress
The Board shall establish such bylaws and other regulations as may be
appropriate to enable the Board to carry out its functions under this
chapter. Such bylaws and other regulations shall include provisions to
prevent any conflict of interest, or the appearance of any conflict of
interest, in the procurement and employment actions taken by the Board
or by any officer or employee of the Board. Such bylaws shall include
appropriate fiscal control, funds accountability, and operating
principles to ensure compliance with the provisions of section 806 of
this title. A copy of such bylaws shall be transmitted to each House of
Congress not later than 90 days after November 25, 1985, and not later
than 10 days after any subsequent amendment or revision of such bylaws.
(j) Removal from Board
Any member of the Board who fails to attend 4 consecutive Board
meetings scheduled pursuant to the bylaws of the Board and for which
proper notice has been given under such bylaws, or to send a designee of
such member (approved in advance by the Board under provisions of its
bylaws), is, by operation of this subsection, removed, for cause, from
the Board as of the date of the last meeting from which they are absent.
The Chairman of the Board shall take such steps as are necessary to
inform members who have 3 absences of this subsection. The Chairman
shall notify the House and the Senate, including the appropriate
committees of each body, whenever there is a vacancy created by the
operation of this subsection.
(Pub. L. 96-114, 4, Nov. 16, 1979, 93 Stat. 852; Pub. L. 98-33, 1,
May 25, 1983, 97 Stat. 194; Pub. L. 99-161, 2, 4(d), (e), Nov. 25,
1985, 99 Stat. 934, 935; Pub. L. 100-674, 2(b), Nov. 17, 1988, 102
Stat. 3996; Pub. L. 101-525, 4-6, Nov. 6, 1990, 104 Stat. 2305, 2306.)
1990 -- Subsec. (a)(4). Pub. L. 101-525, 4, added par. (4).
Subsec. (b). Pub. L. 101-525, 5, designated existing provision as
par. (1) and substituted ''and (unless reappointed under paragraph (3))
shall serve for a term of 4 years'' for ''but (unless reappointed) shall
not serve for more than four years'', and added pars. (2) and (3).
Subsec. (j). Pub. L. 101-525, 6, added subsec. (j).
1988 -- Subsec. (a)(1). Pub. L. 100-674, 2(b)(1), in introductory
provisions, substituted ''25'' for ''thirty-three'', in subpars. (A) to
(D), substituted ''Six members'' for ''Eight members'', in subpars. (A)
and (D), inserted '', 1 of whom shall be a member of the Congressional
Award Association'', and in subpars. (B) and (C), inserted '', 1 of
whom shall be a representative of a local Congressional Award Council''.
Subsec. (d). Pub. L. 100-674, 2(b)(2), amended subsec. (d)
generally. Prior to amendment, subsec. (d) read as follows: ''A
majority of the members of the Board shall constitute a quorum.''
1985 -- Subsec. (a)(2). Pub. L. 99-161, 2(1), inserted ''One of the
members appointed under each of subparagraphs (A) through (D) of
paragraph (1) shall be a member of the Congress.''
Subsec. (b). Pub. L. 99-161, 2(2), amended subsec. (b) generally,
substituting provisions for continuance of service of appointed members
at pleasure of appointing officer, but unless reappointed, for not more
than four years, for provisions limiting term of service to six years
with exceptions for first appointed members and individuals appointed to
Board after March 31, 1983, whose terms were limited.
Subsec. (c)(2) to (4). Pub. L. 99-161, 2(3), struck out par. (2)
limiting term of service of any member appointed to fill out an
unexpired term to remainder of that term and redesignated pars. (3) and
(4) as (2) and (3), respectively.
Subsec. (f). Pub. L. 99-161, 4(d), substituted ''meet at least twice
a year at the call of the Chairman (with at least one meeting in the
District of Columbia)'' for ''meet annually at the call of the
Chairman''.
Subsec. (i). Pub. L. 99-161, 4(e), inserted requirement that bylaws
and other regulations include provisions preventing conflict of
interest, and include appropriate fiscal control, funds accountability,
etc., to comply with section 806 of this title, and inserted provisions
requiring transmittal of a copy of such bylaws to each House of Congress
within specified periods of time.
1983 -- Subsec. (a)(1). Pub. L. 98-33, 1(a)(1), (2), substituted
''thirty-three'' for ''seventeen'' in the matter preceding subpar. (A),
and substituted ''Eight'' for ''Four'' in each of subpars. (A) through
(D).
Subsec. (a)(2). Pub. L. 98-33, 1(a)(3), struck out ''or the Committee
for the Establishment and Promotion of the Congressional Award'' after
''member of the Board''.
Subsec. (b). Pub. L. 98-33, 1(b), designated existing provisions as
par. (1); in par. (1), as so designated, redesignated pars. (1) to
(3) as subpars. (A) to (C), respectively, and substituted ''Except as
provided in paragraph (2), appointed'' for ''Appointed''; and added
par. (2).
Section 3 of Pub. L. 100-674 provided that: ''Not later than 120
days after the date of the enactment of this Act (Nov. 17, 1988), the
congressional leadership shall appoint members to fill vacancies on the
Congressional Award Board in accordance with section 4(a) of the
Congressional Award Act (2 U.S.C. 803(a)) (as amended by section 2(b)).
In filling such vacancies, the congressional leadership shall first
appoint members from the Congressional Award Association and local
Congressional Award Councils in accordance with section 4(a) of the
Congressional Award Act (as amended by section 2(b)).''
Section 2 of Pub. L. 98-33, relating to exceptional terms for
certain individuals appointed to the Congressional Award Board, was
repealed by Pub. L. 99-161, 5, Nov. 25, 1985, 99 Stat. 936.
/1/ So in original. Probably should be ''subsection''.
02 USC 804. Director of program; status; appointment and term;
removal; functions
TITLE 2 -- THE CONGRESS
(a) In the administration of the Congressional Award Program, the
Board shall be assisted by a Director, who shall be the principal
executive of the program and who shall supervise the affairs of the
Board. The Director shall be appointed by a majority vote of the Board,
and shall serve for such term as the Board may determine. The Director
may be removed by a majority vote of the Board.
(b) The Director shall, in consultation with the Board --
(1) formulate programs to carry out the policies of the Congressional
Award Program;
(2) establish such divisions within the Congressional Award Program
as may be appropriate; and
(3) employ and provide for the compensation of such personnel as may
be necessary to carry out the Congressional Award Program, subject to
such policies as the Board shall prescribe under its bylaws.
(Pub. L. 96-114, 5, Nov. 16, 1979, 93 Stat. 853.)
02 USC 805. Regional award directors of program; appointment criteria
TITLE 2 -- THE CONGRESS
Regional award directors may be appointed by the Board, upon
recommendation of the Director, for any State or other appropriate
geographic area of the United States. The Director shall make such
recommendations with respect to a State or geographic area only after
soliciting recommendations regarding such appointments from public and
private youth organizations within such State or geographic area.
(Pub. L. 96-114, 6, Nov. 16, 1979, 93 Stat. 853.)
02 USC 806. Powers, functions, and limitations
TITLE 2 -- THE CONGRESS
(a) General operating and expenditure authority
Subject to such limitations as may be provided for under this
section, the Board may take such actions and make such expenditures as
may be necessary to carry out the Congressional Award Program, except
that --
(1) the Board shall carry out its functions and make expenditures
with only such resources as are available to the Board from sources
other than the Federal Government; and
(2) the Board shall not take any actions which would disqualify the
Board from treatment (for tax purposes) as an organization described in
section 501(c)(3) of title 26.
(b) Mandatory functions
(1) The Board shall establish such functions and procedures as may be
necessary to carry out the provisions of this chapter.
(2) The functions established by the Board under paragraph (1) shall
include --
(A) communication with local Congressional Award Councils concerning
the Congressional Award Program;
(B) provision, upon the request of any local Congressional Award
Council, of such technical assistance as may be necessary to assist such
council with its responsibilities, including the provision of medals,
the preparation and provision of applications, guidance on disposition
of applications, arrangements with respect to local award ceremonies,
and other responsibilities of such council;
(C) conduct of outreach activities to establish new local
Congressional Award Councils, particularly in inner-city areas and rural
areas;
(D) in addition to those activities authorized under subparagraph
(C), conduct of outreach activities to encourage, where appropriate, the
establishment and development of Statewide Congressional Award Councils;
(E) fundraising;
(F) conduct of an annual Gold Medal Awards ceremony in the District
of Columbia;
(G) consideration of implementation of the provisions of this chapter
relating to scholarships; and
(H) carrying out of duties relating to management of the national
office of the Congressional Award Program, including supervision of
office personnel and of the office budget.
(c) Statewide Congressional Award Councils; establishment, purposes,
duties, etc.
(1) In carrying out its functions with respect to Statewide
Congressional Award Councils (hereinafter in this subsection referred to
as Statewide Councils) under subsection (b) of this section, the Board
shall develop guidelines, criteria, and standards for the formation of
Statewide Councils. In order to create a Statewide Council, Members of
Congress and Senators from each respective State are encouraged to work
jointly with the Board.
(2) The establishment of Statewide Councils is intended to --
(A) facilitate expanded public participation and involvement in the
program; and
(B) promote greater opportunities for involvement by members of the
State congressional delegation.
(3) The duties and responsibilities of each Statewide Council
established pursuant to this section shall include, but not be limited
to, the following:
(A) promoting State and local awareness of the Congressional Award
Program;
(B) review of participant records and activities;
(C) review and verification of information on, and recommendation of,
candidates to the national board for approval;
(D) planning and organization of bronze and silver award ceremonies;
(E) assisting gold award recipients with travel to and from the
national gold award ceremony; and
(F) designation of a Statewide coordinator to serve as a liaison
between the State and local boards and the national board.
(4) Each Statewide Council established pursuant to this section is
authorized to receive public monetary and in-kind contributions, which
may be made available to local boards to supplement or defray operating
expenses. The Board shall adopt appropriate financial management
methods in order to ensure the proper accounting of these funds.
(5) Each Statewide Council established pursuant to this section shall
comply with the standard charter requirements of the national board of
directors.
(d) Contracting authority
The Board may enter into and perform such contracts as may be
appropriate to carry out its business, but the Board may not enter into
any contract which would obligate the Board to expend an amount greater
than the amount available to the Board for the purpose of such contract
during the fiscal year in which the expenditure is made.
(e) Obtaining and acceptance of non-Federal funds and resources;
indirect resources
(1) Subject to the provisions of paragraph (2), the Board may seek
and accept funds and other resources to carry out its activities. The
Board may not accept any funds or other resources which are --
(A) donated with a restriction on their use unless such restriction
merely provides that such funds or other resources be used in
furtherance of the Congressional Award Program or a specific regional or
local program; and
(B) donated subject to the condition that the identity of the donor
of the funds or resources shall remain anonymous.
The Board may permit donors to use the name of the Board or the name
''Congressional Award Program'' in advertising.
(2) Except as otherwise provided in this chapter, the Board may not
receive any Federal funds or resources. The Board may benefit from
in-kind and indirect resources provided by Offices of Members of
Congress or the Congress. Further, the Board is not prohibited from
receiving indirect benefits from efforts or activities undertaken in
collaboration with entities which receive Federal funds or resources.
(f) Acceptance and utilization of services of voluntary,
uncompensated personnel
The Board may accept and utilize the services of voluntary,
uncompensated personnel.
(g) Lease, etc., of real or personal property
The Board may lease (or otherwise hold), acquire, or dispose of real
or personal property necessary for, or relating to, the duties of the
Board.
(h) Fiscal authority
The Board shall have no power --
(1) to issue bonds, notes, debentures, or other similar obligations
creating long-term indebtedness;
(2) to issue any share of stock or to declare or pay any dividends;
or
(3) to provide for any part of the income or assets of the Board to
inure to the benefit of any director, officer, or employee of the Board
except as reasonable compensation for services or reimbursement for
expenses.
(i) Establishment, functions, etc., of private nonprofit corporation;
articles of incorporation of corporation; compensation, etc., for
director, officer, or employee of corporation
(1) The Board shall provide for the establishment of a private
nonprofit corporation for the sole purpose of assisting the Board to
carry out the Congressional Award Program, and shall delegate to the
corporation such duties as it considers appropriate.
(2) The articles of incorporation of the corporation established
under this subsection shall provide that --
(A) the members of the Board of Directors of the corporation shall be
the members of the Board, and the Director of the corporation shall be
the Director of the Board; and
(B) the extent of the authority of the corporation shall be the same
as that of the Board.
(3) No director, officer, or employee of any corporation established
under this subsection may receive compensation, travel expenses, or
benefits from both the corporation and the Board.
(Pub. L. 96-114, 7, Nov. 16, 1979, 93 Stat. 854; Pub. L. 99-161, 4(
f), Nov. 25, 1985, 99 Stat. 935; Pub. L. 99-514, 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 100-674, 2(c), Nov. 17, 1988, 102 Stat. 3996; Pub.
L. 101-525, 7, Nov. 6, 1990, 104 Stat. 2306.)
1990 -- Subsec. (a). Pub. L. 101-525, 7(a), which directed the
insertion of ''(a)'' after the section designation, was not executed in
view of existing subsec. (a) designation.
Subsec. (b)(2)(C). Pub. L. 101-525, 7(b)(1)(A), substituted
''conduct'' for ''conducting'' and struck out ''State and'' after
''new''.
Subsec. (b)(2)(D), (E). Pub. L. 101-525, 7(b)(1)(B), added subpar.
(D) and redesignated former subpar. (D) as (E). Former subpar. (E)
redesignated (F).
Subsec. (b)(2)(F). Pub. L. 101-525, 7(b)(1)(B), (C), redesignated
subpar. (E) as (F) and substituted ''conduct'' for ''conducting''.
Former subpar. (F) redesignated (G).
Subsec. (b)(2)(G), (H). Pub. L. 101-525, 7(b)(1)(B), redesignated
subpars. (F) and (G) as (G) and (H), respectively.
Subsecs. (c), (d). Pub. L. 101-525, 7(b)(2), added subsec. (c).
Former subsecs. (c) and (d) redesignated (d) and (e), respectively.
Subsec. (e). Pub. L. 101-525, 7(b)(2), (c), redesignated subsec. (d)
as (e) and amended it generally. Prior to amendment, subsec. (e) read
as follows: ''The Board may seek and accept, from sources other than
the Federal Government, funds and other resources to carry out its
activities. The Board may not accept any funds or other resources which
are --
''(1) donated with a restriction on their use unless such restriction
merely provides that such funds or other resources be used in
furtherance of the Congressional Award Program; or
''(2) donated subject to the condition that the identity of the donor
of the funds or resources shall remain anonymous.
The Board may permit donors to use the name of the Board or the name
'Congressional Award Program' in advertising.'' Former subsec. (e)
redesignated (f).
Subsecs. (f) to (i). Pub. L. 101-525, 7(b)(2), redesignated subsecs.
(e) to (h) as (f) to (i), respectively.
1988 -- Pub. L. 100-674, 2(c)(1), substituted ''Powers, functions,
and limitations'' for ''Powers and limitations of Board'' in section
catchline.
Subsecs. (b) to (h). Pub. L. 100-674, 2(c)(2), added subsec. (b) and
redesignated former subsecs. (b) to (g) as (c) to (h), respectively.
1986 -- Subsec. (a)(2). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
1985 -- Subsec. (c). Pub. L. 99-161 inserted at end ''The Board may
permit donors to use the name of the Board or the name 'Congressional
Award Program' in advertising.''
02 USC 807. Audits and evaluation
TITLE 2 -- THE CONGRESS
(a) Annual audits by Comptroller General; access to books,
documents, papers, and records
The financial records of the Board and of any corporation established
under section 806(i) of this title shall be audited annually by the
Comptroller General of the United States (hereinafter in this section
referred to as the ''Comptroller General''). The Comptroller General,
or any duly authorized representative of the Comptroller General, shall
have access for the purpose of audit to any books, documents, papers,
and records of the Board or such corporation (or any agent of the Board
or such corporation) which, in the opinion of the Comptroller General,
may be pertinent to the Congressional Award Program.
(b) Annual report to Congress on audit results
The Comptroller General shall submit to appropriate officers,
committees, and subcommittees of the Congress, by May 15th of each
calendar year, a report on the results of the audit of the financial
records and on any such additional areas as the Comptroller General
determines deserve or require evaluation.
(Pub. L. 96-114, 8, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99-161, 4(
g), Nov. 25, 1985, 99 Stat. 935; Pub. L. 100-674, 2(e), Nov. 17, 1988,
102 Stat. 3998; Pub. L. 101-525, 8, Nov. 6, 1990, 104 Stat. 2308.)
1990 -- Subsec. (a). Pub. L. 101-525, 8(1), substituted ''section
806(i) of this title'' for ''section 806(h) of this title'' and
''annually'' for ''at least biennially''.
Subsec. (b). Pub. L. 101-525, 8(2), added subsec. (b) and struck out
former subsec. (b) which required audit to assess adequacy of fiscal
control and funds accountability procedures and propriety of expenses.
Subsecs. (c), (d). Pub. L. 101-525, 8(2), struck out subsec. (c)
which required the Comptroller General to include in report on first
audit performed after Nov. 25, 1985, an evaluation of programs and
activities under this chapter and specified contents of such evaluation,
and subsec. (d) which directed that report on first audit performed
after Nov. 25, 1985, was to be submitted on or before May 15, 1988.
1988 -- Subsec. (a). Pub. L. 100-674 substituted ''section 806(h)''
for ''section 806(g)''.
1985 -- Pub. L. 99-161, 4(g)(1), inserted ''and evaluation'' after
''Audits'' in section catchline.
Subsec. (a). Pub. L. 99-161, 4(g)(2)-(4), designated existing
provisions as subsec. (a), substituted ''shall be audited at least
biennially'' for ''may be audited'', and struck out ''at such times as
the Comptroller General may determine to be appropriate'' after
''referred to as the 'Comptroller General')''.
Subsecs. (b) to (d). Pub. L. 99-161, 4(g)(5), added subsecs. (b) to
(d).
02 USC 808. Termination
TITLE 2 -- THE CONGRESS
The Board shall terminate October 1, 1992.
(Pub. L. 96-114, 9, Nov. 16, 1979, 93 Stat. 855; Pub. L. 99-161, 3,
Nov. 25, 1985, 99 Stat. 934; Pub. L. 100-674, 2(d), Nov. 17, 1988, 102
Stat. 3997; Pub. L. 101-525, 2(a), Nov. 6, 1990, 104 Stat. 2305.)
1990 -- Pub. L. 101-525 amended section generally, substituting
present provision for provisions which had: in subsec. (a) directed
that the Board terminate on Nov. 15, 1989; in subsec. (b) provided
for alternative termination dates; in subsec. (c) required reports to
Congress; in subsecs. (d) and (e) required certification of compliance
and verification of information, respectively; and in subsec. (f)
mandated dissolution of corporations established by the Board prior to
its termination.
1988 -- Pub. L. 100-674 amended section generally. Prior to
amendment, section read as follows: ''The Board shall terminate on
November 16, 1988. Upon termination of the Board, the Board shall take
such actions as may be required to provide for the dissolution of any
corporation established by the Board under section 806(g) of this title.
The Board shall set forth, in its bylaws, the procedures for
dissolution to be followed by the Board.''
1985 -- Pub. L. 99-161 substituted ''on November 16, 1988'' for
''six years after November 16, 1979''.
Section 2(b) of Pub. L. 101-525 provided that: ''During the period
of October 1, 1990, through the date of the enactment of this section
(Nov. 6, 1990), all actions and functions of the Congressional Award
Board under the Congressional Award Act (2 U.S.C. 801 et seq.) shall
have the same effect as though no lapse or termination of the Board ever
occurred.''
02 USC CHAPTER 20 -- EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
TITLE 2 -- THE CONGRESS
Sec.
900. Statement of budget enforcement through sequestration;
definitions.
(a) Omitted.
(b) General statement of budget enforcement through sequestration.
(c) Definitions.
901. Enforcing discretionary spending limits.
(a) Fiscal years 1991-1995 enforcement.
(b) Adjustments to discretionary spending limits.
902. Enforcing pay-as-you-go.
(a) Fiscal years 1992-1995 enforcement.
(b) Sequestration; look-back.
(c) Eliminating a deficit increase.
(d) OMB estimates.
(e) Emergency legislation.
903. Enforcing deficit targets.
(a) Sequestration.
(b) Excess deficit; margin.
(c) Dividing sequestration.
(d) Defense.
(e) Non-defense.
(f) Baseline assumptions; part-year appropriations.
(g) Adjustments to maximum deficit amounts.
(h) Treatment of deposit insurance.
904. Reports and orders.
(a) Timetable.
(b) Submission and availability of reports.
(c) Optional adjustment of maximum deficit amounts.
(d) Sequestration preview reports.
(e) Notification regarding military personnel.
(f) Sequestration update reports.
(g) Final sequestration reports.
(h) Within-session sequestration reports and order.
(i) GAO compliance report.
(j) Low-growth report.
(k) Economic and technical assumptions.
905. Exempt programs and activities.
(a) Social security benefits and tier I railroad retirement benefits.
(b) Veterans programs.
(c) Net interest.
(d) Earned income tax credit.
(e) Non-defense unobligated balances.
(f) Certain program bases.
(g) Other programs and activities.
(h) Low-income programs.
(i) Identification of programs.
(h) Optional exemption of military personnel.
906. Exceptions, limitations, and special rules.
(a) Automatic spending increases.
(b) Effect of orders on the guaranteed student loan program.
(c) Treatment of foster care and adoption assistance programs.
(d) Special rules for Medicare program.
(e) Community and migrant health centers, Indian health services and
facilities, and veteran's medical care.
(f) Treatment of child support enforcement program.
(g) Federal pay.
(h) Treatment of Federal administrative expenses.
(i) Treatment of payments and advances made with respect to
unemployment compensation programs.
(j) Commodity Credit Corporation.
(k) Special rules for JOBS portion of AFDC.
(l) Effects of sequestration.
907. The baseline.
(a) In general.
(b) Direct spending and receipts.
(c) Discretionary appropriations.
(d) Up-to-date concepts.
(e) Sale of assets or prepayment of loans.
907a. Suspension in event of war or low growth.
(a) Procedures in event of low-growth report.
(b) Suspension of sequestration procedures.
(c) Restoration of sequestration procedures.
907b. Modification of Presidential order.
(a) Introduction of joint resolution.
(b) Procedures for consideration of joint resolutions.
907c. Flexibility among defense programs, projects, and activities.
(a) Reductions beyond amount specified in Presidential order.
(b) Base closures prohibited.
(c) Report and joint resolution required.
(d) Introduction of joint resolution.
(e) Form and title of joint resolution.
(f) Calendaring and consideration of joint resolution in the Senate.
(g) Debate of joint resolution; motions.
(h) Amendment of joint resolution.
(i) Vote on final passage of joint resolution.
(j) Appeal from decision of Chair.
(k) Conference reports.
(l) Resolution from other House.
(m) Senate action on House resolution.
907d. Special reconciliation process.
(a) Reporting of resolutions and reconciliation bills and
resolutions, in Senate.
(b) Procedures.
908. Modification of Presidential order.
(a) Introduction of joint resolution.
(b) Procedures for consideration of joint resolutions.
909. Repealed.
921. Transferred.
922. Judicial review.
(a) Expedited review.
(b) Appeal to Supreme Court.
(c) Expedited consideration.
(d) Noncompliance with sequestration procedures.
(e) Timing of relief.
(f) Alternative procedures for joint reports of Directors.
(g) Preservation of other rights.
(h) Economic data and assumptions.
02 USC SUBCHAPTER I -- ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM
DEFICIT AMOUNT
TITLE 2 -- THE CONGRESS
2009a; title 42 section 300aa-15.
For termination of subchapter by section 275(b) of Pub. L. 99-177,
as amended, see Effective and Termination Dates note set out under
section 900 of this title.
02 USC 900. Statement of budget enforcement through sequestration;
definitions
TITLE 2 -- THE CONGRESS
(a) Omitted
(b) General statement of budget enforcement through sequestration
This subchapter provides for the enforcement of the deficit reduction
assumed in House Concurrent Resolution 310 (101st Congress, second
session) and the applicable deficit targets for fiscal years 1991
through 1995. Enforcement, as necessary, is to be implemented through
sequestration --
(1) to enforce discretionary spending levels assumed in that
resolution (with adjustments as provided hereinafter);
(2) to enforce the requirement that any legislation increasing direct
spending or decreasing revenues be on a pay-as-you-go basis; and
(3) to enforce the deficit targets specifically set forth in the
Congressional Budget and Impoundment Control Act of 1974 (with
adjustments as provided hereinafter);
applied in the order set forth above.
(c) Definitions
As used in this subchapter:
(1) The terms ''budget authority'', ''new budget authority'',
''outlays'', and ''deficit'' have the meanings given to such terms in
section 3 of the Congressional Budget and Impoundment Control Act of
1974 (2 U.S.C. 622) (but including the treatment specified in section
907(b)(3) of this title of the Hospital Insurance Trust Fund) and the
terms ''maximum deficit amount'' and ''discretionary spending limit''
shall mean the amounts specified in section 601 of that Act (2 U.S.C.
665) as adjusted under sections 901 and 903 of this title.
(2) The terms ''sequester'' and ''sequestration'' refer to or mean
the cancellation of budgetary resources provided by discretionary
appropriations or direct spending law.
(3) The term ''breach'' means, for any fiscal year, the amount (if
any) by which new budget authority or outlays for that year (within a
category of discretionary appropriations) is above that category's
discretionary spending limit for new budget authority or outlays for
that year, as the case may be.
(4) The term ''category'' means:
(A) For fiscal years 1991, 1992, and 1993, any of the following
subsets of discretionary appropriations: defense, international, or
domestic. Discretionary appropriations in each of the three categories
shall be those so designated in the joint statement of managers
accompanying the conference report on the Omnibus Budget Reconciliation
Act of 1990. New accounts or activities shall be categorized in
consultation with the Committees on Appropriations and the Budget of the
House of Representatives and the Senate.
(B) For fiscal years 1994 and 1995, all discretionary appropriations.
Contributions to the United States to offset the cost of Operation
Desert Shield shall not be counted within any category.
(5) The term ''baseline'' means the projection (described in section
907 of this title) of current-year levels of new budget authority,
outlays, receipts, and the surplus or deficit into the budget year and
the outyears.
(6) The term ''budgetary resources'' means --
(A) with respect to budget year 1991, new budget authority;
unobligated balances; new loan guarantee commitments or limitations;
new direct loan obligations, commitments, or limitations; direct
spending authority; and obligation limitations; or
(B) with respect to budget year 1992, 1993, 1994, or 1995, new budget
authority; unobligated balances; direct spending authority; and
obligation limitations.
(7) The term ''discretionary appropriations'' means budgetary
resources (except to fund direct-spending programs) provided in
appropriation Acts.
(8) The term ''direct spending'' means --
(A) budget authority provided by law other than appropriation Acts;
(B) entitlement authority; and
(C) the food stamp program.
(9) The term ''current'' means, with respect to OMB estimates
included with a budget submission under section 1105(a) of title 31, the
estimates consistent with the economic and technical assumptions
underlying that budget and with respect to estimates made after
submission of the fiscal year 1992 budget that are not included with a
budget submission, estimates consistent with the economic and technical
assumptions underlying the most recently submitted President's budget.
(10) The term ''real economic growth'', with respect to any fiscal
year, means the growth in the gross national product during such fiscal
year, adjusted for inflation, consistent with Department of Commerce
definitions.
(11) The term ''account'' means an item for which appropriations are
made in any appropriation Act and, for items not provided for in
appropriation Acts, such term means an item for which there is a
designated budget account identification code number in the President's
budget.
(12) The term ''budget year'' means, with respect to a session of
Congress, the fiscal year of the Government that starts on October 1 of
the calendar year in which that session begins.
(13) The term ''current year'' means, with respect to a budget year,
the fiscal year that immediately precedes that budget year.
(14) The term ''outyear'' means, with respect to a budget year, any
of the fiscal years that follow the budget year through fiscal year
1995.
(15) The term ''OMB'' means the Director of the Office of Management
and Budget.
(16) The term ''CBO'' means the Director of the Congressional Budget
Office.
(17) For purposes of sections 902 and 903 of this title, legislation
enacted during the second session of the One Hundred First Congress
shall be deemed to have been enacted before November 5, 1990.
(18) As used in this subchapter, all references to entitlement
authority shall include the list of mandatory appropriations included in
the joint explanatory statement of managers accompanying the conference
report on the Omnibus Budget Reconciliation Act of 1990.
(19) The term ''deposit insurance'' refers to the expenses of the
Federal Deposit Insurance Corporation and the funds it incorporates, the
Resolution Trust Corporation, the National Credit Union Administration
and the funds it incorporates, the Office of Thrift Supervision, the
Comptroller of the Currency Assessment Fund, and the RTC Office of
Inspector General.
(20) The term ''composite outlay rate'' means the percent of new
budget authority that is converted to outlays in the fiscal year for
which the budget authority is provided and subsequent fiscal years, as
follows:
(A) For the international category, 46 percent for the first year, 20
percent for the second year, 16 percent for the third year, and 8
percent for the fourth year.
(B) For the domestic category, 53 percent for the first year, 31
percent for the second year, 12 percent for the third year, and 2
percent for the fourth year.
(21) The sale of an asset means the sale to the public of any asset,
whether physical or financial, owned in whole or in part by the United
States. The term ''prepayment of a loan'' means payments to the United
States made in advance of the schedules set by law or contract when the
financial asset is first acquired, such as the prepayment to the Federal
Financing Bank of loans guaranteed by the Rural Electrification
Administration. If a law or contract allows a flexible payment
schedule, the term ''in advance'' shall mean in advance of the slowest
payment schedule allowed under such law or contract.
(Pub. L. 99-177, title II, 250, as added Pub. L. 101-508, title XIII,
13101(a), Nov. 5, 1990, 104 Stat. 1388-574, and Pub. L. 99-177, title
II, 250(c)(21), formerly 257(12), as added Pub. L. 100-119, title I,
102(b)(7), Sept. 29, 1987, 101 Stat. 774, redesignated 250( c)(21), Pub.
L. 101-508, title XIII, 13101(b), Nov. 5, 1990, 104 Stat. 1388-589.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out below.
House Concurrent Resolution 310, referred to in subsec. (b), is H.
Con. Res. 310, Oct. 9, 1990, 104 Stat. 5163, which is not classified
to the Code.
The Congressional Budget and Impoundment Control Act of 1974,
referred to in subsec. (b)(3), is Pub. L. 93-344, July 12, 1974, 88
Stat. 297, as amended. For complete classification of this Act to the
Code, see Short Title note set out under section 621 of this title and
Tables.
The Omnibus Budget Reconciliation Act of 1990, referred to in subsec.
(c)(4)(A), (18), is Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388.
For complete classification of this Act to the Code, see Tables.
Subsection (a) of this section, which provided a partial table of
contents for this subchapter was omitted from the Code.
Pub. L. 101-508, 13101(b), transferred section 257(12) of Pub. L.
99-177, which was classified to section 907(12) of this title, to
subsec. (c)(21) of this section.
November 5, 1990, referred to in subsec. (c)(17), was in the
original ''the date of enactment of this Act'', which was translated as
meaning the date of enactment of Pub. L. 101-508, which enacted this
section, to reflect the probable intent of Congress.
Subsec. (c)(21). Pub. L. 101-508, 13101(b), redesignated section
907(12) of this title as par. (21).
Section 275 of title II of Pub. L. 99-177, as amended by Pub. L.
100-119, title I, 106(c), title II, 210(b), Sept. 29, 1987, 101 Stat.
780, 787; Pub. L. 101-508, title XIII, 13112(b), 13208(b), Nov. 5,
1990, 104 Stat. 1388-608, 1388-619, provided that:
''(a) In General. --
''(1) Except as provided in paragraph (2) and in subsections (b) and
(c), this title and the amendments made by this title (see Short Title
note below) shall become effective on the date of the enactment of this
title (Dec. 12, 1985) and shall apply with respect to fiscal years
beginning after September 30, 1985.
''(2)(A) The amendment made by section 201(a)(2) (amending section
622(2) of this title), and the amendment made by section 201(b) (()
insofar as it relates to subsections (c), (f), and (g) of section 302 of
the Congressional Budget Act of 1974 (section 633(c), (f), and (g) of
this title) and to subsections (c), (d), and (g) of section 310 of that
Act (section 641(c), (d), and (g) of this title)), shall become
effective April 15, 1986.
''(B) The amendment made by section 212 (amending section 652 of this
title) shall become effective February 1, 1986.
''(b) Expiration. -- Part C of this title (enacting this subchapter),
section 271(b) of this Act (set out as a note below), and sections
1105(f) and 1106(c) of title 31, United States Code, shall expire
September 30, 1995.
''(c) OASDI Trust Funds. -- The amendments made by part D (amending
section 911 of Title 42, The Public Health and Welfare, and enacting
provisions set out as a note under section 911 of Title 42) shall apply
as provided in such part.''
(Amendment of section 275(b)(2) of Pub. L. 99-177, set out above, by
section 13208(b) of Pub. L. 101-508 could not be executed because of
general amendment of section 275(b) by section 13112(b) of Pub. L.
101-508.)
Section 13001(a) of title XIII of Pub. L. 101-508 provided that:
''This title (enacting this section and sections 643, 661 to 661f, 665
to 665e, and 907a to 907d of this title, amending sections 601, 602,
622, 631 to 637, 639, 641, 642, 644, 651, 652, and 901 to 907 of this
title, section 1022 of Title 15, Commerce and Trade, sections 1105,
1341, and 1342 of Title 31, Money and Finance, and section 401 of Title
42, The Public Health and Welfare, transferring section 921 of this
title to section 601(g) of this title, repealing section 909 of this
title, enacting provisions set out as notes under this section and
sections 621, 622, 632, 633, 665, and 902 of this title, and amending
provisions set out as notes under this section and sections 621 and 632
of this title) may be cited as the 'Budget Enforcement Act of 1990'.''
