text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/773

 PUBLIC LAW 100-113—AUG. 21, 1987

101 STAT. 743

(2) POWERS OF MEMBERS AND AGENTS.—Any member or gigent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by ^. this subsection. ^^ (3) OBTAINING OFFICIAL DATA.—The Commission may obtain from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (4) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. (5) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) AUTHORITY TO CONTRACT OUT.—Subject to applicable provisions of law, the Commission may enter into such contracts or agreements as the Commission considers appropriate to carry , out any of its duties under this Act. (7) EXPERTS AND CONSULTANTS.—The Commission may procure temporary and intermittent services under section 31090t)) of title 5 of the United States Code. (g) LIMITATION ON EXPENSES.— (1) MAXIMUM AMOUNT.—The maximum amount of expenses

(including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under subsection (f)(7), and supply expenses) which the Commission may incur in any fiscal year may not exceed $1,000,000 in any fiscal year. (2) ADJUSTMENT FOR INFLATION.—Any dollar amount referred

to in this subsection, subsection (h)(3), and section 8(d) may be adjusted by the Commission annually to reflect a percentage increase or decrease in the Consumer Price Index for All Urban Consumers for the preceding calendar year, as determined by the United States Department of Labor, Bureau of Labor Statistics. (h) FUNDING.— (1) REQUESTS FOR TRANSFERS.—If the Commission incurs any

expenses in carrying out its duties under this Act, the Commission may request the Secretary of State, the Administrator, or any other Federal official referred to in subsection (c)(1) to transfer to the Commission an amount equal to such expenses from funds appropriated to such official. (2) AUTHORITY FOR TRANSFERS.—Subject to paragraphs (3) and (5), any official referred to in paragraph (1) may transfer such amounts from funds appropriated to such official as may be necessary to enable the Commission to carry out its duties under this Act. ^'

(3) MAXIMUM AMOUNT OF REQUESTS AND TRANSFERS.—The

aggregate amount of requests for transfers, and the aggregate amount of transfers, under this subsection may not exceed $1,000,000 in any fiscal year. (4) DEPOSIT OF RECEIPTS.—The Commission shall deposit all amounts it receives under this subsection into the account established by section 8(d). (5) LIMITATION ON EFFECT.—This subsection shall not be effective with respect to any fiscal year beginning after the last day

,,.,5,,,^f

.«jy •:.;>

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/774

 101 STAT. 744

40 USC 1107.

PUBLIC LAW 100-113—AUG. 21, 1987

of the 2-year period beginning on the first day the Commission deposits under section 8(c) funds into the account established by section 8(d). SEC. 8. OPERATION AND MANAGEMENT OF INTERNATIONAL CULTURAL AND TRADE CENTER. ., (a) LEASE OF SPACE.—

Contracts.

International organizations. State and local governments.

'i c

(1) AGREEMENT.—The Administrator and the Commission shall enter into an agreement for the Commission to lease from the Administrator not to exceed 500,000 square feet of occupi" ^ able space in the building to be constructed under section 5 to serve as an international cultural and trade center. s(2) SIZE.—The Commission shall determine the amount of I space necessary for operation of the international cultural and trade center based upon demand, except that such space may not exceed 500,000 square feet of occupiable space. Upon certifi'« cation of such demand by the Commission, the Administrator \ shall lease such amount of space to the Commission. (3) TERMS.—The agreement entered into under this subsection shall include at a minimum the following terms: (A) The Commission will be permitted to sublease its space in such building to foreign missions, commercial establishments sponsored by foreign governments, and international cultural and trade organizations, including domestic organizations and State and local governments. (B) All space leased by the Commission from the Administrator will be at such rate as the Administrator and the fos^u.? Commission may agree but not less than the rate established under section 60t)X2) plus such amount as the Administrator determines is necessary to pay on an annual basis for the costs of administering such building (including operation, maintenance, and rehabilitation costs) which are attributable to such space. (C) Such terms relating to default and nonperformance as the Administrator considers appropriate to protect the interests of the United States. (b) ESTABLISHMENT OF CENTER.—

(1) BY COMMISSION.—The Commission shall establish, operate, and meiintain an international cultural and trade center in the space leased from the Administrator under subsection (a). (2) CONTENTS.—The international cultural and trade center may include the following: (A) Office space for foreign missions and domestic and international organizations involved in international trade or cultural activities. 34J (B) A world exhibition center providing space for exhibits from foreign nations. (C) An international bazaar providing space for commercial establishments sponsored by foreign governments. (D) An international center providing a centralized foreign trade reference facility, conference and meeting faciliII ties, and audio-visual facilities for translating foreign jr languages. (E) Such other facilities as are consistent with the objec'Ti0fie tives of this section. XBb k (3) SUBLEASING OF S P A C E. ^ i^^mn YVIB OJ - >oq. >T

-' S / I '

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:The Yellow Book - 06.djvu/112

 For just one second he was happy. Then his memory returned, and the nurse saw that he was crying. When he caught the nurse's eye he ceased, and looked steadily at the distant ceiling.

"You're better? "

"Yes." He tried to speak boldly, decisively, nonchalantly. He was filled with a sense of physical shame, the shame which bodily helplessness always experiences in the presence of arrogant, patronising health. He would have got up and walked briskly away if he could. He hated to be waited on, to be humoured, to be examined and theorised about. This woman would be wanting to feel his pulse. She should not; he would turn cantankerous. No doubt they had been saying to each other, "And so young, too! How sad!" Confound them.

"Have you any friends that you would like to send for?"

"No, none."

The girl (she was only a girl) looked at him, and there was that in her eye which overcame him.

"None at all?"

"Not that I want to see."

"Are your parents alive?"

"My mother is, but she lives away in the North."

"You've not seen her lately, perhaps?"

He did not reply, and the nurse spoke again, but her voice sounded indistinct and far off.

When he awoke it was night. At the other end of the ward was a long table covered with a white cloth, and on this table a lamp.

In the ring of light under the lamp was an open book, an ink stand and a pen. A nurse (not his nurse) was standing by the table, her fingers idly drumming the cloth, and near her a man in evening dress. Perhaps a doctor. They were conversing in low tones.

title: Page:The Yellow Book - 06.djvu/112


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/775

 PUBLIC LAW 100-113—AUG. 21, 1987

101 STAT. 745

Ion »,tfrri (A) AGREEMENTS.—The Commission may enter into agreements with foreign missions and international cultural and trade organizations (including domestic organizations and State and local governments) to sublease any or all of the space it leased from the Administrator under subsection (a). Space subleased to such missions and organizations may iO t only be used for establishment of trade centers and exhibitions, offices, and commercial establishments described in paragraph (2) and such other facilities as the Commission determines are consistent with an international cultural and trade center. (B) TERMS AND CONDITIONS.—An agreement entered into under this subsection shall be subject to such terms and conditions as the Commission determines are appropriate to -im carry out the objectives of this Act. The rental rate per square foot of occupiable space for space subleeised under this subsection shall be determined in accordance with subsection (c); except that the Commission may adjust such rate with respect to any space sublesised to a foreign mission in accordance with the recommendations of the Secm retary of State acting in accordance with section 204(b) of the State Department Basic Authorities Act of 1956 (22 IB» U.S.C. 4304(b)). The Secretary of State may reimburse the Commission for any expenses which are incurred by the Commission as a result of making adjustments in the rental .vi.crate for space under this subparagraph. (4) REFERENCE FACILITY AND CULTURAL EVENTS.—The Commission may establish in a portion of the space leased from the Administrator under this section a centralized foreign trade reference facility and conference and meeting facilities and audio-visual facilities for translating foreign languages. The Commission may permit cultural events and other activities to be held in a portion of such space. The Commission shall establish in accordance with subsection (c) fees and charges for— (A) the use of such facilities and auditorium, and (B) the holding of such events and activities. I)

Contracts. International organizations. State and local governments.

(c) RENTS AND FEES.— (1) ESTABLISHMENT OF AMOUNT.—The

Commission shall establish the amounts of fees under subsection (b)(4), and establish a rental rate for space sublesised under subsection (b)(3), taking into account the objectives of this section and the best interests of the United States. In any fiscal year beginning after the last day of the 2-year period beginning on the first day the Commission deposits under this subsection funds into the account established under subsection (d), the aggregate amount of such fees and rent shall not be less than the cost to the Commission of subleasing space from the Administrator under subsection (a) in such fiscal year plus the expenses (including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under subsection 7(fK7), supply expenses and any reimbursable expenses) incurred by the Commission in carrying out its duties under this Act in such fiscal year. (2) COLLECTION.—The Commission shall collect— (A) rent for space subleased under subsection (b); and (B) fees and charges under subsection (b).

