Stat. 332, hereinafter referred to as the Act) [this chapter], and section 301 of title 3 of the United States Code, the Director of the Office of Management and Budget is hereby designated and empowered to exercise, as of October 1, 1974 without ratification or other action of the President (1) the functions required by sections 1014(b) and 1014(d) of the Act [subsecs. (b) and (d) of this section] of transmitting to the Comptroller General of the United States and to the Office of the Federal Register copies of special messages transmitted pursuant to section 1012 or 1013 of the Act [sections 1402 and 1403 of this title]; and (2) the function conferred upon the President by section 1014(e) of the Act [subsec. (e) of this section] of submitting to the Congress cumulative reports of proposed rescissions, reservations, and deferrals of budget authority.

§ 1405. Reports by Comptroller General.

(a) Failure to transmit special message.

GERALD R. FORD

If the Comptroller General finds that the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States

(1) is to establish a reserve or proposes to defer budget authority with respect to which the President is required to transmit a special message under section 1402 or 1403 of this title; or

(2) has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority;

and that the President has failed to transmit a special message with respect to such reserve or deferral, the Comptroller General shall make a report on such reserve or deferral and any available information concerning it to both Houses of Congress. The provisions of this part shall apply with respect to such reserve or deferral in the same manner and with the same effect as if such report of the Comptroller General were a special message transmitted by the President under section 1402 or 1403 of this title, and, for purposes of this chapter, such report shall be considered a special message transmitted under section 1402 or 1403 of this title.

(b) Incorrect classification of special message.

If the President has transmitted a special message to both Houses of Congress in accordance with section 1402 or 1403 of this title, and the Comptroller General believes that the President so transmitted the special message in accordance with one of those sections when the special message should have been transmitted in accordance with the other of those sections, the Comptroller General shall make a report to both Houses of the Congress setting forth his reasons. (Pub. L. 93-344, title X, § 1015, July 12, 1974, 88 Stat. 336.)

EFFECTIVE DATE

Section effective July 12, 1974, see section 905 of Pub. L. 93-344, set out as a note under section 1301 of this title.

§ 1406. Suits by Comptroller General.

If, under section 1402 (b) or 1403(b) of this title, budget authority is required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to

require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation. The courts shall give precedence to civil actions brought under this section, and to appeals and writs from decisions in such actions, over all other civil actions, appeals, and writs. No civil action shall be brought by the Comptroller General under this section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Representatives and the President of the Senate. (Pub. L. 93-344, title X, § 1016, July 12, 1974, 88 Stat. 336.)

EFFECTIVE DATE

Section effective July 12, 1974, see section 905 of Pub. L. 93-344, set out as a note under section 1301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1401 of this title.

§ 1407. Procedure in House of Representatives and Senate.

(a) Referral.

Any recission bill introduced with respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be.

(b) Discharge of committee.

(1) If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee.

(2) A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may be); and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to

reconsider the vote by which the motion is agreed to or disagreed to.

(c) Floor consideration in the House.

(1) When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a rescission bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

(2) Debate on a rescission bill or impoundment resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable In the case of an impoundment resolution, no amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a rescission bill or impoundment resolution is agreed to or disagreed to.

(3) Motions to postpone, made with respect to the consideration of a rescission bill or impoundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate.

(4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission bill or impoundment resolution shall be decided without debate.

(5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impoundment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (d) Floor consideration in the Senate.

(1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be

controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.

(3) A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. In the case of an impoundment resolution, no amendment or motion to recommit is in order.

(4) The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.

(5) During the consideration in the Senate of the conference report on any rescission bill, debate shall be limited to 2 hours to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report.

(6) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.

(7) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received. (Pub. L. 93-344, title X, § 1017, July 12, 1974, 88 Stat. 337.)

§ 1501. Congressional findings and declarations.

The Congress makes the following findings and declarations:

(1) It is necessary for the city of New York to obtain seasonal financing from time to time because the city's revenues and expenditures, even when in balance on an annual basis, are not received and disbursed at equivalent rates throughout the year.

(2) At the present time the city is or may be unable to obtain such seasonal financing from its customary sources.

(3) It is necessary to assure such seasonal financing, in order that the city of New York may maintain essential governmental services. (Pub. L. 94-143, § 2, Dec. 9, 1975, 89 Stat. 797.)