Section 101(b) of title I of Pub. L. 100-119 provided that: ''This
title (enacting section 908 of this title, amending sections 622, 632,
642, 901 to 907, and 922 of this title and section 1105 of Title 31,
Money and Finance, enacting provisions set out as notes under section
1395ww of Title 42, The Public Health and Welfare, and amending
provisions set out as notes under section 901 of this title and sections
1320b-8 and 1395ww of Title 42) may be cited as the 'Balanced Budget and
Emergency Deficit Control Reaffirmation Act of 1987'.''
Section 200(a) of title II of Pub. L. 99-177 provided that: ''This
title (enacting this chapter and sections 654 to 656 of this title,
amending sections 602, 622, 631 to 642, and 651 to 653 of this title,
sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and
section 911 of Title 42, The Public Health and Welfare, repealing
section 661 of this title, enacting provisions set out as notes under
this section and section 911 of Title 42, and amending provisions set
out as a note under section 621 of this title) may be cited as the
'Balanced Budget and Emergency Deficit Control Act of 1985'.''
Section 271(b) of Pub. L. 99-177, as amended by Pub. L. 100-119,
title II, 211, Sept. 29, 1987, 101 Stat. 787, provided that:
''Sections 301(i), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of
the Congressional Budget Act of 1974 (sections 632(i), 633(c), 633( f),
635(b), 641(d), 641(g), and 642(a) of this title) may be waived or
suspended in the Senate only by the affirmative vote of three-fifths of
the Members, duly chosen and sworn. This subsection shall not apply to
any joint resolution reported or discharged pursuant to section 254(a)
of this joint resolution (section 904(a) of this title).''
(For effective and termination dates of section 271(b) of Pub. L.
99-177, see section 275(a)(1), (b) of Pub. L. 99-177, as amended, set
out as a note above.)
Section 271(c) of Pub. L. 99-177, as added by Pub. L. 100-119,
title II, 210(a), Sept. 29, 1987, 101 Stat. 787, provided that: ''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 section
301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the
Congressional Budget Act of 1974 (sections 632(i), 633(c), 633(f), 635(
b), 637, 641(d), 641(g), or 642(a) of this title).''
(For effective date of section 271(c) of Pub. L. 99-177, see section
275(a)(1) of Pub. L. 99-177, as amended, set out as a note above.)
Section 13305 of title XIII of Pub. L. 101-508 provided that:
''This title and the amendments made by it (see Short Title of 1990
Amendment note above) are enacted by the Congress --
''(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they shall be
considered as a part of the rules of each House, respectively, or of
that House to which they specifically apply, and such rules shall
supersede other rules only to the extent that they are inconsistent
therewith; and
''(2) with full recognition of the constitutional right of either
House to change such rules (so far as relating to such House) at any
time, in the same manner, and to the same extent as in the case of any
other rule of such House.''
Section 213 of Pub. L. 100-119 provided that: ''This Act and the
amendments made by this Act (enacting sections 908 and 909 of this
title, amending sections 622, 632, 635, 636, 642, 683, 684, 687, 901 to
907, and 922 of this title and sections 1105 and 3101 of Title 31, Money
and Finance, enacting provisions set out as notes under sections 602,
621, 686, and 901 of this title and section 1395ww of Title 42, The
Public Health and Welfare, amending provisions set out as notes under
section 901 of this title and sections 1320b-8 and 1395ww of Title 42,
and repealing provisions set out as a note under section 653 of this
title), other than those relating to the activities of the executive and
judicial branches of the Government, are enacted by Congress --
''(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they shall be
considered as part of the rules of each House, respectively, or of that
House to which they specifically apply, and such rules shall supersede
other rules only to the extent that they are inconsistent therewith;
and
''(2) with full recognition of the constitutional right of either
House to change such rules (so far as relating to such House) at any
time, in the same manner and to the same extent as in the case of any
other rule of such House.''
Section 271(d), formerly section 271(c), of Pub. L. 99-177, as
redesignated by Pub. L. 100-119, title II, 210(a), Sept. 29, 1987, 101
Stat. 787, provided that: ''The provisions of this title (see Short
Title note above), other than those relating to the activities of the
executive and judicial branches of the Government, are enacted by the
Congress --
''(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they shall be
considered as part of the rules of each House, respectively, or of that
House to which they specifically apply, and such rules shall supersede
other rules only to the extent that they are inconsistent therewith;
and
''(2) with full recognition of the constitutional right of either
House to change such rules (so far as relating to such House) at any
time, in the same manner and to the same extent as in the case of any
other rule of such House.''
Not Invested During Delays in Raising Public Debt
Limit
For provisions restoring various trust and retirement funds
administered by the Secretary of the Treasury to the position in which
they would have been if debt limit increases had been delayed, including
transferring amounts to the funds to compensate those funds for current
and prospective losses arising from premature redemption of some long
term securities when the debt limit was reached, see notes set out under
section 3101 of Title 31, Money and Finance.
1446; title 12 section 2250; title 22 section 3751;
title 31 section 1105; title 38 section 113; title
39 section 2009a; title 42 section 11303; title 48
section 1469a-1.
02 USC 901. Enforcing discretionary spending limits
TITLE 2 -- THE CONGRESS
(a) Fiscal years 1991-1995 enforcement
(1) Sequestration
Within 15 calendar days after Congress adjourns to end a session and
on the same day as a sequestration (if any) under section 902 of this
title and section 903 of this title, there shall be a sequestration to
eliminate a budget-year breach, if any, within any category.
(2) Eliminating a breach
Each non-exempt account within a category shall be reduced by a
dollar amount calculated by multiplying the baseline level of
sequestrable budgetary resources in that account at that time by the
uniform percentage necessary to eliminate a breach within that category;
except that the health programs set forth in section 906(e) of this
title shall not be reduced by more than 2 percent and the uniform
percent applicable to all other programs under this paragraph shall be
increased (if necessary) to a level sufficient to eliminate that breach.
If, within a category, the discretionary spending limits for both new
budget authority and outlays are breached, the uniform percentage shall
be calculated by --
(A) first, calculating the uniform percentage necessary to eliminate
the breach in new budget authority, and
(B) second, if any breach in outlays remains, increasing the uniform
percentage to a level sufficient to eliminate that breach.
(3) Military personnel
If the President uses the authority to exempt any military personnel
from sequestration under section 905(h) of this title, each account
within subfunctional category 051 (other than those military personnel
accounts for which the authority provided under section 905(h) of this
title has been exercised) shall be further reduced by a dollar amount
calculated by multiplying the enacted level of non-exempt budgetary
resources in that account at that time by the uniform percentage
necessary to offset the total dollar amount by which outlays are not
reduced in military personnel accounts by reason of the use of such
authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1), there is in effect an Act
making or continuing appropriations for part of a fiscal year for any
budget account, then the dollar sequestration calculated for that
account under paragraphs (2) and (3) shall be subtracted from --
(A) the annualized amount otherwise available by law in that account
under that or a subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is enacted, from
the amount otherwise provided by the full-year appropriation.
(5) Look-back
If, after June 30, an appropriation for the fiscal year in progress
is enacted that causes a breach within a category for that year (after
taking into account any sequestration of amounts within that category),
the discretionary spending limits for that category for the next fiscal
year shall be reduced by the amount or amounts of that breach.
(6) Within-session sequestration
If an appropriation for a fiscal year in progress is enacted (after
Congress adjourns to end the session for that budget year and before
July 1 of that fiscal year) that causes a breach within a category for
that year (after taking into account any prior sequestration of amounts
within that category), 15 days later there shall be a sequestration to
eliminate that breach within that category following the procedures set
forth in paragraphs (2) through (4).
(7) OMB estimates
As soon as practicable after Congress completes action on any
discretionary appropriation, CBO, after consultation with the Committees
on the Budget of the House of Representatives and the Senate, shall
provide OMB with an estimate of the amount of discretionary new budget
authority and outlays for the current year (if any) and the budget year
provided by that legislation. Within 5 calendar days after the
enactment of any discretionary appropriation, OMB shall transmit a
report to the House of Representatives and to the Senate containing the
CBO estimate of that legislation, an OMB estimate of the amount of
discretionary new budget authority and outlays for the current year (if
any) and the budget year provided by that legislation, and an
explanation of any difference between the two estimates. For purposes
of this paragraph, amounts provided by annual appropriations shall
include any new budget authority and outlays for those years in accounts
for which funding is provided in that legislation that result from
previously enacted legislation. Those OMB estimates shall be made using
current economic and technical assumptions. OMB shall use the OMB
estimates transmitted to the Congress under this paragraph for the
purposes of this subsection. OMB and CBO shall prepare estimates under
this paragraph in conformance with scorekeeping guidelines determined
after consultation among the House and Senate Committees on the Budget,
CBO, and OMB.
(b) Adjustments to discretionary spending limits
(1) When the President submits the budget under section 1105(a) of
title 31 for budget year 1992, 1993, 1994, or 1995 (except as otherwise
indicated), OMB shall calculate (in the order set forth below), and the
budget shall include, adjustments to discretionary spending limits (and
those limits as cumulatively adjusted) for the budget year and each
outyear through 1995 to reflect the following:
(A) Changes in concepts and definitions
The adjustments produced by the amendments made by title XIII of the
Omnibus Budget Reconciliation Act of 1990 or by any other changes in
concepts and definitions shall equal the baseline levels of new budget
authority and outlays using up-to-date concepts and definitions minus
those levels using the concepts and definitions in effect before such
changes. Such other changes in concepts and definitions may only be
made in consultation with the Committees on Appropriations, the Budget,
Government Operations, and Governmental Affairs of the House of
Representatives and Senate.
(B) Changes in inflation
(i) For a budget submitted for budget year 1992, 1993, 1994, or 1995,
the adjustments produced by changes in inflation shall equal the levels
of discretionary new budget authority and outlays in the baseline
(calculated using current estimates) subtracted from those levels in
that baseline recalculated with the baseline inflators for the budget
year only, multiplied by the inflation adjustment factor computed under
clause (ii).
(ii) For a budget year the inflation adjustment factor shall equal
the ratio between the level of year-over-year inflation measured for the
fiscal year most recently completed and the applicable estimated level
for that year set forth below:
For 1990, 1.041
For 1991, 1.052
For 1992, 1.041
For 1993, 1.033
Inflation shall be measured by the average of the estimated gross
national product implicit price deflator index for a fiscal year divided
by the average index for the prior fiscal year.
(C) Credit reestimates
For a budget submitted for fiscal year 1993 or 1994, the adjustments
produced by reestimates to costs of Federal credit programs shall be,
for any such program, a current estimate of new budget authority and
outlays associated with a baseline projection of the prior year's gross
loan level for that program minus the baseline projection of the prior
year's new budget authority and associated outlays for that program.
(2) When OMB submits a sequestration report under section 904(g) or
(h) of this title for fiscal year 1991, 1992, 1993, 1994, or 1995
(except as otherwise indicated), OMB shall calculate (in the order set
forth below), and the sequestration report, and subsequent budgets
submitted by the President under section 1105(a) of title 31, shall
include, adjustments to discretionary spending limits (and those limits
as adjusted) for the fiscal year and each succeeding year through 1995,
as follows:
(A) IRS funding
To the extent that appropriations are enacted that provide additional
new budget authority or result in additional outlays (as compared with
the CBO baseline constructed in June 1990) for the Internal Revenue
Service compliance initiative in any fiscal year, the adjustments for
that year shall be those amounts, but shall not exceed the amounts set
forth below --
(i) for fiscal year 1991, $191,000,000 in new budget authority and
$183,000,000 in outlays;
(ii) for fiscal year 1992, $172,000,000 in new budget authority and
$169,000,000 in outlays;
(iii) for fiscal year 1993, $183,000,000 in new budget authority and
$179,000,000 in outlays;
(iv) for fiscal year 1994, $187,000,000 in new budget authority and
$183,000,000 in outlays; and
(v) for fiscal year 1995, $188,000,000 in new budget authority and
$184,000,000 in outlays; and
the prior-year outlays resulting from these appropriations of budget
authority.
(B) Debt forgiveness
If, in calendar year 1990 or 1991, an appropriation is enacted that
forgives the Arab Republic of Egypt's foreign military sales
indebtedness to the United States and any part of the Government of
Poland's indebtedness to the United States, the adjustment shall be the
estimated costs (in new budget authority and outlays, in all years) of
that forgiveness.
(C) IMF funding
If, in fiscal year 1991, 1992, 1993, 1994, or 1995 an appropriation
is enacted to provide to the International Monetary Fund the dollar
equivalent, in terms of Special Drawing Rights, of the increase in the
United States quota as part of the International Monetary Fund Ninth
General Review of Quotas, the adjustment shall be the amount provided by
that appropriation.
(D) Emergency appropriations
(i) If, for fiscal year 1991, 1992, 1993, 1994, or 1995,
appropriations for discretionary accounts are enacted that the President
designates as emergency requirements and that the Congress so designates
in statute, the adjustment shall be the total of such appropriations in
discretionary accounts designated as emergency requirements and the
outlays flowing in all years from such appropriations.
(ii) The costs for operation Desert Shield are to be treated as
emergency funding requirements not subject to the defense spending
limits. Funding for Desert Shield will be provided through the normal
legislative process. Desert Shield costs should be accommodated through
Allied burden-sharing, subsequent appropriation Acts, and if the
President so chooses, through offsets within other defense accounts.
Emergency Desert Shield costs mean those incremental costs associated
with the increase in operations in the Middle East and do not include
costs that would be experienced by the Department of Defense as part of
its normal operations absent Operation Desert Shield.
(E) Special allowance for discretionary new budget authority
(i) For each of fiscal years 1992 and 1993, the adjustment for the
domestic category in each year shall be an amount equal to 0.1 percent
of the sum of the adjusted discretionary spending limits on new budget
authority for all categories for fiscal years 1991, 1992, and 1993
(cumulatively), together with outlays associated therewith (calculated
at the composite outlay rate for the domestic category);
(ii) for each of fiscal years 1992 and 1993, the adjustment for the
international category in each year shall be an amount equal to 0.079
percent of the sum of the adjusted discretionary spending limits on new
budget authority for all categories for fiscal years 1991, 1992, and
1993 (cumulatively), together with outlays associated therewith
(calculated at the composite outlay rate for the international
category); and
(iii) if, for fiscal years 1992 and 1993, the amount of new budget
authority provided in appropriation Acts exceeds the discretionary
spending limit on new budget authority for any category due to technical
estimates made by the Director of the Office of Management and Budget,
the adjustment is the amount of the excess, but not to exceed an amount
(for 1992 and 1993 together) equal to 0.042 percent of the sum of the
adjusted discretionary limits on new budget authority for all categories
for fiscal years 1991, 1992, and 1993 (cumulatively).
(F) Special outlay allowance
If in any fiscal year outlays for a category exceed the discretionary
spending limit for that category but new budget authority does not
exceed its limit for that category (after application of the first step
of a sequestration described in subsection (a)(2) of this section, if
necessary), the adjustment in outlays is the amount of the excess, but
not to exceed $2,500,000,000 in the defense category, $1,500,000,000 in
the international category, or $2,500,000,000 in the domestic category
(as applicable) in fiscal year 1991, 1992, or 1993, and not to exceed
$6,500,000,000 in fiscal year 1994 or 1995 less any of the outlay
adjustments made under subparagraph (E) for a category for a fiscal
year.
(Pub. L. 99-177, title II, 251, Dec. 12, 1985, 99 Stat. 1063; Pub.
L. 100-119, title I, 102(a), Sept. 29, 1987, 101 Stat. 754; Pub. L.
100-203, title VIII, 8003(f), Dec. 22, 1987, 101 Stat. 1330-282; Pub.
L. 101-508, title XIII, 13101(a), (e)(2), Nov. 5, 1990, 104 Stat.
1388-577, 1388-593.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
The Omnibus Budget Reconciliation Act of 1990, referred to in subsec.
(b)(1)(A), is Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388. Title
XIII of the Act is known as the Budget Enforcement Act of 1990. For
complete classification of title XIII to the Code, see Short Title of
1990 Amendment note set out under section 900 of this title and Tables.
Pub. L. 101-508, 13101(e)(2), redesignated former subsec. (a)(6)(I)
of this section as section 257(e) of Pub. L. 99-177, which is
classified to section 907(e) of this title.
1990 -- Pub. L. 101-508, 13101(a), amended section generally,
substituting subsecs. (a) and (b) relating to enforcement of
discretionary spending limits for former subsecs. (a) to (e) relating
to reporting of excess deficits.
Subsec. (a)(6)(I). Pub. L. 101-508, 13101(e)(2), redesignated subsec.
(a)(6)(I) of this section as section 907(e) of this title.
1987 -- Pub. L. 100-119 amended section generally, substituting
provisions consisting of subsecs. (a) to (e) relating to reports by
Director of CBO to Director of OMB and to Congress and by Director of
OMB to President and Congress for provisions consisting of subsecs. (a)
to (g) relating to joint reports by Directors of CBO and OMB to
Comptroller General and report by Comptroller General to President and
Congress.
Subsec. (a)(6)(B). Pub. L. 100-203, 8003(f), struck out ''and''
before ''contract authority'' and inserted provision whereby the
authority to provide insurance through the Federal Housing
Administration Fund be continued.
16 section 556c; title 38 section 113; title
39 section 2009a; title 42 section 5203; title 43
section 1474a.
02 USC 902. Enforcing pay-as-you-go
TITLE 2 -- THE CONGRESS
(a) Fiscal years 1992-1995 enforcement
The purpose of this section is to assure that any legislation
(enacted after November 5, 1990) affecting direct spending or receipts
that increases the deficit in any fiscal year covered by this Act will
trigger an offsetting sequestration.
(b) Sequestration; look-back
Within 15 calendar days after Congress adjourns to end a session
(other than of the One Hundred First Congress) and on the same day as a
sequestration (if any) under section 901 of this title and section 903
of this title, there shall be a sequestration to offset the amount of
any net deficit increase in that fiscal year and the prior fiscal year
caused by all direct spending and receipts legislation enacted after
November 5, 1990 (after adjusting for any prior sequestration as
provided by paragraph (2)). OMB shall calculate the amount of deficit
increase, if any, in those fiscal years by adding --
(1) all applicable estimates of direct spending and receipts
legislation transmitted under subsection (d) of this section applicable
to those fiscal years, other than any amounts included in such estimates
resulting from --
(A) full funding of, and continuation of, the deposit insurance
guarantee commitment in effect on November 5, 1990, and
(B) emergency provisions as designated under subsection (e) of this
section; and
(2) the estimated amount of savings in direct spending programs
applicable to those fiscal years resulting from the prior year's
sequestration under this section or section 903 of this title, if any
(except for any amounts sequestered as a result of a net deficit
increase in the fiscal year immediately preceding the prior fiscal
year), as published in OMB's end-of-session sequestration report for
that prior year.
(c) Eliminating a deficit increase
(1) The amount required to be sequestered in a fiscal year under
subsection (b) of this section shall be obtained from non-exempt direct
spending accounts from actions taken in the following order:
(A) First
All reductions in automatic spending increases specified in section
906(a) of this title shall be made.
(B) Second
If additional reductions in direct spending accounts are required to
be made, the maximum reductions permissible under sections 906(b) of
this title (guaranteed student loans) and 906(c) of this title (foster
care and adoption assistance) shall be made.
(C) Third
(i) If additional reductions in direct spending accounts are required
to be made, each remaining non-exempt direct spending account shall be
reduced by the uniform percentage necessary to make the reductions in
direct spending required by paragraph (1); except that the medicare
programs specified in section 906(d) of this title shall not be reduced
by more than 4 percent and the uniform percentage applicable to all
other direct spending programs under this paragraph shall be increased
(if necessary) to a level sufficient to achieve the required reduction
in direct spending.
(ii) For purposes of determining reductions under clause (i), outlay
reductions (as a result of sequestration of Commodity Credit Corporation
commodity price support contracts in the fiscal year of a sequestration)
that would occur in the following fiscal year shall be credited as
outlay reductions in the fiscal year of the sequestration.
(2) For purposes of this subsection, accounts shall be assumed to be
at the level in the baseline.
(d) OMB estimates
As soon as practicable after Congress completes action on any direct
spending or receipts legislation enacted after November 5, 1990, after
consultation with the Committees on the Budget of the House of
Representatives and the Senate, CBO shall provide OMB with an estimate
of the amount of change in outlays or receipts, as the case may be, in
each fiscal year through fiscal year 1995 resulting from that
legislation. Within 5 calendar days after the enactment of any direct
spending or receipts legislation enacted after November 5, 1990, OMB
shall transmit a report to the House of Representatives and to the
Senate containing such CBO estimate of that legislation, an OMB estimate
of the amount of change in outlays or receipts, as the case may be, in
each fiscal year through fiscal year 1995 resulting from that
legislation, and an explanation of any difference between the two
estimates. Those OMB estimates shall be made using current economic and
technical assumptions. OMB and CBO shall prepare estimates under this
paragraph in conformance with scorekeeping guidelines determined after
consultation among the House and Senate Committees on the Budget, CBO,
and OMB.
(e) Emergency legislation
If, for fiscal year 1991, 1992, 1993, 1994, or 1995, a provision of
direct spending or receipts legislation is enacted that the President
designates as an emergency requirement and that the Congress so
designates in statute, the amounts of new budget authority, outlays, and
receipts in all fiscal years through 1995 resulting from that provision
shall be designated as an emergency requirement in the reports required
under subsection (d) of this section.
(Pub. L. 99-177, title II, 252, Dec. 12, 1985, 99 Stat. 1072; Pub.
L. 100-119, title I, 102(a), Sept. 29, 1987, 101 Stat. 764; Pub. L.
100-203, title VIII, 8003(e), Dec. 22, 1987, 101 Stat. 1330-282; Pub.
L. 101-508, title XIII, 13101(a), Nov. 5, 1990, 104 Stat. 1388-581.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
This Act, referred to in subsec. (a), means Pub. L. 99-177, Dec.
12, 1985, 99 Stat. 1037, as amended, which enacted this chapter and
sections 654 to 656 of this title, amended sections 602, 622, 631 to
642, and 651 to 653 of this title, sections 1104 to 1106, 1109, and 3101
of Title 31, Money and Finance, and section 911 of Title 42, The Public
Health and Welfare, repealed section 661 of this title, enacted
provisions set out as notes under section 900 of this title and section
911 of Title 42, and amended provisions set out as a note under section
621 of this title. For complete classification of this Act to the Code,
see Tables.
November 5, 1990, referred to in subsecs. (a), (b), and (d), was in
the original ''the date of enactment of this section'', which was
translated as meaning the date of enactment of Pub. L. 101-508, which
amended this section generally, to reflect the probable intent of
Congress.
1990 -- Pub. L. 101-508 amended section generally, substituting
subsecs. (a) to (e) relating to enforcement of pay-as-you-go for former
subsecs. (a) to (g) relating to Presidential order.
1987 -- Pub. L. 100-119 amended section generally to reflect
substitution of Director of OMB for Comptroller General as official
submitting reports under section 901 of this title and to revise
provisions relating to content of Presidential orders issued in
accordance with those reports.
Subsec. (c)(2)(F)(ii). Pub. L. 100-203, 8003(e), substituted
''proposed'' for ''made''.
7 section 1446; title 16 sections 3834, 3837d,
3839c; title 31 section 1341; title 39 section
2009a.
02 USC 903. Enforcing deficit targets
TITLE 2 -- THE CONGRESS
(a) Sequestration
Within 15 calendar days after Congress adjourns to end a session
(other than of the One Hundred First Congress) and on the same day as a
sequestration (if any) under section 901 of this title and section 902
of this title, but after any sequestration required by section 901 of
this title (enforcing discretionary spending limits) or section 902 of
this title (enforcing pay-as-you-go), there shall be a sequestration to
eliminate the excess deficit (if any remains) if it exceeds the margin.
(b) Excess deficit; margin
The excess deficit is, if greater than zero, the estimated deficit
for the budget year, minus --
(1) the maximum deficit amount for that year;
(2) the amounts for that year designated as emergency direct spending
or receipts legislation under section 902(e) of this title; and
(3) for any fiscal year in which there is not a full adjustment for
technical and economic reestimates, the deposit insurance reestimate for
that year, if any, calculated under subsection (h) of this section.
The ''margin'' for fiscal year 1992 or 1993 is zero and for fiscal
year 1994 or 1995 is $15,000,000,000.
(c) Dividing sequestration
To eliminate the excess deficit in a budget year, half of the
required outlay reductions shall be obtained from non-exempt defense
accounts (accounts designated as function 050 in the President's fiscal
year 1991 budget submission) and half from non-exempt, non-defense
accounts (all other non-exempt accounts).
(d) Defense
Each non-exempt defense account shall be reduced by a dollar amount
calculated by multiplying the level of sequestrable budgetary resources
in that account at that time by the uniform percentage necessary to
carry out subsection (c) of this section, except that, if any military
personnel are exempt, adjustments shall be made under the procedure set
forth in section 901(a)(3) of this title.
(e) Non-defense
Actions to reduce non-defense accounts shall be taken in the
following order:
(1) First
All reductions in automatic spending increases under section 906(a)
of this title shall be made.
(2) Second
If additional reductions in non-defense accounts are required to be
made, the maximum reduction permissible under sections 906(b) of this
title (guaranteed student loans) and 906(c) of this title (foster care
and adoption assistance) shall be made.
(3) Third
(A) If additional reductions in non-defense accounts are required to
be made, each remaining non-exempt, non-defense account shall be reduced
by the uniform percentage necessary to make the reductions in
non-defense outlays required by subsection (c) of this section, except
that --
(i) the medicare program specified in section 906(d) of this title
shall not be reduced by more than 2 percent in total including any
reduction of less than 2 percent made under section 902 of this title
or, if it has been reduced by 2 percent or more under section 902 of
this title, it may not be further reduced under this section; and
(ii) the health programs set forth in section 906(e) of this title
shall not be reduced by more than 2 percent in total (including any
reduction made under section 901 of this title),
and the uniform percent applicable to all other programs under this
subsection shall be increased (if necessary) to a level sufficient to
achieve the required reduction in non-defense outlays.
(B) For purposes of determining reductions under subparagraph (A),
outlay reduction (as a result of sequestration of Commodity Credit
Corporation commodity price support contracts in the fiscal year of a
sequestration) that would occur in the following fiscal year shall be
credited as outlay reductions in the fiscal year of the sequestration.
(f) Baseline assumptions; part-year appropriations
(1) Budget assumptions
For purposes of subsections (b), (c), (d), and (e) of this section,
accounts shall be assumed to be at the level in the baseline minus any
reductions required to be made under sections 901 and 902 of this title.
(2) Part-year appropriations
If, on the date specified in subsection (a) of this section, there is
in effect an Act making or continuing appropriations for part of a
fiscal year for any non-exempt budget account, then the dollar
sequestration calculated for that account under subsection (d) or (e) of
this section, as applicable, shall be subtracted from --
(A) the annualized amount otherwise available by law in that account
under that or a subsequent part-year appropriation; and
(B) when a full-year appropriation for that account is enacted, from
the amount otherwise provided by the full-year appropriation; except
that the amount to be sequestered from that account shall be reduced
(but not below zero) by the savings achieved by that appropriation when
the enacted amount is less than the baseline for that account.
(g) Adjustments to maximum deficit amounts
(1) Adjustments
(A) When the President submits the budget for fiscal year 1992, the
maximum deficit amounts for fiscal years 1992, 1993, 1994, and 1995
shall be adjusted to reflect up-to-date reestimates of economic and
technical assumptions and any changes in concepts or definitions. When
the President submits the budget for fiscal year 1993, the maximum
deficit amounts for fiscal years 1993, 1994, and 1995 shall be further
adjusted to reflect up-to-date reestimates of economic and technical
assumptions and any changes in concepts or definitions.
(B) When submitting the budget for fiscal year 1994, the President
may choose to adjust the maximum deficit amounts for fiscal years 1994
and 1995 to reflect up-to-date reestimates of economic and technical
assumptions. If the President chooses to adjust the maximum deficit
amount when submitting the fiscal year 1994 budget, the President may
choose to invoke the same adjustment procedure when submitting the
budget for fiscal year 1995. In each case, the President must choose
between making no adjustment or the full adjustment described in
paragraph (2). If the President chooses to make that full adjustment,
then those procedures for adjusting discretionary spending limits
described in sections 901(b)(1)(C) and 901(b)(2)(E) of this title,
otherwise applicable through fiscal year 1993 or 1994 (as the case may
be), shall be deemed to apply for fiscal year 1994 (and 1995 if
applicable).
(C) When the budget for fiscal year 1994 or 1995 is submitted and the
sequestration reports for those years under section 904 of this title
are made (as applicable), if the President does not choose to make the
adjustments set forth in subparagraph (B), the maximum deficit amount
for that fiscal year shall be adjusted by the amount of the adjustment
to discretionary spending limits first applicable for that year (if any)
under section 901(b) of this title.
(D) For each fiscal year the adjustments required to be made with the
submission of the President's budget for that year shall also be made
when OMB submits the sequestration update report and the final
sequestration report for that year, but OMB shall continue to use the
economic and technical assumptions in the President's budget for that
year.
Each adjustment shall be made by increasing or decreasing the maximum
deficit amounts set forth in section 665 of this title.
(2) Calculations of adjustments
The required increase or decrease shall be calculated as follows:
(A) The baseline deficit or surplus shall be calculated using
up-to-date economic and technical assumptions, using up-to-date concepts
and definitions, and, in lieu of the baseline levels of discretionary
appropriations, using the discretionary spending limits set forth in
section 665 of this title as adjusted under section 901 of this title.
(B) The net deficit increase or decrease caused by all direct
spending and receipts legislation enacted after November 5, 1990 (after
adjusting for any sequestration of direct spending accounts) shall be
calculated for each fiscal year by adding --
(i) the estimates of direct spending and receipts legislation
transmitted under section 902(d) of this title applicable to each such
fiscal year; and
(ii) the estimated amount of savings in direct spending programs
applicable to each such fiscal year resulting from the prior year's
sequestration under this section or section 902 of this title of direct
spending, if any, as contained in OMB's final sequestration report for
that year.
(C) The amount calculated under subparagraph (B) shall be subtracted
from the amount calculated under subparagraph (A).
(D) The maximum deficit amount set forth in section 665 of this title
shall be subtracted from the amount calculated under subparagraph (C).
(E) The amount calculated under subparagraph (D) shall be the amount
of the adjustment required by paragraph (1).
(h) Treatment of deposit insurance
(1) Initial estimates
The initial estimates of the net costs of federal deposit insurance
for fiscal year 1994 and fiscal year 1995 (assuming full funding of, and
continuation of, the deposit insurance guarantee commitment in effect on
the date of the submission of the budget for fiscal year 1993) shall be
set forth in that budget.
(2) Reestimates
For fiscal year 1994 and fiscal year 1995, the amount of the
reestimate of deposit insurance costs shall be calculated by subtracting
the amount set forth under paragraph (1) for that year from the current
estimate of deposit insurance costs (but assuming full funding of, and
continuation of, the deposit insurance guarantee commitment in effect on
the date of submission of the budget for fiscal year 1993).
(Pub. L. 99-177, title II, 253, Dec. 12, 1985, 99 Stat. 1078; Pub.
L. 100-119, title I, 103, Sept. 29, 1987, 101 Stat. 775; Pub. L.
101-508, title XIII, 13101(a), Nov. 5, 1990, 104 Stat. 1388-583.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
November 5, 1990, referred to in subsec. (g)(2)(B), was in the
original ''the date of enactment of this section'', which was translated
as meaning the date of enactment of Pub. L. 101-508, which amended this
section generally, to reflect the probable intent of Congress.
1990 -- Pub. L. 101-508 amended section generally, substituting
provisions relating to enforcement of deficit targets for provisions
relating to compliance report by Comptroller General.
1987 -- Pub. L. 100-119 amended section generally, designating
existing provisions as par. (1), substituting ''(or December 15, 1987,
in the case of the fiscal year 1988)'' for ''(or on or before April 1,
1986, in the case of the fiscal year 1986)'', and adding pars. (2) and
(3).
02 USC 904. Reports and orders
TITLE 2 -- THE CONGRESS
(a) Timetable
The timetable with respect to this subchapter for any budget year is
as follows:
(b) Submission and availability of reports
Each report required by this section shall be submitted, in the case
of CBO, to the House of Representatives, the Senate and OMB and, in the
case of OMB, to the House of Representatives, the Senate, and the
President on the day it is issued. On the following day a notice of the
report shall be printed in the Federal Register.
(c) Optional adjustment of maximum deficit amounts
With respect to budget year 1994 or 1995, on the date specified in
subsection (a) of this section the President shall notify the House of
Representatives and the Senate of his decision regarding the optional
adjustment of the maximum deficit amount (as allowed under section 903(
g)(1)(B) of this title).
(d) Sequestration preview reports
(1) Reporting requirement
On the dates specified in subsection (a) of this section, OMB and CBO
shall issue a preview report regarding discretionary, pay-as-you-go, and
deficit sequestration based on laws enacted through those dates.
(2) Discretionary sequestration report
The preview reports shall set forth estimates for the current year
and each subsequent year through 1995 of the applicable discretionary
spending limits for each category and an explanation of any adjustments
in such limits under section 901 of this title.
(3) Pay-as-you-go sequestration reports
The preview reports shall set forth, for the current year and the
budget year, estimates for each of the following:
(A) The amount of net deficit increase or decrease, if any,
calculated under subsection 902(b) of this title.
(B) A list identifying each law enacted and sequestration implemented
after November 5, 1990, included in the calculation of the amount of
deficit increase or decrease and specifying the budgetary effect of each
such law.
(C) The sequestration percentage or (if the required sequestration
percentage is greater than the maximum allowable percentage for
medicare) percentages necessary to eliminate a deficit increase under
section 902(c) of this title.