301 r

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/776

 101 STAT. 746

PUBLIC LAW 100-113—AUG. 21, 1987 (3) DEPOSIT.—The Commission shall deposit all amounts collected under this subsection and all amounts transferred by the Secretary of State to the Commission under subsection (b)(3)(B) into the account established under subsection (d). (d) SEPARATE ACCOUNT.—

40 USC 1108.

(1) ESTABLISHMENT.—There is established in the Treasury of the United States a separate account. (2) CONTENTS.—The account shall include all amounts deposited by the Commission under subsection (c) and section 7(h). (3) AvAiLABiuTY.—Amounts in the account established under this subsection shall be available to the Commission to pay— (A) all rents owed to the Administrator for lease of space i under subsection (a); and (B) all expenses (including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under section 7(fK7), and supply expenses) incurred by the Commission in carrying out its duties under this Act but not exceeding $1,000,000 in any fiscal year. (4) PAYMENTS.—The Commission shall pay, from amounts in the account established by this subsection— (A) for lease of space under subsection (a) on an annual basis amounts owed to the Administrator for deposit into the fund established by section 210(f) of the Federal Propi erty and Administrative Services Act of 1949 (40 U.S.C. 490(f)); and •s:~ (B) all expenses incurred by it in carrying out its duties under this Act but not exceeding $1,000,000 in any fiscal year. (5) TRANSFER OF EXCESS FUNDS.—Periodically, but not less often than once per fiscal year, funds which the Commission determines are in excess of those needed to make the payments described in paragraph (4) shall be transferred by the Commission from the account established under this subsection to the fund established under section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). (h) ANNUAL REPORT AND BUDGET.—The Commission shall prepare and transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives (1) an annual report in January of each calendar year on the operation and management of the space leased by the Commission under subsection (a) and the international cultural and trade center, and (2) a budget for such fiscal year for operation, maintenance, and alteration of such center, including amounts received and projected to be received by the Commission in such fiscal year and expenses incurred and projected to be incurred by the Commission in such fiscal year. SEC. 9. DESIGNATION OF DEPARTMENTAL AUDITORIUM,

(a) The Departmental Auditorium, located on the Federed Triangle between the Custom Service building and Interstate Commerce Commission building on Constitution Avenue, shall hereafter be known and designated as the "Andrew W. Mellon Auditorium". (b) Any reference in any law, regulation, document, record, map or other paper of the United States to the auditorium referred to in subsection (a) is deemed to be a reference to the "Andrew W. Mellon Auditorium".

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/777

 PUBLIC LAW 100-113—AUG. 21, 1987

101 STAT. 747

SEC. 10. DEFINITIONS.

40 USC 1109.

As used in this Act— (1) ADMINISTRATOR.—The term "Administrator" means the Administrator of General Services. a (2) COMMISSION.—The term "Commission" means the International Cultural and Trade Center Commission established by section 7. (3) CORPORATION.—The term "Corporation" means the Pennsylvania Avenue Development Corporation. \ (4) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term "Federal Triangle development area" means the area which begins at a point on the southwest corner of the intersection of Four£ teenth Street and Pennsylvania Avenue (formerly E Street), Northwest; thence southerly along the west side of Fourteenth J Street to the northwest corner of the intersection of Fourteenth Street and Constitution Avenue, Northwest; thence easterly along the north side of Constitution Avenue to the northeast \ corner of the intersection of Twelfth Street and Constitution Avenue, Northwest; thence northerly along the east side of Twelfth Street and Constitution Avenue, Northwest; thence '! northerly along the east side of Twelfth Street to the southeast corner of the intersection of Twelfth Street and Pennsylvania Avenue, Northwest; thence westerly along the south side of Pennsylvania Avenue to the point of beginning being the southI west corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest. (5) FEDERAL TRIANGLE PROPERTY.—The term "Federal Triangle -J property" means— ' (A) the property owned by the United States in the District of Columbia, known as the "Great Plaza" site, 4pj;, which consists of squares 256, 257, 258, parts of squares 259 .' and 260, and adjacent closed rights-of-way as shown on plate IV of the King Plats of 1803 located in the Office of the Surveyor of the District of Columbia; and b /•. (B) any property acquired by the Corporation under section 3(b); except that for purposes of section 3 such term does not include any property referred to in subparagraph (B). P Approved August 21, 1987. nriqili^

LEGISLATIVE HISTORY—S. 1550: SENATE REPORTS: No. 100-139 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 5, considered and passed Senate. Aug. 7, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Aug. 22, Presidential statement.

''' -' '

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/778

 101 STAT. 748
 * _- „.

Sept. 23, 1987 [H.J. Res. 134]

^

PUBLIC LAW 100-114—SEPT. 23, 1987

Public Law 100-114 100th Congress ^m arrBSf;; aaua Joint Resolution

>^s A

Designating the week of September 20, 1987, through September 26, 1987, as "Emergency Medical Services Week".

Whereas the members of emergency medical services teams devote their lives to saving the lives of others; Whereas emergency medical services teams consist of emergency physicians, nurses, emergency medical technicians, paramedics, educators, and administrators; Whereas the people of the United States benefit daily from the knowledge and skill of these trained individuals; Whereas advances in emergency medical care increase the number of lives saved every year; Whereas the professional organizations of providers of emergency medical services promote research to improve emergency medical care; Whereas the members of emergency medical services teams work together to improve and adapt their skills as new methods of emergency treatment are developed; Whereas the members of emergency medical services teams encourage national standardization of training and testing of emergency medical personnel, and reciprocal recognition of training and credentials by the States; Whereas the designation of "Emergency Medical Services Week" will serve to educate the people of the United States about accident prevention and what to do when confronted with a medical emergency; and Whereas it is appropriate to recognize the value and the accomplishments of emergency medical services teams by designating "Emergency Medical Services Week": Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of September 20, 1987, through September 26, 1987, is designated as "Emergency Medical Services Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved September 23, 1987.

LEGISLATIVE HISTORY—H.J. Res. 134 (S.J. Res. 148): CONGRESSIONAL RECORD, Vol. 133 (1987): June 29, considered and passed House. Sept. 18, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/779

 PUBLIC LAW 100-115—SEPT. 24, 1987

101 STAT. 749

Public Law 100-115 100th Congress Joint Resolution To designate the period commencing September 21, 1987, and ending on September 27, 1987, as "National Historically Black Colleges Week '.

Whereas there are 101 Historically Black Colleges and Universities in the United States; Whereas such colleges and universities provide the quality education so essential to full participation in a complex, highly technological society; Whereas black colleges and universities have a rich heritage and have played a prominent role in American history; Whereas such institutions have allowed many underprivileged students to attain their full potential through higher education; and Whereas the achievements and goals of the Historically Black Colleges are deserving of national recognition: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period commencing September 21, 1987, and ending on September 27, 1987, is designated as "National Historically Black Colleges Week" and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States and interested groups to observe such week with appropriate ceremonies, activities, and programs, thereby demonstrating support for Historically Black Colleges and Universities in the United States. r.

Approved September 24, 1987.

LEGISLATIVE HISTORY—S.J. Res. 22: CONGRESSIONAL RECORD, Vol. 133 (1987): Mar. 20, considered and passed Senate. Sept. 15, considered and passed House.

Sept. 24, 1987 [g j Res. 22]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/780

 101 STAT. 750

PUBLIC LAW 100-116—SEPT. 28, 1987

Public Law 100-116 100th Congress

.

. '-'.c,-

4., '."*

Joint Resolution Sept. 28, 1987 [H.J. Res. 224]

Designating the week of October 18, 1987, through October 24, 1987, as "Benign Essential Blepharospasm Awareness Week".

Whereas benign essential blepharospasm is a little known eyerelated disease, causing involuntary and usually uncontrollable spastic contraction of muscles around the eyes; Whereas approximately 25,000 to 30,000 Americans are afflicted with blepharospasm, which is progressive and ultimately causes functional blindness; Whereas the Benign Essential Blepharospasm Research Foundation, Incorporated, was begun with the purpose of finding the cause and a successful cure for benign essential blepharospasm; Whereas this important foundation sponsors programs and activities to create an awareness of blepharospasm in the medical community as well as in the general public, organizes support groups throughout the country to encourage communication among persons with the disease, and it seeks to raise money through public and private contributions to be used for research; Whereas research scientists from around the country are extremely interested in research on this little known malady and are submitting grant applications to the National Institutes of Health to study benign essential blepharospasm; and Whereas increased public awareness of the disease and its victims will be a tremendous benefit to the victims of this disease and will lead to increased medical research and awareness, as well as available information and advice for those afflicted with benign essential blepharospasm: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of October 18, 1987, through October 24, 1987, is hereby designated as "Benign Essential Blepharospasm Awareness Week", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved September 28, 1987.

LEGISLATIVE HISTORY—H.J. Res. 224: CONGRESSIONAL RECORD, Vol. 133 (1987): Sept. 15, considered and passed House. Sept. 18, considered and psissed Senate.

•

. '

«

-.

.