SHORT TITLE

Section 1 of Pub. L. 94-143 provided that: "This Act [enacting this chapter] may be cited as 'New York City Seasonal Financing Act of 1975'."

§ 1502. Definitions.

As used in this chapter:

(a) "City" and "State" mean the city and State of New York, respectively.

(b) "Financing agent" means any agency duly authorized by State law to act on behalf or in the interest of the city with respect to the city's financial affairs.

(c) "Secretary" means the Secretary of the Treasury. (Pub. L. 94-143, § 3, Dec. 9, 1975, 89 Stat. 797.) § 1503. Loans.

(a) Upon written request of the city or a financing agent, the Secretary may make loans to the city or such financing agent subject to the provisions of this chapter, but in the case of any loan to a financing agent, the city and such agent shall be jointly and severally liable thereon.

(b) Each such loan shall mature not later than the last day of the city's fiscal year in which it was made, and shall bear interest at an annual rate 1 per centum per annum greater than the current average market yield on outstanding marketable

obligations of the United States with remaining periods to maturity comparable to the maturities of such loan, as determined by the Secretary at the time of the loan. (Pub. L. 94-143, § 4, Dec. 9, 1975, 89 Stat. 797.)

§ 1504. Security for loans.

In connection with any loan under this chapter, the Secretary may require the city and any financing agent and, where he deems necessary, the State, to provide such security as he deems appropriate. The Secretary may take such steps as he deems necessary to realize upon any collateral in which the United States has a security interest pursuant to this section to enforce any claim the United States may have against the city or any financing agent pursuant to this chapter. Notwithstanding any other provision of law, Acts making appropriations may provide for the withholding of any payments from the United States to the city, either directly or through the State, which may be or may become due pursuant to any law and offset the amount of such withheld payments against any claim the Secretary may have against the city or any financing agent pursuant to this chapter. With respect to debts incurred pursuant to this chapter, for the purposes of section 191 of this title the term "person" includes the city or any financing agent. (Pub. L. 94-143, § 5, Dec. 9, 1975, 89 Stat. 797.)

§ 1505. Limitations and criteria.

(a) A loan may be made under this chapter only if the Secretary determines that there is a reasonable prospect of repayment of the loan in accordance with its terms and conditions. In making the loan, the Secretary may require such terms and conditions as he may deem appropriate to insure repayment. The Secretary is authorized to agree to any modification, amendment, or waiver of any such term or condition as he deems desirable to protect the interests of the United States.

(b) At no time shall the amount of loans outstanding under this chapter exceed in the aggregate $2,300,000,000.

(c) No loan shall be provided under this chapter unless (1) the city and all financing agents shall have repaid according to their terms all prior loans under this chapter which have matured, and (2) the city and all financing agents shall be in compliance with the terms of any such outstanding loans. (Pub. L. 94-143, § 6, Dec. 9, 1975, 89 Stat. 798.)

§ 1506. Remedies.

The remedies of the Secretary prescribed in this chapter shall be cumulative and not in limitation of or substitution for any other remedies available to the Secretary or the United States. (Pub. L. 94-143, § 7, Dec. 9, 1975, 89 Stat. 798.)

§ 1507. Funding.

(a) New York City Seasonal Financing Fund; establishment; administration; authorization of appropriations.

There is hereby established in the Treasury a New York City Seasonal Financing Fund to be administered by the Secretary. The fund shall be used for the purpose of making loans pursuant to this chapter. There is authorized to be appropriated to such

fund the sum of $2,300,000,000. All funds received by the Secretary in the payment of principal of any loan made under this chapter shall be paid into the fund. All income from loans and investments made from the fund shall be covered into the Treasury as miscellaneous receipts. Moneys in the fund not needed for current operations may be invested in direct obligations of, or obligations that are fully guaranteed as to principal and interest by, the United States or any agency thereof. After all loans made pursuant to this chapter have been repaid, the balance of the fund shall be returned to the general fund of the Treasury.

(b) Authority to sell, assign, or otherwise transfer notes to the Federal Financing Bank.

The Secretary is authorized to sell, assign, or otherwise transfer from the fund any note or other evidence of any loan made pursuant to this chapter to the Federal Financing Bank and, in addition to its other powers, such Bank is authorized to purchase, receive, or otherwise acquire the same.

(c) Authorization of appropriations for expenses of administration.

There are authorized to be appropriated such sums as may be necessary to pay the expenses of administration of this chapter. (Pub. L. 94-143, § 8, Dec. 9, 1975, 89 Stat. 798.)