(4) Deficit sequestration reports
The preview reports shall set forth for the budget year estimates for
each of the following:
(A) The maximum deficit amount, the estimated deficit calculated
under section 903(b) of this title, the excess deficit, and the margin.
(B) The amount of reductions required under section 902 of this
title, the excess deficit remaining after those reductions have been
made, and the amount of reductions required from defense accounts and
the reductions required from non-defense accounts.
(C) The sequestration percentage necessary to achieve the required
reduction in defense accounts under section 903(d) of this title.
(D) The reductions required under sections 903(e)(1) and 903(e)(2) of
this title.
(E) The sequestration percentage necessary to achieve the required
reduction in non-defense accounts under section 903(e)(3) of this title.
The CBO report need not set forth the items other than the maximum
deficit amount for fiscal year 1992, 1993, or any fiscal year for which
the President notifies the House of Representatives and the Senate that
he will adjust the maximum deficit amount under the option under section
903(g)(1)(B) of this title.
(5) Explanation of differences
The OMB reports shall explain the differences between OMB and CBO
estimates for each item set forth in this subsection.
(e) Notification regarding military personnel
On or before the date specified in subsection (a) of this section,
the President shall notify the Congress of the manner in which he
intends to exercise flexibility with respect to military personnel
accounts under section 905(h) of this title.
(f) Sequestration update reports
On the dates specified in subsection (a) of this section, OMB and CBO
shall issue a sequestration update report, reflecting laws enacted
through those dates, containing all of the information required in the
sequestration preview reports.
(g) Final sequestration reports
(1) Reporting requirement
On the dates specified in subsection (a) of this section, OMB and CBO
shall issue a final sequestration report, updated to reflect laws
enacted through those dates.
(2) Discretionary sequestration reports
The final reports shall set forth estimates for each of the
following:
(A) For the current year and each subsequent year through 1995 the
applicable discretionary spending limits for each category and an
explanation of any adjustments in such limits under section 901 of this
title.
(B) For the current year and the budget year the estimated new budget
authority and outlays for each category and the breach, if any, in each
category.
(C) For each category for which a sequestration is required, the
sequestration percentages necessary to achieve the required reduction.
(D) For the budget year, for each account to be sequestered,
estimates of the baseline level of sequestrable budgetary resources and
resulting outlays and the amount of budgetary resources to be
sequestered and resulting outlay reductions.
(3) Pay-as-you-go and deficit sequestration reports
The final reports shall contain all the information required in the
pay-as-you-go and deficit sequestration preview reports. In addition,
these reports shall contain, for the budget year, for each account to be
sequestered, estimates of the baseline level of sequestrable budgetary
resources and resulting outlays and the amount of budgetary resources to
be sequestered and resulting outlay reductions. The reports shall also
contain estimates of the effects on outlays of the sequestration in each
outyear through 1995 for direct spending programs.
(4) Explanation of differences
The OMB report shall explain any differences between OMB and CBO
estimates of the amount of any net deficit change calculated under
subsection /1/ 902(b) of this title, any excess deficit, any breach, and
any required sequestration percentage. The OMB report shall also
explain differences in the amount of sequesterable resources for any
budget account to be reduced if such difference is greater than
$5,000,000.
(5) Presidential order
On the date specified in subsection (a) of this section, if in its
final sequestration report OMB estimates that any sequestration is
required, the President shall issue an order fully implementing without
change all sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
(h) Within-session sequestration reports and order
If an appropriation for a fiscal year in progress is enacted (after
Congress adjourns to end the session for that budget year and before
July 1 of that fiscal year) that causes a breach, 10 days later CBO
shall issue a report containing the information required in paragraph
(g)(2). Fifteen days after enactment, OMB shall issue a report
containing the information required in paragraphs (g)(2) and (g)(4). On
the same day as the OMB report, the President shall issue an order fully
implementing without change all sequestrations required by the OMB
calculations set forth in that report. This order shall be effective on
issuance.
(i) GAO compliance report
On the date specified in subsection (a) of this section, the
Comptroller General shall submit to the Congress and the President a
report on --
(1) the extent to which each order issued by the President under this
section complies with all of the requirements contained in this
subchapter, either certifying that the order fully and accurately
complies with such requirements or indicating the respects in which it
does not; and
(2) the extent to which each report issued by OMB or CBO under this
section complies with all of the requirements contained in this
subchapter, either certifying that the report fully and accurately
complies with such requirements or indicating the respects in which it
does not.
(j) Low-growth report
At any time, CBO shall notify the Congress if --
(1) during the period consisting of the quarter during which such
notification is given, the quarter preceding such notification, and the
4 quarters following such notification, CBO or OMB has determined that
real economic growth is projected or estimated to be less than zero with
respect to each of any 2 consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's advance
preliminary or final reports of actual real economic growth indicate
that the rate of real economic growth for each of the most recently
reported quarter and the immediately preceding quarter is less than one
percent.
(k) Economic and technical assumptions
In all reports required by this section, OMB 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.
(Pub. L. 99-177, title II, 254, Dec. 12, 1985, 99 Stat. 1078; Pub.
L. 100-119, title I, 102(b)(1), 106(e)(2), Sept. 29, 1987, 101 Stat.
773, 781; Pub. L. 101-508, title XIII, 13101(a), Nov. 5, 1990, 104
Stat. 1388-586.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
November 5, 1990, referred to in subsec. (d)(3)(B), was in the
original ''the date of enactment of this section'', which was translated
as meaning the date of enactment of Pub. L. 101-508, which amended this
section generally, to reflect the probable intent of Congress.
1990 -- Pub. L. 101-508 amended section generally, substituting
provisions setting out timetable and requisite content of reports and
orders developed as part of sequestration process for former provisions
relating to special Congressional procedures in the event of recession,
Congressional responses to Presidential orders, and treatment of certain
resolutions as reconciliation bills.
1987 -- Subsec. (b)(1)(A). Pub. L. 100-119, 102(b)(1), substituted
''the Director of OMB'' for ''the Comptroller General''.
Subsec. (b)(1)(E). Pub. L. 100-119, 106(e)(2), inserted provisions
relating to maximum deficit amount for fiscal year 1988 or 1989.
1991 -- Pub. L. 102-27, title IV, 401(b), Apr. 10, 1991, 105 Stat.
154, provided that: ''Upon the enactment of this Act (Apr. 10, 1991),
the order issued by the President on November 9, 1990 (set out below),
pursuant to sections 251 and 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, (2 U.S.C. 901, 904) is hereby
rescinded. Any action taken to implement this order shall be reversed,
and any sequestrable resource that has been reduced or sequestered by
such order is hereby restored, revived, or released and shall be
available to the same extent and for the same purpose as if the order
had not been issued.''
Section 13401 of Pub. L. 101-508 provided that:
''(a) Order Rescinded. -- Upon the enactment of this Act (Nov. 5,
1990), the orders issued by the President on August 25, 1990, and
October 15, 1990 (set out below), pursuant to section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
902) are hereby rescinded.
''(b) Amounts Restored. -- Any action taken to implement the orders
referred to in subsection (a) shall be reversed, and any sequestrable
resource that has been reduced or sequestered by such orders is hereby
restored, revived, or released and shall be available to the same extent
and for the same purpose as if the orders had not been issued.
''(c) Furloughed Employees. -- (1) Federal employees furloughed as a
result of the lapse in appropriations from midnight October 5, 1990,
until the enactment of House Joint Resolution 666 (Pub. L. 101-412,
which was approved Oct. 9, 1990) shall be compensated at their standard
rate of compensation for the period during which there was a lapse in
appropriations.
''(2) All obligations incurred in anticipation of the appropriations
made and authority granted by House Joint Resolution 666 for the
purposes of maintaining the essential level of activity to protect life
and property and bringing about orderly termination of government
functions are hereby ratified and approved if otherwise in accord with
the provisions of that Act (Pub. L. 101-412, Oct. 9, 1990, 104 Stat.
894).''
Pub. L. 101-467, 105, Oct. 28, 1990, 104 Stat. 1087, provided that:
''(a) Any order on sequestration for fiscal year 1991 issued before,
on, or after the date of enactment of this joint resolution (Oct. 28,
1990) pursuant to section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902) is suspended and no action
shall be taken to implement any such order.
''(b) Subsection (a) shall cease to be effective on the date set
forth in section 101(b)(B) (Nov. 5, 1990).''
Pub. L. 101-461, 113, Oct. 25, 1990, 104 Stat. 1078, provided that:
''(a) Any order on sequestration for fiscal year 1991 issued before,
on, or after the date of enactment of this joint resolution (Oct. 25,
1990) pursuant to section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902) is suspended and no action
shall be taken to implement any such order.
''(b) Subsection (a) shall cease to be effective on the date set
forth in section 108(c) (Oct. 27, 1990).''
Pub. L. 101-444, 113, Oct. 19, 1990, 104 Stat. 1033, provided that:
''(a) Any order on sequestration for fiscal year 1991 issued before,
on, or after the date of enactment of this joint resolution (Oct. 19,
1990) pursuant to section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902) is suspended and no action
shall be taken to implement any such order.
''(b) Subsection (a) shall cease to be effective on the date set
forth in section 108(c) (Oct. 24, 1990).''
Pub. L. 101-412, 113, Oct. 9, 1990, 104 Stat. 897, provided that:
''(a) Any order on sequestration for fiscal year 1991 issued before,
on, or after the date of enactment of this joint resolution (Oct. 9,
1990) pursuant to section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902) is suspended and no action
shall be taken to implement any such order.
''(b) Subsection (a) shall cease to be effective on the date set
forth in section 108(c) (Oct. 19, 1990).''
Pub. L. 101-403, title I, 113, Oct. 1, 1990, 104 Stat. 870,
provided that:
''(a) Any order on sequestration for fiscal year 1991 issued before,
on, or after the date of enactment of this joint resolution (Oct. 1,
1990) pursuant to section 252 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 902) is suspended and no action
shall be taken to implement any such order.
''(b) Subsection (a) shall cease to be effective on the date set
forth in section 108(c) (Oct. 5, 1990).''
Final Order of the President of the United States, Nov. 9, 1990, 26
Weekly Compilation of Presidential Documents 1797, Nov. 12, 1990,
provided:
By the authority vested in me as President by the statutes of the
United States of America, including section 254 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177) (2 U.S.C.
904), as amended by the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119) and Title XIII of the
Omnibus Reconciliation Act of 1990 (Public Law 101-508) (hereafter
referred to as ''the Act''), I hereby order that the following actions
be taken immediately to implement the sequestrations and reductions
determined by the Director of the Office of Management and Budget as set
forth in his report dated November 9, 1990, under sections 251 and 254
of the Act (2 U.S.C. 901, 904):
(1) Budgetary resources for each non-exempt account within the
international category of discretionary spending shall be reduced as
specified by the Director of the Office of Management and Budget in his
report of November 9, 1990.
(2) Pursuant to sections 250(c)(6) and 251 (2 U.S.C. 900(c)(6), 901),
budgetary resources subject to sequestration shall be new budget
authority; new loan guarantee commitments or limitations; new direct
loan obligations, commitments, or limitations; and obligation
limitations.
(3) For accounts making commitments for guaranteed loans as
authorized by substantive law, the head of each Department or agency is
directed to reduce the level of such commitments or obligations to the
extent necessary to conform to the limitations established by the Act
(Pub. L. 99-177, title II, see Short Title note set out under 2 U.S.C.
901) and specified by the Director of the Office of Management and
Budget in his report of November 9, 1990.
All sequestrations shall be made in strict accordance with the
specifications of the November 9th report of the Director of the Office
of Management and Budget and the requirements of sections 251 and 254.
George Bush.
Final Order of the President of the United States, Oct. 15, 1990, 55
F.R. 41977, provided:
By the authority vested in me as President by the statutes of the
United States of America, including section 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177) (2 U.S.C.
902), as amended by the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119) (hereafter referred to as
''the Act''), I hereby order that the following actions shall be taken
to implement the sequestrations and reductions determined by the
Director of the Office of Management and Budget as set forth in his
report dated October 15, 1990, under section 251 of the Act (2 U.S.C.
901):
(1) Each automatic spending increase that would, but for the
provisions of the Act, take effect during fiscal year 1991 is
permanently sequestered or reduced as provided in section 252.
(2) The following are sequestered as provided in section 252: new
budget authority; unobligated balances; new loan guarantee commitments
or limitations; new direct loan obligations, commitments, or
limitations; spending authority as defined in section 401(c)(2) of the
Congressional Budget Act of 1974, as amended (2 U.S.C. 651(c)(2)); and
obligation limitations.
(3) For accounts making payments otherwise required by substantive
law, the head of each Department or agency is directed to modify the
calculation of each such payment to the extent necessary to reduce the
estimate of total required payments for the fiscal year by the amount
specified by the Director of the Office of Management and Budget in his
report of October 15, 1990.
(4) For accounts making commitments for guaranteed loans as
authorized by substantive law, the head of each Department or agency is
directed to reduce the level of such commitments or obligations to the
extent necessary to conform to the limitations established by the Act
and specified by the Director of the Office of Management and Budget in
his report of October 15, 1990.
All reductions and sequestrations shall be made in strict accordance
with the specifications of the October 15th report of the Director of
the Office of Management and Budget and the requirements of section
252(b).
This order supersedes the Initial Order issued on August 25, 1990
(see above).
This order shall be published in the Federal Register.
George Bush.
Initial Order of the President of the United States, Aug. 25, 1990,
55 F.R. 35133, which provided emergency deficit control measures for
fiscal year 1991, was superseded by Final Order of the President, Oct.
15, 1990, 55 F.R. 41977, set out above.
1990 -- Pub. L. 101-239, title VI, 6001, Dec. 19, 1989, 103 Stat.
2139, provided that: ''Notwithstanding any other provision of law
(including section 11002 (set out below) or any other provision of this
Act, other than section 6201 (set out below)), the reductions in the
amount of payments required under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) made by the final sequester order issued by the
President on October 16, 1989 (set out below), pursuant to section
252(b) of the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 902(b)) shall continue to be effective (as provided by
sections 252(a)(4)(B) and 256(d)(2) of such Act (2 U.S.C. 902(a)(4)( B),
906(d)(2))) through December 31, 1989, with respect to payments for
items and services under part A of such title (42 U.S.C. 1395c et seq.)
(including payments under section 1886 of such title (42 U.S.C. 1395ww)
attributable or allocated to such part). Each such payment made for
items and services provided during fiscal year 1990 after such date
shall be increased by 1.42 percent above what it would otherwise be
under this Act.''
Pub. L. 101-239, title VI, 6101, Dec. 19, 1989, 103 Stat. 2168,
provided that: ''Notwithstanding any other provision of law (including
any other provision of this Act, other than section 6201 (set out
below)), the reductions in the amount of payments required under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) made by the
final sequester order issued by the President on October 16, 1989,
pursuant to section 252(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 902(b)) shall continue to be effective (as
provided by sections 252(a)(4)(B) and 256(d)(2) of such Act (2 U.S. C.
902(a)(4)(B), 906(d)(2))) through March 31, 1990, with respect to
payments for items and services under part B of such title (42 U.S.C.
1395j et seq.).''
Pub. L. 101-239, title VI, 6201, Dec. 19, 1989, 103 Stat. 2225,
provided that: ''Notwithstanding any other provision of law (including
section 11002 (set out below) or any other provision of this Act), the
reductions in the amount of payments required under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) made by the final sequester
order issued by the President on October 16, 1989 (set out below),
pursuant to section 252(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 902(b)) shall continue to be effective (as
provided by sections 252(a)(4)(B) and 256(d)(2) of such Act (2 U.S.C.
902(a)(4)(B), 906(d)(2))) through December 31, 1989, with respect to
payments under section 1833(a)(1)(A) or 1876 of the Social Security Act
(42 U.S.C. 1395l(a)(1)(A), 1395mm), section 402 of the Social Security
Amendments of 1967 (section 402 of Pub. L. 90-248, enacting 42 U.S.C.
1395b-1, and amending 42 U.S.C. 1395ll), or section 222 of the Social
Security Amendments of 1972 (section 222 of Pub. L. 92-603, amending 42
U.S.C. 1395b-1 and enacting provisions set out as a note under 42 U.S.C.
1395b-1). Each such payment made during fiscal year 1990 after such date
shall be increased by 1.42 percent above what it would otherwise be
under this Act.''
Pub. L. 101-239, title XI, 11002, Dec. 19, 1989, 103 Stat. 2490,
provided that:
''(a) Order Rescinded. -- (1) Upon the issuance of a new final order
by the President under subsection (b)(4) (set out below), the order
issued by the President on October 16, 1989 (set out below), pursuant to
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 902) is rescinded.
''(2) Except as otherwise provided in sections 6001, 6101, and 6201
(set out above), and subject to subsection (b), any action taken to
implement the order issued by the President on October 16, 1989, shall
be reversed, and any sequesterable budgetary resource that has been
reduced or sequestered by such order is restored, revived, or released
and shall be available to the same extent and for the same purposes as
if an order had not been issued.
''(3) For purposes of section(s) 702(d) and 1101(c) of the Ethics
Reform Act of 1989 (Pub. L. 101-194, 5 U.S.C. 5305 note, 2 U.S.C. 31-1
note), the order issued by the President on October 16, 1989, pursuant
to section 252 of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 902) is deemed to be rescinded on January 31, 1990.
''(b) Adjusted Reduction. --
''(1) Before the close of the fifteenth calendar day beginning after
the date of enactment of this Act (Dec. 19, 1989), the Director of OMB
shall issue a revised report using the exact budget baseline set forth
in the report of October 16, 1989 (set out below), and following the
requirements, specifications, definitions, and calculations required by
the Balanced Budget and Emergency Deficit Control Act of 1985 (Pub. L.
99-177, title II, see Short Title note set out under 2 U.S.C. 901) for
the final report issued under section 251(c)(2) (2 U.S.C. 901(c)(2)) for
fiscal year 1990, except that the aggregate outlay reduction to be
achieved shall be an amount equal to $16.1 billion multiplied by 130
divided by 365. Calculations made to carry out the preceding sentence
shall take into account the reductions and cancellations achieved by
paragraphs (2) and (3) and shall not be affected by subsection (d).
''(2) Notwithstanding any provision of law other than this paragraph,
the reductions and cancellations in the student loan programs described
in section 256(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 906(c)) achieved by the order issued by the
President on October 16, 1989, shall remain in effect through December
31, 1989, and no reductions or cancellations in such programs shall be
made by the order issued under paragraph (4).
''(3) Notwithstanding any provision of law other than this paragraph,
any automatic spending increase suspended or cancelled by the order
issued by the President on October 16, 1989, shall be paid at a rate
that is 130/365ths less than the rate that would have been paid under
the laws providing for such automatic spending increase.
''(4) On the date that the Director submits a revised report to the
President under paragraph (1) for fiscal year 1990, the President shall
issue a new final order to make all of the reductions and cancellations
specified in such report in conformity with section 252(a)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
902(a)(2)). Such order shall be deemed to have become effective on
October 16, 1989.
''(c) Compliance Report by Comptroller General. -- Before the close
of the thirtieth day beginning after the date the President issues a new
final order under subsection (b)(4), the Comptroller General shall
submit to the Congress and the President a compliance report setting
forth the information required under section 253 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 903) with respect to
such order.
''(d) No Double Reduction in Medicare. -- With respect to items and
services described in section 6001, 6101, or 6201 (set out above) for
periods for which reductions are made pursuant to the respective
sections, no reduction shall be made under subsection (b).''
New Final Order of the President of the United States, Dec. 27,
1989, 54 F.R. 53469, provided:
By the authority vested in me as President by the statutes of the
United States of America, including section 252 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177) (2 U.S.C.
902), as amended by the Balanced Budget and Emergency Deficit Control
Reaffirmation Act of 1987 (Public Law 100-119) (hereafter referred to as
''the Act''), and section 11002 of the Omnibus (Budget) Reconciliation
Act of 1989 (Public Law 101-239) (''OBRA'') (set out above), I hereby
order that the following actions be taken to implement the
sequestrations and reductions determined by the Director of the Office
of Management and Budget as set forth in his report dated December 27,
1989, under section 251 of the Act (2 U.S.C. 901) and section 11002 of
the OBRA:
(1) Each automatic spending increase that would, but for the
provisions of the Act, take effect during fiscal year 1990 is
permanently sequestered or reduced as provided in section 252 of the Act
and section 11002 of OBRA.
(2) The following are sequestered as provided in section 252 of the
Act and section 11002 of OBRA: new budget authority; unobligated
balances; new loan guarantee commitments or limitations; new direct
loan obligations, commitments, or limitations; spending authority as
defined in section 401(c)(2) of the Congressional Budget Act of 1974, as
amended (2 U.S.C. 651(c)(2)); and obligation limitations.
(3) For accounts making payments otherwise required by substantive
law, the head of each department or agency is directed to modify the
calculation of each such payment to the extent necessary to reduce the
estimate of total required payments for the fiscal year by the amount
specified by the Director of the Office of Management and Budget in his
report of December 27, 1989.
(4) For accounts making commitments for guaranteed loans or
obligations for direct loans as authorized by substantive law, the head
of each department or agency is directed to reduce the level of such
commitments or obligations to the extent necessary to conform to the
limitations established by the Act and by OBRA and specified by the
Director of the Office of Management and Budget in his report of
December 27, 1989.
All reductions and sequestrations shall be made in strict accordance
with the specifications of the December 27th report of the Director of
the Office of Management and Budget and the requirements of section
252(b) of the Act and section 11002 of OBRA.
This order shall be deemed to have become effective on October 16,
1989, as provided in section 11002 of OBRA.
This order shall be published (in the) Federal Register.
George Bush.
Final Order of the President of the United States, Oct. 16, 1989, 54
F.R. 42795, which provided emergency deficit control measures for fiscal
year 1990, was rescinded by section 11002(a) of Pub. L. 101-239, set
out above, upon issuance of New Final Order of the President of the
United States, Dec. 27, 1989, 54 F.R. 53469, set out above.
Initial Order of the President of the United States, Aug. 25, 1989,
54 F.R. 35627, which provided emergency deficit control measures for
fiscal year 1990, was superseded by Final Order of the President, Oct.
16, 1989, 54 F.R. 42795.
1989 -- Final Order of the President of the United States, Oct. 15,
1988, 53 F.R. 40696.
Initial Order of the President of the United States, Aug. 25, 1988,
53 F.R. 32881.
1988 -- Pub. L. 100-203, title IV, 4001, 4041(b), 4061, title VIII,
8002, Dec. 22, 1987, 101 Stat. 1330-42, 1330-84, 1330-100, 1330-281.
Pub. L. 100-202, 1, Dec. 22, 1987, 101 Stat. 1329.
Order of the President of the United States, Nov. 20, 1987, 52 F.R.
44960.
Order of the President of the United States, Oct. 20, 1987, 52 F.R.
39205.
1986 -- Pub. L. 99-366, July 31, 1986, 100 Stat. 773.
Pub. L. 99-349, title II, 202, July 2, 1986, 100 Stat. 748.
Pub. L. 99-255, Mar. 7, 1986, 100 Stat. 39, as amended by Pub. L.
99-322, 1, May 23, 1986, 100 Stat. 494.
Order of the President of the United States, Feb. 1, 1986, 51 F.R.
4291.
/1/ So in original. Probably should be ''section''.
02 USC 905. Exempt programs and activities
TITLE 2 -- THE CONGRESS
(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 Indemnity (36-0120-0-1-701);
Special Therapeutic and Rehabilitation Activities Fund
(36-4048-0-3-703);
Veterans' 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 (36-0137-0-1-702);
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);
Veterans' compensation (36-0153-0-1-701); and
Veterans' pensions (36-0154-0-1-701).
(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
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) Certain program bases
Outlays for programs specified in paragraph (1) of section 907 /1/ of
this title shall be subject to reduction only in accordance with the
procedures established in section 901(a)(3)(C) /1/ and 906(b) /1/ of
this title.
(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;
Administration of Territories, Northern Mariana Islands Covenant
grants (14-0412-0-1-806);
Thrift Savings Fund (26-8141-0-7-602);
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, miscellaneous payments to Indians
(14-2303-0-1-452);
Bureau of Indian Affairs miscellaneous trust funds, tribal trust
funds (14-9973-0-7-999);
Claims, defense (97-0102-0-1-051);
Claims, judgments, and relief acts (20-1895-0-1-806);
Coinage profit fund (20-5811-0-2-803);
Compensation of the President (11-0001-0-1-802);
Customs Service, miscellaneous permanent appropriations
(20-9922-0-2-852);
Comptroller of the Currency;
Director of the Office of Thrift Supervision;
Dual benefits payments account (60-0111-0-1-601);
Eastern Indian land claims settlement fund (14-2202-0-1-806);
Exchange stabilization fund (20-4444-0-3-155);
Farm Credit System Financial Assistance Corporation, interest
payments (20-1850-0-1-351);
Federal Deposit Insurance Corporation;
Federal Deposit Insurance Corporation, Bank Insurance Fund;
Federal Deposit Insurance Corporation, FSLIC Resolution Fund;
Federal Deposit Insurance Corporation, Savings Association Insurance
Fund;
Federal Housing Finance Board;
Federal payment to the railroad retirement account (60-0113-0-1-601);
Foreign military sales trust fund (11-8242-0-7-155);
Health professions graduate student loan insurance fund (Health
Education Assistance Loan Program) (75-4305-0-3-553);
Higher education facilities loans and insurance (91-0240-01-502);
Internal Revenue Collections for Puerto Rico (20-5737-0-2-852);
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, operating expenses (95-5190-0-2-403), and
Panama Canal Commission, capital outlay (95-5190-0-2-403);
Medical facilities guarantee and loan fund, Federal interest
subsidies for medical facilities (75-4430-03-551);
National Credit Union Administration;
National Credit Union Administration, central liquidity facility;
National Credit Union Administration, credit union share insurance
fund;
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);
Payments to copyright owners (03-5175-0-2-376);
Payments to health care trust funds (75-0580-0-1-572);
Payments to military retirement fund (97-0040-0-1-054);
Compact of Free Association, economic assistance pursuant to Public
Law 99-658 (14-0415-0-1-806);
Payments to social security trust funds (75-0404-0-1-571);
Payments to state and local government fiscal assistance trust fund
(20-2111-0-1-851);
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
(14-0418-0-1-852);
Payments to widows and heirs of deceased Members of Congress
(00-0215-0-1-801);
Postal service fund (18-4020-0-3-372);
Resolution Funding Corporation;
Resolution Trust Corporation;
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);
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 budget accounts and activities shall be exempt from
reduction under any order issued under this subchapter:
Black lung benefits (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);
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 retirement tier II (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:
Agency for International Development, Housing, and other credit
guarantee programs (72-4340-0-3-151);
Agricultural credit insurance fund (12-4140-0-3-351);
Biomass energy development (20-0114-0-1-271);
Check forgery insurance fund (20-4109-0-3-803);
Community development grant loan guarantees (86-0162-0-1-451);
Credit union share insurance fund (25-4468-0-3-371);
Economic development revolving fund (13-4406-0-3-452);
Employees life insurance fund (24-8424-0-8-602);
Energy security reserve (Synthetic Fuels Corporation)
(20-0112-0-1-271);
Export-Import Bank of the United States, Limitation of program
activity (83-4027-0-3-155);
Federal Aviation Administration, Aviation insurance revolving fund
(69-4120-0-3-402);
Federal Crop Insurance Corporation fund (12-4085-0-3-351);
Federal Deposit Insurance Corporation (51-8419-0-8-371);
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);
Federal Housing Administration fund (86-4070-0-3-371);
Federal ship financing fund (69-4301-0-3-403);
Federal ship financing fund, fishing vessels (13-4417-0-3-376);
Geothermal resources development fund (89-0206-0-1-271);
Government National Mortgage Association, Guarantees of
mortgage-backed securities (86-4238-0-3-371);
Health education loans (75-4307-0-3-553);
Homeowners assistance fund, Defense (97-4090-0-3-051);
Indian loan guarantee and insurance fund (14-4410-0-3-452);
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);
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);
Department of Veterans Affairs, Loan guaranty revolving fund
(36-4025-0-3-704); and
Department of Veterans Affairs, Servicemen's group life insurance
fund (36-4009-0-3-701).
(h) /2/ Low-income programs
The following programs shall be exempt from reduction under any order
issued under this subchapter:
Aid to families with dependent children (75-0412-0-1-609);
Child nutrition (12-3539-0-1-605);
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
Women, infants, and children program (12-3510-0-1-605).
(i) Identification of programs
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.
(h) /3/ Optional exemption of military personnel
(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. 99-177, title II, 255, Dec. 12, 1985, 99 Stat. 1082; Pub.
L. 99-509, title VII, 7002(a), Oct. 21, 1986, 100 Stat. 1949; Pub. L.
99-514, 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-86, title V,
506(a), Aug. 10, 1987, 101 Stat. 634; Pub. L. 100-119, title I, 104(
a)(1), (2), (b), (c)(1), Sept. 29, 1987, 101 Stat. 775-777; Pub. L.
101-73, title VII, 743(a), (c), Aug. 9, 1989, 103 Stat. 437; Pub. L.
101-220, 8, Dec. 12, 1989, 103 Stat. 1881; Pub. L. 101-508, title XIII,
13101(c), Nov. 5, 1990, 104 Stat. 1388-589; Pub. L. 102-54, 13( a),
June 13, 1991, 105 Stat. 274; Pub. L. 102-83, 5(c)(2), Aug. 6, 1991,
105 Stat. 406.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
The Social Security Act, referred to in subsec. (a), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social
Security Act is classified generally to subchapter II ( 401 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section 1305 of Title 42 and Tables.
Section 907 of this title, referred to in subsec. (f), was amended
generally by Pub. L. 101-508, title XIII, 13101(e)(1), Nov. 5, 1990,
104 Stat. 1388-591, and, as so amended, does not contain a par. (1).
Section 901 of this title, referred to in subsec. (f), was amended
generally by Pub. L. 101-508, title XIII, 13101(a), Nov. 5, 1990, 104
Stat. 1388-577, and, as so amended, does not contain a subsec. (a)(3)(
C).
Section 906(b) of this title, referred to in subsec. (f), was
redesignated section 906(h) of this title by Pub. L. 101-508, title
XIII, 13101(d)(2), Nov. 5, 1990, 104 Stat. 1388-589.
Public Law 99-658, referred to in subsec. (g)(1)(A), is set out as a
note under section 1681 of Title 48, Territories and Insular
Possessions.
The Federal Employees' Compensation Act, referred to in subsec. (g)(
1)(B), which is act 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, by Pub. L.
89-554, Sept. 6, 1966, 80 Stat. 378.
1991 -- Subsec. (b). Pub. L. 102-83 substituted ''section 2307 of
title 38'' for ''section 907 of title 38'' in item relating to burial
benefits for veterans.
Subsec. (g)(2). Pub. L. 102-54 substituted 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 -- Subsec. (a). Pub. L. 101-508, 13101(c)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (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.''
Subsec. (e). Pub. L. 101-508, 13101(c)(2), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows:
''Offsetting receipts and collections shall not be reduced under any
order issued under this subchapter.''
Subsec. (g)(1)(B). Pub. L. 101-508, 13101(c)(3), inserted item
relating to railroad supplemental annuity pension fund.
Subsec. (h). Pub. L. 101-508, 13101(c)(4), added subsec. (h)
relating to optional exemption of military personnel.
1989 -- Subsec. (g)(1)(A). Pub. L. 101-220 inserted item relating to
Farm Credit System Financial Assistance Corporation, interest payments,
after item relating to Exchange stablization fund.
Pub. L. 101-73, 743(a)(1), inserted item relating to Director of the
Office of Thrift Supervision after item relating to Comptroller of the
Currency.
Pub. L. 101-73, 743(a)(2), 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), 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), inserted items relating to Resolution
Funding Corporation and Resolution Trust Corporation after item relating
to Postal service fund.
Subsec. (g)(2). Pub. L. 101-73, 743(c), struck out item relating to
Federal Savings and Loan Insurance Corporation fund (82-4037-0-3-371).
1987 -- Subsec. (b). Pub. L. 100-119, 104(b)(1), 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 38 relating 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.
Subsec. (g)(1). Pub. L. 100-119, 104(a)(2), (b)(2), (3), designated
existing provisions of par. (1) as subpar. (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 subpar. (B).
Pub. L. 100-86 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.
Subsec. (g)(2). Pub. L. 100-119, 104(c)(1), 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.
Subsec. (h). Pub. L. 100-119, 104(a)(1), inserted item relating to
commodity supplemental food program.
1986 -- Subsec. (d). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954'', which for purposes
of codification was translated as ''title 26'' thus requiring no change
in text.
Subsec. (g)(1). Pub. L. 99-509 inserted item relating to dual
benefits payments account.
Section 7002(b) of Pub. L. 99-509 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to fiscal
years beginning after September 30, 1986.''
The Soldiers' and Airmen's Home, referred to in subsec. (g)(1)(A),
was incorporated into the Armed Forces Retirement Home by section 411 of
Title 24, Hospitals and Asylums.
The United States Synthetic Fuels Corporation was terminated by Pub.
L. 99-272, title VII, 7403(b), Apr. 7, 1986, 100 Stat. 144, set out as
a note under section 8791 of Title 42, The Public Health and Welfare.
/1/ See References in Text note below.
/2/ Another subsec. (h) appears after subsec. (i).
/3/ So in original. Probably should be ''(j)''.
02 USC 906. Exceptions, limitations, and special rules
TITLE 2 -- THE CONGRESS
(a) Automatic spending increases
Automatic spending increases are increases in outlays due to changes
in indexes in the following programs:
(1) National Wool Act;
(2) Special milk program; and
(3) Vocational rehabilitation basic State grants.
In those programs all amounts other than the automatic spending
increases shall be exempt from reduction under any order issued under
this subchapter.
(b) Effect of orders on guaranteed student loan program
(1) Any reductions which are required to be achieved from the student
loan programs operated pursuant to part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.), as a consequence of an
order issued pursuant to section 904 of this title, shall be achieved
only from loans described in paragraphs (2) and (3) by the application
of the measures described in such paragraphs.