.. '

Yf

' -r, ',. '<<

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/781

 PUBLIC LAW 100-117—SEPT. 28, 1987

101 STAT. 751

Public Law 100-117 100th Congress An Act To extend the period for waivers of State eligibility requirements to enable certain States to qualify for child abuse and neglect assistance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, QUALIFICATIONS FOR CHILD ABUSE AND NEGLECT ASSISTANCE

1. Clause (i) of section 4(b)(3)(A) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5103(b)(3)(A)(i)) is amended by inserting before "or" at the end thereof the following: "and for a third one-year period if the Secretary makes an additional finding that such State is making substantial progress to achieve such compliance,". SECTION

Approved September 28, 1987.

LEGISLATIVE HISTORY—S. 1596: CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 5, considered and passed Senate. Sept. 16, considered and passed House.

.

Sept. 28, 1987 [S. 1596]

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/782

 101 STAT. 752

PUBLIC LAW 100-118—SEPT. 28, 1987

Public Law 100-118 100th Congress

MI«r

.

Joint Resolution Sept. 28, 1987 [S.J. Res. 135]

To designate October 1987 as "Polish American Heritage Month".

Whereas, since the 1st immigration of Polish settlers to Jamestown in the 17th century, Poles and Americans of Polish descent have distinguished themselves by contributing to the development of arts, sciences, government, military service, athletics, and education in the United States; Whereas Kazimierz Pulaski, Tadeusz Kosciuszko, and other sons of Poland came to our shores to fight in the American Revolutionary War and to give their lives and fortunes for the creation of the United States; Whereas the Polish Constitution of May 3, 1791, was modeled directly on the Constitution of the United States, is recognized as the 2d written constitution in history, and is revered by Poles and Americans of Polish descent; Whereas Americans of Polish descent and Americans sympathetic to the struggle of the Polish nation to regain its freedom remain committed to a free and independent Polish nation; Whereas Poles and Americans of Polish descent take great pride in and honor the greatest son of Poland, His Holiness Pope John Paul II; Whereas Poles and Americans of Polish descent take great pride in and honor Nobel Peace Prize laureate Lech Walesa, the founder of the Solidarity Labor Federation; Whereas the Solidarity Labor Federation was founded in August 1980 and is continuing its struggle against oppression by the Government of Poland; and Whereas the Polish American Congress is observing its 43d anniversary this year and is celebrating October 1987 as Polish American Heritage Month: Now, therefore, be it

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/783

 PUBLIC LAW 100-118—SEPT. 28, 1987

101 STAT. 753

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That October 1987 is designated "Polish American Heritage Month", and the President of the United States is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate ceremonies and activities. . Approved September 28, 1987.

,..4 A

srii 'to -T'.

LEGISLATIVE HISTORY—S.J. Res. 135: CONGRESSIONAL RECORD, Vol. 133 (1987): June 25, considered and passed Senate. Sept. 15, considered and passed House.

'• ^ ' ' J«i"'' ' " a- '^ •- P •

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/784

 101 STAT. 754

PUBLIC LAW 100-119—SEPT. 29, 1987

Public Law 100-119 100th Congress Joint Resolution Sept. 29, 1987 [H.J. Res. 324]

Increasing the statutory limit on the public debt.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection, and inserting in lieu thereof "$2,800,000,000,000". Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987.

2 USC 901 note.

TITLE I—DEFICIT REDUCTION PROCEDURES SEC. 101. REFERENCES IN TITLE; SHORT TITLE.

(a) REFERENCES IN TITLE.—Except as otherwise specifically provided, whenever in this title an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Balanced Budget and Emergency Deficit Control Act of 1985. (h) SHORT TITLE.—This title may be cited as the "Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987". SEC. 102. AUTOMATIC TRIGGER FOR FISCAL YEARS 1988 THROUGH 1993; OMB AND CBO REPORTS; PRESIDENTIAL ORDER; COMPUTATION OF BUDGET BASE; SEQUESTRATION RULES FOR FISCAL YEARS 1988 THROUGH 1993. (a) IN GENERAL.

-Sections 251 and 252 of the Act are amended to

read as follows: 2 USC 901.

"SEC. 251. REPORTING OF EXCESS DEFICITS. "(a) INITIAL ESTIMATES, DETERMINATIONS, AND REPORTS BY O M B

AND CBO.— "(1) ESTIMATES AND DETERMINATIONS.—The Director of the Office of Management and Budget and the Director of the Congressional Budget Office (in this part referred to as the 'Directors') shall with respect to each fiscal year and in accordance with the requirements, specifications, definitions, and calculations required by this part— "(A) estimate the budget levels of total revenues and outlays that may be anticipated for such fiscal year as of August 15 of the calendar year in which such fiscal year begins (or as of October 10, 1987, in the case of fiscal year 1988), "(B) determine whether the projected deficit for such fiscal year will exceed the maximum deficit amount for such fiscal year and whether such deficit excess will be greater than $10,000,000,000 (zero in the case of fiscal year 1993),

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/785

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 755

"(C) estimate the amount of net deficit reduction in the budget baseline that has occurred since January 1 of the calendar year in which such fiscal year begins, and "(D) estimate the rate of real economic growth that will occur during such fiscal year, the rate of real economic growth that will occur during each quarter of such fiscal year, and the rate of real economic growth that will have occurred during each of the last two quarters of the preceding fiscal year. "(2) REPORTS.—(A) Based on the estimates and determinations required in paragraph (1) and in accordance with the requirements, specifications, definitions, and calculations required by this part, the Director of the Congressional Budget Office (in this part referred to as the 'Director of CBO') shall issue a report to the Director of the Office of Management and Budget (in this part referred to as the 'Director of OMB') and to the Congress on August 20 of the calendar year in which the fiscal year begins (or on October 15, 1987, in the CEise of fiscal year 1988) estimating the budget baseline levels of total revenues and total outlays for such fiscal year, identifying the amount of any deficit excess for such fiscal year, stating whether such excess is greater than $10,000,000,000 (zero in the case of fiscal year 1993), estimating the amount of net deficit reduction in the budget baseline that has occurred since January 1 of the calendar year in which such fiscal year begins, specifying the estimated rate of real economic growth for such fiscal year, for each quarter of such fiscal year, and for each of the last two quarters of the preceding fiscal year, indicating whether the estimate includes two or more consecutive quarters of negative real economic growth, estimating the aggregate amount of required outlay reductions, and specifying, by account for nondefense programs and by account for defense programs the budget baseline from which reductions are taken and the amounts and percentages by which such accounts must be reduced during such fiscal year in order to make the reductions required by this part. "(B) The Director of OMB shall issue a report to the President and the Congress on August 25 of the calendar year in which the fiscal year begins (or on October 20, 1987, in the case of the fiscal year 1988) containing the same information required in subparagraph (A) and the information required in clauses (i) and (ii) for such fiscal year as follows: "(i) The Director of OMB shall identify and explain any differences between the amount set forth in such report and the corresponding amount set forth in the report of the Director of CBO under subparagraph (A) with respect to— "(I) the aggregate amount of required outlay reductions; "(II) the aggregate amount of resources to be sequestered from defense accounts (by type of sequesterable resource) and from non-defense accounts (by type of sequesterable resource); and "(III) the amount of sequesterable resources for any budget account that is to be reduced if such difference is greater than $5,000,000. "(ii) The Director of OMB shall calculate and set forth for defense programs (by type of sequesterable resource) and

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/786

 101 STAT. 756 f '

PUBLIC LAW 100-119—SEPT. 29, 1987

for non-defense programs (by type of sequesterable resource), the amount of reductions in budgetary resources that would be required by this part using his estimate of flr» the aggregate amount of required outlay reductions and t applying the technical assumptions (including outlay rates) 1 and methodologies used in the report of the Director of CBO i under subparagraph (A). The Director of OMB shall iden-' tify and explain any differences between these estimates and such corresponding amounts set forth under clause (i). an":^ "(iii) In the report for a fiscal year (except fiscal year 1988) issued under this subparagraph, the Director of OMB shall assume that the aggregate outlay rate for defense ' programs covered by paragraph (6)(C), calculated using data on sequesterable resources and account outlay rates ap* plicable to such fiscal year, shall not differ by more than •' one-half of 1 percent from such aggregate outlay rate cal* culated using the same data on sequesterable resources but using account outlay rates calculated arithmetically using • the applicable sequesterable resources and outlays con]" tained in the report submitted under this Act for the preceding fiscal year as proposed by the Director of OMB. 1For purposes of this subparagraph, an aggregate outlay rate 7 shall be the average of account outlay rates (expressed as a percentage) with each account outlay rate (as defined in ^ section 257(13)) given a weight that is proportional to the " ^ account's share of total sequesterable resources. The cal^f culation of the non-defense aggregate outlay rate for programs covered by paragraph (6)(C), shall be determined '. using the procedures and restrictions used for determining ' the aggregate defense outlay rate. 2 "(iv) The report issued under this subparagraph for any fiscal year (except fiscal year 1988) may not assume aggrer gate outlays for the health insurance programs under title 1 XVIII of the Social Security Act (before taking into account legislation enacted or regulations prescribed after the cur|,J,', rent services budget is submitted) which deviate by more . than 1 percent from the amount of outlays estimated for 1 such programs in the current services budget submitted by „ the President pursuant to section 1109(a) of title 31, United ^ States Code, for such fiscal year. For fiscal year 1988 the report issued under this subparagraph shall assume aggre^: gate outlays for such programs (before taking into account I legislation enacted or regulations promulgated as final Q ^ after August 20, 1987) equal to the amount assumed for such programs by the Director of OMB in the report DJii. submitted to the Temporary Joint Committee on Deficit Reduction on August 20, 1987, except that, unless necessary -t to comply with requirements provided in law, any change A: in administrative procedures that increases or decreases fo v;4 the average number of days for the payment of claims under title XVIII of the Social Security Act, compared to Y such average in the preceding fiscal year, shall not be taken a into account for purposes of this Act. "(C)(i) The technical and economic assumptions used by the 1 Director of CBO to calculate the excess deficit shall also be used t by the Director of CBO to calculate the unachieved deficit

