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AMENDMENTS

1993-Subsec. (a)(2)(F). Pub. L. 103-66, § 14002(a), added subparagraph (F).

Subsec. (b)(1). Pub. L. 103-66, § 14002(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "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."

EFFECTIVE DATE

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, and amended by Pub. L. 102-66, title XIV, § 14002(c)(3)(B), Aug. 10, 1993, 107 Stat. 684, 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 1998."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 665d, 665e, 900, 903 of this title; title 22 sections 5853, 5859a.

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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 sections1 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 revised allocations, functional levels, and budget aggregates shall be consid

1 So in original. Probably should be "section". 'Par. (1) designation supplied editorially. 'So in original. Probably should be capitalized.

ered 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.)

REFERENCES IN TEXT

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.

PRIOR PROVISIONS

A prior section 602 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment 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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665b, 901 of this title.

§ 665b. Consideration of legislation before adoption of budget resolution for that fiscal year

(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.)

PRIOR PROVISIONS

A prior section 603 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment 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.

§ 665c. Reconciliation directives regarding pay-asyou-go requirements

(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-yougo 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.)

PRIOR PROVISIONS

A prior section 604 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 324, was classified to section 11 of former Title 31, prior to repeal and reenactment 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 665a of this title.

§ 665d. Application of section 642 of this title; point of order

(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.)

PRIOR PROVISIONS

A prior section 605 of Pub. L. 93-344, title VI, July 12, 1974, 88 Stat. 325, was classified to section 11a of former Title 31, prior to repeal and reenactment 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.

§ 665e. 5-year budget resolutions; budget resolutions must conform to Balanced Budget and Emergency Deficit Control Act of 1985

(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)].

251(b)(2)(B),

(2) For purposes of congressional consideration of provisions described in sections 251(b)(2)(A), 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.)

REFERENCES IN TEXT

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, as amended, 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.

PRIOR PROVISIONS

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, prior to repeal by Pub. L. 99-177, title II, § 223, Dec. 12, 1985, 99 Stat. 1060.

CHAPTER 17B-IMPOUNDMENT CONTROL

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 16 section 539d; title 22 section 3224a; title 31 section 1512; title 42 section 6240.

§ 683. Rescission of budget authority

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 682, 684, 685, 686 of this title.

CHAPTER 18-LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS 88 701 to 709. Transferred

CODIFICATION

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.

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SHORT TITLE OF 1990 AMENDMENT

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'." § 802. Program

[See main edition for text of (a) to (d)] (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:

[See main edition for text of (1) to (8)]

TITLE 2-THE CONGRESS

(As amended Pub. L. 101-525, § 3, Nov. 6, 1990, 104 Stat. 2305.)

REFERENCES IN TEXT

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.

AMENDMENTS

1990 Subsec. (e). Pub. L. 101-525 substituted "April 1" for "March 1".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 801 of this title.

§ 803. Board organization

(a) Membership; composition; appointment criteria; derivation of appointment

[See main edition for text of (1) to (3)]

(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 shall not be

' So in original. Probably should be "subsection".

Page 82

eligible for reappointment to the Board. Members of the Board covered under subparagraphs (B) and (C) of paragraph (2) of this section1 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).

[See main edition for text of (c) to (i)]

(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. (As amended Pub. L. 101-525, §§ 4-6, Nov. 6, 1990, 104 Stat. 2305, 2306.)

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[See main edition for text of (a) and (b)] (c) Requirements regarding financial operations; noncompliance with requirements

(1) The Director shall, in consultation with the Board, ensure that appropriate procedures for fiscal control and fund accounting are established for the financial operations of the Congressional Award Program, and that such operations are administered by personnel with expertise in accounting and financial management. Such personnel may be retained under contract. In carrying out this paragraph, the Director shall ensure that the liabilities of the Board do not, for any calendar year, exceed the assets of the Board.

(2)(A) The Comptroller General of the United States shall determine, for calendar years 1993 and 1994, whether the Director has substantially complied with paragraph (1). The findings made by the Comptroller General under the preceding sentence shall be included in the first report submitted under section 807(b) of this title after December 31, 1994.

(B) If the Director fails to substantially comply with paragraph (1), the Board shall

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