(2) For any loan made during the period beginning on the date that an
order issued under section 904 of this title takes effect with respect
to a fiscal year and ending at the close of such fiscal year, the rate
used in computing the special allowance payment pursuant to section
438(b)(2)(A)(iii) of such Act (20 U.S.C. 1087-1(b)(2)(A)(iii)) for each
of the first four special allowance payments for such loan shall be
adjusted by reducing such rate by the lesser of --
(A) 0.40 percent, or
(B) the percentage by which the rate specified in such section
exceeds 3 percent.
(3) For any loan made during the period beginning on the date that an
order issued under section 904 of this title takes effect with respect
to a fiscal year and ending at the close of such fiscal year, the
origination fee which is authorized to be collected pursuant to section
438(c)(2) of such Act (20 U.S.C. 1087-1(c)(2)) shall be increased by
0.50 percent.
(c) Treatment of foster care and adoption assistance programs
Any order issued by the President under section 904 of this title
shall make the reduction which is otherwise required under the foster
care and adoption assistance programs (established by part E of title IV
of the Social Security Act (42 U.S.C. 670 et seq.)) only with respect to
payments and expenditures made by States in which increases in foster
care maintenance payment rates or adoption assistance payment rates (or
both) are to take effect during the fiscal year involved, and only to
the extent that the required reduction can be accomplished by applying a
uniform percentage reduction to the Federal matching payments that each
such State would otherwise receive under section 474 of that Act (42
U.S.C. 674) (for such fiscal year) for that portion of the State's
payments which is attributable to the increases taking effect during
that year. No State's matching payments from the Federal Government for
foster care maintenance payments or for adoption assistance maintenance
payments may be reduced by a percentage exceeding the applicable
domestic sequestration percentage. No State may, after December 12,
1985, make any change in the timetable for making payments under a State
plan approved under part E of title IV of the Social Security Act which
has the effect of changing the fiscal year in which expenditures under
such part are made.
(d) Special rules for Medicare program
(1) Calculation of reduction in individual payment amounts
To achieve the total percentage reduction in those programs required
by sections 902 and 903 of this title, and notwithstanding section 710
of the Social Security Act (42 U.S.C. 911), OMB shall determine, and the
applicable Presidential order under section 904 of this title shall
implement, the percentage reduction that shall apply to payments under
the health insurance programs under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) for services furnished after the order is
issued, such that the reduction made in payments under that order shall
achieve the required total percentage reduction in those payments for
that fiscal year as determined on a 12-month basis.
(2) Timing of application of reductions
(A) In general
Except as provided in subparagraph (B), if a reduction is made under
paragraph (1) in payment amounts pursuant to a sequestration order, the
reduction shall be applied to payment for services furnished during the
effective period of the order. For purposes of the previous sentence,
in the case of inpatient services furnished for an individual, the
services shall be considered to be furnished on the date of the
individual's discharge from the inpatient facility.
(B) Payment on the basis of cost reporting periods
In the case in which payment for services of a provider of services
is made under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) on a basis relating to the reasonable cost incurred for the
services during a cost reporting period of the provider, if a reduction
is made under paragraph (1) in payment amounts pursuant to a
sequestration order, the reduction shall be applied to payment for costs
for such services incurred at any time during each cost reporting period
of the provider any part of which occurs during the effective period of
the order, but only (for each such cost reporting period) in the same
proportion as the fraction of the cost reporting period that occurs
during the effective period of the order.
(3) No increase in beneficiary charges in assignment-related cases
If a reduction in payment amounts is made under paragraph (1) for
services for which payment under part B of title XVIII of the Social
Security Act (42 U.S.C. 1395j et seq.) is made on the basis of an
assignment described in section 1842(b)(3)(B)(ii) (42 U.S.C. 1395u(b)(
3)(B)(ii)), in accordance with section 1842(b)(6)(B) (42 U.S.C. 1395u(
b)(6)(B)), or under the procedure described in section 1870(f)(1) (42
U.S.C. 1395gg(f)(1)), of such Act, the person furnishing the services
shall be considered to have accepted payment of the reasonable charge
for the services, less any reduction in payment amount made pursuant to
a sequestration order, as payment in full.
(4) No effect on computation of AAPCC
In computing the adjusted average per capita cost for purposes of
section 1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)),
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 subchapter.
(e) Community and migrant health centers, Indian health services and
facilities, and veterans' medical care
(1) The maximum permissible reduction in budget authority for any
account listed in paragraph (2) for any fiscal year, pursuant to an
order issued under section 904 of this title, shall be --
(A) 1 percent in the case of the fiscal year 1986, and
(B) 2 percent in the case of any subsequent fiscal year.
(2) The accounts referred to in paragraph (1) are as follows:
(A) Community health centers (75-0350-0-1-550).
(B) Migrant health centers (75-0350-0-1-550).
(C) Indian health facilities (75-0391-0-1-551).
(D) Indian health services (75-0390-0-1-551).
(E) Veterans' medical care (36-0160-0-1-703).
For purposes of the preceding provisions of this paragraph, programs
are identified by the designated budget account identification code
numbers set forth in the Budget of the United States Government --
Appendix.
(f) Treatment of child support enforcement program
Notwithstanding any change in the display of budget accounts, any
order issued by the President under section 904 of this title shall
accomplish the full amount of any required reduction in expenditures
under sections 455 and 458 of the Social Security Act (42 U.S.C. 655,
658) by reducing the Federal matching rate for State administrative
costs under such program, as specified (for the fiscal year involved) in
section 455(a) of such Act, to the extent necessary to reduce such
expenditures by that amount.
(g) Federal pay
(1) In general
For purposes of any order issued under section 904 of this title --
(A) Federal pay under a statutory pay system, and
(B) elements of military pay,
shall be subject to reduction under an order in the same manner as
other administrative expense components of the Federal budget; except
that no such order may reduce or have the effect of reducing the rate of
pay to which any individual is entitled under any such statutory pay
system (as increased by any amount payable under section 5304 of title 5
or section 302 of the Federal Employees Pay Comparability Act of 1990)
or the rate of any element of military pay to which any individual is
entitled under title 37, or any increase in rates of pay which is
scheduled to take effect under section 5303 of title 5, section 1009 of
title 37, or any other provision of law.
(2) Definitions
For purposes of this subsection:
(A) The term ''statutory pay system'' shall have the meaning given
that term in section 5302(1) of title 5.
(B) The term ''elements of military pay'' means --
(i) the elements of compensation of members of the uniformed services
specified in section 1009 of title 37,
(ii) allowances provided members of the uniformed services under
sections 403a and 405 of such title, and
(iii) cadet pay and midshipman pay under section 203(c) of such
title.
(C) The term ''uniformed services'' shall have the meaning given that
term in section 101(3) of title 37.
(h) Treatment of Federal administrative expenses
(1) Notwithstanding any other provision of this title, /1/
administrative expenses incurred by the departments and agencies,
including independent agencies, of the Federal Government in connection
with any program, project, activity, or account shall be subject to
reduction pursuant to an order issued under section 904 of this title,
without regard to any exemption, exception, limitation, or special rule
which is otherwise applicable with respect to such program, project,
activity, or account under this subchapter.
(2) Notwithstanding any other provision of law, administrative
expenses of any program, project, activity, or account which is
self-supporting and does not receive appropriations shall be subject to
reduction under a sequester order, unless specifically exempted in this
joint resolution.
(3) Payments made by the Federal Government to reimburse or match
administrative costs incurred by a State or political subdivision under
or in connection with any program, project, activity, or account shall
not be considered administrative expenses of the Federal Government for
purposes of this section, and shall be subject to reduction or
sequestration under this subchapter to the extent (and only to the
extent) that other payments made by the Federal Government under or in
connection with that program, project, activity, or account are subject
to such reduction or sequestration; except that Federal payments made
to a State as reimbursement of administrative costs incurred by such
State under or in connection with the unemployment compensation programs
specified in subsection (h)(1) /1/
of this section shall be subject to reduction or sequestration under
this subchapter notwithstanding the exemption otherwise granted to such
programs under that subsection.
(4) Notwithstanding any other provision of law, this subsection shall
not apply with respect to the following:
(A) Comptroller of the Currency.
(B) Federal Deposit Insurance Corporation.
(C) Office of Thrift Supervision. /2/
(D) Office of Thrift Supervision. /2/
(E) National Credit Union Administration.
(F) National Credit Union Administration, central liquidity facility.
(G) Federal Retirement Thrift Investment Board.
(H) Resolution Funding Corporation.
(I) Resolution Trust Corporation.
(i) Treatment of payments and advances made with respect to
unemployment compensation programs
(1) For purposes of section 904 of this title --
(A) any amount paid as regular unemployment compensation by a State
from its account in the Unemployment Trust Fund (established by section
904(a) of the Social Security Act (42 U.S.C. 1104(a))),
(B) any advance made to a State from the Federal unemployment account
(established by section 904(g) of such Act (42 U.S.C. 1104(g))) under
title XII of such Act (42 U.S.C. 1321 et seq.) and any advance
appropriated to the Federal unemployment account pursuant to section
1203 of such Act (42 U.S.C. 1323), and
(C) any payment made from the Federal Employees Compensation Account
(as established under section 909 of such Act (42 U.S.C. 1109)) for the
purpose of carrying out chapter 85 of title 5 and funds appropriated or
transferred to or otherwise deposited in such Account,
shall not be subject to reduction.
(2)(A) A State may reduce each weekly benefit payment made under the
Federal-State Extended Unemployment Compensation Act of 1970 for any
week of unemployment occurring during any period with respect to which
payments are reduced under an order issued under section 904 of this
title by a percentage not to exceed the percentage by which the Federal
payment to the State under section 204 of such Act is to be reduced for
such week as a result of such order.
(B) A reduction by a State in accordance with subparagraph (A) shall
not be considered as a failure to fulfill the requirements of section
3304(a)(11) of title 26.
(j) Commodity Credit Corporation
(1) Powers and authorities of the Commodity Credit Corporation
This title /3/ shall not restrict the Commodity Credit Corporation in
the discharge of its authority and responsibility as a corporation to
buy and sell commodities in world trade, to use the proceeds as a
revolving fund to meet other obligations and otherwise operate as a
corporation, the purpose for which it was created.
(2) Reduction in payments made under contracts
(A) Payments and loan eligibility under any contract entered into
with a person by the Commodity Credit Corporation prior to the time an
order has been issued under section 904 of this title shall not be
reduced by an order subsequently issued. Subject to subparagraph (B),
after an order is issued under such section for a fiscal year, any cash
payments made by the Commodity Credit Corporation --
(i) under the terms of any one-year contract entered into in such
fiscal year and after the issuance of the order; and
(ii) out of an entitlement account,
to any person (including any producer, lender, or guarantee entity)
shall be subject to reduction under the order.
(B) Each contract entered into with producers or producer
cooperatives with respect to a particular crop of a commodity and
subject to reduction under subparagraph (A) shall be reduced in
accordance with the same terms and conditions. If some, but not all,
contracts applicable to a crop of a commodity have been entered into
prior to the issuance of an order under section 904 of this title, the
order shall provide that the necessary reduction in payments under
contracts applicable to the commodity be uniformly applied to all
contracts for the next succeeding crop of the commodity, under the
authority provided in paragraph (3).
(3) Delayed reduction in outlays permissible
Notwithstanding any other provision of this joint resolution, if an
order under section 904 of this title is issued with respect to a fiscal
year, any reduction under the order applicable to contracts described in
paragraph (1) may provide for reductions in outlays for the account
involved to occur in the fiscal year following the fiscal year to which
the order applies. No other account, or other program, project, or
activity, shall bear an increased reduction for the fiscal year to which
the order applies as a result of the operation of the preceding
sentence.
(4) Uniform percentage rate of reduction and other limitations
All reductions described in paragraph (2) which are required to be
made in connection with an order issued under section 904 of this title
with respect to a fiscal year --
(A) shall be made so as to ensure that outlays for each program,
project, activity, or account involved are reduced by a percentage rate
that is uniform for all such programs, projects, activities, and
accounts, and may not be made so as to achieve a percentage rate of
reduction in any such item exceeding the rate specified in the order;
and
(B) with respect to commodity price support and income protection
programs, shall be made in such manner and under such procedures as will
attempt to ensure that --
(i) uncertainty as to the scope of benefits under any such program is
minimized;
(ii) any instability in market prices for agricultural commodities
resulting from the reduction is minimized; and
(iii) normal production and marketing relationships among
agricultural commodities (including both contract and non-contract
commodities) are not distorted.
In meeting the criterion set out in clause (iii) of subparagraph (B)
of the preceding sentence, the President shall take into consideration
that reductions under an order may apply to programs for two or more
agricultural commodities that use the same type of production or
marketing resources or that are alternative commodities among which a
producer could choose in making annual production decisions.
(5) No double reduction
No agricultural price support or income protection program that is
subject to reduction under an order issued under section 904 of this
title for a fiscal year may be subject, as well, to modification or
suspension under such order as an automatic spending increase.
(6) Certain authority not to be limited
Nothing in this joint resolution shall limit or reduce, in any way,
any appropriation that provides the Commodity Credit Corporation with
budget authority to cover the Corporation's net realized losses.
(k) Special rules for JOBS portion of AFDC
(1) Full amount of sequestration required
Any order issued by the President under section 904 of this title
shall accomplish the full amount of any required sequestration of the
job opportunities and basic skills training program under section 402(
a)(19) (42 U.S.C. 602(a)(19)), and part F of title VI, /4/ of the Social
Security Act, in the manner specified in this subsection. Such an order
may not reduce any Federal matching rate pursuant to section 403(l) of
the Social Security Act (42 U.S.C. 603(l)).
(2) New allotment formula
(A) General rule
Notwithstanding section 403(k) of the Social Security Act (42 U.S.C.
603(k)), each State's percentage share of the amount available after
sequestration for direct spending pursuant to section 403(l) of such Act
for the fiscal year to which the sequestration applies shall be equal to
--
(i) /5/ the lesser of --
(I) that percentage of the total amount paid to the States pursuant
to such section 403(l) for the prior fiscal year that is represented by
the amount paid to such State pursuant to such section 403(l) for the
prior fiscal year; or
(II) the amount that would have been allotted to such State pursuant
to such section 403(k) had the sequestration not been in effect.
(B) Reallotment of amounts remaining unallotted after application of
general rule
Any amount made available after sequestration for direct spending
pursuant to section 403(l) of the Social Security Act (42 U.S.C. 603(
l)) for the fiscal year to which the sequestration applies that remains
unallotted as a result of subparagraph (A) of this paragraph shall be
allotted among the States in proportion to the absolute difference
between the amount allotted, respectively, to each State as a result of
such subparagraph and the amount that would have been allotted to such
State pursuant to section 403(k) of such Act had the sequestration not
been in effect, except that a State may not be allotted an amount under
this subparagraph that results in a total allotment to the State under
this paragraph of more than the amount that would have been allotted to
such State pursuant to such section 403(k) had the sequestration not
been in effect.
(l) Effects of sequestration
The effects of sequestration shall be as follows:
(1) Budgetary resources sequestered from any account other than a
trust or special fund account shall be permanently cancelled.
(2) Except as otherwise provided, the same percentage sequestration
shall apply to all programs, projects, and activities within a budget
account (with programs, projects, and activities as delineated in the
appropriation Act or accompanying report for the relevant fiscal year
covering that account, or for accounts not included in appropriation
Acts, as delineated in the most recently submitted President's budget).
(3) Administrative regulations or similar actions implementing a
sequestration shall be made within 120 days of the sequestration order.
To the extent that formula allocations differ at different levels of
budgetary resources within an account, program, project, or activity,
the sequestration shall be interpreted as producing a lower total
appropriation, with the remaining amount of the appropriation being
obligated in a manner consistent with program allocation formulas in
substantive law.
(4) Except as otherwise provided, obligations in sequestered accounts
shall be reduced only in the fiscal year in which a sequester occurs.
(5) If an automatic spending increase is sequestered, the increase
(in the applicable index) that was disregarded as a result of that
sequestration shall not be taken into account in any subsequent fiscal
year.
(6) Except as otherwise provided, sequestration in trust and special
fund accounts for which obligations are indefinite shall be taken in a
manner to ensure that obligations in the fiscal year of a sequestration
are reduced, from the level that would actually have occurred, by the
applicable sequestration percentage.
(Pub. L. 99-177, title II, 256, Dec. 12, 1985, 99 Stat. 1086; Pub.
L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-86, title V,
506(b), Aug. 10, 1987, 101 Stat. 634; Pub. L. 100-119, title I,
102(b)(2), (3), (11), 104(a)(3), (4), Sept. 29, 1987, 101 Stat. 773,
775, 776; Pub. L. 101-73, title VII, 743(b), Aug. 9, 1989, 103 Stat.
437; Pub. L. 101-508, title XIII, 13101(d), Nov. 5, 1990, 104 Stat.
1388-589; Pub. L. 101-509, title V, 529 (title I, 101(b)(2)(A), (4)(
H)), Nov. 5, 1990, 104 Stat. 1427, 1439, 1440.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
The Higher Education Act of 1965, referred to in subsec. (b)(1), is
Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Part B of
title IV of such Act is classified generally to part B ( 1071 et seq.)
of subchapter IV of chapter 28 of Title 20, Education. For complete
classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 20 and Tables.
The Social Security Act, referred to in subsecs. (c), (d)(1), (2)(
B), (3), (i)(1)(B), and (k)(1), is act Aug. 14, 1935, ch. 531, 49
Stat. 620, as amended. Part E of title IV of the Social Security Act
is classified generally to part E ( 670 et seq.) of subchapter IV of
chapter 7 of Title 42, The Public Health and Welfare. Part F of title
VI of the Social Security Act probably means part F of title IV of the
Social Security Act, which is classified generally to part F ( 681 et
seq.) of subchapter IV of chapter 7 of Title 42. Titles XII and XVIII
of the Social Security Act are classified generally to subchapters XII (
1321 et seq.) and XVIII ( 1395 et seq.), respectively, of chapter 7 of
Title 42. Part B of title XVIII of the Social Security Act is
classified generally to part B ( 1395j et seq.) of subchapter XVIII of
chapter 7 of Title 42. For complete classification of this Act to the
Code, see section 1305 of Title 42 and Tables.
Section 302 of the Federal Employees Pay Comparability Act of 1990,
referred to in subsec. (g)(1), is section 529 (title III, 302) of Pub.
L. 101-509, which is set out as a note under section 5304 of Title 5,
Government Organization and Employees.
This title, referred to in subsecs. (h)(1) and (j)(1), means title
II ( 200 et seq.) of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038,
known as the Balanced Budget and Emergency Deficit Control Act of 1985.
For complete classification of this Act to the Code, see Short Title
note set out under section 900 of this title and Tables.
This joint resolution, referred to in subsecs. (h)(2) and (j)(3),
(6), means Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1037, as amended,
which enacted this chapter and sections 654 to 656 of this title,
amended sections 602, 622, 631 to 642, and 651 to 653 of this title,
sections 1104 to 1106, 1109, and 3101 of Title 31, Money and Finance,
and section 911 of Title 42, The Public Health and Welfare, repealed
section 661 of this title, enacted provisions set out as notes under
section 900 of this title and section 911 of Title 42, and amended
provisions set out as a note under section 621 of this title. For
complete classification of this Act to the Code, see Tables.
Subsec. (h)(1) of this section, referred to in subsec. (h)(3), was
redesignated subsec. (i)(1) of this section by Pub. L. 101-508, title
XIII, 13101(d)(2), Nov. 5, 1990, 104 Stat. 1388-589.
The Federal-State Extended Unemployment Compensation Act of 1970,
referred to in subsec. (i)(2)(A), is title II of Pub. L. 91-373, Aug.
10, 1970, 84 Stat. 708, as amended, which is classified generally as a
note under section 3304 of Title 26, Internal Revenue Code. Section 204
of such Act is set out in the note under section 3304 of Title 26. For
complete classification of this Act to the Code, see Tables.
1990 -- Subsec. (a). Pub. L. 101-508, 13101(d)(1), amended subsec.
(a) generally, substituting provisions relating to automatic spending
increases for provisions relating to effect of reductions and
sequestrations.
Subsec. (b). Pub. L. 101-508, 13101(d)(3), substituted ''section 904
of this title'' for ''section 902 of this title'' in pars. (1) to (3).
Pub. L. 101-508, 13101(d)(2), redesignated subsec. (c) as (b).
Former subsec. (b) redesignated (h).
Subsec. (c). Pub. L. 101-508, 13101(d)(4), inserted after first
sentence ''No State's matching payments from the Federal Government for
foster care maintenance payments or for adoption assistance maintenance
payments may be reduced by a percentage exceeding the applicable
domestic sequestration percentage.''
Pub. L. 101-508, 13101(d)(3), substituted ''section 904 of this
title'' for ''section 902 of this title''.
Pub. L. 101-508, 13101(d)(2), redesignated subsec. (f) as (c).
Former subsec. (c) redesignated (b).
Subsec. (d)(1). Pub. L. 101-508, 13101(d)(5), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''The
maximum permissible reduction for the health insurance programs under
title XVIII of the Social Security Act for any fiscal year, pursuant to
an order issued under section 902 of this title, consists only of a
reduction of --
''(A) 1 percent in the case of fiscal year 1986, and
''(B) 2 percent (or such higher percentage as may apply as determined
in accordance with section 902(a)(4)(B)(ii) of this title) in the case
of any subsequent fiscal year,
in each separate payment amount otherwise made for a covered service
under those programs without regard to this subchapter.''
Subsec. (d)(2)(C). Pub. L. 101-508, 13101(d)(6), struck out subpar.
(C) which read as follows: ''For purposes of this paragraph, the
effective period of a sequestration order for fiscal year 1986 is the
period beginning on March 1, 1986, and ending on September 30, 1986.''
Subsec. (e). Pub. L. 101-508, 13101(d)(2), redesignated subsec. (k)
as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 101-508, 13101(d)(3), substituted ''section
904 of this title'' for ''section 902 of this title''.
Subsec. (f). Pub. L. 101-508, 13101(d)(3), substituted ''section 904
of this title'' for ''section 902 of this title''.
Pub. L. 101-508, 13101(d)(2), redesignated subsec. (e) as (f).
Former subsec. (f) redesignated (c).
Subsec. (g)(1). Pub. L. 101-509, 529 (title I, 101(b)(4)(H)), in
closing provisions, inserted ''(as increased by any amount payable under
section 5304 of title 5 or section 302 of the Federal Employees Pay
Comparability Act of 1990)'' after ''pay system'' and substituted
''5303'' for ''5305''.
Pub. L. 101-508, 13101(d)(3), substituted ''section 904 of this
title'' for ''section 902 of this title''.
Subsec. (g)(2)(A). Pub. L. 101-509, 529 (title I, 101(b)(2)(A)),
substituted ''5302(1)'' for ''5301(c)''.
Subsec. (h). Pub. L. 101-508, 13101(d)(2), redesignated subsec. (b)
as (h). Former subsec. (h) redesignated (i).
Subsec. (h)(1). Pub. L. 101-508, 13101(d)(3), substituted ''section
904 of this title'' for ''section 902 of this title''.
Subsec. (i). Pub. L. 101-508, 13101(d)(2), redesignated subsec. (h)
as (i) and struck out former subsec. (i) which related to treatment of
mine worker disability compensation increases as automatic spending
increases.
Subsec. (i)(1), (2)(A). Pub. L. 101-508, 13101(d)(3), substituted
''section 904 of this title'' for ''section 902 of this title''.
Subsec. (j). Pub. L. 101-508, 13101(d)(3), substituted ''section 904
of this title'' for ''section 902 of this title'' wherever appearing in
pars. (2) to (5).
Subsec. (k). Pub. L. 101-508, 13101(d)(2), added subsec. (k).
Former subsec. (k) redesignated (e).
Subsec. (l). Pub. L. 101-508, 13101(d)(2), added subsec. (l) and
struck out former subsec. (l) which related to treatment of obligated
balances.
1989 -- Subsec. (b)(4)(C). Pub. L. 101-73, 743(b)(1), substituted
''Office of Thrift Supervision'' for ''Federal Home Loan Bank Board''.
Subsec. (b)(4)(D). Pub. L. 101-73, 743(b)(2), substituted ''Office of
Thrift Supervision'' for ''Federal Savings and Loan Insurance
Corporation''.
Subsec. (b)(4)(H), (I). Pub. L. 101-73, 743(b)(3), added subpars.
(H) and (I).
1987 -- Subsec. (a)(2). Pub. L. 100-119, 102(b)(2), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: ''Any
amount of new budget authority, unobligated balances, obligated
balances, new loan guarantee commitments, new direct loan obligations,
spending authority (as defined in section 651(c)(2) of this title), or
obligation limitations which is sequestered or reduced pursuant to an
order issued under section 902 of this title is permanently cancelled,
with the exception of amounts sequestered in special or trust funds,
which shall remain in such funds and be available in accordance with and
to the extent permitted by law, including the provisions of this Act.''
Subsec. (b)(4). Pub. L. 100-86 added par. (4).
Subsec. (b)(4)(G). Pub. L. 100-119, 104(a)(3), added subpar. (G).
Subsec. (d)(1)(B). Pub. L. 100-119, 102(b)(11), inserted ''(or such
higher percentage as may apply as determined in accordance with section
902(a)(4)(B)(ii) of this title)''.
Subsec. (e). Pub. L. 100-119, 104(a)(4), substituted
''Notwithstanding any change in the display of budget accounts, any
order'' for ''Any order''.
Subsec. (l). Pub. L. 100-119, 102(b)(3), amended subsec. (l)
generally, striking out provisions which had created an ''existing
contract'' exception to the rule of obligated balances not being subject
to reduction under an order issued under section 902 of this title,
under which existing contracts in major functional category 050 (other
than (A) those contracts which included a specified penalty for
cancellation or modification by the Government and which if so cancelled
or modified would have resulted (due to such penalty) in a net loss to
the Government for the fiscal year, and (B) those contracts the
reduction of which would have violated the legal obligations of the
Government) were subject to reduction, in accordance with section 901(
d)(3) of this title, under an order issued under section 902 of this
title.
1986 -- Subsec. (h)(2)(B). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
Amendment by Pub. L. 101-509 effective on such date as the President
shall determine, but not earlier than 90 days, and not later than 180
days, after Nov. 5, 1990, see section 529 (title III, 305) of Pub. L.
101-509, set out as a note under section 5301 of Title 5, Government
Organization and Employees.
/1/ See References in Text note below.
/2/ So in original. Subpars. (C) and (D) are identical.
/3/ See References in Text note below.
/4/ See References in Text note below.
/5/ So in original. Subsec. (k)(2)(A) enacted without a cl. (ii).
02 USC 907. The baseline
TITLE 2 -- THE CONGRESS
(a) In general
For any budget year, the baseline refers to a projection of
current-year levels of new budget authority, outlays, revenues, and the
surplus or deficit into the budget year and the outyears based on laws
enacted through the applicable date.
(b) Direct spending and receipts
For the budget year and each outyear, the baseline shall be
calculated using the following assumptions:
(1) In general
Laws providing or creating direct spending and receipts are assumed
to operate in the manner specified in those laws for each such year and
funding for entitlement authority is assumed to be adequate to make all
payments required by those laws.
(2) Exceptions
(A) No program with estimated current-year outlays greater than $50
million shall be assumed to expire in the budget year or outyears.
(B) The increase for veterans' compensation for a fiscal year is
assumed to be the same as that required by law for veterans' pensions
unless otherwise provided by law enacted in that session.
(C) Excise taxes dedicated to a trust fund, if expiring, are assumed
to be extended at current rates.
(3) Hospital Insurance Trust Fund
Notwithstanding any other provision of law, the receipts and
disbursements of the Hospital Insurance Trust Fund shall be included in
all calculations required by this Act.
(c) Discretionary appropriations
For the budget year and each outyear, the baseline shall be
calculated using the following assumptions regarding all amounts other
than those covered by subsection (b) of this section:
(1) Inflation of current-year appropriations
Budgetary resources other than unobligated balances shall be at the
level provided for the budget year in full-year appropriation Acts. If
for any account a full-year appropriation has not yet been enacted,
budgetary resources other than unobligated balances shall be at the
level available in the current year, adjusted sequentially and
cumulatively for expiring housing contracts as specified in paragraph
(2), for social insurance administrative expenses as specified in
paragraph (3), to offset pay absorption and for pay annualization as
specified in paragraph (4), for inflation as specified in paragraph (5),
and to account for changes required by law in the level of agency
payments for personnel benefits other than pay.
(2) Expiring housing contracts
New budget authority to renew expiring multiyear subsidized housing
contracts shall be adjusted to reflect the difference in the number of
such contracts that are scheduled to expire in that fiscal year and the
number expiring in the current year, with the per-contract renewal cost
equal to the average current-year cost of renewal contracts.
(3) Social insurance administrative expenses
Budgetary resources for the administrative expenses of the following
trust funds shall be adjusted by the percentage change in the
beneficiary population from the current year to that fiscal year: the
Federal Hospital Insurance Trust Fund, the Supplementary Medical
Insurance Trust Fund, the Unemployment Trust Fund, and the railroad
retirement account.
(4) Pay annualization; offset to pay absorption
Current-year new budget authority for Federal employees shall be
adjusted to reflect the full 12-month costs (without absorption) of any
pay adjustment that occurred in that fiscal year.
(5) Inflators
The inflator used in paragraph (1) to adjust budgetary resources
relating to personnel shall be the percent by which the average of the
Bureau of Labor Statistics Employment Cost Index (wages and salaries,
private industry workers) for that fiscal year differs from such index
for the current year. The inflator used in paragraph (1) to adjust all
other budgetary resources shall be the percent by which the average of
the estimated gross national product fixed-weight price index for that
fiscal year differs from the average of such estimated index for the
current year.
(6) Current-year appropriations
If, for any account, a continuing appropriation is in effect for less
than the entire current year, then the current-year amount shall be
assumed to equal the amount that would be available if that continuing
appropriation covered the entire fiscal year. If law permits the
transfer of budget authority among budget accounts in the current year,
the current-year level for an account shall reflect transfers
accomplished by the submission of, or assumed for the current year in,
the President's original budget for the budget year.
(d) Up-to-date concepts
In deriving the baseline for any budget year or outyear, current-year
amounts shall be calculated using the concepts and definitions that are
required for that budget year.
(e) Sale of assets or prepayment of loans
The sale of an asset or prepayment of a loan shall not alter the
deficit or produce any net deficit reduction in the budget baseline,
except that the budget baseline estimate shall include asset sales
mandated by law before September 18, 1987, and routine, ongoing asset
sales and loan prepayments at levels consistent with agency operations
in fiscal year 1986; /1/
(Pub. L. 99-177, title II, 257, formerly 251(a)(6)(I), 257, Dec. 12,
1985, 99 Stat. 1092; Pub. L. 100-119, title I, 102(a), (b)(4)-( 8),
104(c)(2), 106(b), Sept. 29, 1987, 101 Stat. 754, 773, 774, 777, 780;
redesignated 257 and amended Pub. L. 101-508, title XIII, 13101(b),
(e)(1), (2), Nov. 5, 1990, 104 Stat. 1388-589, 1388-591, 1388-593.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
This Act, referred to in subsec. (b)(3), means Pub. L. 99-177, Dec.
12, 1985, 99 Stat. 1037, as amended, which enacted this chapter and
sections 654 to 656 of this title, amended sections 602, 622, 631 to
642, and 651 to 653 of this title, sections 1104 to 1106, 1109, and 3101
of Title 31, Money and Finance, and section 911 of Title 42, The Public
Health and Welfare, repealed section 661 of this title, enacted
provisions set out as notes under section 900 of this title and section
911 of Title 42, and amended provisions set out as a note under section
621 of this title. For complete classification of this Act to the Code,
see Tables.
Pub. L. 101-508, 13101(b), redesignated former par. (12) of this
section as section 250(c)(21) of Pub. L. 99-177, which is classified to
section 900(c)(21) of this title.
Pub. L. 101-508, 13101(e)(2), transferred section 251(a)(6)(I) of
Pub. L. 99-177, which was classified to section 901(a)(6)(I) of this
title, to subsec. (e) of this section.
1990 -- Pub. L. 101-508, 13101(e)(1), amended section generally,
substituting provisions relating to baseline for provisions relating to
definitions.
Subsec. (e). Pub. L. 101-508, 13101(e)(2), redesignated section 901(
a)(6)(I) of this title as subsec. (e) of this section, and substituted
''The'' for ''assuming, for purposes of this paragraph and subparagraph
(A)(i) of paragraph (3), that the''.
1987 -- Pub. L. 100-119, 102(a), amended section 901 of this title
generally, adding subsec. (a)(6)(I). See 1990 Amendment note above.
Par. (1). Pub. L. 100-119, 104(c)(2), struck out provisions of former
subpar. (A) that ''automatic spending increase'' meant increases in
budget outlays due to changes in indexes in the following Federal
programs:
''Black lung benefits (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);
''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 retirement tier II (60-8011-0-7-601);
''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).''
Par. (7). Pub. L. 100-119, 102(b)(4), amended par. (7) generally.
Prior to amendment, par. (7) read as follows: ''The terms 'sequester'
and 'sequestration' (subject to section 902(a)(4) of this title) refer
to or mean the cancellation of new budget authority, unobligated
balances, obligated balances, new loan guarantee commitments, new direct
loan obligations, and spending authority as defined in section 651(c)(2)
of this title, and the reduction of obligation limitations.''
Par. (9). Pub. L. 100-119, 102(b)(5), added par. (9).
Par. (10). Pub. L. 100-119, 106(b), added par. (10).
Par. (11). Pub. L. 100-119, 102(b)(6), added par. (11).
Par. (12). Pub. L. 100-119, 102(b)(7), added par. (12).
Pars. (13), (14). Pub. L. 100-119, 102(b)(8), added pars. (13) and
(14).