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/787

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 757

reduction, required outlay reductions and the amounts and percentages by which budgetary resources must be reduced. "(ii) The technical and economic assumptions used by the Director of OMB to calculate the excess deficit shall also be used by the Director of OMB to calculate the required outlay reductions, the unachieved deficit reduction and the amounts and percentages by which budgetary resources must be reduced, "(iii) For fiscal year 1988, except as specified in subparagraph (B)(iv), the Director of OMB shall use the same economic and technical assumptions (including outlay rates) that the Director of OMB used in the report submitted to the Temporary Joint Committee on Deficit Reduction on August 20, 1987. "(iv) For fiscal year 1989 and subsequent fiscal years, to the extent that the report submitted by the President for such fiscal year under section 1106(a) of title 31, United States Code, uses economic and technical assumptions (including outlay rates) that differ from those that will be used by the Director of OMB in the report to be submitted under subparagraph (B) for such fiscal year, the report submitted by the President shall explain and identify such differences. Such report shall provide an estimate of the deficit excess and net deficit reduction in the budget baseline consistent with the estimates that will be used by the Director of OMB in the report to be submitted under subparagraph (B) for such fiscal year. The report submitted by the Director of OMB under subparagraph (B) for such fiscal year shall use the economic and technical assumptions that the report submitted by the President indicated would be used by such Director. "(3) DETERMINATION OF REDUCTIONS.—

"(A) The aggregate amount of required outlay reductions for a fiscal year shall be determined as follows: "(i) The aggregate required outlay reductions shall be"(I) for fiscal year 1988, the amount of unachieved deficit reduction; "(II) for fiscal year 1989, zero if the deficit excess is equal to or less than $10,000,000,000, or if not, the lesser of the deficit excess or the amount of unachieved deficit reduction; or "(III) for fiscal year 1990, 1991, 1992, or 1993, zero if the deficit excess for such fiscal year is equal to or less than the amount of the margin for such fiscal year specified in paragraph (10) of section 257, or if not, the amount of the deficit excess for such fiscal year. The unachieved deficit reduction shall be $23,000,000,000 in the case of fiscal year 1988 and $36,000,000,000 in the case of fiscal year 1989, minus the net deficit reduction in the budget baseline for such fiscal year, but such unachieved deficit reduction shall not exceed $23,000,000,000 in the case of fiscal year 1988 or $36,000,000,000 in the case of fiscal year 1989. Net deficit reduction in the budget baseline for a fiscal year shall be the amount of the estimated deficit for such fiscal year based on laws enacted by, and regulations promulgated as final by, the snapshot date, as measured using the budget baseline specified in para-

gns,,

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/788

 101 STAT. 758

Loans.

PUBLIC LAW 100-119—SEPT. 29, 1987 graph (6), subtracted from the amount of the estimated deficit for such fiscal year based on laws enacted by, and regulations promulgated as final by, January 1 of the calendar year in which such fiscal year begins as measured by using the budget baseline specified in paragraph (6). Both such deficit estimates for a fiscal year shall be made using the same economic and technical assumptions. "(ii) As used in this paragraph, the term 'snapshot date' means— "(I) for fiscal year 1988, in the case of an initial report submitted under subsection (a), October 10, 1987, and in the case of a final report submitted under subsection (c), the latest possible date before its submission; "(II) for fiscal year 1989 and subsequent fiscal years, in the case of an initial report submitted under subsection (a), August 15, and in the case of a final report submitted under subsection (c), the latest possible date before its submission, "(B) Subject to the exemptions, exceptions, limitations, special rules, and definitions set forth in this section and in sections 255, 256, and 257, one-half of the aggregate required outlay reductions shall be made under accounts within major functional category 050 (in this part referred to as outlays under 'defense programs'), and shall be made in accordance with the rules prescribed in subsection (d), and the other half of the aggregate required outlay reductions shall be made under other accounts of the Federal Government (in this part referred to as 'non-defense programs'). "(C) The amount by which outlays for automatic spending increases scheduled to take effect during the fiscal year are to be reduced shall be credited as reductions in outlays under non-defense programs, and the total amount of reductions in outlays under non-defense programs required under subparagraph (B) shall be reduced accordingly. "(D) The maximum reduction permissible for each program to which an exception, limitation, or special rule set forth in subsection (c) or (f) of section 256 applies shall be credited as reductions in outlays under non-defense programs, and the amount of reductions in outlays under nondefense programs shall be further reduced by the amount of the reduction determined with respect to each such program. "(E)(i) Sequestrations and reductions under the remaining non-defense programs shall be applied on a uniform percentage basis so as to reduce new budget authority; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; obligation limitations; and spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974 to the extent necessary to achieve any remaining required outlay reductions; except that each of the programs to which the special rules set forth in subsections (d) and (k) of section 256 apply shall not be reduced by more than the percentages specified in such subsections and the uniform percent-

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/789

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 759

age reduction applicable to all other programs under this clause shall be increased (if necessary) to a level sufficient to achieve any remaining required outlay reductions. "(ii) For purposes of determining reductions under clause Contracts, (i), any reduction in outlays of the Commodity Credit Corporation under an order issued by the President under section 252 for a fiscal year, with respect to contracts entered into during that fiscal year, that will occur during the succeeding fiscal year, shall be credited as reductions in outlays for the fiscal year in which the order is issued. The determination of which accounts are within major functional category 050 and which are not, for purposes of subparagraph (B), shall be made by the Directors in a manner consistent with the budget submitted by the President for the fiscal year 1986; except that for such purposes no part of the accounts entitled 'Federal Emergency Management Agency, Salaries and expenses (58-0100-0-1-999)' and 'Federal Emergency Management Agency, Emergency management planning and assistance (58-0101-0-1-999)' shall be treated as being within functional category 050. "(4) ADDITIONAL SPECIFICATIONS.—The

reports

submitted

under paragraph (2) must also specify (with respect to the fiscal year involved)— "(A) the amount and percentage increase of the automatic spending increase (if any) which is scheduled to take effect in the case of each program providing for such increases, and the amount and percentage increase (if any) of each such increase which will take effect after reduction under this part; "(B) the amount of the savings (if any) to be achieved in the application of each of the special rules set forth in subsections (c) through (1) of section 256, along with a statement of (i) the new Federal matching rate resulting from the application of subsection (e) of that section, and (ii) the amount of the percentage reduction in payments to the States under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and "(C)(i) for defense programs, by account, the reduction (stated in terms of both percentage and amount) in new budget authority and unobligated balances, together with the estimated outlay reductions resulting therefrom; and "(ii) for non-defense programs, by account, the reduction, stated in terms of both percentage and amount, in new budget authority; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or if^ f limitations; obligation limitations; and spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974; together with the estimated outlay reductions resulting therefrom. "(5) BASIS FOR DIRECTORS' ESTIMATES, DETERMINATIONS, AND

SPECIFICATIONS.—The estimates, determinations, and specifications of the Directors under the preceding provisions of this subsection and under subsection (c) shall utilize the budget baseline, criteria, and guidelines set forth in paragraph (6) and in sections 255, 256, and 257. In estimating the deficit, the excess deficit, and unachieved deficit reduction for an initial report under paragraph (2) or a final report under subsection (c).

Defense and national security. Loans.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/790

 101 STAT. 760

Taxes.

Government organization and employees. Wages.