§ 1508. Inspection of documents.

At any time a request for a loan is pending or a loan is outstanding under this chapter, the Secretary

is authorized to inspect and copy all accounts, books, records, memorandums, correspondence, and other douments of the city or any financing agent relating to its financial affairs. (Pub. L. 94-143, § 9, Dec. 9, 1975, 89 Stat. 799.)

§ 1509. Audits.

(a)1 No loan may be made under this chapter for the benefit of any State or city unless the General Accounting Office is authorized to make such audits as may be deemed appropriate by either the Secretary or the General Accounting Office of all accounts, books, records, and transactions of the State, the political subdivision, if any, involved, and any agency or instrumentality of such State or political subdivision. The General Accounting Office shall report the results of any such audit to the Secretary and to the Congress. (Pub. L. 94-143, § 10, Dec. 9, 1975, 89 Stat. 799.)

§ 1510. Termination.

The authority of the Secretary to make any loan under this chapter terminates on June 30, 1978. Such termination does not affect the carrying out of any transaction entered into pursuant to this chapter prior to that date, or the taking of any action necessary to preserve or protect the interests of the United States arising out of any loan under this chapter. (Pub. L. 94-143, § 11, Dec. 9, 1975, 89 Stat. 799.)

1 So in original. There is no subsec. (b).

Sec.

Chapter 1.-ORGANIZATION

107. Availability of appropriations.

AMENDMENTS

1971-Pub. L. 92-119, § 1(b), Aug. 13, 1971, 85 Stat. 340, substituted in item 107 "Availability" for "Apportionment".

§ 101. Definitions.

In addition to the definitions in sections 1-5 of title 1, the following definitions apply in this title:

(1) "Territory" means any Territory organized after this title is enacted, so long as it remains a Territory. However, for purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, "Territory" includes the Virgin Islands.

(As amended Oct. 13, 1972, Pub. L. 92-492, § 2(a), 86 Stat. 810.)

AMENDMENTS

1972 Cl. (1). Pub. L. 92-492 added provision including within the term "Territory" for the purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the Virgin Islands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 6323; title 10 section 101.

§ 107. Availability of appropriations.

(a) Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for

(b) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. Payable expenses include allowances for subsistence and quarters under sections 402 and 403 of title 37 and expenses for medicine and medical attendance. (As amended Aug. 13, 1971, Pub. L. 92-119, § 1(a), 85 Stat. 340.)

AMENDMENTS

1971-Pub. L. 92-119, § 1(a) (1), substituted "Availability" for "Apportionment" in the catchline.

Subsec. (a). Pub. L. 92-119, § 1(a) (2), (3), (4), redesignated former subsec. (b) as subsec. (a), and in subsec. (a) as so redesignated, substituted "appropriation for the National Guard" for "apportioned appropriation". Former subsec. (a), which provided for the apportionment of appropriations for the Army National Guard and Air National Guard under prescribed formulas among

Page 2653

the states, territories, Puerto Rico, the Canal Zone, District of Columbia, was stricken.

Subsec. (b). Pub. L. 92-119, § 1(a)(4), redesignated former subsec. (c) as subsec. (b). Former subsec. (b) redesignated subsec. (a) and amended.

Subsec. (c). Pub. L. 92-119, § 1(a) (4), redesignated former subsec. (c) as subsec. (b).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 2511.

Chapter 3.-PERSONNEL

§ 307. Federal recognition of officers: examination; certificate of eligibility.

*

(g) Federal recognition may not be extended in the case of any member of the National Guard of the Virgin Islands in any grade above colonel. (As amended Oct. 13, 1972, Pub. L. 92-492, § 2(b), 86 Stat. 810.)

AMENDMENTS

1972 Subsec. (g). Pub. L. 92-492 added subsec. (g). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 111, 308, 310 of this title; title 10 sections 8365, 8366, 8376.

§ 316. Detail of members of Army National Guard for rifle instruction of civilians.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 38 section 2024.

Chapter 5.-TRAINING

§ 502. Required drills and field exercises.

(a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall—

(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and

(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.

However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required member ship in the National Guard.

(As amended Nov. 17, 1971, Pub. L. 92-156, title III, § 303 (b), 85 Stat. 425.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-156 inserted exception to training requirements where member served on active duty for one year or more if the training period falls