Pub. L. 101-163, title III, 315, Nov. 21, 1989, 103 Stat. 1066,
provided that: ''Effective in the case of this Act and any subsequent
Act making appropriations for the Legislative Branch, for purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public
Law 99-177), as amended (see Short Title note set out under section 901
of this title), or any other Act which requires a uniform percentage
reduction in accounts in this Act and any subsequent Act making
appropriations for the Legislative Branch, the accounts under the
general heading 'Senate', and the accounts under the general heading
'House of Representatives', shall each be considered to be one
appropriation account and one 'program, project, and activity'.''
Pub. L. 100-202, 101(i) (title III, 306), Dec. 22, 1987, 101 Stat.
1329-290, 1329-309, provided that: ''Hereafter, for purposes of the
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended (see Short Title note set out under section 901 of
this title), the term 'program, project, and activity' shall be
synonymous with each appropriation account in this Act (see Tables for
classification), except that the accounts under the general heading
'House of Representatives' shall be considered one appropriation account
and one 'program, project, and activity', and the accounts under the
general heading 'Senate' shall be considered one appropriation account
and one 'program, project, and activity'.''
Pub. L. 99-509, title VII, 7001, Oct. 21, 1986, 100 Stat. 1948,
provided that:
''(a) In General. -- Benefits which are payable in calendar year
1987, 1988, 1989, 1990, or 1991, under programs listed in section 257(
1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), (2 U.S.C. 907(1)(A)), including any cost-of-living
adjustment in such benefits, shall not be subject to modification,
suspension, or reduction in such calendar year pursuant to a
Presidential order issued under such Act (see Short Title note set out
under 2 U.S.C. 901).
''(b) Definition. -- For purposes of this section, the term
'cost-of-living adjustment' means any increase or change in the amount
of a benefit or in standards relating to such benefit under any
provision of Federal law which requires such increase or change as a
result of any change in the Consumer Price Index (or any component
thereof) or any other index which measures costs, prices, or wages.''
/1/ So in original. The semicolon probably should be a period.
02 USC 907a. Suspension in event of war or low growth
TITLE 2 -- THE CONGRESS
(a) Procedures in event of low-growth report
(1) Trigger
Whenever CBO issues a low-growth report under section 904(j) of this
title, the Majority Leader of the House of Representatives may, and the
Majority Leader of the Senate shall, introduce a joint resolution (in
the form set forth in paragraph (2)) declaring that the conditions
specified in section 904(j) of this title are met and suspending the
relevant provisions of this title, /1/ titles III and VI of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 665 et seq.),
and section 1103 of title 31.
(2) Form of joint resolution
(A) The matter after the resolving clause in any joint resolution
introduced pursuant to paragraph (1) shall be as follows: ''That the
Congress declares that the conditions specified in section 254(j) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are met, and
the implementation of the Congressional Budget and Impoundment Control
Act of 1974, chapter 11 of title 31, United States Code, and part C of
the Balanced Budget and Emergency Deficit Control Act of 1985 are
modified as described in section 258(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''
(B) The title of the joint resolution shall be ''Joint resolution
suspending certain provisions of law pursuant to section 258(a)(2) of
the Balanced Budget and Emergency Deficit Control Act of 1985.''; and
the joint resolution shall not contain any preamble.
(3) Committee action
Each joint resolution introduced pursuant to paragraph (1) shall be
referred to the appropriate committees of the House of Representatives
or the Committee on the Budget of the Senate, as the case may be; and
such Committee shall report the joint resolution to its House without
amendment on or before the fifth day on which such House is in session
after the date on which the joint resolution is introduced. If the
Committee fails to report the joint resolution within the five-day
period referred to in the preceding sentence, it shall be automatically
discharged from further consideration of the joint resolution, and the
joint resolution shall be placed on the appropriate calendar.
(4) Consideration of joint resolution
(A) A vote on final passage of a joint resolution reported to the
Senate or discharged pursuant to paragraph (3) shall be taken on or
before the close of the fifth calendar day of session after the date on
which the joint resolution is reported or after the Committee has been
discharged from further consideration of the joint resolution. If prior
to the passage by one House of a joint resolution of that House, that
House receives the same joint resolution from the other House, then --
(i) the procedure in that House shall be the same as if no such joint
resolution had been received from the other House, but
(ii) the vote on final passage shall be on the joint resolution of
the other House.
When the joint resolution is agreed to, the Clerk of the House of
Representatives (in the case of a House joint resolution agreed to in
the House of Representatives) or the Secretary of the Senate (in the
case of a Senate joint resolution agreed to in the Senate) shall cause
the joint resolution to be engrossed, certified, and transmitted to the
other House of the Congress as soon as practicable.
(B)(i) In the Senate, a joint resolution under this paragraph shall
be privileged. It shall not be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(ii) Debate in the Senate on a joint resolution under this paragraph,
and all debatable motions and appeals in connection therewith, shall be
limited to not more than five hours. The time shall be equally divided
between, and controlled by, the majority leader and the minority leader
or their designees.
(iii) Debate in the Senate on any debatable motion or appeal in
connection with a joint resolution under this paragraph shall be limited
to not more than one hour, to be equally divided between, and controlled
by, the mover and the manager of the joint resolution, except that in
the event the manager of the joint resolution is in favor of any such
motion or appeal, the time in opposition thereto shall be controlled by
the minority leader or his designee.
(iv) A motion in the Senate to further limit debate on a joint
resolution under this paragraph is not debatable. A motion to table or
to recommit a joint resolution under this paragraph is not in order.
(C) No amendment to a joint resolution considered under this
paragraph shall be in order in the Senate.
(b) Suspension of sequestration procedures
Upon the enactment of a declaration of war or a joint resolution
described in subsection (a) of this section --
(1) the subsequent issuance of any sequestration report or any
sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI of the
Congressional Budget Act of 1974 (2 U.S.C. 633(f), 641(d), 642(a), 665
et seq.) are suspended; and
(3) section 1103 of title 31 is suspended.
(c) Restoration of sequestration procedures
(1) In the event of a suspension of sequestration procedures due to a
declaration of war, then, effective with the first fiscal year that
begins in the session after the state of war is concluded by Senate
ratification of the necessary treaties, the provisions of subsection (b)
of this section triggered by that declaration of war are no longer
effective.
(2) In the event of a suspension of sequestration procedures due to
the enactment of a joint resolution described in subsection (a) of this
section, then, effective with regard to the first fiscal year beginning
at least 12 months after the enactment of that resolution, the
provisions of subsection (b) of this section triggered by that
resolution are no longer effective.
(Pub. L. 99-177, title II, 258, as added Pub. L. 101-508, title XIII,
13101(f), Nov. 5, 1990, 104 Stat. 1388-593.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
This title, referred to in subsec. (a)(1), means title II ( 200 et
seq.) of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, as amended,
known as the Balanced Budget and Emergency Deficit Control Act of 1985.
For complete classification of this Act to the Code, see Short Title
note set out under section 900 of this title and Tables.
The Congressional Budget Act of 1974, referred to in subsecs. (a)(1)
and (b)(2), is titles I to IX of Pub. L. 93-344, July 12, 1974, 88
Stat. 297, as amended. Titles III and VI of the Act are classified
generally to subchapters I ( 631 et seq.) and IV ( 665 et seq.) of
chapter 17A of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 621 of this title
and Tables.
The Congressional Budget and Impoundment Control Act of 1974,
referred to in subsec. (a)(2)(A), is Pub. L. 93-344, July 12, 1974, 88
Stat. 297, as amended. For complete classification of this Act to the
Code, see Short Title note set out under section 621 of this title and
Tables.
Part C of the Balanced Budget and Emergency Deficit Control Act of
1985, referred to in subsec. (a)(2)(A), is classified generally to this
subchapter. Sections 254 and 258 of the Balanced Budget and Emergency
Deficit Control Act of 1985 are classified to sections 904 and 907a,
respectively, of this title.
Another section 258 of Pub. L. 99-177 was added by Pub. L. 100-119
and is classified to section 908 of this title.
/1/ See References in Text note below.
02 USC 907b. Modification of Presidential order
TITLE 2 -- THE CONGRESS
(a) Introduction of joint resolution
At any time after the Director of OMB issues a final sequestration
report under section 904 of this title for a fiscal year, but before the
close of the twentieth calendar day of the session of Congress beginning
after the date of issuance of such report, the majority leader of either
House of Congress may introduce a joint resolution which contains
provisions directing the President to modify the most recent order
issued under section 904 of this title or provide an alternative to
reduce the deficit for such fiscal year. After the introduction of the
first such joint resolution in either House of Congress in any calendar
year, then no other joint resolution introduced in such House in such
calendar year shall be subject to the procedures set forth in this
section.
(b) Procedures for consideration of joint resolutions
(1) Referral to committee
A joint resolution introduced in the Senate under subsection (a) of
this section shall not be referred to a committee of the Senate and
shall be placed on the calendar pending disposition of such joint
resolution in accordance with this subsection.
(2) Consideration in Senate
On or after the third calendar day (excluding Saturdays, Sundays, and
legal holidays) beginning after a joint resolution is introduced under
subsection (a) of this section, notwithstanding any rule or precedent of
the Senate, including Rule XXII of the Standing Rules of the Senate, it
is in order (even though a previous motion to the same effect has been
disagreed to) for any Member of the Senate to move to proceed to the
consideration of the joint resolution. The motion is not in order after
the eighth calendar day (excluding Saturdays, Sundays, and legal
holidays) beginning after a joint resolution (to which the motion
applies) is introduced. The joint resolution is privileged in the
Senate. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of the joint resolution is agreed to, the Senate shall
immediately proceed to consideration of the joint resolution without
intervening motion, order, or other business, and the joint resolution
shall remain the unfinished business of the Senate until disposed of.
(3) Debate in Senate
(A) In the Senate, debate on a joint resolution introduced under
subsection (a) of this section, amendments thereto, and all debatable
motions and appeals in connection therewith shall be limited to not more
than 10 hours, which shall be divided equally between the majority
leader and the minority leader (or their designees).
(B) A motion to postpone, or a motion to proceed to the consideration
of other business is not in order. A motion to reconsider the vote by
which the joint resolution is agreed to or disagreed to is not in order,
and a motion to recommit the joint resolution is not in order.
(C)(i) No amendment that is not germane to the provisions of the
joint resolution or to the order issued under section 904 of this title
shall be in order in the Senate. In the Senate, an amendment, any
amendment to an amendment, or any debatable motion or appeal is
debatable for not to exceed 30 minutes to be equally divided between,
and controlled by, the mover and the majority leader (or their
designees), except that in the event that the majority leader favors the
amendment, motion, or appeal, the minority leader (or the minority
leader's designee) shall control the time in opposition to the
amendment, motion, or appeal.
(ii) In the Senate, an amendment that is otherwise in order shall be
in order notwithstanding the fact that it amends the joint resolution in
more than one place or amends language previously amended. It shall not
be in order in the Senate to vote on the question of agreeing to such a
joint resolution or any amendment thereto unless the figures then
contained in such joint resolution or amendment are mathematically
consistent.
(4) Vote on final passage
Immediately following the conclusion of the debate on a joint
resolution introduced under subsection (a) of this section, a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, and the disposition of any pending
amendments under paragraph (3), the vote on final passage of the joint
resolution shall occur.
(5) Appeals
Appeals from the decisions of the Chair shall be decided without
debate.
(6) Conference reports
In the Senate, points of order under titles III, IV, and VI of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 651 et seq., 665
et seq.) are applicable to a conference report on the joint resolution
or any amendments in disagreement thereto.
(7) Resolution from other House
If, before the passage by the Senate of a joint resolution of the
Senate introduced under subsection (a) of this section, the Senate
receives from the House of Representatives a joint resolution introduced
under subsection (a) of this section, then the following procedures
shall apply:
(A) The joint resolution of the House of Representatives shall not be
referred to a committee and shall be placed on the calendar.
(B) With respect to a joint resolution introduced under subsection
(a) of this section in the Senate --
(i) the procedure in the Senate shall be the same as if no joint
resolution had been received from the House; but
(ii)(I) the vote on final passage shall be on the joint resolution of
the House if it is identical to the joint resolution then pending for
passage in the Senate; or
(II) if the joint resolution from the House is not identical to the
joint resolution then pending for passage in the Senate and the Senate
then passes the Senate joint resolution, the Senate shall be considered
to have passed the House joint resolution as amended by the text of the
Senate joint resolution.
(C) Upon disposition of the joint resolution received from the House,
it shall no longer be in order to consider the resolution originated in
the Senate.
(8) Senate action on House resolution
If the Senate receives from the House of Representatives a joint
resolution introduced under subsection (a) of this section after the
Senate has disposed of a Senate originated resolution which is identical
to the House passed joint resolution, the action of the Senate with
regard to the disposition of the Senate originated joint resolution
shall be deemed to be the action of the Senate with regard to the House
originated joint resolution. If it is not identical to the House passed
joint resolution, then the Senate shall be considered to have passed the
joint resolution of the House as amended by the text of the Senate joint
resolution.
(Pub. L. 99-177, title II, 258A, as added Pub. L. 101-508, title
XIII, 13101(f), Nov. 5, 1990, 104 Stat. 1388-595.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
The Congressional Budget Act of 1974, referred to in subsec. (b)(6),
is titles I to IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as
amended. Titles III, IV, and VI of the Act are classified generally to
subchapters I ( 631 et seq.), II ( 651 et seq.), and IV ( 665 et seq.)
of chapter 17A of this title. For complete classification of this Act
to the Code, see Short Title note set out under section 621 of this
title and Tables.
02 USC 907c. Flexibility among defense programs, projects, and
activities
TITLE 2 -- THE CONGRESS
(a) Reductions beyond amount specified in Presidential order
Subject to subsections (b), (c), and (d) of this section, new budget
authority and unobligated balances for any programs, projects, or
activities within major functional category 050 (other than a military
personnel account) may be further reduced beyond the amount specified in
an order issued by the President under section 904 of this title for
such fiscal year. To the extent such additional reductions are made and
result in additional outlay reductions, the President may provide for
lesser reductions in new budget authority and unobligated balances for
other programs, projects, or activities within major functional category
050 for such fiscal year, but only to the extent that the resulting
outlay increases do not exceed the additional outlay reductions, and no
such program, project, or activity may be increased above the level
actually made available by law in appropriation Acts (before taking
sequestration into account). In making calculations under this
subsection, the President shall use account outlay rates that are
identical to those used in the report by the Director of OMB under
section 904 of this title.
(b) Base closures prohibited
No actions taken by the President under subsection (a) of this
section for a fiscal year may result in a domestic base closure or
realignment that would otherwise be subject to section 2687 of title 10.
(c) Report and joint resolution required
The President may not exercise the authority provided by this
paragraph /1/ for a fiscal year unless --
(1) the President submits a single report to Congress specifying, for
each account, the detailed changes proposed to be made for such fiscal
year pursuant to this section;
(2) that report is submitted within 5 calendar days of the start of
the next session of Congress; and
(3) a joint resolution affirming or modifying the changes proposed by
the President pursuant to this paragraph /1/ becomes law.
(d) Introduction of joint resolution
Within 5 calendar days of session after the President submits a
report to Congress under subsection (c)(1) of this section for a fiscal
year, the majority leader of each House of Congress shall (by request)
introduce a joint resolution which contains provisions affirming the
changes proposed by the President pursuant to this paragraph. /1/
(e) Form and title of joint resolution
(1) The matter after the resolving clause in any joint resolution
introduced pursuant to subsection (d) of this section shall be as
follows: ''That the report of the President as submitted on (Insert
Date) under section 258B is hereby approved.''
(2) The title of the joint resolution shall be ''Joint resolution
approving the report of the President submitted under section 258B of
the Balanced Budget and Emergency Deficit Control Act of 1985.''
(3) Such joint resolution shall not contain any preamble.
(f) Calendaring and consideration of joint resolution in the Senate
(1) A joint resolution introduced in the Senate under subsection (d)
of this section shall be referred to the Committee on Appropriations,
and if not reported within 5 calendar days (excluding Saturdays,
Sundays, and legal holidays) from the date of introduction shall be
considered as having been discharged therefrom and shall be placed on
the appropriate calendar pending disposition of such joint resolution in
accordance with this subsection. In the Senate, no amendment proposed
in the Committee on Appropriations shall be in order other than an
amendment (in the nature of a substitute) that is germane or relevant to
the provisions of the joint resolution or to the order issued under
section 904 of this title. For purposes of this paragraph, an amendment
shall be considered to be relevant if it relates to function 050
(national defense).
(2) On or after the third calendar day (excluding Saturdays, Sundays,
and legal holidays) beginning after a joint resolution is placed on the
Senate calendar, notwithstanding any rule or precedent of the Senate,
including Rule XXII of the Standing Rules of the Senate, it is in order
(even though a previous motion to the same effect has been disagreed to)
for any Member of the Senate to move to proceed to the consideration of
the joint resolution. The motion is not in order after the eighth
calendar day (excluding Saturdays, Sundays, and legal holidays)
beginning after such joint resolution is placed on the appropriate
calendar. The motion is not debatable. The joint resolution is
privileged in the Senate. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in order. If a motion
to proceed to the consideration of the joint resolution is agreed to,
the Senate shall immediately proceed to consideration of the joint
resolution without intervening motion, order, or other business, and the
joint resolution shall remain the unfinished business of the Senate
until disposed of.
(g) Debate of joint resolution; motions
(1) In the Senate, debate on a joint resolution introduced under
subsection (d) of this section, amendments thereto, and all debatable
motions and appeals in connection therewith shall be limited to not more
than 10 hours, which shall be divided equally between the majority
leader and the minority leader (or their designees).
(2) A motion to postpone, or a motion to proceed to the consideration
of other business is not in order. A motion to reconsider the vote by
which the joint resolution is agreed to or disagreed to is not in order.
In the Senate, a motion to recommit the joint resolution is not in
order.
(h) Amendment of joint resolution
(1) No amendment that is not germane or relevant to the provisions of
the joint resolution or to the order issued under section 904 of this
title shall be in order in the Senate. For purposes of this paragraph,
an amendment shall be considered to be relevant if it relates to
function 050 (national defense). In the Senate, an amendment, any
amendment to an amendment, or any debatable motion or appeal is
debatable for not to exceed 30 minutes to be equally divided between,
and controlled by, the mover and the majority leader (or their
designees), except that in the event that the majority leader favors the
amendment, motion, or appeal, the minority leader (or the minority
leader's designee) shall control the time in opposition to the
amendment, motion, or appeal.
(2) In the Senate, an amendment that is otherwise in order shall be
in order notwithstanding the fact that it amends the joint resolution in
more than one place or amends language previously amended, so long as
the amendment makes or maintains mathematical consistency. It shall not
be in order in the Senate to vote on the question of agreeing to such a
joint resolution or any amendment thereto unless the figures then
contained in such joint resolution or amendment are mathematically
consistent.
(3) It shall not be in order in the Senate to consider any amendment
to any joint resolution introduced under subsection (d) of this section
or any conference report thereon if such amendment or conference report
would have the effect of decreasing any specific budget outlay
reductions below the level of such outlay reductions provided in such
joint resolution unless such amendment or conference report makes a
reduction in other specific budget outlays at least equivalent to any
increase in outlays provided by such amendment or conference report.
(4) For purposes of the application of paragraph (3), the level of
outlays and specific budget outlay reductions provided in an amendment
shall be determined on the basis of estimates made by the Committee on
the Budget of the Senate.
(i) Vote on final passage of joint resolution
Immediately following the conclusion of the debate on a joint
resolution introduced under subsection (d) of this section, a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the Senate, and the disposition of any pending
amendments under subsection (h) of this section, the vote on final
passage of the joint resolution shall occur.
(j) Appeal from decision of Chair
Appeals from the decisions of the Chair relating to the application
of the rules of the Senate to the procedure relating to a joint
resolution described in subsection (d) of this section shall be decided
without debate.
(k) Conference reports
In the Senate, points of order under titles III and IV of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 651 et seq.)
(including points of order under sections 302(c), 303(a), 306, and 401(
b)(1) (2 U.S.C. 633(c), 634(a), 637, 651(b)(1))) are applicable to a
conference report on the joint resolution or any amendments in
disagreement thereto.
(l) Resolution from other House
If, before the passage by the Senate of a joint resolution of the
Senate introduced under subsection (d) of this section, the Senate
receives from the House of Representatives a joint resolution introduced
under subsection (d) of this section, then the following procedures
shall apply:
(1) The joint resolution of the House of Representatives shall not be
referred to a committee.
(2) With respect to a joint resolution introduced under subsection
(d) of this section in the Senate --
(A) the procedure in the Senate shall be the same as if no joint
resolution had been received from the House; but
(B)(i) the vote on final passage shall be on the joint resolution of
the House if it is identical to the joint resolution then pending for
passage in the Senate; or
(ii) if the joint resolution from the House is not identical to the
joint resolution then pending for passage in the Senate and the Senate
then passes the Senate joint resolution, the Senate shall be considered
to have passed the House joint resolution as amended by the text of the
Senate joint resolution.
(3) Upon disposition of the joint resolution received from the House,
it shall no longer be in order to consider the joint resolution
originated in the Senate.
(m) Senate action on House resolution
If the Senate receives from the House of Representatives a joint
resolution introduced under subsection (d) of this section after the
Senate has disposed of a Senate originated joint resolution which is
identical to the House passed joint resolution, the action of the Senate
with regard to the disposition of the Senate originated joint resolution
shall be deemed to be the action of the Senate with regard to the House
originated joint resolution. If it is not identical to the House passed
joint resolution, then the Senate shall be considered to have passed the
joint resolution of the House as amended by the text of the Senate joint
resolution.
(Pub. L. 99-177, title II, 258B, as added Pub. L. 101-508, title
XIII, 13101(g), Nov. 5, 1990, 104 Stat. 1388-597.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
Section 258B, referred to in subsec. (e)(1), (2), means section 258B
of Pub. L. 99-177, which is classified to this section.
The Congressional Budget Act of 1974, referred to in subsec. (k), is
titles I to IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as
amended. Titles III and IV of the Act are classified generally to
subchapters I ( 631 et seq.) and II ( 651 et seq.) of chapter 17A of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 621 of this title and Tables.
/1/ So in original. Probably should be ''section''.
02 USC 907d. Special reconciliation process
TITLE 2 -- THE CONGRESS
(a) Reporting of resolutions and reconciliation bills and
resolutions, in Senate
(1) Committee alternatives to Presidential order
After the submission of an OMB sequestration update report under
section 904 of this title that envisions a sequestration under section
902 or 903 of this title, each standing committee of the Senate may, not
later than October 10, submit to the Committee on the Budget of the
Senate information of the type described in section 632(d) of this title
with respect to alternatives to the order envisioned by such report
insofar as such order affects laws within the jurisdiction of the
committee.
(2) Initial Budget Committee action
After the submission of such a report, the Committee on the Budget of
the Senate may, not later than October 15, report to the Senate a
resolution. The resolution may affirm the impact of the order
envisioned by such report, in whole or in part. To the extent that any
part is not affirmed, the resolution shall state which parts are not
affirmed and shall contain instructions to committees of the Senate of
the type referred to in section 641(a) of this title, sufficient to
achieve at least the total level of deficit reduction contained in those
sections which are not affirmed.
(3) Response of committees
Committees instructed pursuant to paragraph (2), or affected thereby,
shall submit their responses to the Budget Committee no later than 10
days after the resolution referred to in paragraph (2) is agreed to,
except that if only one such Committee is so instructed such Committee
shall, by the same date, report to the Senate a reconciliation bill or
reconciliation resolution containing its recommendations in response to
such instructions. A committee shall be considered to have complied
with all instructions to it pursuant to a resolution adopted under
paragraph (2) if it has made recommendations with respect to matters
within its jurisdiction which would result in a reduction in the deficit
at least equal to the total reduction directed by such instructions.
(4) Budget Committee action
Upon receipt of the recommendations received in response to a
resolution referred to in paragraph (2), the Budget Committee shall
report to the Senate a reconciliation bill or reconciliation resolution,
or both, carrying out all such recommendations without any substantive
revisions. In the event that a committee instructed in a resolution
referred to in paragraph (2) fails to submit any recommendation (or,
when only one committee is instructed, fails to report a reconciliation
bill or resolution) in response to such instructions, the Budget
Committee shall include in the reconciliation bill or reconciliation
resolution reported pursuant to this subparagraph legislative language
within the jurisdiction of the noncomplying committee to achieve the
amount of deficit reduction directed in such instructions.
(5) Point of order
It shall not be in order in the Senate to consider any reconciliation
bill or reconciliation resolution reported under paragraph (4) with
respect to a fiscal year, any amendment thereto, or any conference
report thereon if --
(A) the enactment of such bill or resolution as reported;
(B) the adoption and enactment of such amendment; or
(C) the enactment of such bill or resolution in the form recommended
in such conference report,
would cause the amount of the deficit for such fiscal year to exceed
the maximum deficit amount for such fiscal year, unless the low-growth
report submitted under section 904 of this title projects negative real
economic growth for such fiscal year, or for each of any two consecutive
quarters during such fiscal year.
(6) Treatment of certain amendments
In the Senate, an amendment which adds to a resolution reported under
paragraph (2) an instruction of the type referred to in such paragraph
shall be in order during the consideration of such resolution if such
amendment would be in order but for the fact that it would be held to be
non-germane on the basis that the instruction constitutes new matter.
(7) ''Day'' defined
For purposes of paragraphs (1), (2), and (3), the term ''day'' shall
mean any calendar day on which the Senate is in session.
(b) Procedures
(1) In general
Except as provided in paragraph (2), in the Senate the provisions of
sections 636 and 641 of this title for the consideration of concurrent
resolutions on the budget and conference reports thereon shall also
apply to the consideration of resolutions, and reconciliation bills and
reconciliation resolutions reported under this paragraph and conference
reports thereon.
(2) Limit on debate
Debate in the Senate on any resolution reported pursuant to
subsection (a)(2) of this section, and all amendments thereto and
debatable motions and appeals in connection therewith, shall be limited
to 10 hours.
(3) Limitation on amendments
Section 641(d)(2) of this title shall apply to reconciliation bills
and reconciliation resolutions reported under this subsection.
(4) Bills and resolutions received from the House
Any bill or resolution received in the Senate from the House, which
is a companion to a reconciliation bill or reconciliation resolution of
the Senate for the purposes of this subsection, shall be considered in
the Senate pursuant to the provisions of this subsection.
(5) ''Resolution'' defined
For purposes of this subsection, the term ''resolution'' means a
simple, joint, or concurrent resolution.
(Pub. L. 99-177, title II, 258C, as added Pub. L. 101-508, title
XIII, 13101(g), Nov. 5, 1990, 104 Stat. 1388-600.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
02 USC 908. Modification of Presidential order
TITLE 2 -- THE CONGRESS
(a) Introduction of joint resolution
At any time after the Director of OMB issues a report under section
901(c)(2) /1/ of this title for a fiscal year, but before the close of
the tenth calendar day of session in that session of Congress beginning
after the date of issuance of such report, the majority leader of either
House of Congress may introduce a joint resolution which contains
provisions directing the President to modify the most recent order
issued under section 902 /1/ of this title for such fiscal year. After
the introduction of the first such joint resolution in either House of
Congress in any calendar year, then no other joint resolution introduced
in such House in such calendar year shall be subject to the procedures
set forth in this section.
(b) Procedures for consideration of joint resolutions
(1) No referral to committee
A joint resolution introduced in the Senate or the House of
Representatives under subsection (a) of this section shall not be
referred to a committee of the Senate or the House of Representatives,
as the case may be, and shall be placed on the appropriate calendar
pending disposition of such joint resolution in accordance with this
subsection.
(2) Immediate consideration
On or after the third calendar day (excluding Saturdays, Sundays, and
legal holidays) beginning after a joint resolution is introduced under
subsection (a) of this section, notwithstanding any rule or precedent of
the Senate, including Rule 22 of the Standing Rules of the Senate, it is
in order (even though a previous motion to the same effect has been
disagreed to) for any Member of the respective House to move to proceed
to the consideration of the joint resolution, and all points of order
against the joint resolution (and against consideration of the joint
resolution) are waived, except for points of order under titles III or
IV of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 651 et
seq.). The motion is not in order after the eighth calendar day
(excluding Saturdays, Sundays, and legal holidays) beginning after a
joint resolution (to which the motion applies) is introduced. The
motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the joint
resolution is agreed to, the respective House shall immediately proceed
to consideration of the joint resolution without intervening motion,
order, or other business, and the joint resolution shall remain the
unfinished business of the respective House until disposed of.
(3) Debate
(A) In the Senate, debate on a joint resolution introduced under
subsection (a) of this section, amendments thereto, and all debatable
motions and appeals in connection therewith shall be limited to not more
than 10 hours, which shall be divided equally between the majority
leader and the minority leader (or their designees). In the House,
general debate on a joint resolution introduced under subsection (a) of
this section shall be limited to not more than 4 hours which shall be
equally divided between the majority and minority leaders.
(B) A motion to postpone, or a motion to proceed to the consideration
of other business is not in order. A motion to reconsider the vote by
which the joint resolution is agreed to or disagreed to is not in order.
In the Senate, a motion to recommit the joint resolution is not in
order. In the House, a motion further to limit debate is in order and
not debatable. In the House, a motion to recommit is in order.
(C)(i) In the House of Representatives, an amendment and any
amendment thereto is debatable for not to exceed 30 minutes to be
equally divided between the proponent of the amendment and a Member
opposed thereto.
(ii) No amendment that is not germane or relevant to the provisions
of the joint resolution or to the order issued under section 902(b)(1)
/1/ of this title shall be in order in the Senate. In the Senate, an
amendment, any amendment to an amendment, or any debatable motion or
appeal is debatable for not to exceed 30 minutes to be equally divided
between the majority leader and the minority leader (or their
designees).
(iii) In the Senate, an amendment that is otherwise in order shall be
in order notwithstanding the fact that it amends the joint resolution in
more than one place or amends language previously amended. It shall not
be in order in the Senate to vote on the question of agreeing to such a
joint resolution or any amendment thereto unless the figures then
contained in such joint resolution or amendment are mathematically
consistent.
(4) Vote on final passage
Immediately following the conclusion of the debate on a joint
resolution introduced under subsection (a) of this section, a single
quorum call at the conclusion of the debate if requested in accordance
with the rules of the appropriate House, and the disposition of any
amendments under paragraph (3) (except for the motion to recommit in the
House of Representatives), the vote on final passage of the joint
resolution shall occur.
(5) Appeals
Appeals from the decisions of the Chair relating to the application
of the rules of the Senate or the House of Representatives, as the case
may be, to the procedure relating to a joint resolution described in
subsection (a) of this section shall be decided without debate.
(6) Conference reports
In the Senate, points of order under titles III and IV of the
Congressional Budget Act of 1974 (2 U.S.C. 631 et seq., 651 et seq.)
(including points of order under sections 302(c), 303(a), 306, and 401(
b)(1) (2 U.S.C. 633(c), 634(a), 637, 651(b)(1))) are applicable to a
conference report on the joint resolution or any amendments in
disagreement thereto.
(7) Resolution from other House
If, before the passage by the Senate of a joint resolution of the
Senate introduced under subsection (a) of this section, the Senate
receives from the House of Representatives a joint resolution introduced
under subsection (a) of this section, then the following procedures
shall apply:
(A) The joint resolution of the House of Representatives shall not be
referred to a committee.
(B) With respect to a joint resolution introduced under subsection
(a) of this section in the Senate --
(i) the procedure in the Senate shall be the same as if no joint
resolution had been received from the House; but
(ii)(I) the vote on final passage shall be on the joint resolution of
the House if it is identical to the joint resolution then pending for
passage in the Senate; or
(II) if the joint resolution from the House is not identical to the
joint resolution then pending for passage in the Senate and the Senate
then passes it, the Senate shall be considered to have passed the joint
resolution as amended by the text of the Senate joint resolution.
(C) Upon disposition of the joint resolution received from the House,
it shall no longer be in order to consider the resolution originated in
the Senate.
(8) Senate action on House resolution
If the Senate receives from the House of Representatives a joint
resolution introduced under subsection (a) of this section after the
Senate has disposed of a Senate originated resolution which is identical
to the House passed joint resolution, the action of the Senate with
regard to the disposition of the Senate originated joint resolution
shall be deemed to be the action of the Senate with regard to the House
originated joint resolution. If it is not identical to the House passed
joint resolution, then the Senate shall be considered to have passed the
joint resolution of the House as amended by the text of the Senate joint
resolution.
(Pub. L. 99-177, title II, 258, as added Pub. L. 100-119, title I,
105(a), Sept. 29, 1987, 101 Stat. 778.)
For termination of section by section 275(b) of Pub. L. 99-177, as
amended, see Effective and Termination Dates note set out under section
900 of this title.
Section 901 of this title, referred to in subsec. (a), was amended
generally by Pub. L. 101-508, title XIII, 13101(a), Nov. 5, 1990, 104
Stat. 1388-577, and, as so amended, does not contain a subsec. (c).
Provisions relating to reports by the Director of OMB are contained in
section 904 of this title.
Section 902 of this title, referred to in subsecs. (a) and (b)(3)(
C)(ii), was amended generally by Pub. L. 101-508, title XIII, 13101(
a), Nov. 5, 1990, 104 Stat. 1388-581. Provisions relating to
Presidential orders are contained in section 904(g)(5) of this title.
The Congressional Budget Act of 1974, referred to in subsec. (b)(2),
(6), is titles I to IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297,
as amended. Titles III and IV of the Act are classified generally to
subchapters I ( 631 et seq.) and II ( 651 et seq.) of chapter 17A of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 621 of this title and Tables.
Another section 258 of Pub. L. 99-177 was added by Pub. L. 101-508
and is classified to section 907a of this title.
/1/ See References in Text note below.
02 USC 909. Repealed. Pub. L. 101-508, title XIII, 13212, Nov. 5, 1990,
104 Stat. 1388-621
TITLE 2 -- THE CONGRESS
Section, Pub. L. 100-119, title II, 202, Sept. 29, 1987, 101 Stat.