PUBLIC LAW 1 0 0 - 1 1 9 - S E P T. 29, 1987

the Directors shall use the budget baseline set forth in paragraph (6) based on laws enacted by, and regulations promulgated as final by, the snapshot date applicable to such report. "(6) BUDGET BASELINE.—In estimating the deficit excess and net deficit reduction in the budget baseline and in computing the amounts and percentages by which accounts must be reduced during a fiscal year as set forth in any report required under this subsection for such fiscal year, the budget baseline shall be determined by— "(A) assuming (subject to subparagraph (B)) the continuation of current revenue law and, in the case of spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974, funding for current law at levels sufficient to fully make all payments required under such law; "(B) assuming that expiring provisions of law providing revenues and spending authority as defined in section 401(c)(2) of the Congressional Budget Act of 1974 do expire, except that excise taxes dedicated to a trust fund, and agricultural price support programs administered through the Commodity Credit Corporation are extended at current rates, and contract authority for transportation trust funds
 * .r. 3

is extended at current levels; "(C) in the case of all accounts to which subparagraph (A) does not apply— "(i) assuming for an account (except as provided by clause (ii)), appropriations at the level specified in enacted annual appropriations or continuing appropriations enacted for the entire fiscal year, and in addition, estimates of appropriations to cover the costs of Federal pay adjustments as set forth in subparagraph (D)(ii) (unless funding for such pay adjustments are provided for in such measure as explained in the joint explanatory statement of managers accompanying such appropriations); '(ii) assuming, if no annual appropriations or continuing appropriations for the entire fiscal year have been enacted for an account, subject to subparagraph (D)(iii), appropriations at the level provided for the previous fiscal year, (I) adjusted to reflect the full 12-month costs (without absorption) of the pay adjustment that occurred in such fiscal year, (II) inflated as specified in subparagraph (D)(i), and (III) increased to cover the increased costs to agencies of personnel benefits (other than pay) required by law; "(D)(i) as required by subparagraph (C)(ii)(II), assuming that the inflator shall equal— "(I) in the case of fiscal year 1988— "(aa) for personnel costs, the rate of Federal pay adjustments for statutory pay systems and elea:iA ments of military pay if such adjustments have been enacted into law or (on or after October 1 of the fiscal year) have been established pursuant to law for such fiscal year or, if not, 4.2 percent, multiplied by the proportion of the fiscal year for which the pay adjustments will be effective, multi: plied by 78 percent; and ,{'j) itctiurjHdiia idi "(bb) for all other costs, 4.2 percent; j iv>.4 vi

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/791

 PUBLIC LAW 100-119—SEPT. 29, 1987

ii

31»V«

bSiilit.;

'iu li

ficuif

101 STAT. 761

"(II) in the case of fiscal year 1989 and subsequent fiscal years— "(aa) for 70 percent of personnel costs, the rate of Federal pay adjustments for statutory pay systems and elements of military pay if such adjustments have been enacted into law or (on or after October 1 of the fiscal year) have been established pursuant to law for such fiscal year or, if not, at the inflation rate specified in subclause (II)(bb), multiplied by the proportion of the fiscal year for which the pay adjustments will be effective, multiplied by 78 percent; and "(bb) for all other costs, the percentage by which the average of the estimated gross national product implicit price deflator for such fiscal year exceeds the average of such estimated deflator for the prior fiscal year (and the Director of OMB shall use such percentage as estimated in the budget submitted by the President under section 1105(a) for such fiscal year, but such use shall not constrain the economic assumptions the Director may use under paragraph (2)(C)); "(ii) if required by subparagraph (C)(i), assuming appropriations for a fiscal year in an amount sufficient to— "(I) cover any Federal pay adjustment for statutory pay systems (including associated adjustments in benefit costs) if such adjustments have been enacted into law or, on or after October 1 of the fiscal year, have been established pursuant to law for such fiscal year; "(II) cover any pay adjustments for elements of military pay (including associated adjustments in benefit costs) if such adjustments are specifically enacted into law or occur pursuant to adjustments for statutory pay systems if such adjustments have been enacted into law or, on or after October 1 of the fiscal year, have been established pursuant to law; reduced by 22 percent; "(iii) assuming for the purposes of subparagraph (C)(ii) that the amount provided for an account for the previous fiscal year is the amount provided in any enacted annual appropriations or continuing appropriations enacted for the entire fiscal year, as modified by any enacted supplemental appropriations or rescission bills, and if a temporary continuing appropriation is in effect for the previous fiscal year, then the amount provided for such account for the previous fiscal year shall be assumed to be the amount that would have been enacted if such continuing appropriations were in effect for the entire fiscal year; "(E) assuming that medicare spending levels for inpatient hospital services will be based upon the regulations most recently issued in final form or proposed by the Health Care Financing Administration pursuant to sections 1886(b)(3)(B), 1886(d)(3)(A), and 1886(e)(4) of the Social Security Act; "(F) assuming that, unless otherwise required by law, advance deficiency payments and paid land diversion payments under the Agricultural Act of 1949 will be made in

.aiTstfjJsV

.8H30-J

noTiB-i't'Uin

Medicare.

Real property.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/792

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 762 sv;

accordance with applicable regulations and payment rates for 1987; "(G) assuming that the increase in revenues attributable to any increase in appropriations available for administration and enforcement of the Internal Revenue Code of 1986 (over the amount actually appropriated for the previous fiscal year) is consistent on a proportional basis with the increase in revenues projected to result from the increased appropriations for such purposes in the budget submitted under section 1105(a) of title 31, United States Code, for • I'H such fiscal year; "(H) assuming, unless otherwise provided by law, that the increase for Veterans' compensaton (36-0153-0-1-701) for a fiscal year will be the same as that required by law for Veterans' pensions; "(I) assuming, for purposes of this paragraph and subparagraph (A)(i) of paragraph (3), that 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 rib. sales mandated by law before September 18, 1987, and routine, ongoing asset sales and loan prepayments at levels -etc; consistent with agency operations in fiscal year 1986; "(J) assuming that deferrals proposed during the period beginning October 1 of such fiscal year and ending with the snapshot date for such fiscal year shall not be taken into account in determining such budget baseline; and "(K) assuming that the transfer of Government actions from one fiscal year to another fiscal year, as described in section 202 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987, shall not be taken into account except to the extent provided in such section. Terms used in this paragraph shall have the meanings defined in sections 256 and 257.

Veterans.

Loans.

Federal Register, publication.

"(b)

DATES FOR SUBMISSION AND PRINTING OF REPORTS.—Each

report submitted under this section shall be submitted to the Federal Register on the day that it is issued and printed on the following day. If the date specified for the submission of a report by the Directors or its printing in the Federal Register under this section falls on a Sunday or legal holiday, such report shall be submitted or printed on the following day. "(c) REVISED ESTIMATES, DETERMINATIONS, AND REPORTS.— "(1) REPORTS BY CBO.—On November 15 of fiscal year 1988

and on October 10 of subsequent fiscal years, the Director of CBO shall issue a revised report to Congress and the Director of OMB— "(A) indicating whether and to what extent, as a result of laws enacted and regulations promulgated as final after August 15 of the calendar year in which the fiscal year r^m'i begins (or after October 10, 1987, in the case of the fiscal year 1988) the aggregate amount of required outlay reduci tions identified in the report submitted under subsection i.:-*f (a)(2)(A) has been eliminated, reduced, or increased, "(B) adjusting the determinations made under subsection UiBH (a)(2)(A) to the extent necessary, and "(C) specifying by programs, projects, and activities for Hi:x'^ defense accounts, the budget baseline from which reduc-

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/793

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 763

tions are taken and the amounts and percentages by which such programs, projects, and activities must be reduced. "(2) REPORTS BY OMB.—On November 20 of fiscal year 1988 and on October 15 of subsequent fiscal years, the Director of OMB shall submit to the President and the Congress a report revising the report issued under subsection (a)(2)(B), adjusting the estimates, determinations, and specifications contained in the report and taking into account for the purposes of required determinations and comparisons the revised report issued by the Director of CBO under paragraph (1). This report shall contain all of the determinations and comparisons required in, and shall be based on the same economic and technical assumptions, employ the same methodologies, and utilize the same definition of the budget baseline and the same criteria and guidelines as, the report issued under subsection (a)(2)(B), and shall provide for the determination of reductions in the manner specified in subsection (a)(3). In addition, this report shall specify by programs, projects, and activities for defense accounts, the budget baseline from which reductions are taken and the amounts by which such programs, projects, and activities must be reduced. '(d) SEQUESTRATION OF DEFENSE PROGRAMS.— "(1) DETERMINATION OF UNIFORM PERCENTAGE.—The

total amount of reductions in outlays under defense programs required for a fiscal year under subsection (a)(3)(B) shall be calculated as a percentage of the total amount of outlays for the fiscal year estimated to result from new budget authority and unobligated balances for defense programs.

ioe BU i

"(2) SEQUESTRATION OF N E W BUDGET AUTHORITY AND UNOBLIGATED BALANCES.—

"(A) Sequestration to achieve the required reduction in outlays under defense programs shall be made by reducing new budget authority and unobligated balances (if any) in each program, project, or activity under accounts within defense programs by the percentage determined under paragraph (1), computed on the basis of the combined outlay rate for new budget authority and unobligated balances for such program, project, or activity determined under subparagraph (B). "(B) If the outlay rate for unobligated balances is not available for any program, project, or activity, the outlay rate used shall be the outlay rate for new budget authority. "(3) FLEXIBILITY ACCOUNTS.—

WITH

RESPECT

TO

MILITARY

PERSONNEL

"(A) Notwithstanding paragraphs (1) and (2), with respect to a fiscal year the President may, with respect to any military personnel account— "(i) exempt any program, project, or activity within such account from the order; "(ii) provide for a lower uniform percentage to be applied to reduce any program, project, or activity within such account than would otherwise apply; or "(iii) take actions described in both clauses (i) and (ii). "(B) If the President uses the authority under subparagraph (A), the total amount by which outlays are not reduced for such fiscal year in military personnel accounts by reason of the use of such authority shall be determined.

