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. SAVINGS PROVISION 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." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 804 of this title. CHAPTER 19A-JOHN HEINZ COMPETITIVE EXCELLENCE AWARD (b) Award categories. (c) Qualification criteria for award. (d) Presentation of award. (e) Publication of evaluations. (f) Reimbursement of costs. § 831. John Heinz Competitive Excellence Award (a) Establishment There is hereby established the John Heinz Competitive Excellence Award, which shall be evidenced by a national medal bearing the inscription "John Heinz Competitive Excellence Award". The medal, to be minted by the United States Mint and provided to the Congress, shall be of such design and bear such additional inscriptions as the Secretary of the Treasury may prescribe, in consultation with the Majority and Minority Leaders of the Senate, the Speaker and the Minority Leader of the House of Representatives, and the family of Senator John Heinz. The medal shall be (1) three inches in diameter; and (2) made of bronze obtained from recycled sources. (A) 2 persons appointed by the Majority Leader of the Senate; (B) 2 persons appointed by the Minority Leader of the Senate; (C) 2 persons appointed by the Speaker of the House of Representatives; and (D) 2 persons appointed by the Minority Leader of the House of Representatives. (2) Qualification An individual, organization, institution, or business may qualify for an award under this section only if such individual, organization, institution, or business— (A) is nominated to the Majority or Minority Leader of the Senate or to the Speaker or the Minority Leader of the House of Representatives by a member of the Senate or the House of Representatives; (B) permits a rigorous evaluation by the Office of Technology Assessment of the way in which such individual, organization, institution, or business has demonstrated excellence in promoting United States industrial competitiveness; and (C) meets such other requirements as the selection panel determines to be appropriate to achieve the objectives of this section. (3) Evaluation An evaluation of each nominee shall be conducted by the Office of Technology Assessment. The Office of Technology Assessment shall work with the selection panel to establish appropriate procedures for evaluating nominees. (4) Panel review The selection panel shall review the Office of Technology Assessment's evaluation of each nominee and may, based on those evaluations, recommend 1 award winner for each year for each category described in subsection (b)(1) of this section to the Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives. (d) Presentation of award (1) In general The Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives shall make the award to an individual and an organization, institution, or business that has demonstrated excellence in promoting United States industrial competitiveness in the international marketplace through technological innovation, productivity improvement, or improved competitive strategies. (2) Ceremonies The presentation of an award under this section shall be made by the Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives, with such ceremonies as they may deem proper. (3) Publicity An individual, organization, institution, or business to which an award is made under this section may publicize its receipt of such award and use the award in its advertising, but it shall be ineligible to receive another award in the same category for a period of 5 years. (e) Publication of evaluations (1) Summary of evaluations The Office of Technology Assessment shall ensure that all nominees receive a detailed summary of any evaluation conducted of such nominee under subsection (c) of this section. (2) Summary of competitiveness strategy The Office of Technology Assessment shall also make available to all nominees and the public a summary of each award winner's competitiveness strategy. Proprietary information shall not be included in any such summary without the consent of the award winner. (f) Reimbursement of costs The Majority and Minority Leaders of the Senate and the Speaker and the Minority Leader of the House of Representatives are authorized to seek and accept gifts from public and private sources to defray the cost of implementing this section. (Pub. L. 102-429, title III, § 301, Oct. 21, 1992, 106 Stat. 2205.) CHAPTER 20-EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS SUBCHAPTER I-ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT Sec. 906. 907. 907a. (g) Final sequestration reports. (h) Within-session sequestration reports and order. (i) GAO compliance report. (j) Low-growth report. (k) Economic and technical assumptions. 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 adop- (d) Special rules for Medicare program. (c) Restoration of sequestration procedures. Modification of Presidential order. (a) Introduction of joint resolution. (b) Procedures for consideration of joint resolutions. Flexibility among defense projects, and activities. programs, (a) Reductions beyond amount specified in Presidential order. (b) Base closures prohibited. (c) Report and joint resolution required. (j) Appeal from decision of Chair. (k) Conference reports. (1) Resolution from other House. (m) Senate action on House resolution. Special reconciliation process. (a) Reporting of resolutions and reconciliation bills and resolutions, in Senate. (b) Procedures. Repealed. SUBCHAPTER II-OPERATION AND REVIEW Transferred. SUBCHAPTER I-ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT TERMINATION OF SUBCHAPTER For termination of subchapter, see Effective and Termination Dates note set out under section 900 of this title. SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 665e, 922 of this title; title 22 sections 5853, 5859a; title 38 section 113; title 39 section 2009a; title 42 section 300aa-15. § 900. Statement of budget enforcement through sequestration; definitions (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- (B) entitlement authority; and (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. TITLE 2-THE CONGRESS (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 outïay 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, renumbered § 250(c)(21), Pub. L. 101-508, title XIII, § 13101(b), Nov. 5, 1990, 104 Stat. 1388-589.) TERMINATION OF SECTION For termination of section by section 14002(c)(3)(A) of Pub. L. 103-66, see Effec Page 88 tive and Termination Dates note set out below. REFERENCES IN TEXT 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. CODIFICATION 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. AMENDMENTS Subsec. (c)(21). Pub. L. 101-508, § 13101(b), redesignated section 907(12) of this title as par. (21). EFFECTIVE AND TERMINATION DATES Pub. L. 103-66, title XIV, § 14002(c)(3)(A), Aug. 10, 1993, 107 Stat. 684, provided that: "Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 [Pub. L. 99-177, set out below], sections 250, 251, 252, and 254 through 258C of that Act [2 U.S.C. 900-902, 904-908] shall expire on September 30, 1998." 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.] SHORT TITLE OF 1990 AMENDMENT 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'." SHORT TITLE OF 1987 AMENDMENT 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'." SHORT TITLE 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'." RESTRICTION ON ELIMINATION OR REDUCTION OF PROGRAMS RELATING TO ENERGY AND WATER DEVELOPMENT Pub. L. 102-377, title V, § 503, Oct. 2, 1992, 106 Stat. 1342, provided that: "None of the programs, projects or activities as defined in the reports accompanying this Act or subsequent Energy and Water Development Appropriations Acts, may be eliminated or disproportionately reduced due to the application of 'Savings and Slippage', ‘general reduction', or the provision of Public Law 99-177 [see Short Title note above] or Public Law 100-119 [see section 213 of Pub. L. 100-119 set out below] unless such reports expressly provide otherwise." WAIVERS AND SUSPENSIONS IN THE SENATE 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(1), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 [sections 632(1), 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.] APPEALS OF RULINGS 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(1), 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.] EXERCISE OF CONGRESSIONAL RULEMAKING POWER Pub. L. 103-66, title XIV, § 14004, Aug. 10, 1993, 107 Stat. 685, provided that: "The Congress enacts the provisions of this part [probably should be "this title", amending sections 665, 901, 902, and 904 of this title, enacting provisions set out as notes under this section and section 902 of this title, and amending provisions set out as notes under section 665 of this title] "(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such these provisions 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 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 75-801 O-94—5: QL3 |