784, prohibited counting as savings transfer of Government actions from
one year to another.
02 USC SUBCHAPTER II -- OPERATION AND REVIEW
TITLE 2 -- THE CONGRESS
02 USC 921. Transferred
TITLE 2 -- THE CONGRESS
Section, Pub. L. 99-177, title II, 273, Dec. 12, 1985, 99 Stat.
1098, which related to revenue estimates, was redesignated as section
201(g) of Pub. L. 93-344 by section 13202(b) of Pub. L. 101-508 and is
classified to section 601(g) of this title.
02 USC 922. Judicial review
TITLE 2 -- THE CONGRESS
(a) Expedited review
(1) Any Member of Congress may bring an action, in the United States
District Court for the District of Columbia, for declaratory judgment
and injunctive relief on the ground that any order that might be issued
pursuant to section 902 /1/ of this title violates the Constitution.
(2) Any Member of Congress, or any other person adversely affected by
any action taken under this title, /1/ may bring an action, in the
United States District Court for the District of Columbia, for
declaratory judgment and injunctive relief concerning the
constitutionality of this title. /1/
(3) Any Member of Congress may bring an action, in the United States
District Court for the District of Columbia, for declaratory and
injunctive relief on the ground that the terms of an order issued under
section 902 /1/ of this title do not comply with the requirements of
this title. /1/
(4) A copy of any complaint in an action brought under paragraph (1),
(2), or (3) shall be promptly delivered to the Secretary of the Senate
and the Clerk of the House of Representatives, and each House of
Congress shall have the right to intervene in such action.
(5) Any action brought under paragraph (1), (2), or (3) shall be
heard and determined by a three-judge court in accordance with section
2284 of title 28.
Nothing in this section or in any other law shall infringe upon the
right of the House of Representatives to intervene in an action brought
under paragraph (1), (2), or (3) without the necessity of adopting a
resolution to authorize such intervention.
(b) Appeal to Supreme Court
Notwithstanding any other provision of law, any order of the United
States District Court for the District of Columbia which is issued
pursuant to an action brought under paragraph (1), (2), or (3) of
subsection (a) of this section shall be reviewable by appeal directly to
the Supreme Court of the United States. Any such appeal shall be taken
by a notice of appeal filed within 10 days after such order is entered;
and the jurisdictional statement shall be filed within 30 days after
such order is entered. No stay of an order issued pursuant to an action
brought under paragraph (1), (2), or (3) of subsection (a) of this
section shall be issued by a single Justice of the Supreme Court.
(c) Expedited consideration
It shall be the duty of the District Court for the District of
Columbia and the Supreme Court of the United States to advance on the
docket and to expedite to the greatest possible extent the disposition
of any matter brought under subsection (a) of this section.
(d) Noncompliance with sequestration procedures
(1) If it is finally determined by a court of competent jurisdiction
that an order issued by the President under section 902(b) /1/ of this
title for any fiscal year --
(A) does not reduce automatic spending increases under any program
specified in section 907(1) /1/ of this title to the extent that such
increases are required to be reduced by subchapter I of this chapter (or
reduces such increases by a greater extent than is so required),
(B) does not sequester the amount of new budget authority, new loan
guarantee commitments, new direct loan obligations, or spending
authority which is required to be sequestered by subchapter I of this
chapter (or sequesters more than that amount) with respect to any
program, project, activity, or account, or
(C) does not reduce obligation limitations by the amount by which
such limitations are required to be reduced under subchapter I of this
chapter (or reduces such limitations by more than that amount) with
respect to any program, project, activity, or account,
the President shall, within 20 days after such determination is made,
revise the order in accordance with such determination.
(2) If the order issued by the President under section 902(b) /1/
of this title for any fiscal year --
(A) does not reduce any automatic spending increase to the extent
that such increase is required to be reduced by subchapter I of this
chapter,
(B) does not sequester any amount of new budget authority, new loan
guarantee commitments, new direct loan obligations, or spending
authority which is required to be sequestered by subchapter I of this
chapter, or
(C) does not reduce any obligation limitation by the amount by which
such limitation is required to be reduced under subchapter I of this
chapter,
on the claim or defense that the constitutional powers of the
President prevent such sequestration or reduction or permit the
avoidance of such sequestration or reduction, and such claim or defense
is finally determined by the Supreme Court of the United States to be
valid, then the entire order issued pursuant to section 902(b) /1/ of
this title for such fiscal year shall be null and void.
(e) Timing of relief
No order of any court granting declaratory or injunctive relief from
the order of the President issued under section 902 /1/ of this title,
including but not limited to relief permitting or requiring the
expenditure of funds sequestered by such order, shall take effect during
the pendency of the action before such court, during the time appeal may
be taken, or, if appeal is taken, during the period before the court to
which such appeal is taken has entered its final order disposing of such
action.
(f) Alternative procedures for joint reports of Directors
(1) In the event that any of the reporting procedures described in
section 901 /1/ of this title are invalidated, then any report of the
Director of CBO under section 901(a)(2)(A) or 901(c)(1) /1/ of this
title shall be transmitted to the joint committee established under this
subsection.
(2) Upon the invalidation of any such procedure there is established
a Temporary Joint Committee on Deficit Reduction, composed of the entire
membership of the Budget Committees of the House of Representatives and
the Senate. The Chairman of these two committees shall act as
Co-Chairmen of the Joint Committee. Actions taken by the Joint
Committee shall be determined by the majority vote of the members
representing each House. The purposes of the Joint Committee are to
receive the reports of the Director of CBO as described in paragraph
(1), and to report (with respect to each such report of the Director of
CBO) a joint resolution as described in paragraph (3).
(3) No later than 5 days after the receipt of a report of the
Director of CBO in accordance with paragraph (1), the Joint Committee
shall report to the House of Representatives and the Senate a joint
resolution setting forth the contents of the report of the Director of
CBO.
(4) The provisions relating to the consideration of a joint
resolution under section 904(a)(4) /1/ of this title shall apply to the
consideration of a joint resolution reported pursuant to this subsection
in the House of Representatives and the Senate, except that debate in
each House shall be limited to two hours.
(5) Upon its enactment, the joint resolution shall be deemed to be
the report received by the President under section 901(a)(2)(B) or (c)(
2) /1/ of this title (whichever is applicable).
(g) Preservation of other rights
The rights created by this section are in addition to the rights of
any person under law, subject to subsection (e) of this section.
(h) Economic data and assumptions
The economic data and economic assumptions used by the Director of
OMB in computing the base levels of total revenues and total budget
outlays, as specified in any report issued by the Director of OMB under
section 901(a)(2)(B) or (c)(2) /1/ of this title, shall not be subject
to review in any judicial or administrative proceeding.
(Pub. L. 99-177, title II, 274, Dec. 12, 1985, 99 Stat. 1098; Pub.
L. 100-119, title I, 102(b)(9), (10), Sept. 29, 1987, 101 Stat. 774,
775.)
Section 902 of this title, referred to in subsecs. (a)(1), (3), (d),
and (e), was amended generally by Pub. L. 101-508, title XIII,
13101(a), Nov. 5, 1990, 104 Stat. 1388-581. Provisions relating to
Presidential orders are contained in section 904(g)(5) of this title.
This title, referred to in subsec. (a)(2), (3), means title II ( 200
et seq.) of Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1038, known as
the Balanced Budget and Emergency Deficit Control Act of 1985. For
complete classification of this Act to the code, see Short Title note
set out under section 901 of this title and Tables.
Section 907 of this title, referred to in subsec. (d)(1)(A), was
amended generally by Pub. L. 101-508, title XIII, 13101(e)(1), Nov. 5,
1990, 104 Stat. 1388-591, and, as so amended, does not contain a par.
(1).
Section 901 of this title, referred to in subsecs. (f)(1), (5), and
(h), was amended generally by Pub. L. 101-508, title XIII, 13101(a),
Nov. 5, 1990, 104 Stat. 1388-577. Provisions relating to reports are
contained in section 904 of this title.
Section 904 of this title, referred to in subsec. (f)(4), was
amended generally by Pub. L. 101-508, title XIII, 13101(a), Nov. 5,
1990, 104 Stat. 1388-586, and, as so amended, does not contain a
subsec. (a)(4).
1987 -- Subsec. (f)(1). Pub. L. 100-119, 102(b)(9)(A), added par.
(1) and struck out former par. (1) which read as follows: ''In the
event that any of the reporting procedures described in section 901 of
this title are invalidated, then any report of the Directors referred to
in section 901(a) or (c)(1) of this title shall be transmitted to the
joint committee established under this subsection.''
Subsec. (f)(2), (3). Pub. L. 100-119, 102(b)(9)(B), substituted
''Director of CBO'' for ''Directors'' wherever appearing.
Subsec. (f)(5). Pub. L. 100-119, 102(b)(9)(C), substituted ''section
901(a)(2)(B) or (c)(2)'' for ''section 901(b) or (c)(2)''.
Subsec. (h). Pub. L. 100-119, 102(b)(10), substituted ''and economic
assumptions'' for '', assumptions, and methodologies'', ''Director of
OMB'' for ''Comptroller General'' in two places, and ''section 901(a)(
2)(B)'' for ''section 901(b)''.
/1/ See References in Text note below.
02 USC CHAPTER 21 -- CIVIC ACHIEVEMENT AWARD PROGRAM IN HONOR OF OFFICE
OF SPEAKER OF HOUSE OF REPRESENTATIVES
TITLE 2 -- THE CONGRESS
02 USC 1001 to 1004. Repealed. Pub. L. 101-483, Oct. 31, 1990, 104
Stat. 1166
TITLE 2 -- THE CONGRESS
Section 1001, Pub. L. 100-158, 1, Nov. 9, 1987, 101 Stat. 896,
related to support for Civic Achievement Award Program in Honor of
Office of Speaker of House of Representatives.
Section 1002, Pub. L. 100-158, 2, Nov. 9, 1987, 101 Stat. 897;
Pub. L. 101-118, 2, 3, Oct. 17, 1989, 103 Stat. 698, related to a
description of Civic Achievement Award Program conducted by Close Up
Foundation, categories of awards, a national committee to advise Close
Up Foundation, and participation by libraries.
Section 1003, Pub. L. 100-158, 3, Nov. 9, 1987, 101 Stat. 897,
related to audit and reporting requirements of Comptroller General and
Close Up Foundation with regard to Civic Achievement Award Program.
Section 1004, Pub. L. 100-158, 4, Nov. 9, 1987, 101 Stat. 898;
Pub. L. 101-118, 1, Oct. 17, 1989, 103 Stat. 698, related to
authorization of appropriations to carry out Civic Achievement Award
Program.
Preamble to Pub. L. 100-158 was repealed by Pub. L. 101-483, Oct.
31, 1990, 104 Stat. 1166.
02 USC CHAPTER 22 -- JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
TITLE 2 -- THE CONGRESS
Sec.
1101. Congressional findings.
1102. Definitions.
1103. Establishment of John C. Stennis Center for Public Service
Training and Development.
(a) Establishment.
(b) Board of Trustees.
(c) Term of office.
(d) Travel and subsistence pay.
(e) Location of Center.
1104. Purposes and authority of Center.
(a) Purposes of Center.
(b) Authority of Center.
(c) Program priorities.
1105. John C. Stennis Center for Public Service Development Trust
Fund.
(a) Establishment of fund.
(b) Investment of fund assets.
(c) Authority to sell obligations.
(d) Proceeds from certain transactions credited to fund.
1106. Expenditures and audit of trust fund.
(a) In general.
(b) Audit by GAO.
1107. Executive Director of Center.
(a) Appointment by Board.
(b) Compensation.
1108. Administrative provisions.
(a) In general.
(b) Annual report.
1109. Authorization for appropriations.
1110. Appropriations.
02 USC 1101. Congressional findings
TITLE 2 -- THE CONGRESS
The Congress makes the following findings:
(1) Senator John C. Stennis of the State of Mississippi has served
his State and country with distinction for more than 60 years as a
public servant, including service in the United States Senate for a
period of 41 years.
(2) Senator Stennis has a distinguished record as a United States
Senator, including service as the first Chairman of the Select Committee
on Ethics, Chairman of the Committee on Armed Services, Chairman of the
Committee on Appropriations, and President pro tempore of the Senate.
(3) Senator Stennis has long maintained a special interest in and
devotion to the development of leadership and excellence in public
service.
(4) There is a compelling need to encourage outstanding young people
to pursue public service on a career basis and to provide public service
leadership training opportunities for individuals serving in State and
local governments and for individuals serving as employees of Members of
Congress.
(5) It would be a fitting tribute to Senator Stennis and to his
leadership, integrity, and years of devoted public service to establish
in his name a center for the training and development of leadership and
excellence in public service.
(Pub. L. 100-458, title I, 112, Oct. 1, 1988, 102 Stat. 2172.)
Section 111 of Pub. L. 100-458 provided that: ''This subtitle
(subtitle B ( 111-121) of title I of Pub. L. 100-458, enacting this
chapter) may be cited as the 'John C. Stennis Center for Public Service
Training and Development Act'.''
02 USC 1102. Definitions
TITLE 2 -- THE CONGRESS
In this chapter:
(1) The term ''Center'' means the John C. Stennis Center for Public
Service Training and Development established under section 1103(a) of
this title.
(2) The term ''Board'' means the Board of Trustees of the John C.
Stennis Center for Public Service Training and Development established
under section 1103(b) of this title.
(3) The term ''fund'' means the John C. Stennis Center for Public
Service Training and Development Trust Fund provided for under section
1105 of this title.
(Pub. L. 100-458, title I, 113, Oct. 1, 1988, 102 Stat. 2172.)
02 USC 1103. Establishment of John C. Stennis Center for Public
Service Training and Development
TITLE 2 -- THE CONGRESS
(a) Establishment
There is established in the legislative branch of the Government a
center to be known as the ''John C. Stennis Center for Public Service
Training and Development''.
(b) Board of Trustees
The Center shall be subject to the supervision and direction of a
Board of Trustees. The Board shall be composed of seven members, as
follows:
(1) Two members to be appointed by the majority leader of the Senate.
(2) One member to be appointed by the minority leader of the Senate.
(3) Two members to be appointed by the Speaker of the House of
Representatives.
(4) One member to be appointed by the minority leader of the House of
Representatives.
(5) The Executive Director of the Center, who shall serve as an ex
officio member of the Board.
(c) Term of office
The term of office of each member of the Board appointed under
paragraphs (1), (2), (3), and (4) of subsection (b) of this section
shall be six years, except that --
(1) the members first appointed under paragraphs (1) and (2) shall
serve, as designated by the majority leader of the Senate, one for a
term of two years, one for a term of four years, and one for a term of
six years;
(2) the members first appointed under paragraphs (3) and (4) shall
serve, as designated by the Speaker of the House of Representatives, one
for a term of two years, one for a term of four years, and one for a
term of six years; and
(3) a member appointed to fill a vacancy shall serve for the
remainder of the term for which his predecessor was appointed and shall
be appointed in the same manner as the original appointment for that
vacancy was made.
(d) Travel and subsistence pay
Members of the Board (other than the Executive Director) shall serve
without pay, but shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred in the performance of
their duties.
(e) Location of Center
The Center shall be located at or near Starkville, Mississippi, the
location of Mississippi State University.
(Pub. L. 100-458, title I, 114, Oct. 1, 1988, 102 Stat. 2173.)
02 USC 1104. Purposes and authority of Center
TITLE 2 -- THE CONGRESS
(a) Purposes of Center
The purposes of the Center shall be --
(1) to increase awareness of the importance of public service, to
foster among the youth of the United States greater recognition and
understanding of the role of public service in the development of the
United States, and to promote public service as a career choice;
(2) to provide training and development opportunities for State and
local elected government officials and employees of State and local
governments in order to assist such officials and employees to become
more effective and more efficient in performing their public duties and
develop their potential for accepting increased public service
opportunities; and
(3) to provide training and development opportunities for those
employees of Members of the Congress who perform key roles in helping
Members of Congress serve the people of the United States.
(b) Authority of Center
The Center is authorized, consistent with this chapter, to develop
such programs, activities, and services as it considers appropriate to
carry out the purpose of this chapter. Such authority shall include the
following:
(1) The development and implementation of educational programs for
secondary and post-secondary schools and colleges designed --
(A) to improve the attitude of students toward public service;
(B) to encourage students to consider public service as a career
goal;
(C) to create a better understanding of the important role that
people in public service have played in the growth and development of
the United States; and
(D) to foster a sense of civic responsibility among the youth of the
United States.
(2) The development and implementation of programs designed --
(A) to enhance skills and abilities of public service employees and
elected officials at the State and local levels of government;
(B) to make such officials more productive and effective in the
performance of their duties; and
(C) to help prepare such employees and officials to assume greater
responsibilities in the field of public service.
(3) The development and implementation of congressional staff
training programs designed to equip congressional staff personnel to
perform their duties more effectively and efficiently.
(4) The development and implementation of media and
telecommunications production capabilities to assist the Center in
expanding the reach of its programs throughout the United States.
(5) The establishment of library and research facilities for the
collection and compilation of research materials for use in carrying out
the programs of the Center.
(c) Program priorities
The Board of Trustees shall determine the priority of the programs to
be carried out under this chapter and the amount of funds to be
allocated for such programs.
(Pub. L. 100-458, title I, 115, Oct. 1, 1988, 102 Stat. 2173.)
02 USC 1105. John C. Stennis Center for Public Service Development
Trust Fund
TITLE 2 -- THE CONGRESS
(a) Establishment of fund
There is established in the Treasury of the United States a trust
fund to be known as the ''John C. Stennis Center for Public Service
Development Trust Fund''. The fund shall consist of amounts
appropriated to it pursuant to section 1110 of this title and amounts
credited to it under subsection (d) of this section.
(b) Investment of fund assets
(1) It shall be the duty of the Secretary of the Treasury to invest
in full the amounts appropriated to the fund. Such investments may be
made only in interest bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the United
States. For such purpose, such obligations may be acquired on original
issue at the issue price or by purchase of outstanding obligations at
the marketplace.
(2) The purposes for which obligations of the United States may be
issued under chapter 31 of title 31 are hereby extended to authorize the
issuance at par of special obligations exclusively to the fund. Such
special obligations shall bear interest at a rate equal to the average
rate of interest, computed as to the end of the calendar month next
preceding the date of such issue, borne by all marketable interest
bearing obligations of the United States then forming a part of the
public debt, except that when such average rate is not a multiple of
one-eighth of one percent, the rate of interest of such special
obligations shall be the multiple of one-eighth of one percent next
lower than such average rate. Such special obligations shall be issued
only if the Secretary determines that the purchase of other interest
bearing obligations of the United States, or of obligations guaranteed
as to both principal and interest by the United States or original issue
or at the market price, is not in the public interest.
(c) Authority to sell obligations
Any obligation acquired by the fund (except special obligations
issued exclusively to the fund) may be sold by the Secretary of the
Treasury at the market price, and such special obligations may be
redeemed at par plus accrued interest.
(d) Proceeds from certain transactions credited to fund
In addition to the appropriations received pursuant to section 1110
of this title, the interest on, and the proceeds from the sale or
redemption of, any obligations held in the fund pursuant to section
1108(a) of this title, shall be credited to and form a part of the fund.
(Pub. L. 100-458, title I, 116, Oct. 1, 1988, 102 Stat. 2174; Pub.
L. 101-520, title III, 313(a), Nov. 5, 1990, 104 Stat. 2282.)
In subsec. (b)(2), ''chapter 31 of title 31'' substituted for ''the
Second Liberty Bond Act'' on authority of Pub. L. 97-258, 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
1990 -- Subsec. (d). Pub. L. 101-520 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ''The interest on,
and the proceeds from the sale or redemption of, any obligations held in
the fund shall be credited to and form a part of the fund.''
02 USC 1106. Expenditures and audit of trust fund
TITLE 2 -- THE CONGRESS
(a) In general
The Secretary of the Treasury is authorized to pay to the Center from
the interest and earnings of the fund, and moneys credited to the fund
pursuant to section 1108(a) of this title, such sums as the Board
determines are necessary and appropriate to enable the Center to carry
out the provisions of this chapter.
(b) Audit by GAO
The activities of the Center under this chapter may be audited by the
General Accounting Office under such rules and regulations as may be
prescribed by the Comptroller General of the United States.
Representatives of the General Accounting Office shall have access to
all books, accounts, records, reports, and files and all other papers,
things, or property belonging to or in use by the Center, pertaining to
such activities and necessary to facilitate the audit.
(Pub. L. 100-458, title I, 117, Oct. 1, 1988, 102 Stat. 2175; Pub.
L. 101-520, title III, 313(b), Nov. 5, 1990, 104 Stat. 2282.)
1990 -- Subsec. (a). Pub. L. 101-520 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ''The Secretary of
the Treasury is authorized to pay to the Center from the interest and
earnings of the fund such sums as the Board determines are necessary and
appropriate to enable the Center to carry out the provisions of this
chapter.''
02 USC 1107. Executive Director of Center
TITLE 2 -- THE CONGRESS
(a) Appointment by Board
(1) There shall be an Executive Director of the Center who shall be
appointed by the Board. The Executive Director shall be the chief
executive officer of the Center and shall carry out the functions of the
Center subject to the supervision and direction of the Board. The
Executive Director shall carry out such other functions consistent with
the provisions of this chapter as the Board shall prescribe.
(2) The Executive Director shall not be eligible to serve as Chairman
of the Board.
(b) Compensation
The Executive Director of the Center shall be compensated at the rate
specified for employees in grade GS-18 of the General Schedule under
section 5332 of title 5.
(Pub. L. 100-458, title I, 118, Oct. 1, 1988, 102 Stat. 2175.)
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
02 USC 1108. Administrative provisions
TITLE 2 -- THE CONGRESS
(a) In general
In order to carry out the provisions of this chapter, the Center may
--
(1) appoint and fix the compensation of such personnel as may be
necessary to carry out the provisions of this chapter, except that in no
case shall employees other than the Executive Director be compensated at
a rate to exceed the maximum rate for employees in grade GS-15 of the
General Schedule under section 5332 of title 5;
(2) procure temporary and intermittent services of experts and
consultants as are necessary to the extent authorized by section 3109 of
title 5, but at rates not to exceed the rate specified at the time of
such service for grade GS-18 under section 5332 of such title;
(3) prescribe such regulations as it considers necessary governing
the manner in which its functions shall be carried out;
(4) solicit and receive money and other property donated, bequeathed,
or devised, without condition or restriction other than it be used for
the purposes of the Center, and to use, sell, or otherwise dispose of
such property for the purpose of carrying out its functions;
(5) accept and utilize the services of voluntary and noncompensated
personnel and reimburse them for travel expenses, including per diem, as
authorized by section 5703 of title 5;
(6) enter into contracts, grants, or other arrangements, or
modifications thereof, to carry out the provisions of this chapter, and
such contracts or modifications thereof may, with the concurrence of
two-thirds of the members of the Board, be entered into without
performance or other bonds, and without regard to section 5 of title 41;
(7) make expenditures for official reception and representation
expenses as well as expenditures for meals, entertainment and
refreshments in connection with official training sessions or other
authorized programs or activities;
(8) apply for, receive and use for the purposes of the Center grants
or other assistance from Federal sources;
(9) establish, receive and use for the purposes of the Center fees or
other charges for goods or services provided in fulfilling the Center's
purposes to persons not enumerated in section 1104(b) of this title;
(10) invest, as specified in section 1105(b) of this title, moneys
authorized to be received under this section; and
(11) make other necessary expenditures.
(b) Annual report
The Center shall submit to Congress an annual report of its
operations under this chapter.
(Pub. L. 100-458, title I, 119, Oct. 1, 1988, 102 Stat. 2176; Pub.
L. 101-163, title III, 320, Nov. 21, 1989, 103 Stat. 1068; Pub. L.
101-520, title III, 313(c), Nov. 5, 1990, 104 Stat. 2282.)
1990 -- Subsec. (a)(6) to (11). Pub. L. 101-520 struck out ''and''
at end of par. (6), added pars. (7) to (11), and struck out former
par. (7) which read as follows: ''To make other necessary expenditures
including official reception and representation expenses.''
1989 -- Subsec. (a)(7). Pub. L. 101-163 substituted ''To make other
necessary expenditures including official reception and representation
expenses'' for ''make other necessary expenditures''.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
02 USC 1109. Authorization for appropriations
TITLE 2 -- THE CONGRESS
There are authorized to be appropriated such sums as may be necessary
to carry out this chapter.
(Pub. L. 100-458, title I, 120, Oct. 1, 1988, 102 Stat. 2176.)
02 USC 1110. Appropriations
TITLE 2 -- THE CONGRESS
There is appropriated to the fund the sum of $7,500,000 to carry out
this chapter.
(Pub. L. 100-458, title I, 121, Oct. 1, 1988, 102 Stat. 2176.)
02 USC CHAPTER 23 -- GOVERNMENT EMPLOYEE RIGHTS
TITLE 2 -- THE CONGRESS
Sec.
1201. Short title; purpose; definitions.
(a) Short title.
(b) Purpose.
(c) Definitions.
1202. Discriminatory practices prohibited.
1203. Establishment of Office of Senate Fair Employment Practices.
(a) In general.
(b) Director.
(c) Staff of Office.
(d) Expenses of Office.
(e) Rules of Office.
(f) Representation by Senate Legal Counsel.
1204. Senate procedure for consideration of alleged violations.
1205. Step I: Counseling.
(a) In general.
(b) Period of counseling.
(c) Employees of Architect of Capitol and Capitol Police.
1206. Step II: Mediation.
(a) In general.
(b) Mediation period.
1207. Step III: Formal complaint and hearing.
(a) Formal complaint and request for hearing.
(b) Hearing board.
(c) Dismissal of frivolous claims.
(d) Hearing.
(e) Discovery.
(f) Subpoena.
(g) Decision.
(h) Remedies.
(i) Precedent and interpretations.
1208. Review by Select Committee on Ethics.
(a) In general.
(b) Review.
(c) Remand.
(d) Final decision.
(e) Statement of reasons.
1209. Judicial review.
(a) In general.
(b) Law applicable.
(c) Standard of review.
(d) Attorney's fees.
1210. Resolution of complaint.
1211. Costs of attending hearings.
1212. Prohibition of intimidation.
1213. Confidentiality.
(a) Counseling.
(b) Mediation.
(c) Hearings.
(d) Final decision of Select Committee on Ethics.
(e) Release of records for judicial review.
1214. Exercise of rulemaking power.
1215. Political affiliation and place of residence.
(a) In general.
(b) ''Employee'' defined.
1216. Other review.
1217. Other instrumentalities of Congress.
1218. Rule XLII of Standing Rules of Senate.
(a) Reaffirmation.
(b) Authority to discipline.
1219. Coverage of Presidential appointees.
(a) In general.
(b) Presidential appointee.
1220. Coverage of previously exempt State employees.
(a) Application.
(b) Enforcement by administrative action.
(c) Judicial review.
(d) Standard of review.
(e) Attorney's fees.
1221. Severability.
1222. Payments by President or Member of Senate.
1223. Reports of Senate Committees.
1224. Intervention and expedited review of certain appeals.
(a) Intervention.
(b) Threshold matter.
(c) Appeal.
02 USC 1201. Short title; purpose; definitions
TITLE 2 -- THE CONGRESS
(a) Short title
This chapter may be cited as the ''Government Employee Rights Act of
1991''.
(b) Purpose
The purpose of this chapter is to provide procedures to protect the
right of Senate and other government /1/ employees, with respect to
their public employment, to be free of discrimination on the basis of
race, color, religion, sex, national origin, age, or disability.
(c) Definitions
For purposes of this chapter:
(1) Senate employee
The term ''Senate employee'' or ''employee'' means --
(A) any employee whose pay is disbursed by the Secretary of the
Senate;
(B) any employee of the Architect of the Capitol who is assigned to
the Senate Restaurants or to the Superintendent of the Senate Office
Buildings;
(C) any applicant for a position that will last 90 days or more and
that is to be occupied by an individual described in subparagraph (A) or
(B); or
(D) any individual who was formerly an employee described in
subparagraph (A) or (B) and whose claim of a violation arises out of the
individual's Senate employment.
(2) Head of employing office
The term ''head of employing office'' means the individual who has
final authority to appoint, hire, discharge, and set the terms,
conditions or privileges of the Senate employment of an employee.
(3) Violation
The term ''violation'' means a practice that violates section 1202 of
this title.
(Pub. L. 102-166, title III, 301, Nov. 21, 1991, 105 Stat. 1088.)
This chapter, referred to in text, was in the original ''this
title'', meaning title III of Pub. L. 102-166, Nov. 21, 1991, 105
Stat. 1088, which is classified generally to this chapter. For
complete classification of title III to the Code, see Tables.
Chapter effective Nov. 21, 1991, except as otherwise provided, see
section 402 of Pub. L. 102-166, set out as an Effective Date of 1991
Amendment note under section 1981 of Title 42, The Public Health and
Welfare.
title 42 section 12209.
/1/ So in original. Probably should be capitalized.
02 USC 1202. Discriminatory practices prohibited
TITLE 2 -- THE CONGRESS
All personnel actions affecting employees of the Senate shall be made
free from any discrimination based on --
(1) race, color, religion, sex, or national origin, within the
meaning of section 2000e-16 of title 42;
(2) age, within the meaning of section 633a of title 29; or
(3) handicap or disability, within the meaning of section 791 of
title 29 and sections 12112 to 12114 of title 42.
(Pub. L. 102-166, title III, 302, Nov. 21, 1991, 105 Stat. 1088.)
02 USC 1203. Establishment of Office of Senate Fair Employment
Practices
TITLE 2 -- THE CONGRESS
(a) In general
There is established, as an office of the Senate, the Office of
Senate Fair Employment Practices (referred to in this chapter as the
''Office''), which shall --
(1) administer the processes set forth in sections 1205 through 1207
of this title;
(2) implement programs for the Senate to heighten awareness of
employee rights in order to prevent violations from occurring.
(b) Director
(1) In general
The Office shall be headed by a Director (referred to in this chapter
as the ''Director'') who shall be appointed by the President pro
tempore, upon the recommendation of the Majority Leader in consultation
with the Minority Leader. The appointment shall be made without regard
to political affiliation and solely on the basis of fitness to perform
the duties of the position. The Director shall be appointed for a term
of service which shall expire at the end of the Congress following the
Congress during which the Director is appointed. A Director may be
reappointed at the termination of any term of service. The President
pro tempore, upon the joint recommendation of the Majority Leader in
consultation with the Minority Leader, may remove the Director at any
time.
(2) Salary
The President pro tempore, upon the recommendation of the Majority
Leader in consultation with the Minority Leader, shall establish the
rate of pay for the Director. The salary of the Director may not be
reduced during the employment of the Director and shall be increased at
the same time and in the same manner as fixed statutory salary rates
within the Senate are adjusted as a result of annual comparability
increases.
(3) Annual budget
The Director shall submit an annual budget request for the Office to
the Committee on Appropriations.
(4) Appointment of Director
The first Director shall be appointed and begin service within 90
days after November 21, 1991, and thereafter the Director shall be
appointed and begin service within 30 days after the beginning of the
session of the Congress immediately following the termination of a
Director's term of service or within 60 days after a vacancy occurs in
the position.
(c) Staff of Office
(1) Appointment
The Director may appoint and fix the compensation of such additional
staff, including hearing officers, as are necessary to carry out the
purposes of this chapter.
(2) Detailees
The Director may, with the prior consent of the Government department
or agency concerned and the Committee on Rules and Administration, use
on a reimbursable or nonreimbursable basis the services of any such
department or agency, including the services of members or personnel of
the General Accounting Office Personnel Appeals Board.
(3) Consultants
In carrying out the functions of the Office, the Director may procure
the temporary (not to exceed 1 year) or intermittent services of
individual consultants, or organizations thereof, in the same manner and
under the same conditions as a standing committee of the Senate may
procure such services under section 72a(i) of this title.
(d) Expenses of Office
In fiscal year 1992, the expenses of the Office shall be paid out of
the Contingent Fund of the Senate from the appropriation account
Miscellaneous Items. Beginning in fiscal year 1993, and for each fiscal
year thereafter, there is authorized to be appropriated for the expenses
of the Office such sums as shall be necessary to carry out its
functions. In all cases, expenses shall be paid out of the Contingent
Fund of the Senate upon vouchers approved by the Director, except that a
voucher shall not be required for --
(1) the disbursement of salaries of employees who are paid at an
annual rate;
(2) the payment of expenses for telecommunications services provided
by the Telecommunications Department, Sergeant at Arms, United States
Senate;
(3) the payment of expenses for stationery supplies purchased through
the Keeper of the Stationery, United States Senate;
(4) the payment of expenses for postage to the Postmaster, United
States Senate; and
(5) the payment of metered charges on copying equipment provided by
the Sergeant at Arms, United States Senate.
The Secretary of the Senate is authorized to advance such sums as may
be necessary to defray the expenses incurred in carrying out this
chapter. Expenses of the Office shall include authorized travel for
personnel of the Office.
(e) Rules of Office
The Director shall adopt rules governing the procedures of the
Office, including the procedures of hearing boards, which rules shall be
submitted to the President pro tempore for publication in the
Congressional Record. The rules may be amended in the same manner. The
Director may consult with the Chairman of the Administrative Conference
of the United States on the adoption of rules.
(f) Representation by Senate Legal Counsel
For the purpose of representation by the Senate Legal Counsel, the
Office shall be deemed a committee, within the meaning of title VII of
the Ethics in Government Act of 1978 (2 U.S.C. 288, et seq.).
(Pub. L. 102-166, title III, 303, Nov. 21, 1991, 105 Stat. 1088.)
The Ethics in Government Act of 1978, referred to in subsec. (f), is
Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended. Title VII
of the Act is classified principally to chapter 9D ( 288 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 101 of Pub. L. 95-521 in the
Appendix to Title 5, Government Organization and Employees, and Tables.