,.

> '

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/794

 101 STAT. 764

PUBLIC LAW 100-119—SEPT. 29, 1987

Additional reductions in outlays under defense programs in such total amount shall be achieved by a uniform percentage sequestration of new budget authority and unobligated balances in each program, project, and activity within each account within major functional category 050 other than those military personnel accounts for which the authority f' provided under subparagraph (A) has been exercised, com' puted on the basis of the outlay rate for each such program, project, and activity determined under paragraphs (1) and (2). ^ "(C) The President may not use the authority provided by subparagraph (A) unless he notifies the Congress on or before October 10, 1987, in the case of fiscal year 1988, or August 15 of the calendar year in which the fiscal year begins in the case of any subsequent fiscal year, of the manner in which such authority will be exercised. The Directors shall reflect the results of authority exercised under this paragraph in the reports required under section 251(a)(2). "(e) EXCEPTION.—The preceding provisions of this section shall not apply if a declaration of war by the Congress is in effect. 2 USC 902.

"SEC. 252. PRESIDENTIAL ORDER.
 * - "(a) ISSUANCE OF INITIAL ORDER.—

Loans.

"(1) IN GENERAL.—On August 25 (or October 20, 1987, in the case of fiscal year 1988), following the submission of a report by the Director of OMB under section 251(a)(2)(B), the President, in strict accordance with the requirements of paragraph (2) and iJ section 251(a)(3) and (4) and subject to the exemptions, exceptions, limitations, special rules, and definitions set forth in sections 255, 256, and 257, shall make all the reductions specified in such report by issuing an order that (notwithstanding the Impoundment Control Act of 1974)— "(A) in accordance with such report, suspends the operation of each provision of Federal law that would (but for such order) require an automatic spending increase to take effect during such fiscal year in such a manner as to prevent such increase from taking effect, or reduce such increase, in accordance with such report; and '^^^: ^^ "(B) in accordance with such report, sequesters 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; t) >!.vr and obligation limitations— <*^« ^'' "(i) for funds provided in annual appropriation Acts, from each affected program, project, and activity (as set nit l^>'' forth in the most recently enacted applicable appropriation Acts and accompanying committee reports for the program, project, or activity involved, including VJl joint resolutions providing continuing appropriations 'JO and committee reports accompanying Acts referred to tf^ in such resolutions), applying the same reduction fi percentage as the percentage by which the account -=^s involved is reduced in the report submitted under seci'^*^ tion 251(a)(2)(B) or from each affected budget account if .bsiiifii:?io the program, project, or activity is not so set forth, and

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/795

 PUBLIC LAW 100-119—SEPT. 29, 1987 P t.-r

101 STAT. 765

"(ii) for funds not provided in annual appropriation Acts, from each budget account activity as identified in the program and financing schedules contained in the appendix to the Budget of the United States Government for that fiscal year, applying the same reduction percentage as the percentage by which the account is reduced in such report.

"(2) ORDER TO BE BASED ON DIRECTOR OF OMB'S REPORT.—The

order must provide for reductions in the manner specified in section 251(a)(3), must incorporate the provisions of the report submitted under section 251(a)(2)(B), and must be consistent with such report in all respects. The President may not modify or recalculate any of the estimates, determinations, specifications, bases, amounts, or percentages set forth in such report in determining the reductions to be specified in the order with respect to programs, projects, and activities, or with respect to budget activities, within an account. "(3) ORDER REQUIRED IF NO REDUCTIONS ARE NEEDED.—If the

report submitted under section 251(a)(2)(B) states that no aggregate outlay reductions are required for a fiscal year, the order issued by the President shall so state. "(4) EFFECT OF SEQUESTRATION UNDER INITIAL ORDER.—

"(A) IN GENERAL.—Notwithstanding section 257(7), amounts sequestered under an order issued by the President under paragraph (1) shall be withheld from obligation or expenditure pending the issuance of a final order under i -^ subsection (b) and shall be permanently sequestered or ^ reduced in accordance with such final order upon the issuance of such order. "(B) SPECIAL RULE CONCERNING REDUCTION OF PAYMENTS UNDER THE MEDICARE PROGRAM.—

13C".

"(i) IN GENERAL.—With respect to services furnished during the interim period (as defined in clause (iii)) for any fiscal year, and notwithstanding any other provision of this Act, payments under the health insurance programs under title XVIII of the Social Security Act shall not be reduced by an initial order under this subsection for that fiscal year. "(ii)

b->«-i|

DIRECTOR OF OMB TO DETERMINE ANNUALIZED

PERCENTAGE REDUCTION.—The Director of OMB, in consultation with the Secretary of Health and Human Services, shall determine a percentage reduction which shall apply to payments under the health insurance programs under title XVIII of the Social Security Act for services furnished in any fiscal year after the interim period for that year, such that the reduction made in such payments under the final order under subsection (b) for that year shall achieve a total reduction of 2 percent (or, if lower, the uniform percentage reduction provided under section 251(a)(3)(E)(i)) in such payments for such fiscal year as determined on a 12month basis. "(iii) INTERIM PERIOD.—In this subparagraph, the term 'interim period' means, with respect to a fiscal year, the period beginning on October 1 of the fiscal year and ending on the date of the issuance of the final

mijr^no--

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/796

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 766 m

Congress.

order under subsection (b) with respect to that fiscal year. "(5) ACCOMPANYING MESSAGE.—Not later than the 15th day beginning after the President issues an initial order under paragraph (1) for any fiscal year, the President shall transmit to both Houses of Congress a single message containing all the information required by section 251(a)(4) and further specifying in strict accordance with paragraph (2)— "(A) within each account, for each program, project, and activity, or budget account activity, the base from which each sequestration or reduction is taken and the amounts which are to be sequestered or reduced for each such program, project, and activity or budget account activity; and "(B) such other supporting details as the President may determine to be appropriate. Upon receipt in the Senate and the House of Representatives, the message (and any accompanying proposals made under subsection (c)(1)) shall be referred to all committees with jurisdiction over programs, projects, and activities affected by the order. "(6) EFFECTIVE DATE OF INITIAL ORDER.— "(A) FISCAL YEAR 1988.—The order

•lb''-

•10

,^,

issued by the President under paragraph (1) with respect to fiscal year 1988 shall be effective as of the day it is issued (and the President shall withhold from obligation or expenditure as provided in paragraph (4), pending the issuance of the final order under subsection (b), any amounts that are sequestered under such order). "(B) FISCAL YEARS 1989-1993.—The order issued by the President under paragraph (1) with respect to the fiscal year 1989 or any subsequent fiscal year shall be effective as of October 1 of such fiscal year (and the President shall withhold from obligation or expenditure as provided in paragraph (4), pending the issuance of the final order under subsection (b), any amounts that are sequestered under such order).

"(7) TREATMENT OF AUTOMATIC SPENDING INCREASES.— "(A) FISCAL YEARS 1987-1993.—Notwithstanding -ft-

f?'