02 USC 1204. Senate procedure for consideration of alleged violations
TITLE 2 -- THE CONGRESS
The Senate procedure for consideration of alleged violations consists
of 4 steps as follows:
(1) Step I, counseling, as set forth in section 1205 of this title.
(2) Step II, mediation, as set forth in section 1206 of this title.
(3) Step III, formal complaint and hearing by a hearing board, as set
forth in section 1207 of this title.
(4) Step IV, review of a hearing board decision, as set forth in
section 1208 or 1209 of this title.
(Pub. L. 102-166, title III, 304, Nov. 21, 1991, 105 Stat. 1090.)
02 USC 1205. Step I: Counseling
TITLE 2 -- THE CONGRESS
(a) In general
A Senate employee alleging a violation may request counseling by the
Office. The Office shall provide the employee with all relevant
information with respect to the rights of the employee. A request for
counseling shall be made not later than 180 days after the alleged
violation forming the basis of the request for counseling occurred. No
request for counseling may be made until 10 days after the first
Director begins service pursuant to section 1203(b)(4) of this title.
(b) Period of counseling
The period for counseling shall be 30 days unless the employee and
the Office agree to reduce the period. The period shall begin on the
date the request for counseling is received.
(c) Employees of Architect of Capitol and Capitol Police
In the case of an employee of the Architect of the Capitol or an
employee who is a member of the Capitol Police, the Director may refer
the employee to the Architect of the Capitol or the Capitol Police Board
for resolution of the employee's complaint through the internal
grievance procedures of the Architect of the Capitol or the Capitol
Police Board for a specific period of time, which shall not count
against the time available for counseling or mediation under this
chapter.
(Pub. L. 102-166, title III, 305, Nov. 21, 1991, 105 Stat. 1090.)
02 USC 1206. Step II: Mediation
TITLE 2 -- THE CONGRESS
(a) In general
Not later than 15 days after the end of the counseling period, the
employee may file a request for mediation with the Office. Mediation
may include the Office, the employee, and the employing office in a
process involving meetings with the parties separately or jointly for
the purpose of resolving the dispute between the employee and the
employing office.
(b) Mediation period
The mediation period shall be 30 days beginning on the date the
request for mediation is received and may be extended for an additional
30 days at the discretion of the Office. The Office shall notify the
employee and the head of the employing office when the mediation period
has ended.
(Pub. L. 102-166, title III, 306, Nov. 21, 1991, 105 Stat. 1091.)
02 USC 1207. Step III: Formal complaint and hearing
TITLE 2 -- THE CONGRESS
(a) Formal complaint and request for hearing
Not later than 30 days after receipt by the employee of notice from
the Office of the end of the mediation period, the Senate employee may
file a formal complaint with the Office. No complaint may be filed
unless the employee has made a timely request for counseling and has
completed the procedures set forth in sections 1205 and 1206 of this
title.
(b) Hearing board
A board of 3 independent hearing officers (referred to in this
chapter as ''hearing board''), who are not Senators or officers or
employees of the Senate, chosen by the Director (one of whom shall be
designated by the Director as the presiding hearing officer) shall be
assigned to consider each complaint filed under this section. The
Director shall appoint hearing officers after considering any candidates
who are recommended to the Director by the Federal Mediation and
Conciliation Service, the Administrative Conference of the United
States, or organizations composed primarily of individuals experienced
in adjudicating or arbitrating personnel matters. A hearing board shall
act by majority vote.
(c) Dismissal of frivolous claims
Prior to a hearing under subsection (d) of this section, a hearing
board may dismiss any claim that it finds to be frivolous.
(d) Hearing
A hearing shall be conducted --
(1) in closed session on the record by a hearing board;
(2) no later than 30 days after filing of the complaint under
subsection (a) of this section, except that the Office may, for good
cause, extend up to an additional 60 days the time for conducting a
hearing; and
(3) except as specifically provided in this chapter and to the
greatest extent practicable, in accordance with the principles and
procedures set forth in sections 554 through 557 of title 5.
(e) Discovery
Reasonable prehearing discovery may be permitted at the discretion of
the hearing board.
(f) Subpoena
(1) Authorization
A hearing board may authorize subpoenas, which shall be issued by the
presiding hearing officer on behalf of the hearing board, for the
attendance of witnesses at proceedings of the hearing board and for the
production of correspondence, books, papers, documents, and other
records.
(2) Objections
If a witness refuses, on the basis of relevance, privilege, or other
objection, to testify in response to a question or to produce records in
connection with the proceedings of a hearing board, the hearing board
shall rule on the objection. At the request of the witness, the
employee, or employing office, or on its own initiative, the hearing
board may refer the objection to the Select Committee on Ethics for a
ruling.
(3) Enforcement
The Select Committee on Ethics may make to the Senate any
recommendations by report or resolution, including recommendations for
criminal or civil enforcement by or on behalf of the Office, which the
Select Committee on Ethics may consider appropriate with respect to --
(A) the failure or refusal of any person to appear in proceedings
under this /1/ or to produce records in obedience to a subpoena or order
of the hearing board; or
(B) the failure or refusal of any person to answer questions during
his or her appearance as a witness in a proceeding under this section.
For purposes of section 1365 of title 28, the Office shall be deemed
to be a committee of the Senate.
(g) Decision
The hearing board shall issue a written decision as expeditiously as
possible, but in no case more than 45 days after the conclusion of the
hearing. The written decision shall be transmitted by the Office to the
employee and the employing office. The decision shall state the issues
raised by the complaint, describe the evidence in the record, and
contain a determination as to whether a violation has occurred.
(h) Remedies
If the hearing board determines that a violation has occurred, it
shall order such remedies as would be appropriate if awarded under
section 2000e-5(g) and (k) of title 42, and may also order the award of
such compensatory damages as would be appropriate if awarded under
section 1981 of title 42 and section 1981a(a) and (b)(2) of title 42.
In the case of a determination that a violation based on age has
occurred, the hearing board shall order such remedies as would be
appropriate if awarded under section 633a(c) of title 29. Any order
requiring the payment of money must be approved by a Senate resolution
reported by the Committee on Rules and Administration. The hearing
board shall have no authority to award punitive damages.
(i) Precedent and interpretations
Hearing boards shall be guided by judicial decisions under statutes
referred to in section 1202 of this title and subsection (h) of this
section, as well as the precedents developed by the Select Committee on
Ethics under section 1208 of this title, and other Senate precedents.
(Pub. L. 102-166, title III, 307, Nov. 21, 1991, 105 Stat. 1091.)
/1/ So in original. Probably should be ''this section''.
02 USC 1208. Review by Select Committee on Ethics
TITLE 2 -- THE CONGRESS
(a) In general
An employee or the head of an employing office may request that the
Select Committee on Ethics (referred to in this section as the
''Committee''), or such other entity as the Senate may designate, review
a decision under section 1207 of this title, including any decision
following a remand under subsection (c) of this section, by filing a
request for review with the Office not later than 10 days after the
receipt of the decision of a hearing board. The Office, at the
discretion of the Director, on its own initiative and for good cause,
may file a request for review by the Committee of a decision of a
hearing board not later than 5 days after the time for the employee or
employing office to file a request for review has expired. The Office
shall transmit a copy of any request for review to the Committee and
notify the interested parties of the filing of the request for review.
(b) Review
Review under this section shall be based on the record of the hearing
board. The Committee shall adopt and publish in the Congressional
Record procedures for requests for review under this section.
(c) Remand
Within the time for a decision under subsection (d) of this section,
the Committee may remand a decision no more than one time to the hearing
board for the purpose of supplementing the record or for further
consideration.
(d) Final decision
(1) Hearing board
If no timely request for review is filed under subsection (a) of this
section, the Office shall enter as a final decision, the decision of the
hearing board.
(2) Select Committee on Ethics
(A) If the Committee does not remand under subsection (c) of this
section, it shall transmit a written final decision to the Office for
entry in the records of the Office. The Committee shall transmit the
decision not later than 60 calendar days during which the Senate is in
session after the filing of a request for review under subsection (a) of
this section. The Committee may extend for 15 calendar days during
which the Senate is in session the period for transmission to the Office
of a final decision.
(B) The decision of the hearing board shall be deemed to be a final
decision, and entered in the records of the Office as a final decision,
unless a majority of the Committee votes to reverse or remand the
decision of the hearing board within the time for transmission to the
Office of a final decision.
(C) The decision of the hearing board shall be deemed to be a final
decision, and entered in the records of the Office as a final decision,
if the Committee, in its discretion, decides not to review, pursuant to
a request for review under subsection (a) of this section, a decision of
the hearing board, and notifies the interested parties of such decision.
(3) Entry of a final decision
The entry of a final decision in the records of the Office shall
constitute a final decision for purposes of judicial review under
section 1209 of this title.
(e) Statement of reasons
Any decision of the Committee under subsection (c) of this section or
subsection (d)(2)(A) of this section shall contain a written statement
of the reasons for the Committee's decision.
(Pub. L. 102-166, title III, 308, Nov. 21, 1991, 105 Stat. 1092.)
02 USC 1209. Judicial review
TITLE 2 -- THE CONGRESS
(a) In general
Any Senate employee aggrieved by a final decision under section
1208(d) of this title, or any Member of the Senate who would be required
to reimburse the appropriate Federal account pursuant to the section
entitled ''Payments by the President or a Member of the Senate'' and a
final decision entered pursuant to section 1208(d)(2)(B) of this title,
may petition for review by the United States Court of Appeals for the
Federal Circuit.
(b) Law applicable
Chapter 158 of title 28 shall apply to a review under this section
except that --
(1) with respect to section 2344 of title 28, service of the petition
shall be on the Senate Legal Counsel rather than on the Attorney
General;
(2) the provisions of section 2348 of title 28, on the authority of
the Attorney General, shall not apply;
(3) the petition for review shall be filed not later than 90 days
after the entry in the Office of a final decision under section 1208(d)
of this title;
(4) the Office shall be an ''agency'' as that term is used in chapter
158 of title 28; and
(5) the Office shall be the respondent in any proceeding under this
section.
(c) Standard of review
To the extent necessary to decision and when presented, the court
shall decide all relevant questions of law and interpret constitutional
and statutory provisions. The court shall set aside a final decision if
it is determined that the decision was --
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall review the
whole record, or those parts of it cited by a party, and due account
shall be taken of the rule of prejudicial error. The record on review
shall include the record before the hearing board, the decision of the
hearing board, and the decision, if any, of the Select Committee on
Ethics.
(d) Attorney's fees
If an employee is the prevailing party in a proceeding under this
section, attorney's fees may be allowed by the court in accordance with
the standards prescribed under section 2000e-5(k) of title 42.
(Pub. L. 102-166, title III, 309, Nov. 21, 1991, 105 Stat. 1093.)
02 USC 1210. Resolution of complaint
TITLE 2 -- THE CONGRESS
If, after a formal complaint is filed under section 1207 of this
title, the employee and the head of the employing office resolve the
issues involved, the employee may dismiss the complaint or the parties
may enter into a written agreement, subject to the approval of the
Director.
(Pub. L. 102-166, title III, 310, Nov. 21, 1991, 105 Stat. 1094.)
02 USC 1211. Costs of attending hearings
TITLE 2 -- THE CONGRESS
Subject to the approval of the Director, an employee with respect to
whom a hearing is held under this chapter may be reimbursed for actual
and reasonable costs of attending proceedings under sections 1207 and
1208 of this title, consistent with Senate travel regulations. Senate
Resolution 259, agreed to August 5, 1987 (100th Congress, 1st Session),
shall apply to witnesses appearing in proceedings before a hearing
board.
(Pub. L. 102-166, title III, 311, Nov. 21, 1991, 105 Stat. 1094.)
Senate Resolution No. 259, One Hundredth Congress, Aug. 5, 1987,
provided that: ''Resolved, That witnesses appearing before the Senate
or any of its committees may be authorized reimbursement for per diem
expenses incurred for each day while traveling to and from the place of
examination and for each day in attendance. Such reimbursement shall be
made on an actual expense basis which shall not exceed the daily rate
prescribed by the Committee on Rules and Administration, unless such
limitation is specifically waived by such committee. A witness may also
be authorized reimbursement of the actual and necessary transportation
expenses incurred by the witness in traveling to and from the place of
examination.
''Sec. 2. (a) The provisions of this resolution shall be effective
with respect to all witness expenses incurred on or after October 1,
1987.''
02 USC 1212. Prohibition of intimidation
TITLE 2 -- THE CONGRESS
Any intimidation of, or reprisal against, any employee by any Member,
officer, or employee of the Senate, or by the Architect of the Capitol,
or anyone employed by the Architect of the Capitol, as the case may be,
because of the exercise of a right under this chapter constitutes an
unlawful employment practice, which may be remedied in the same manner
under this chapter as is a violation.
(Pub. L. 102-166, title III, 312, Nov. 21, 1991, 105 Stat. 1094.)
02 USC 1213. Confidentiality
TITLE 2 -- THE CONGRESS
(a) Counseling
All counseling shall be strictly confidential except that the Office
and the employee may agree to notify the head of the employing office of
the allegations.
(b) Mediation
All mediation shall be strictly confidential.
(c) Hearings
Except as provided in subsection (d) of this section, the hearings,
deliberations, and decisions of the hearing board and the Select
Committee on Ethics shall be confidential.
(d) Final decision of Select Committee on Ethics
The final decision of the Select Committee on Ethics under section
1208 of this title shall be made public if the decision is in favor of
the complaining Senate employee or if the decision reverses a decision
of the hearing board which had been in favor of the employee. The
Select Committee on Ethics may decide to release any other decision at
its discretion. In the absence of a proceeding under section 1208 of
this title, a decision of the hearing board that is favorable to the
employee shall be made public.
(e) Release of records for judicial review
The records and decisions of hearing boards, and the decisions of the
Select Committee on Ethics, may be made public if required for the
purpose of judicial review under section 1209 of this title.
(Pub. L. 102-166, title III, 313, Nov. 21, 1991, 105 Stat. 1095.)
02 USC 1214. Exercise of rulemaking power
TITLE 2 -- THE CONGRESS
The provisions of this chapter, except for sections 1209, 1219, 1220,
and 1221 of this title, are enacted by the Senate as an exercise of the
rulemaking power of the Senate, with full recognition of the right of
the Senate to change its rules, in the same manner, and to the same
extent, as in the case of any other rule of the Senate. Notwithstanding
any other provision of law, except as provided in section 1209 of this
title, enforcement and adjudication with respect to the discriminatory
practices prohibited by section 1202 of this title, and arising out of
Senate employment, shall be within the exclusive jurisdiction of the
United States Senate.
(Pub. L. 102-166, title III, 314, Nov. 21, 1991, 105 Stat. 1095.)
02 USC 1215. Political affiliation and place of residence
TITLE 2 -- THE CONGRESS
(a) In general
It shall not be a violation with respect to an employee described in
subsection (b) of this section to consider the --
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the employing office,
of such an employee with respect to employment decisions.
(b) ''Employee'' defined
For purposes of this section, the term ''employee'' means --
(1) an employee on the staff of the Senate leadership;
(2) an employee on the staff of a committee or subcommittee;
(3) an employee on the staff of a Member of the Senate;
(4) an officer or employee of the Senate elected by the Senate or
appointed by a Member, other than those described in paragraphs (1)
through (3); or
(5) an applicant for a position that is to be occupied by an
individual described in paragraphs (1) through (4).
(Pub. L. 102-166, title III, 316, Nov. 21, 1991, 105 Stat. 1095.)
02 USC 1216. Other review
TITLE 2 -- THE CONGRESS
No Senate employee may commence a judicial proceeding to redress
discriminatory practices prohibited under section 1202 of this title,
except as provided in this chapter.
(Pub. L. 102-166, title III, 317, Nov. 21, 1991, 105 Stat. 1096.)
02 USC 1217. Other instrumentalities of Congress
TITLE 2 -- THE CONGRESS
It is the sense of the Senate that legislation should be enacted to
provide the same or comparable rights and remedies as are provided under
this chapter to employees of instrumentalities of the Congress not
provided with such rights and remedies.
(Pub. L. 102-166, title III, 318, Nov. 21, 1991, 105 Stat. 1096.)
02 USC 1218. Rule XLII of Standing Rules of Senate
TITLE 2 -- THE CONGRESS
(a) Reaffirmation
The Senate reaffirms its commitment to Rule XLII of the Standing
Rules of the Senate, which provides as follows:
''No Member, officer, or employee of the Senate shall, with respect
to employment by the Senate or any office thereof --
''(a) fail or refuse to hire an individual;
''(b) discharge an individual; or
''(c) otherwise discriminate against an individual with respect to
promotion, compensation, or terms, conditions, or privileges of
employment
on the basis of such individual's race, color, religion, sex,
national origin, age, or state of physical handicap.''.
(b) Authority to discipline
Notwithstanding any provision of this chapter, including any
provision authorizing orders for remedies to Senate employees to redress
employment discrimination, the Select Committee on Ethics shall retain
full power, in accordance with its authority under Senate Resolution
338, 88th Congress, as amended, with respect to disciplinary action
against a Member, officer, or employee of the Senate for a violation of
Rule XLII.
(Pub. L. 102-166, title III, 319, Nov. 21, 1991, 105 Stat. 1096.)
Senate Resolution 338, 88th Congress, as amended, referred to in
subsec. (b), is not classified to the Code.
02 USC 1219. Coverage of Presidential appointees
TITLE 2 -- THE CONGRESS
(a) In general
(1) Application
The rights, protections, and remedies provided pursuant to section
1202 and 1207(h) of this title shall apply with respect to employment of
Presidential appointees.
(2) Enforcement by administrative action
Any Presidential appointee may file a complaint alleging a violation,
not later than 180 days after the occurrence of the alleged violation,
with the Equal Employment Opportunity Commission, or such other entity
as is designated by the President by Executive Order, which, in
accordance with the principles and procedures set forth in sections 554
through 557 of title 5, shall determine whether a violation has occurred
and shall set forth its determination in a final order. If the Equal
Employment Opportunity Commission, or such other entity as is designated
by the President pursuant to this section, determines that a violation
has occurred, the final order shall also provide for appropriate relief.
(3) Judicial review
(A) In general
Any party aggrieved by a final order under paragraph (2) may petition
for review by the United States Court of Appeals for the Federal
Circuit.
(B) Law applicable
Chapter 158 of title 28 shall apply to a review under this section
except that the Equal Employment Opportunity Commission or such other
entity as the President may designate under paragraph (2) shall be an
''agency'' as that term is used in chapter 158 of title 28.
(C) Standard of review
To the extent necessary to decision and when presented, the reviewing
court shall decide all relevant questions of law and interpret
constitutional and statutory provisions. The court shall set aside a
final order under paragraph (2) if it is determined that the order was
--
(i) arbitrary, capricious, an abuse of discretion, or otherwise not
consistent with law;
(ii) not made consistent with required procedures; or
(iii) unsupported by substantial evidence.
In making the foregoing determinations, the court shall review the
whole record or those parts of it cited by a party, and due account
shall be taken of the rule of prejudicial error.
(D) Attorney's fees
If the presidential appointee is the prevailing party in a proceeding
under this section, attorney's fees may be allowed by the court in
accordance with the standards prescribed under section 2000e-5(k) of
title 42.
(b) Presidential appointee
For purposes of this section, the term ''Presidential appointee''
means any officer or employee, or an applicant seeking to become an
officer or employee, in any unit of the Executive Branch, including the
Executive Office of the President, whether appointed by the President or
by any other appointing authority in the Executive Branch, who is not
already entitled to bring an action under any of the statutes referred
to in section 1202 of this title but does not include any individual --
(1) whose appointment is made by and with the advice and consent of
the Senate;
(2) who is appointed to an advisory committee, as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.); or
(3) who is a member of the uniformed services.
(Pub. L. 102-166, title III, 320, Nov. 21, 1991, 105 Stat. 1096.)
The Federal Advisory Committee Act, referred to in subsec. (b)(2), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
02 USC 1220. Coverage of previously exempt State employees
TITLE 2 -- THE CONGRESS
(a) Application
The rights, protections, and remedies provided pursuant to section
1202 and 1207(h) of this title shall apply with respect to employment of
any individual chosen or appointed, by a person elected to public office
in any State or political subdivision of any State by the qualified
voters thereof --
(1) to be a member of the elected official's personal staff;
(2) to serve the elected official on the policymaking level; or
(3) to serve the elected official as an immediate advisor with
respect to the exercise of the constitutional or legal powers of the
office.
(b) Enforcement by administrative action
(1) In general
Any individual referred to in subsection (a) of this section may file
a complaint alleging a violation, not later than 180 days after the
occurrence of the alleged violation, with the Equal Employment
Opportunity Commission, which, in accordance with the principles and
procedures set forth in sections 554 through 557 of title 5, shall
determine whether a violation has occurred and shall set forth its
determination in a final order. If the Equal Employment Opportunity
Commission determines that a violation has occurred, the final order
shall also provide for appropriate relief.
(2) Referral to State and local authorities
(A) Application
Section 2000e-5(d) of title 42 shall apply with respect to any
proceeding under this section.
(B) Definition
For purposes of the application described in subparagraph (A), the
term ''any charge filed by a member of the Commission alleging an
unlawful employment practice'' means a complaint filed under this
section.
(c) Judicial review
Any party aggrieved by a final order under subsection (b) of this
section may obtain a review of such order under chapter 158 of title 28.
For the purpose of this review, the Equal Employment Opportunity
Commission shall be an ''agency'' as that term is used in chapter 158 of
title 28.
(d) Standard of review
To the extent necessary to decision and when presented, the reviewing
court shall decide all relevant questions of law and interpret
constitutional and statutory provisions. The court shall set aside a
final order under subsection (b) of this section if it is determined
that the order was --
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall review the
whole record or those parts of it cited by a party, and due account
shall be taken of the rule of prejudicial error.
(e) Attorney's fees
If the individual referred to in subsection (a) of this section is
the prevailing party in a proceeding under this subsection, attorney's
fees may be allowed by the court in accordance with the standards
prescribed under section 2000e-5(k) of title 42.
(Pub. L. 102-166, title III, 321, Nov. 21, 1991, 105 Stat. 1097.)
02 USC 1221. Severability
TITLE 2 -- THE CONGRESS
Notwithstanding section 401 of this Act, if any provision of section
1209 or 1219(a)(3) of this title is invalidated, both sections 1209 and
1219(a)(3) of this title shall have no force and effect.
(Pub. L. 102-166, title III, 322, Nov. 21, 1991, 105 Stat. 1098.)
Section 401 of this Act, referred to in text, is section 401 of Pub.
L. 102-166, which is set out as a note under section 1981 of Title 42,
The Public Health and Welfare.
Invalidation of any provision, amendment, or application of Pub. L.
102-166 not to affect remaining provisions, amendments, and
applications, see section 401 of Pub. L. 102-166, set out as a note
under section 1981 of Title 42, The Public Health and Welfare.
02 USC 1222. Payments by President or Member of Senate
TITLE 2 -- THE CONGRESS
The President or a Member of the Senate shall reimburse the
appropriate Federal account for any payment made on his or her behalf
out of such account for a violation committed under the provisions of
this chapter by the President or Member of the Senate not later than 60
days after the payment is made.
(Pub. L. 102-166, title III, 323, Nov. 21, 1991, 105 Stat. 1098.)
02 USC 1223. Reports of Senate committees
TITLE 2 -- THE CONGRESS
(a) Each report accompanying a bill or joint resolution of a public
character reported by any committee of the Senate (except the Committee
on Appropriations and the Committee on the Budget) shall contain a
listing of the provisions of the bill or joint resolution that apply to
Congress and an evaluation of the impact of such provisions on Congress.
(b) The provisions of this section are enacted by the Senate as an
exercise of the rulemaking power of the Senate, with full recognition of
the right of the Senate to change its rules, in the same manner, and to
the same extent, as in the case of any other rule of the Senate.
(Pub. L. 102-166, title III, 324, Nov. 21, 1991, 105 Stat. 1099.)
02 USC 1224. Intervention and expedited review of certain appeals
TITLE 2 -- THE CONGRESS
(a) Intervention
Because of the constitutional issues that may be raised by section
1209 of this title and section 1219 of this title, any Member of the
Senate may intervene as a matter of right in any proceeding under
section 1209 of this title for the sole purpose of determining the
constitutionality of such section.
(b) Threshold matter
In any proceeding under section 1209 of this title or section 1219 of
this title, the United States Court of Appeals for the Federal Circuit
shall determine any issue presented concerning the constitutionality of
such section as a threshold matter.
(c) Appeal
(1) In general
An appeal may by taken directly to the Supreme Court of the United
States from any interlocutory or final judgment, decree, or order issued
by the United States Court of Appeals for the Federal Circuit ruling
upon the constitutionality of section 1209 or 1219 of this title.
(2) Jurisdiction
The Supreme Court shall, if it has not previously ruled on the
question, accept jurisdiction over the appeal referred to in paragraph
(1), advance the appeal on the docket and expedite the appeal to the
greatest extent possible.
(Pub. L. 102-166, title III, 325, Nov. 21, 1991, 105 Stat. 1099.)
03 USC
TITLE 3 -- THE PRESIDENT
03 USC TITLE 3 -- THE PRESIDENT
TITLE 3 -- THE PRESIDENT
1, 62 Stat. 672
Chap. Sec.
1. Presidential Elections and Vacancies 1
2. Office and Compensation of President 101
3. Protection of the President; the White House Police /1/ 201
4. Delegation of Functions 301
1951 -- Act Oct. 31, 1951, ch. 655, 4, 65 Stat. 711, added heading
of chapter 4.
This title has been made positive law by section 1 of act June 25,
1948, ch. 644, 62 Stat. 672, which provided in part that: ''Title 3
of the United States Code, entitled 'The President', is codified and
enacted into positive law and may be cited as '3 U. S. C., -- .'''
Section 2 of act June 25, 1948, provided that: ''The provisions of
title 3, 'The President', set out in section 1 of this Act, shall be
construed as a continuation of existing law and no loss of rights,
interruption of jurisdiction, nor prejudice to matters pending on the
effective date of this Act shall result from its enactment.''
Section 3 of act June 25, 1948, provided that the sections or parts
thereof of the Statutes at Large or the Revised Statutes covering
provisions codified in this Act are repealed insofar as the provisions
appeared in former Title 3, and provided that any rights or liabilities
now existing under the repealed sections or parts thereof shall not be
affected by the repeal.
Former sections 21 and 22 relating to performance of presidential
duties in absence of both the President and Vice President were repealed
by act July 18, 1947, ch. 264, 1(g), 61 Stat. 381.
/1/ Chapter heading amended by Pub. L. 95-179 without a
corresponding amendment of chapter analysis.
03 USC CHAPTER 1 -- PRESIDENTIAL ELECTIONS AND VACANCIES
TITLE 3 -- THE PRESIDENT
Sec.
1. Time of appointing electors.
2. Failure to make choice on prescribed day.
3. Number of electors.
4. Vacancies in electoral college.
5. Determination of controversy as to appointment of electors.
6. Credentials of electors; transmission to Archivist of the United
States and to Congress; public inspection.
7. Meeting and vote of electors.
8. Manner of voting.
9. Certificates of votes for President and Vice President.
10. Sealing and endorsing certificates.
11. Disposition of certificates.
12. Failure of certificates of electors to reach President of Senate
or Archivist of the United States; demand on State for certificate.
/1/
13. Same; demand on district judge for certificate.
14. Forfeiture for messenger's neglect of duty.
15. Counting electoral votes in Congress.
16. Same; seats for officers and Members of two Houses in joint
meeting.
17. Same; limit of debate in each House.
18. Same; parliamentary procedure at joint meeting.
19. Vacancy in offices of both President and Vice President;
officers eligible to act.
20. Resignation or refusal of office.
21. Definitions.
1984 -- Pub. L. 98-497, title I, 107(e)(3), Oct. 19, 1984, 98 Stat.
2292, substituted ''Archivist of the United States'' for
''Administrator of General Services'' in items 6 and 12.
1961 -- Pub. L. 87-389, 2(b), Oct. 4, 1961, 75 Stat. 820, added
item 21.
1951 -- Act Oct. 31, 1951, ch. 655, 5, 65 Stat. 711, substituted
''Administrator of General Services'' for ''Secretary of State'' in
items 6 and 12.
Disclosure of Federal campaign funds and general provisions, see
section 431 et seq. of Title 2, The Congress.
/1/ So in original. Does not conform to section catchline.
03 USC 1. Time of appointing electors
TITLE 3 -- THE PRESIDENT
The electors of President and Vice President shall be appointed, in
each State, on the Tuesday next after the first Monday in November, in
every fourth year succeeding every election of a President and Vice
President.
(June 25, 1948, ch. 644, 62 Stat. 672.)
Time of choosing electors, see Const. Art. 2, 1, cl. 3.
03 USC 2. Failure to make choice on prescribed day
TITLE 3 -- THE PRESIDENT
Whenever any State has held an election for the purpose of choosing
electors, and has failed to make a choice on the day prescribed by law,
the electors may be appointed on a subsequent day in such a manner as
the legislature of such State may direct.
(June 25, 1948, ch. 644, 62 Stat. 672.)
03 USC 3. Number of electors
TITLE 3 -- THE PRESIDENT
The number of electors shall be equal to the number of Senators and
Representatives to which the several States are by law entitled at the
time when the President and Vice President to be chosen come into
office; except, that where no apportionment of Representatives has been
made after any enumeration, at the time of choosing electors, the number
of electors shall be according to the then existing apportionment of
Senators and Representatives.
(June 25, 1948, ch. 644, 62 Stat. 672.)
03 USC 4. Vacancies in electoral college
TITLE 3 -- THE PRESIDENT
Each State may, by law, provide for the filling of any vacancies
which may occur in its college of electors when such college meets to
give its electoral vote.
(June 25, 1948, ch. 644, 62 Stat. 673.)
03 USC 5. Determination of controversy as to appointment of electors
TITLE 3 -- THE PRESIDENT
If any State shall have provided, by laws enacted prior to the day
fixed for the appointment of the electors, for its final determination
of any controversy or contest concerning the appointment of all or any
of the electors of such State, by judicial or other methods or
procedures, and such determination shall have been made at least six
days before the time fixed for the meeting of the electors, such
determination made pursuant to such law so existing on said day, and
made at least six days prior to said time of meeting of the electors,
shall be conclusive, and shall govern in the counting of the electoral
votes as provided in the Constitution, and as hereinafter regulated, so
far as the ascertainment of the electors appointed by such State is
concerned.
(June 25, 1948, ch. 644, 62 Stat. 673.)
03 USC 6. Credentials of electors; transmission to Archivist of the
United States and to Congress; public inspection
TITLE 3 -- THE PRESIDENT
It shall be the duty of the executive of each State, as soon as
practicable after the conclusion of the appointment of the electors in
such State by the final ascertainment, under and in pursuance of the
laws of such State providing for such ascertainment, to communicate by
registered mail under the seal of the State to the Archivist of the
United States a certificate of such ascertainment of the electors
appointed, setting forth the names of such electors and the canvass or
other ascertainment under the laws of such State of the number of votes
given or cast for each person for whose appointment any and all votes
have been given or cast; and it shall also thereupon be the duty of the
executive of each State to deliver to the electors of such State, on or
before the day on which they are required by section 7 of this title to
meet, six duplicate-originals of the same certificate under the seal of
the State; and if there shall have been any final determination in a
State in the manner provided for by law of a controversy or contest
concerning the appointment of all or any of the electors of such State,
it shall be the duty of the executive of such State, as soon as
practicable after such determination, to communicate under the seal of
the State to the Archivist of the United States a certificate of such
determination in form and manner as the same shall have been made; and
the certificate or certificates so received by the Archivist of the
United States shall be preserved by him for one year and shall be a part
of the public records of his office and shall be open to public
inspection; and the Archivist of the United States at the first meeting
of Congress thereafter shall transmit to the two Houses of Congress
copies in full of each and every such certificate so received at the
National Archives and Records Administration.
(June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, 6, 65
Stat. 711; Oct. 19, 1984, Pub. L. 98-497, title I, 107(e)(1), (2)( A),
98 Stat. 2291.)
1984 -- Pub. L. 98-497 substituted ''Archivist of the United
States'' for ''Administrator of General Services'' in section catchline
and wherever appearing in text and ''National Archives and Records
Administration'' for ''General Services Administration''.
1951 -- Act Oct. 31, 1951, substituted ''Administrator of General
Services'' for ''Secretary of State'' in section catchline and several
places in text, and for ''Secretary of State of the United States'' in
one place, and ''General Services Administration'' for ''State
Department''.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
03 USC 7. Meeting and vote of electors
TITLE 3 -- THE PRESIDENT
The electors of President and Vice President of each State shall meet
and give their votes on the first Monday after the second Wednesday in
December next following their appointment at such place in each State as
the legislature of such State shall direct.
(June 25, 1948, ch. 644, 62 Stat. 673.)
Day of voting by electors, see Const. Art. II, 1, cl. 3.
Voting by electors, see Const. Amend. XII.
03 USC 8. Manner of voting
TITLE 3 -- THE PRESIDENT
The electors shall vote for President and Vice President,
respectively, in the manner directed by the Constitution.
(June 25, 1948, ch. 644, 62 Stat. 674.)
03 USC 9. Certificates of votes for President and Vice President
TITLE 3 -- THE PRESIDENT
The electors shall make and sign six certificates of all the votes
given by them, each of which certificates shall contain two distinct
lists, one of the votes for President and the other of the votes for
Vice President, and shall annex to each of the certificates one of the
lists of the electors which shall have been furnished to them by
direction of the executive of the State.
(June 25, 1948, ch. 644, 62 Stat. 674.)
03 USC 10. Sealing and endorsing certificates
TITLE 3 -- THE PRESIDENT
The electors shall seal up the certificates so made by them, and
certify upon each that the lists of all the votes of such State given
for President, and of all the votes given for Vice President, are
contained therein.