-S' I 0:dt

-• ' i'

any

other provision of law, any automatic spending increase that would (but for this clause) be first paid during the period beginning with the first day of such fiscal year and ending with the date on which a final order is issued pursuant to subsection (b) shall be suspended until such final order becomes effective, and the amounts that would otherwise be expended during such period with respect to such increases shall be withheld. If such final order provides that automatic spending increases shall be reduced to zero during such fiscal year, the increases suspended pursuant to the preceding sentence and any legal rights thereto shall be permanently cancelled. If such final order provides for the payment of the full amount of such increases, the increases suspended pursuant to such sentence shall be restored to the extent necessary to pay such reduced or full increases, and lump-sum payments in the amounts necessary to pay such reduced or full increases shall be made, for the period for which such increases were suspended pursuant to this clause. * jT^.ji.ti.Mn-'a

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/797

 PUBLIC LAW 100-119—SEPT. 29, 1987 >

/

101 STAT. 767

"(B) PROHIBITION AGAINST RECOUPMENT.—Notwithstand-

ing subparagraph (A), if an amount required to be withheld is paid, no recoupment shall be made against an individual to whom payment was made. "(C) EFFECT OF LUMP-SUM PAYMENTS ON NEEDS-RELATED

PROGRAMS.—Lump-sum payments made under the last sentence of subparagraph (A) shall not be considered as income or resources or otherwise taken into account in determining the eligibility of any individual for aid, assistance, or benefits under any Federal or federally assisted program which conditions such eligibility to any extent upon the income or resources of such individual or his or her family or household, or in determining the amount or duration of such aid, assistance, or benefits. '(b) ISSUANCE OF FINAL ORDER.—

"(1) IN GENERAL.—On October 15 of the fiscal year (or on November 20, 1987, in the case of fiscal year 1988), after the submission of the revised report by the Director of OMB under section 251(c)(2), the President shall issue a final order under this section to make all of the reductions and sequestrations specified in such report, but only to the extent and in the manner provided in such report. The order issued under this subsection— "(A) shall include the same reductions and sequestrations i as the initial order issued under subsection (a), adjusted to the extent necessary to take account of any changes in relevant amounts or percentages determined by the Director of OMB in the revised report submitted under section 251(c)(2), and shall include a reduction in payments under the health care programs under title XVIII of the Social Security Act determined in accordance with subsection (a)(4)(B)(ii), "(B) shall make such reductions and sequestrations in strict accordance with the requirements of sections 251(a)(3) and (4), and "(C) shall utilize the same criteria and guidelines as those which were used in the issuance of such initial order under subsection (a). The provisions of section 251(a)(3) shall apply to the revised report submitted under section 251(c)(2) and to the order issued under this subsection in the same manner as such provisions apply to the initial report issued under section 251(a)(2)(B) and to the order issued under subsection (a). "(2) ORDER REQUIRED IF DEFICIT REDUCTION IS ACHIEVED.—If

the Director of OMB issues a revised report under section 251(c)(2) stating that as a result of laws enacted and regulations promulgated as final after August 15 of the calendar year in which such fiscal year begins (or October 10, 1987, in the case of fiscal year 1988) no deficit reduction is necessary to fully satisfy the requirements of section 251(a)(3)(A), the order issued under this subsection shall so state and shall make available for obligation and expenditure any amounts withheld pursuant to subsection (a)(4) or (a)(7). "(3) EFFECTIVE DATE OF FINAL ORDER.—

"(A) The final order issued by the President under paragraph (1) shall become effective on the date of its issuance.

r- =

�


text:
Page:Amazing Stories Volume 01 Number 01.djvu/53

Rh had traversed a couple of miles on level ground. Gallia had its drawbacks, but it had some compensating advantages.

Telescopes in hand, the explorers from the summit scanned the surrounding view. Their anticipations had already realized what they saw. Just as they expected, on the north, east, and west lay the Gallian Sea, smoothed and motionless as a sheet of glass, the cold having, as it were, congealed the atmosphere so that there was not a breath of wind. Towards the south there seemed no limit to the land, and the volcano formed the apex of a triangle, of which the base was beyond the reach of vision. Viewed even from this height, whence distance would do much to soften the general asperity, the surface nevertheless seemed to be bristling with its myriads of hexagonal lamellæ, and to present difficulties which, to an ordinary pedestrian, would be insurmountable.

"Oh for some wings, or else a balloon!" cried Servadac, as he gazed around him; and then, looking down to the rock upon which they were standing, he added, "We seem to have been transplanted to a soil strange enough in its chemical character to bewilder the savants of a museum."

"And do you observe, captain," asked the count, "how the convexity of our little world curtails our view? See, how circumscribed is the horizon!"

Servadac replied that he had noticed the same circumstance from the top of the cliffs of Gourbi Island.

"Yes," said the count; "it becomes more and more obvious that ours is a very tiny world, and that Gourbi Island is the sole productive spot upon its surface. We have had a short summer, and who knows whether we are not entering upon a winter that may last for years, perhaps for centuries?"

"But we must not mind, count," said Servadac, smiling. "We have agreed, you know, that, come what may, we are to be philosophers."

"Ay, true, my friend," rejoined the count; "we must be philosophers and something more; we must be grateful to the good Protector who has hitherto befriended us, and we must trust His mercy to the end."

For a few moments they both stood in silence, and contemplated land and sea; then, having given a last glance over the dreary panorama, they prepared to wend their way down the mountain. Before they commenced their descent, however, they resolved to make a closer examination of the crater. They were particularly struck by what seemed to them almost the mysterious calmness with which the eruption was effected. There was none of the wild disorder and deafening tumult that usually accompany the discharge of volcanic matter, but the heated lava, rising with a uniform gentleness, quietly overran the limits of the crater, like the flow of water from the bosom of a peaceful lake. Instead of a boiler exposed to the action of an angry fire, the crater rather resembled a brimming basin, of which the contents were noiselessly escaping. Nor were there any igneous stones or red-hot cinders mingled with the smoke that crowned the summit; a circumstance that quite accorded with the absence of the pumice-stones, obsidians, and other minerals of volcanic origin with which the base of a burning mountain is generally strewn.

Captain Servadac was of opinion that this peculiarity augured favorably for the continuance of the eruption. Extreme violence in physical, as well as in moral nature, is never of long duration. The most terrible storms, like the most violent fits of passion, are not lasting; but here the calm flow of the liquid fire appeared to be supplied from a source that was inexhaustible, in the same way as the waters of Niagara, gliding on steadily to their final plunge, would defy all effort to arrest their course.

Before the evening of this day closed in, a most important change was effected in the condition of the Gallian Sea by the intervention of human agency. Notwithstanding the increasing cold, the sea, unruffled as it was by a breath of wind, still retained its liquid state. It is an established fact that water, under this condition of absolute stillness, will remain uncongealed at a temperature several degrees below zero, whilst experiment, at the same time, shows that a very slight shock will often be sufficient to convert it into solid ice.

It had occurred to Servadac that if some communication could be opened with Gourbi Island, there would be a fine scope for hunting expeditions. Having this ultimate object in view, he assembled his little colony upon a projecting rock at the extremity of the promontory, and having called Nina and Pablo out to him in front, he said: "Now, Nina, do you think you could throw something into the sea?"

"I think I could," replied the child, "but I am sure that Pablo would throw it a great deal further than I can."

"Never mind, you shall try first."

Putting a fragment of ice into Nina's hand, he addressed himself to Pablo:

"Look out, Pablo ; you shall see what a nice little fairy Nina is! Throw, Nina, throw, as hard as you can."

Nina balanced the piece of ice two or three times in her hand, and threw it forward with all her strength.

A sudden thrill seemed to vibrate across the motionless waters to the distant horizon, and the Gallian Sea had become a solid sheet of ice!

When, three hours after sunset, on the 23rd of March, the Gallian moon rose upon the western horizon, it was observed that she had entered upon her last quarter. She had taken only four days to pass from syzygy to quadrature, and it was consequently evident that she would be visible for little more than a week at a time, and that her lunation would be accomplished within sixteen days. The lunar months, like the solar days, had been diminished by one-half. Three days later the moon was in conjunction with the sun, and was consequently lost to view; Ben Zoof, as the first observer of the satellite, was extremely interested in its movements, and wondered whether it would ever reappear.

On the 26th, under an atmosphere perfectly clear and dry, the thermometer fell to 12° C. below zero. Of the present distance of Gallia from the sun, and the number of leagues she had traversed since the receipt of the last mysterious document, there were


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/798

 101 STAT. 768

PUBLIC LAW 100-119—SEPT. 29, 1987 -bftsJ b' IJ

and shall supersede the initial order issued under subsection (a)(1). "(B) Any modification or suspension by such order of the operation of a provision of law that would (but for such ciarA order) require an automatic spending increase to take effect during the fiscal year shall apply for the one-year period 9 beginning with the date on which such automatic increase j: would have taken effect during such fiscal year (but for such order). r "(4) ACCOMPANYING MESSAGE.—Not later than the 15th day -; beginning after the President issues a final order under para- graph (1) for any fiscal year, the President shall transmit to both Houses of Congress a single message in the same manner as, and containing all the information required by, subsection (a)(5). i "(c) PROPOSAL OF ALTERNATIVES BY THE PRESIDENT.—

& •! -; F. f e

"(1) IN GENERAL.—A message transmitted pursuant to subsection (a)(5) with respect to a fiscal year may be accompanied by a proposal setting forth in full detail alternative ways to reduce the deficit for such fiscal year in an amount not less than the deficit reduction required under section 251(a)(3) for such fiscal year.

c

"(2) FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.—

t {. f L.. fioijt) nr v. (F,)(fc r J pe«'' i € b'.m i r.. B^-V^'^ E n i Reports.

u o* to

,i

"(A) Subject to subparagraphs (B), (C), and (D), and subsection (d), new budget authority and unobligated balances for any programs, projects, or activities within major functional category 05 (other than a military personnel account) may be further reduced beyond the amount specifled in an order issued by the President under subsection (b)(1) 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 subparagraph, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB under section 251(c)(2). "(B) No actions taken by the President under subparagraph (A) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10, United States Code. "(C) The President may not exercise the authority provided by this paragraph for a fiscal year unless— "(i) the President submits a single report to Congress specifying changes proposed to be made for such fiscal year pursuant to this paragraph; and "(ii) a joint resolution affirming or modifying the changes proposed by the President pursuant to this paragraph becomes law.

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/799

 PUBLIC LAW 100-119—SEPT. 29, 1987 -"

,< ^jj 5, .rf

^..ff-f f,r .-[; l^fi

^,i m. iiDijij 1 edi oj 0j fj3 03 3g. -•j'B-

m ,,j^

^l, I jr, ,|j ai

,

101 STAT. 769

"(D) Within 5 calendar days of session after the President Congress. submits a report to Congress under subparagraph (C)(i) for a fiscal year, but before November 25, 1987, for fiscal year 1988 or, in the case of any subsequent fiscal year, before October 20 of such 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. "(E)(i) The matter after the resolving clause in any joint resolution introduced pursuant to subparagraph (D) shall be as follows: That the report of the President as submitted on [Insert Date] under section 252(c)(2)(C)(i) is hereby approved.'. "(ii) The title of the joint resolution shall be 'Joint resolution approving the report of the President submitted under section 252(c)(2)(C)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.'. "(iii) Such joint resolution shall not contain any preamble. "(F)(i) A joint resolution introduced in the House of Representatives under subparagraph (D) 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, "(ii) A joint resolution introduced in the Senate under subparagraph (D) 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 made 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 252(b)(1) insofar as they relate to major function 050 (national defense). "(iii) On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is placed on the appropriate calendar, 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 and IV of the Congressional Budget Act of 1974. 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 highly privileged in the House of Representatives

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/800

 101 STAT. 770

PUBLIC LAW 100-119—SEPT. 29, 1987

.msm.ud').1 ^^ '

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 imme, diately proceed to consideration of the joint resolution with-~-^ • out intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the respective House until disposed of. \t.i3 • ' (G)(i) In the Senate, debate on a joint resolution introduced under subparagraph (D), 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 'C-A* on a joint resolution introduced under subparagraph (D) shall be limited to not more than 4 hours which shall be ~ ^ equally divided between the chairman of the Committee on ^ Appropriations and the ranking minority member of such ^ committee. ^; "(ii) 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 debat^ able. In the House, a motion to recommit, with or without • instructions, is in order. "(H)(i) In the House of Representatives, an amendment ^ and any amendment to an amendment 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 252(b)(1) insofar as they relate to major function 050 (national defense) 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). f "(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. "(iv) It shall not be in order in the Senate to consider any amendment to any joint resolution introduced under ^ subparagraph (D) or any conference report thereon if such amendment or conference report would have the effect of '-" decreasing any specific budget outlay reductions below the

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/801

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 771

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. "(v) For purposes of the application of clause (iv), 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) Immediately following the conclusion of the debate on a joint resolution introduced under subparagraph (D), 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 subparagraph (H) (except in the House of Representatives for the motion to recommit and the disposition of any amendment proposed in a motion to recommit which has been adopted), the vote on final passage of the joint resolution shall occur. "(J) 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 subparagraph (D) shall be decided without debate. "(K) In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 (including points of order under sections 302(c), 303(a), 306, and 401(b)(1)) are applicable to a conference report on the joint resolution or any amendments in disagreement thereto. "(L) If, before the passage by the Senate of a joint resolution of the Senate introduced under subparagraph (D), the Senate receives from the House of Representatives a joint resolution introduced under subparagraph (D), then the following procedures shall apply: "(i) The joint resolution of the House of Representatives shall not be referred to a committee. "(ii) With respect to a joint resolution introduced under subparagraph (D) 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)(aa) 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 "(bb) 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. "(iii) 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) If the Senate receives from the House of Representatives a joint resolution introduced under subparagraph (D)

91-194 O - 90 - 26: QL.3 Part 1

'''•^"'• ...J l:]?

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/802

 101 STAT. 772

PUBLIC LAW 100-119—SEPT. 29, 1987 -w f B I f^rl <

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.

"(d) EXISTING PROGRAMS, PROJECTS, AND ACTIVITIES NOT To BE

ELIMINATED.—No action taken by the President under subsection (a) or (b) of this section shall have the effect of eliminating any program, project, or activity of the Federal Government. "(e) RELATIVE BUDGET PRIORITIES NOT TO B E ALTERED.—Nothing

in the preceding provisions of this section shall be construed to give the President new authority to alter the relative priorities in the Federal budget that are established by law, and no person who is or becomes eligible for benefits under any provision of law shall be denied eligibility by reason of any order issued under this part. "(f) PART-YEAR APPROPRIATIONS.— "(1) EFFECT OF FINAL ORDER ON PART-YEAR APPROPRIATION.—If,

at the time the President issues a final order for any fiscal year, there is in effect an Act making or continuing appropriations for part of the fiscal year for any budget account which is subject to reduction under the order, then the amount sequestered upon issuance of the order for that account shall be equal to the reduction amount for such account required by the final order multiplied by a fraction the numerator of which is the number of days during the fiscal year with respect to which the Act applies and the denominator of which is 365. "(2) EFFECT OF SUBSEQUENT APPROPRIATION ON FINAL ORDER.—

Federal Register, publication.

"(A) If, after the issuance of a final order for a fiscal year under subsection (b), an Act referred to in paragraph (1) is 0 extended or an Act making or continuing appropriations for part of the fiscal year for the account is enacted, then -B.f additional amounts determined in the same manner shall be sequestered. bo "(B) Upon enactment of a full-year appropriation (including a continuing appropriation for the full year) for the Aj-f3 account, the full amount of the sequestration specified by the final order, reduced by the sum of amounts previously sequestered and savings achieved by such appropriation measure when the amount enacted is less than the budget baseline for such account, shall be sequestered, except that tH! the sum shall not exceed the amount specified in the final order for the account. "(3) EFFECTIVE DATE OF SEQUESTRATIONS.—Amounts required to be sequestered by the President under paragraph (1) or (2) shall be sequestered not later than the close of the fifth calendar day beginning after the date of enactment into law of the relevant Act referred to in paragraph (1) or (2). "(g) PRINTING OF ORDERS.—Each initial order and final order issued under this section shall be submitted to the Federal Register on the date it is issued and printed on the following day. If the date specified for the issuance of an order or its printing in the Federal Register under this section falls on a Sunday or legal holiday, such order shall be issued or printed on the following day."
 * )9v

�


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/803

 PUBLIC LAW 100-119—SEPT. 29, 1987

101 STAT. 773

(b) CONFORMING AMENDMENTS.— (1) CONGRESSIONAL PROCEDURES.—Section

254(b)(1)(A) of the Act is amended by striking out "the Comptroller General under 2 USC 904. section 251(c)(2)" and by inserting in lieu thereof "the Director of OMB under section 251(c)(2)". (2) SEQUESTRATIONS.—Section 256(a)(2) of the Act is amended 2 USC 906. to read as follows: "(2) SEQUESTRATIONS.—Any amounts of new budget authority; Loans, 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; or obligation limitations which are sequestered or automatic spending increases which are reduced under an order issued under section 252 are permanently cancelled or reduced; with the exception of amounts sequestered or reduced 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.". (3) TREATMENT OF OBLIGATED BALANCES.—Section 256(1) of the Act is amended to read as follows: "(1) TREATMENT OF OBLIGATED BALANCES.—Obligated balances shall not be subject to reduction under an order issued under section 252.". (4) DEFINITION OF SEQUESTRATION.—Section 257(7) of the Act is

amended to read as follows: "(7) The terms 'sequester' and 'sequestration' (subject to section 252(a)(4)) refer to or mean the reduction or cancellation of 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; and obligation limitations.". (5) DEFINITION OF SEQUESTERABLE RESOURCE.—Section 257

of

the Act is amended by adding after paragraph (8) the following new paragraph: "(9) The term 'sequesterable resource' means 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; and obligation limitations for budget accounts, programs, projects, and activities that are not exempt from reduction or sequestration under this part.". (6)

CLARIFYING

AMENDMENT

RESPECTING

APPROPRIATED

ENTITLEMENTS.—Section 257 of the Act is amended by adding after paragraph (10) the following new paragraph: "(11) As used in this part, all references to section 401(c)(2) of the Congressional Budget Act of 1974 shall include (but are not limited to) payments to any person or government under terms of law for the following programs: "(A) Claims, defense (97-0102-0-1-051). • "(B) Veterans compensation (36-0153-0-1-701). _., "(C) Veterans pensions (36-0154-0-1-701). "• " " (D) Burial benefits and miscellaneous assistance (360155-0-1-701). umi r <: u^g) Readjustment benefits (36-0137-0-1-702).

2 USC 907.