(June 25, 1948, ch. 644, 62 Stat. 674.)
03 USC 11. Disposition of certificates
TITLE 3 -- THE PRESIDENT
The electors shall dispose of the certificates so made by them and
the lists attached thereto in the following manner:
First. They shall forthwith forward by registered mail one of the
same to the President of the Senate at the seat of government.
Second. Two of the same shall be delivered to the secretary of state
of the State, one of which shall be held subject to the order of the
President of the Senate, the other to be preserved by him for one year
and shall be a part of the public records of his office and shall be
open to public inspection.
Third. On the day thereafter they shall forward by registered mail
two of such certificates and lists to the Archivist of the United States
at the seat of government, one of which shall be held subject to the
order of the President of the Senate. The other shall be preserved by
the Archivist of the United States for one year and shall be a part of
the public records of his office and shall be open to public inspection.
Fourth. They shall forthwith cause the other of the certificates and
lists to be delivered to the judge of the district in which the electors
shall have assembled.
(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, 7, 65
Stat. 712; Oct. 19, 1984, Pub. L. 98-497, title I, 107(e)(1), 98 Stat.
2291.)
1984 -- Pub. L. 98-497 substituted ''Archivist of the United
States'' for ''Administrator of General Services'' two places in par.
''Third''.
1951 -- Act Oct. 31, 1951, substituted ''Administrator of General
Services'' for ''Secretary of State'' two places in par. ''Third''.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
03 USC 12. Failure of certificates of electors to reach President of
the Senate or Archivist of the United States; demand on State for
certificate
TITLE 3 -- THE PRESIDENT
When no certificate of vote and list mentioned in sections 9 and 11
of this title from any State shall have been received by the President
of the Senate or by the Archivist of the United States by the fourth
Wednesday in December, after the meeting of the electors shall have been
held, the President of the Senate or, if he be absent from the seat of
government, the Archivist of the United States shall request, by the
most expeditious method available, the secretary of state of the State
to send up the certificate and list lodged with him by the electors of
such State; and it shall be his duty upon receipt of such request
immediately to transmit same by registered mail to the President of the
Senate at the seat of government.
(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, 8, 65
Stat. 712; Oct. 19, 1984, Pub. L. 98-497, title I, 107(e)(1), (2)( B),
98 Stat. 2291.)
1984 -- Pub. L. 98-497 substituted ''Archivist of the United
States'' for ''Administrator of General Services'' in section catchline
and two places in text.
1951 -- Act Oct. 31, 1951, substituted ''Administrator of General
Services'' for ''Secretary of State'' in section catchline and two
places in text.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
03 USC 13. Same; demand on district judge for certificate
TITLE 3 -- THE PRESIDENT
When no certificates of votes from any State shall have been received
at the seat of government on the fourth Wednesday in December, after the
meeting of the electors shall have been held, the President of the
Senate or, if he be absent from the seat of government, the Archivist of
the United States shall send a special messenger to the district judge
in whose custody one certificate of votes from that State has been
lodged, and such judge shall forthwith transmit that list by the hand of
such messenger to the seat of government.
(June 25, 1948, ch. 644, 62 Stat. 674; Oct. 31, 1951, ch. 655, 9, 65
Stat. 712; Oct. 19, 1984, Pub. L. 98-497, title I, 107(e)(1), 98 Stat.
2291.)
1984 -- Pub. L. 98-497 substituted ''Archivist of the United
States'' for ''Administrator of General Services''.
1951 -- Act Oct. 31, 1951, substituted ''Administrator of General
Services'' for ''Secretary of State''.
Amendment by Pub. L. 98-497 effective Apr. 1, 1985, see section 301
of Pub. L. 98-497, set out as a note under section 2102 of Title 44,
Public Printing and Documents.
03 USC 14. Forfeiture for messenger's neglect of duty
TITLE 3 -- THE PRESIDENT
Every person who, having been appointed, pursuant to section 13 of
this title, to deliver the certificates of the votes of the electors to
the President of the Senate, and having accepted such appointment, shall
neglect to perform the services required from him, shall forfeit the sum
of $1,000.
(June 25, 1948, ch. 644, 62 Stat. 675.)
03 USC 15. Counting electoral votes in Congress
TITLE 3 -- THE PRESIDENT
Congress shall be in session on the sixth day of January succeeding
every meeting of the electors. The Senate and House of Representatives
shall meet in the Hall of the House of Representatives at the hour of 1
o'clock in the afternoon on that day, and the President of the Senate
shall be their presiding officer. Two tellers shall be previously
appointed on the part of the Senate and two on the part of the House of
Representatives, to whom shall be handed, as they are opened by the
President of the Senate, all the certificates and papers purporting to
be certificates of the electoral votes, which certificates and papers
shall be opened, presented, and acted upon in the alphabetical order of
the States, beginning with the letter A; and said tellers, having then
read the same in the presence and hearing of the two Houses, shall make
a list of the votes as they shall appear from the said certificates;
and the votes having been ascertained and counted according to the rules
in this subchapter provided, the result of the same shall be delivered
to the President of the Senate, who shall thereupon announce the state
of the vote, which announcement shall be deemed a sufficient declaration
of the persons, if any, elected President and Vice President of the
United States, and, together with a list of the votes, be entered on the
Journals of the two Houses. Upon such reading of any such certificate
or paper, the President of the Senate shall call for objections, if any.
Every objection shall be made in writing, and shall state clearly and
concisely, and without argument, the ground thereof, and shall be signed
by at least one Senator and one Member of the House of Representatives
before the same shall be received. When all objections so made to any
vote or paper from a State shall have been received and read, the Senate
shall thereupon withdraw, and such objections shall be submitted to the
Senate for its decision; and the Speaker of the House of
Representatives shall, in like manner, submit such objections to the
House of Representatives for its decision; and no electoral vote or
votes from any State which shall have been regularly given by electors
whose appointment has been lawfully certified to according to section 6
of this title from which but one return has been received shall be
rejected, but the two Houses concurrently may reject the vote or votes
when they agree that such vote or votes have not been so regularly given
by electors whose appointment has been so certified. If more than one
return or paper purporting to be a return from a State shall have been
received by the President of the Senate, those votes, and those only,
shall be counted which shall have been regularly given by the electors
who are shown by the determination mentioned in section 5 of this title
to have been appointed, if the determination in said section provided
for shall have been made, or by such successors or substitutes, in case
of a vacancy in the board of electors so ascertained, as have been
appointed to fill such vacancy in the mode provided by the laws of the
State; but in case there shall arise the question which of two or more
of such State authorities determining what electors have been appointed,
as mentioned in section 5 of this title, is the lawful tribunal of such
State, the votes regularly given of those electors, and those only, of
such State shall be counted whose title as electors the two Houses,
acting separately, shall concurrently decide is supported by the
decision of such State so authorized by its law; and in such case of
more than one return or paper purporting to be a return from a State, if
there shall have been no such determination of the question in the State
aforesaid, then those votes, and those only, shall be counted which the
two Houses shall concurrently decide were cast by lawful electors
appointed in accordance with the laws of the State, unless the two
Houses, acting separately, shall concurrently decide such votes not to
be the lawful votes of the legally appointed electors of such State.
But if the two Houses shall disagree in respect of the counting of such
votes, then, and in that case, the votes of the electors whose
appointment shall have been certified by the executive of the State,
under the seal thereof, shall be counted. When the two Houses have
voted, they shall immediately again meet, and the presiding officer
shall then announce the decision of the questions submitted. No votes
or papers from any other State shall be acted upon until the objections
previously made to the votes or papers from any State shall have been
finally disposed of.
(June 25, 1948, ch. 644, 62 Stat. 675.)
1989 -- Pub. L. 100-646, Nov. 9, 1988, 102 Stat. 3341, provided:
''That in carrying out the procedure set forth in section 15 of title,
3, United States Code, for 1989, 'the fourth day of January' shall be
substituted for 'the sixth day of January' in the first sentence of such
section.''
1985 -- Pub. L. 98-456, Oct. 9, 1984, 98 Stat. 1748, provided:
''That, in carrying out the procedure set forth in section 15 of title
3, United States Code, for 1985, 'the seventh day of January' shall be
substituted for 'the sixth day of January' in the first sentence of such
section.''
03 USC 16. Same; seats for officers and Members of two Houses in joint
meeting
TITLE 3 -- THE PRESIDENT
At such joint meeting of the two Houses seats shall be provided as
follows: For the President of the Senate, the Speaker's chair; for the
Speaker, immediately upon his left; the Senators, in the body of the
Hall upon the right of the presiding officer; for the Representatives,
in the body of the Hall not provided for the Senators; for the tellers,
Secretary of the Senate, and Clerk of the House of Representatives, at
the Clerk's desk; for the other officers of the two Houses, in front of
the Clerk's desk and upon each side of the Speaker's platform. Such
joint meeting shall not be dissolved until the count of electoral votes
shall be completed and the result declared; and no recess shall be
taken unless a question shall have arisen in regard to counting any such
votes, or otherwise under this subchapter, in which case it shall be
competent for either House, acting separately, in the manner
hereinbefore provided, to direct a recess of such House not beyond the
next calendar day, Sunday excepted, at the hour of 10 o'clock in the
forenoon. But if the counting of the electoral votes and the
declaration of the result shall not have been completed before the fifth
calendar day next after such first meeting of the two Houses, no further
or other recess shall be taken by either House.
(June 25, 1948, ch. 644, 62 Stat. 676.)
03 USC 17. Same; limit of debate in each House
TITLE 3 -- THE PRESIDENT
When the two Houses separate to decide upon an objection that may
have been made to the counting of any electoral vote or votes from any
State, or other question arising in the matter, each Senator and
Representative may speak to such objection or question five minutes, and
not more than once; but after such debate shall have lasted two hours
it shall be the duty of the presiding officer of each House to put the
main question without further debate.
(June 25, 1948, ch. 644, 62 Stat. 676.)
03 USC 18. Same; parliamentary procedure at joint meeting
TITLE 3 -- THE PRESIDENT
While the two Houses shall be in meeting as provided in this chapter,
the President of the Senate shall have power to preserve order; and no
debate shall be allowed and no question shall be put by the presiding
officer except to either House on a motion to withdraw.
(June 25, 1948, ch. 644, 62 Stat. 676; Sept. 3, 1954, ch. 1263, 3,
68 Stat. 1227.)
1954 -- Act Sept. 3, 1954, substituted ''chapter'' for
''subchapter''.
03 USC 19. Vacancy in offices of both President and Vice President;
officers eligible to act
TITLE 3 -- THE PRESIDENT
(a)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is neither a President nor Vice
President to discharge the powers and duties of the office of President,
then the Speaker of the House of Representatives shall, upon his
resignation as Speaker and as Representative in Congress, act as
President.
(2) The same rule shall apply in the case of the death, resignation,
removal from office, or inability of an individual acting as President
under this subsection.
(b) If, at the time when under subsection (a) of this section a
Speaker is to begin the discharge of the powers and duties of the office
of President, there is no Speaker, or the Speaker fails to qualify as
Acting President, then the President pro tempore of the Senate shall,
upon his resignation as President pro tempore and as Senator, act as
President.
(c) An individual acting as President under subsection (a) or
subsection (b) of this section shall continue to act until the
expiration of the then current Presidential term, except that --
(1) if his discharge of the powers and duties of the office is
founded in whole or in part on the failure of both the President-elect
and the Vice-President-elect to qualify, then he shall act only until a
President or Vice President qualifies; and
(2) if his discharge of the powers and duties of the office is
founded in whole or in part on the inability of the President or Vice
President, then he shall act only until the removal of the disability of
one of such individuals.
(d)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is no President pro tempore to
act as President under subsection (b) of this section, then the officer
of the United States who is highest on the following list, and who is
not under disability to discharge the powers and duties of the office of
President shall act as President: Secretary of State, Secretary of the
Treasury, Secretary of Defense, Attorney General, Secretary of the
Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of
Labor, Secretary of Health and Human Services, Secretary of Housing and
Urban Development, Secretary of Transportation, Secretary of Energy,
Secretary of Education, Secretary of Veterans Affairs.
(2) An individual acting as President under this subsection shall
continue so to do until the expiration of the then current Presidential
term, but not after a qualified and prior-entitled individual is able to
act, except that the removal of the disability of an individual higher
on the list contained in paragraph (1) of this subsection or the ability
to qualify on the part of an individual higher on such list shall not
terminate his service.
(3) The taking of the oath of office by an individual specified in
the list in paragraph (1) of this subsection shall be held to constitute
his resignation from the office by virtue of the holding of which he
qualifies to act as President.
(e) Subsections (a), (b), and (d) of this section shall apply only to
such officers as are eligible to the office of President under the
Constitution. Subsection (d) of this section shall apply only to
officers appointed, by and with the advice and consent of the Senate,
prior to the time of the death, resignation, removal from office,
inability, or failure to qualify, of the President pro tempore, and only
to officers not under impeachment by the House of Representatives at the
time the powers and duties of the office of President devolve upon them.
(f) During the period that any individual acts as President under
this section, his compensation shall be at the rate then provided by law
in the case of the President.
(June 25, 1948, ch. 644, 62 Stat. 677; Sept. 9, 1965, Pub. L.
89-174, 6(a), 79 Stat. 669; Oct. 15, 1966, Pub. L. 89-670, 10(a), 80
Stat. 948; Aug. 12, 1970, Pub. L. 91-375, 6(b), 84 Stat. 775; Aug. 4,
1977, Pub. L. 95-91, title VII, 709(g), 91 Stat. 609; Oct. 17, 1979,
Pub. L. 96-88, title V, 508(a), 93 Stat. 692; Oct. 25, 1988, Pub. L.
100-527, 13(a), 102 Stat. 2643.)
1988 -- Subsec. (d)(1). Pub. L. 100-527 inserted reference to
Secretary of Veterans Affairs.
1979 -- Subsec. (d)(1). Pub. L. 96-88 substituted ''Secretary of
Health and Human Services'' for ''Secretary of Health, Education, and
Welfare'' and inserted reference to Secretary of Education.
1977 -- Subsec. (d)(1). Pub. L. 95-91 inserted reference to
Secretary of Energy.
1970 -- Subsec. (d)(1). Pub. L. 91-375 struck out ''Postmaster
General,'' after ''Attorney General,''.
1966 -- Subsec. (d)(1). Pub. L. 89-670 inserted reference to
Secretary of Transportation.
1965 -- Subsec. (d)(1). Pub. L. 89-174 inserted reference to
Secretary of Health, Education, and Welfare and Secretary of Housing and
Urban Development.
Amendment by Pub. L. 100-527 effective Mar. 15, 1989, see section
18(a) of Pub. L. 100-527, set out as a Department of Veterans Affairs
Act note under section 201 of Title 38, Veterans' Benefits.
Amendment by Pub. L. 96-88 effective May 4, 1980, with specified
exceptions, see section 601 of Pub. L. 96-88, set out as an Effective
Date note under section 3401 of Title 20, Education.
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 16(a), formerly section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal Service.
Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed
by President and published in Federal Register, see section 16(a),
formerly 15(a), of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30,
1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49,
Appendix, Transportation.
Amendment by Pub. L. 89-174 effective upon expiration of first
period of sixty calendar days following Sept. 9, 1965 or on earlier
date specified by Executive order, see section 11(a) of Pub. L. 89-174
set out as an Effective Date note under section 3531 of Title 42, The
Public Health and Welfare.
03 USC 20. Resignation or refusal of office
TITLE 3 -- THE PRESIDENT
The only evidence of a refusal to accept, or of a resignation of the
office of President or Vice President, shall be an instrument in
writing, declaring the same, and subscribed by the person refusing to
accept or resigning, as the case may be, and delivered into the office
of the Secretary of State.
(June 25, 1948, ch. 644, 62 Stat. 678.)
For protection and preservation of tape recordings of conversations
involving former President Richard M. Nixon, see sections 101 to 106 of
Pub. L. 93-526, set out as a note under section 2107 of Title 44,
Public Printing and Documents.
03 USC 21. Definitions
TITLE 3 -- THE PRESIDENT
As used in this chapter the term --
(a) ''State'' includes the District of Columbia.
(b) ''executives of each State'' includes the Board of Commissioners
of the District of Columbia.
(Added Pub. L. 87-389, 2(a), Oct. 4, 1961, 75 Stat. 820.)
Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff.
Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of
Board of Commissioners of District of Columbia transferred to
Commissioner of District of Columbia by section 401 of Reorg. Plan No.
3 of 1967. Office of Commissioner of District of Columbia, as
established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan.
2, 1975, by Pub. L. 93-198, title VII, 711, Dec. 24, 1973, 87 Stat.
818, and replaced by office of Mayor of District of Columbia by section
421 of Pub. L. 93-198, classified to section 1-241 of the District of
Columbia Code.
03 USC
TITLE 3 -- THE PRESIDENT
03 USC CHAPTER 2 -- OFFICE AND COMPENSATION OF PRESIDENT
TITLE 3 -- THE PRESIDENT
Sec.
101. Commencement of term of office.
102. Compensation of the President.
103. Traveling expenses.
104. Salary of the Vice President.
105. Assistance and services for the President.
106. Assistance and services for the Vice President.
107. Domestic Policy Staff and Office of Administration;
personnel.
108. Assistance to the President for unanticipated needs.
109. Public property in and belonging to the Executive Residence at
the White House.
110. Furniture for the Executive Residence at the White House.
111. Expense allowance of Vice President.
112. Detail of employees of executive departments.
113. Personnel report.
114. General pay limitation.
1978 -- Pub. L. 95-570, 1(b), 2(b), 3(b), 5(b)(2), (c)(2), Nov. 2,
1978, 92 Stat. 2447, 2449, 2450, 2451, substituted in item 105
''Assistance and services for the President'' for ''Compensation of
secretaries and executive, administrative, and staff assistants to
President''; in item 106 ''Assistance and services for the Vice
President'' for ''Administrative assistants''; in item 107 ''Domestic
Policy Staff and Office of Administration; personnel'' for ''Detail of
employees of executive departments to office of President''; in item
108 ''Assistance to the President for unanticipated needs'' for
''Accommodations for vehicles''; and in item 109 ''the Executive
Residence at the White House'' for ''Executive Mansion''; inserted in
item 110 ''the Executive Residence at the'' before ''White House''; and
added items 112, 113 and 114.
97-195, 1(c)(5), June 16, 1982, 96 Stat. 115
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, July 15, 1977, /1/ pursuant to
the provisions of Chapter 9 of Title 5 of the United States Code.
The Domestic Council staff is hereby designated the Domestic Policy
Staff and shall consist of such staff personnel as are determined by the
President to be necessary to assure that the needs of the President for
prompt and comprehensive advice are met with respect to matters of
economic and domestic policy. The staff shall continue to be headed by
an Executive Director who shall be an Assistant to the President,
designated by the President, as provided in Section 203 of
Reorganization Plan No. 2 of 1970 (set out in Title 5, Appendix). The
Executive Director shall perform such functions as the President may
from time to time direct.
There is hereby established in the Executive Office of the President
the Office of Administration which shall be headed by the President.
There shall be a Director of the Office of Administration. The Director
shall be appointed by the President and shall serve as chief
administrative officer of the Office of Administration. The President
is authorized to fix the compensation and duties of the Director.
The Office of Administration shall provide components of the
Executive Office of the President with such administrative services as
the President shall from time to time direct.
The following components of the Executive Office of the President are
hereby abolished:
A. The Domestic Council;
B. The Office of Drug Abuse Policy;
C. The Office of Telecommunications Policy; and
D. The Economic Opportunity Council.
There shall be in the Department of Commerce an Assistant Secretary
for Communications and Information who shall be appointed by the
President, by and with the advice and consent of the Senate. (As
amended Pub. L. 97-195, 1(c)(5), June 16, 1982, 96 Stat. 115.)
The following functions shall be transferred:
A. All functions vested in the Director of the Office of Science and
Technology Policy and in the Office of Science and Technology Policy
pursuant to sections 205(a)(2), 206 and 209 of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (Public Law
94-282; 90 Stat. 459) (42 U.S.C. 6614(a)(2), 6615 and 6618), are hereby
transferred to the Director of the National Science Foundation. The
Intergovernmental Science, Engineering, and Technology Advisory Panel,
the President's Committee on Science and Technology, and the Federal
Coordinating Council for Science, Engineering and Technology,
established in accordance with the provisions of Titles II, III, IV of
the National Science and Technology Policy, Organization, and Priorities
Act of 1976 (42 U.S.C. 6611 et seq., 6631 et seq., and 6651 et seq.),
are hereby abolished, and their functions transferred to the President.
B. Those functions of the Office of Telecommunications Policy and of
its Director relating to:
(1) the preparation of Presidential telecommunications policy options
including, but not limited to those related to the procurement and
management of Federal telecommunications systems, national security, and
emergency matters; and
(2) disposition of appeals from assignments of radio frequencies to
stations of the United States Government;
are hereby transferred to the President who may delegate such
functions within the Executive Office of the President as the President
may from time to time deem desirable. All other functions of the Office
of Telecommunications Policy and of its Director are hereby transferred
to the Secretary of Commerce who shall provide for the performance of
such functions.
C. The functions of the Office of Drug Abuse Policy and its Director
are hereby transferred to the President, who may delegate such functions
within the Executive Office of the President as the President may from
time to time deem desirable.
D. The functions of the Domestic Council are hereby transferred to
the President, who may delegate such functions within the Executive
Office of the President as the President may from time to time deem
desirable.
E. Those functions of the Council on Environmental Quality and the
Office of Environmental Quality relating to the evaluation provided for
by Section 11 of the Federal Nonnuclear Energy Research and Development
Act of 1974 (Public Law 93-577, 88 Stat. 1878) (42 U.S.C. 5910), are
hereby transferred to the Administrator of the Environmental Protection
Agency.
F. Those functions of the Office of Management and Budget and its
Director relating to the Committee Management Secretariat (Public Law
92-463, 86 Stat. 770, as amended by Public Law 94-409, 90 Stat. 1247)
(see section 7 of the Federal Advisory Committee Act, Pub. L. 92-463,
Oct. 6, 1972, 86 Stat. 774, as amended, set out in Title 5, Appendix)
are hereby transferred to the Administrator of General Services.
G. The functions of the Economic Opportunity Council are hereby
transferred to the President, who may delegate such functions within the
Executive Office of the President as the President may from time to time
deem desirable.
So much of the personnel, property, records, and unexpended balances
of appropriations, allocations and other funds employed, used, held,
available, or to be made available in connection with the functions
transferred under this Plan, as the Director of the Office of Management
and Budget shall determine, shall be transferred to the appropriate
department, agency, or component at such time or times as the Director
of the Office of Management and Budget shall provide, except that no
such unexpended balances transferred shall be used for purposes other
than those for which the appropriation was originally made. The
Director of the Office of Management and Budget shall provide for
terminating the affairs of all agencies abolished herein and for such
further measures and dispositions as such Director deems necessary to
effectuate the purposes of this Reorganization Plan.
This Reorganization Plan shall become effective at such time or times
on or before April 1, 1978, as the President shall specify, but not
sooner than the earliest time allowable under Section 906 of Title 5 of
the United States Code.
To the Congress of the United States:
I herewith transmit my plan for the Reorganization of the Executive
Office of the President (EOP), Reorganization Plan No. 1 of 1977. This
plan is the first of a series I intend to submit under the
reorganization authority vested in me by the Reorganization Act of 1977
(Public Law 95-17) (5 U.S.C. 901-912). It adheres to the purposes set
forth in Section 901(a) of the Act (5 U.S.C. 901(a)).
This plan in conjunction with the other steps I am taking will:
Eliminate seven of the seventeen units now within the EOP and modify
the rest. There were 19 units when I took office; the President's
Foreign Intelligence Advisory Board and the Economic Policy Board have
already been abolished. Thus with this plan I will have eliminated nine
of 19 EOP units.
Reduce EOP staffing by about 250 which includes the White House staff
reduction of 134 or 28 percent which I have already ordered.
Improve efficiency by centralizing administrative functions; and
Improve the process by which information is provided for Presidential
decisionmaking.
These recommendations arise from a careful, systematic study of the
EOP. They are based on the premise that the EOP exists to serve the
President and should be structured to meet his needs. They will reduce
waste and cost while improving the service the President, and the
nation, receive from the EOP.
The EOP now consists of the immediate White House Office, the Vice
President's Office, the Office of Management and Budget, and fourteen
other agencies. The EOP has a budget authority of about $80,000,000 and
1,712 full time employees.
The White House Office concentrates on close personal support
including policy and political advice and administrative and operational
services. The Office of the Vice President provides similar support to
him. OMB's primary mission is to develop and implement the budget; it
also carries out a number of management and reorganization activities.
Three EOP units have responsibility for policy development:
National Security Council.
Domestic Council.
Council on International Economic Policy.
The other 11 are more specialized offices that offer analysis and
advice, help develop policy in certain areas, or carry out special
projects. These are:
Council of Economic Advisers.
Council on Wage and Price Stability.
Office of the Special Representative for Trade Negotiations.
Council on Environmental Quality.
Office of Science and Technology Policy.
Office of Drug Abuse Policy.
Office of Telecommunications Policy.
Intelligence Oversight Board.
Federal Property Council.
Energy Resources Council.
Economic Opportunity Council.
To make the EOP more effective, four steps are necessary:
I. Strengthen management of policy issues.
II. Limit the EOP, wherever possible, to functions directly related
to the President's work.
III. Centralize administrative services.
IV. Reduce size of White House and EOP staffs.
Perhaps the most important function of the President's staff is to
make sure he has the wide variety of views and facts he needs to make
decisions. By building a more orderly system for collecting information
and advice, the President can make sure that he will hear all the views
he should -- and hear them in time. To better insure that this happens,
I am taking the following actions to:
Institute for domestic and economic issues, a system similar to the
Presidential Review Memorandum process currently used for National
Security issues.
Create a committee of Presidential advisers, chaired by the Vice
President, to set priorities among issues and oversee their staffing.
Assure that Presidential decision memoranda on policy issues are
coordinated with Cabinet and EOP advisers most involved with the issue.
Consolidate under the Staff Secretary the two current White House
paper circulation systems.
Appoint a group of advisers to review the decisionmaking process
periodically.
Give the Assistant to the President for Domestic Affairs and Policy
clear responsibility for managing the way in which domestic and most
economic policy issues are prepared for Presidential decision.
Assign follow-up responsibility for Presidential decisions as
follows: immediate follow-up will be handled by the NSC or Domestic
Policy Staff most directly involved in the issue; long term follow-up
on selected issues will be handled by the Assistant to the President for
Intergovernmental Relations.
These actions recognize that the White House and Executive Office
staff must use their proximity to the President to insure that the full
resources of the government and the public are brought to bear on
Presidential decisions in a timely fashion. It is my purpose in
instituting these changes to strengthen Cabinet participation in
Presidential decisions.
As the President's principal staff institution, there are several
major things the EOP must do:
Provide day-to-day operational support (e.g., scheduling,
appointments) and help the President communicate with the public, the
Congress, and the press.
Manage the budget and coordinate Administration positions on matters
before the Congress.
Manage the Presidential decisionmaking processes efficiently and
fairly, and bring the President the widest possible range of opinions.
Help the President: plan and set priorities; monitor and evaluate
progress toward achieving the President's objectives; understand and
resolve major conflicts among line subordinates; manage crises,
especially in national security matters.
In order to restructure the EOP around these basic functions, the
functions of seven units should be discontinued or transferred, and ten
units, including the White House Office, should be retained but
modified.
Seven units should be discontinued or their functions transferred.
These are:
1. Office of Drug Abuse Policy.
2. Office of Telecommunications Policy.
3. Council on International Economic Policy.
4. Federal Property Council.
5. Energy Resources Council.
6. Economic Opportunity Council.
7. Domestic Council.
The functions of the Office of Drug Abuse Policy (ODAP) can be
performed by a smaller staff reporting to a Presidential adviser in the
EOP. The Office itself will be discontinued.
Much of the work done by the Office of Telecommunications Policy
(OTP) can be more effectively performed outside the EOP. It is
important that the EOP have the capacity to resolve differences and that
the President have immediate advice on telecommunications and
information policy, especially on national security, emergency
preparedness and privacy issues. This only requires a small staff
within EOP. The Office of Management and Budget would take
responsibility for Federal telecommunications procurement and management
policy and arbitration of interagency disputes about frequency
allocation. All other functions except developing Presidential policy
options would be transferred to a new office within the Department of
Commerce, headed by a new Assistant Secretary for Communications and
Information, who will perform many of the functions previously performed
by the head of the OTP.
I propose that the Economic Opportunity Council be discontinued; it
is dormant and its only active function (preparation of the Catalogue of
Federal Domestic Assistance) is being performed by OMB. Three other
units are also inactive and should be discontinued: Council on
International Economic Policy, the Federal Property Council, and the
Energy Resources Council.
The Domestic Council should be abolished. It has rarely functioned
as a Council, because it is too large and its membership too diverse to
make decisions efficiently. Its functions have been performed entirely
by its staff. This Domestic Policy Staff should report to the Assistant
to the President for Domestic Affairs and Policy. Under the policy
process system described earlier, they should manage the process which
coordinates the making of domestic and most economic policy. They should
work closely with the Cabinet departments and agencies to insure that
the views of the Cabinet and agency heads are brought to the President
before decisions are made.
The ten EOP units which will continue with some modification are:
1. White House Office.
2. Office of the Vice President.
3. Office of Management and Budget.
4. Council on Environmental Quality.
5. Council of Economic Advisers.
6. Office of Science and Technology Policy.
7. Office of the Special Representative for Trade Negotiations.
8. National Security Council.
9. Intelligence Oversight Board.
10. Council on Wage and Price Stability.
The operations of the Office of the Vice President reflect the
combination of constitutional, statutory, and Presidentially assigned
duties that make it unique among EOP units. Because his interests and
assignments cover the same range as the President's, the Vice President
requires a staff with expertise in diverse areas. Its basic functions
should not be changed. However, I propose that certain support
functions -- involving accounting, personnel services, and supply -- be
transferred to a centralized EOP Administrative Unit.
The Office of Management and Budget would remain as a separate entity
in the EOP, but some functional changes should be made. Four functions
should be transferred from OMB to other parts of the government:
Administration to the new EOP Central Administrative Unit;
Executive Department/Labor Relations (except for Pay Agent, Executive
Level Pools, and Legislative Analysis) to the Civil Service Commission;
Advisory Committee Management Secretariat to the General Services
Administration;
Statistical Policy (except Forms Clearance) to the Department of
Commerce.
I have asked the OMB to reorganize its management arm to emphasize
major Presidential initiatives, such as reorganization, program
evaluation, paperwork reduction, and regulatory reform.
The Council on Environmental Quality (CEQ) should remain in the EOP
as an environmental adviser to the President. The CEQ's major purpose
is to provide an independent assessment of our policies for improving
the environment. Toward this end, it will analyze long term trends and
conditions in the environment. It will advise OMB on the reorganization
of natural resources functions within the Federal government. The
Council will retain the functions it now has under NEPA and Executive
Order No. 11514 with the exception of routine review of the adequacy of
impact statements and the administrative aspects of their receipt and
handling. The EPA will take over CEQ's evaluation responsibility under
the Federal Nonnuclear Energy Research Development Act of 1974 (section
5901 et seq. of Title 42, The Public Health and Welfare). The CEQ will
continue to review and publish the Annual Report on Environmental
Quality.
The strength of the Council of Economic Advisers (CEQ) lies in its
economic analysis of current policy choices. It also presents objective
economic data, makes macroeconomic forecasts, and analyzes economic
trends and their impact on the national economy. It will continue with
a small reduction in staff.
The Office of Science and Technology Policy (OSTP) should retain
those science, engineering, and technology functions which can be so
useful in helping the President and his advisers make decisions about
policy and budget issues. Instead of the Intergovernmental Science,
Engineering, and Technology Advisory Panels, the President should rely
on an intergovernmental relations working group, chaired by the Science
Adviser. The Federal Coordinating Council on Science and Technology
should operate as a sub-Cabinet working group chaired by the Science
Adviser. The reorganization work of the President's Committee on
Science and Technology would be part of the overall reorganization
effort. The responsibility for preparing certain reports should be
transferred to the National Science Foundation.
The proposal places manageable limits on OSTP's broad mandate while
emphasizing functions that support the President.
The Office of the Special Representative for Trade Negotiations (STR)
is now operating effectively and will be retained essentially as is.
With the difficult negotiations now underway in Geneva, the benefits of
transferring the STR to another agency are outweighed by the potential
reduction in its effectiveness as an international negotiator.
The National Security Council (NSC) will be retained in its present
form and its staff slightly reduced.
Intelligence Oversight Board (IOB) should be retained to insure that
abuses of the past are not repeated and to emphasize Presidential
concerns regarding intelligence issues.
The Council of Wage and Price Stability (COWPS) is a necessary weapon
in the continuing fight against inflation and will be retained. To be
sure that its work is closely coordinated with the economic analyses
performed by the Council of Economic Advisers (CEA), COWPS should be
directed by the Chairman of CEA.
About 380 (22 percent) of the full-time, permanent EOP personnel
perform administrative support services in EOP units. Most EOP units
besides the White House and OMB are too small to provide a full
complement of administrative services. They depend on the White House,
OMB, GSA, other federal departments, or several of these sources for
many of these services. This approach is inefficient; the quality is
uneven and the coordination poor. Some services are duplicated, others
inconsistently distributed (excess capacity in some units and
deficiencies in others), and most too costly.
I propose to combine administrative support operations into a Central
Administrative Unit in EOP to provide support in administrative services
common to all EOP entities. It should be a separate EOP entity because
of the need to assure equal access by all other units.
This consolidation will result in:
Saving of roughly 40 positions and about $1.1 million, improved and
more innovative services.
A focus for monitoring the efficiency and responsibility of
administrative services.
A base for an effective EOP budget/planning system through which the
President can manage an integrated EOP rather than a collection of
disparate units.
The EOP has never before been organized as a single, unified entity
serving the President. It is o